[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Rules and Regulations]
[Pages 62147-62150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0370; FRL-9738-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Pittsburgh-Beaver Valley Nonattainment Area 
Determinations of Attainment of the 1997 Annual Fine Particulate 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two determinations regarding the Pittsburgh-
Beaver Valley fine particulate matter (PM2.5) nonattainment 
area (hereafter referred to as ``the Pittsburgh Area'' or ``the 
Area''). First, EPA determines that the Area has attained the 1997 
annual PM2.5 National Ambient Air Quality Standard (NAAQS). 
This determination of attainment is based upon quality-assured, 
quality-controlled and certified ambient air monitoring data for the 
2008-2010 and 2009-2011 monitoring periods, showing that the Pittsburgh 
Area has monitored attainment of the 1997 annual PM2.5 
NAAQS. In accordance with the EPA's applicable PM2.5 
implementation rule, this determination of attainment suspends the 
requirements for the Area to submit an attainment demonstration and 
associated reasonably available control measures (RACM), a reasonable 
further progress (RFP) plan, contingency measures, and other planning 
State Implementation Plan (SIP) revisions related to the attainment of 
the standard for so long as the Area continues to attain the 1997 
annual PM2.5 NAAQS. EPA also determines, based on quality-
assured, quality-controlled, and certified monitoring data for the 
2007-2009 monitoring period, that the Area attained the 1997 annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010. These actions are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on October 12, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0370. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

[[Page 62148]]


SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Summary of Actions
III. Final Action
IV. Effective Date
V. Statutory and Executive Order Reviews

I. Background

    On July 16, 1997, EPA established an annual PM2.5 NAAQS 
at 15.0 micrograms per cubic meter ([mu]g/m\3\) (hereafter referred to 
as ``the 1997 annual PM2.5 NAAQS'' or ``the annual 
PM2.5 standard''), based on a 3-year average of annual mean 
PM2.5 concentrations (62 FR 38652, July 18, 1997). On 
January 5, 2005, EPA published its air quality designations and 
classifications for the 1997 annual PM2.5 NAAQS based upon 
air quality monitoring data for calendar years 2001-2003 (70 FR 944). 
These designations, effective on April 5, 2005, included the Pittsburgh 
Area as a nonattainment area for the 1997 annual PM2.5 
NAAQS. On March 29, 2007, EPA issued a detailed 1997 PM2.5 
implementation rule, codified at 40 CFR part 51, subpart Z, in which 
EPA provided guidance for state and tribal plans to implement the 1997 
annual PM2.5 NAAQS (72 FR 20586, April 25, 2007).
    On June 11, 2012 (77 FR 34297), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania, proposing two 
determinations of attainment of the 1997 annual PM2.5 NAAQS 
for the Pittsburgh Area. First, EPA proposed to determine that the 
Pittsburgh Area has attained the 1997 annual PM2.5 NAAQS, 
based upon quality-assured, quality-controlled, and certified ambient 
air monitoring data for the 2008-2010 period and preliminary data for 
2009-2011. The 2011 data have now been quality-assured and certified, 
and show that the area continues to attain based on certified data for 
2009-2011. See Table 1. In accordance with 40 CFR 51.1004(c), EPA's 
final determination of attainment suspends the requirements for the 
Pittsburgh Area to submit an attainment demonstration and RACM, a RFP 
plan, contingency measures, and other planning SIP revisions related to 
the attainment of the 1997 annual PM2.5 NAAQS for so long as 
the Area continues to attain the 1997 annual PM2.5 NAAQS. In 
the NPR, EPA also proposed to determine that the Area attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010, based on quality-assured, quality-controlled, and 
certified monitoring data for the 2007-2009 monitoring period.

II. Summary of Actions

    EPA has previously determined that the PM2.5 monitoring 
network for the Pittsburgh Area is adequate.\1\ EPA found that the 
number of PM2.5 monitors in the Area meets the minimum 
regulatory requirements given in 40 CFR part 58, appendix D, and that 
monitoring is in accordance with Pennsylvania's most recent annual 
monitoring network plan approved by EPA, as required by 40 CFR 58.10.
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    \1\ The Commonwealth of Pennsylvania's August 4, 2011 annual 
ambient monitoring network plan was approved by EPA in a December 6, 
2011 letter from Shawn M. Garvin, Regional Administrator of EPA 
Region III, to Michael L. Krancer, Secretary of the Pennsylvania 
Department of Environmental Protection.
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    In this final rulemaking, EPA is determining that the Pittsburgh 
Area has attained the 1997 annual PM2.5 NAAQS, based on the 
most recent three years of quality-assured, quality-controlled, and 
certified data, and is also determining that the Area attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010. In accordance with the requirements of 40 CFR part 50, 
EPA has reviewed the quality-assured, quality-controlled, certified 
PM2.5 data recorded in the EPA's Air Quality System (AQS) 
database for the Pittsburgh Area during 2007-2009, 2008-2010, and 2009-
2011 monitoring periods.
    Monitoring data for 2011, which was recently quality-assured, 
quality-controlled, and certified, show that the area continues to 
attain based on certified data for 2009-2011. Table 1 below shows the 
PM2.5 annual design values for the Pittsburgh Area during 
the 2009-2011 period. The PM2.5 annual design value for the 
Pittsburgh Area during 2009-2011 is 14.7 [mu]g/m\3\, based on the 
Orchard monitoring site, located in Allegheny County. The 
PM2.5 monitoring data for 2007-2009 and 2008-2010 were set 
forth in EPA's June 11, 2012 NPR (77 FR 34297).

                                                  Table 1--Pittsburgh Area 2009-2011 Annual PM 2.5 Data
                                                                     [In [mu]g/m\3\]
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                                                                                        Annual mean
             County                   Site ID          Site name     ------------------------------------------------    2009-2011       Completeness
                                                                           2009            2010            2011        Design value        status\1\
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Allegheny.......................     42-003-0002  Orchard...........  ..............            16.3            13.1            14.7  Incomplete \2\
Allegheny.......................     42-003-0008  Lawrence..........            11.6            12.2            11.1            11.6  Complete
Allegheny.......................     42-003-0067  South Fayette.....            10.8            11.7            10.6            11.0  Complete
Allegheny.......................     42-003-0093  North Park........             9.6            10.5             9.0             9.7  Max. Quarter
Allegheny.......................     42-003-0095  Moon..............             9.4            11.5  ..............            10.5  Incomplete \2\
Allegheny.......................     42-003-1008  Harrison..........            12.7            13.0            11.6            12.4  Max. Quarter
Allegheny.......................     42-003-1301  N. Braddock.......            12.1            13.7            12.3            12.7  Collocated
Armstrong.......................     42-005-0001  Kittaning.........            11.0            13.2            12.1            12.1  Incomplete \2\
Beaver..........................     42-007-0014  Beaver Falls......            13.0            12.5            11.7            12.4  Complete
Washington......................     42-125-0005  Charleroi.........            12.6            13.2            12.0            12.6  Max. Quarter
Washington......................     42-125-0200  Washington........            11.1            12.1            10.8            11.3  Complete
Washington......................     42-125-5001  Florence..........            12.2             8.9             5.9             9.0  Complete
Westmoreland....................     42-129-0008  Greensburg........            13.5            14.0            13.7            13.7  Statistical
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\1\ This column indicates if the design value for the monitor is: valid and complete (``Complete'') or incomplete (``Incomplete''). It also indicates
  which data substitution method, if any, was used to deem an incomplete design value valid and ``Complete'': ``Max. Quarter'' denotes the maximum
  quarter data substitution test; ``Collocated'' denotes the collocated data substitution test; ``Statistical'' denotes that EPA's statistical procedure
  has been applied to address the missing data. Note that these techniques are discretionary.
\2\ These monitors did not collect sufficient data during 2009-2011 due to shut-downs or startups.


[[Page 62149]]

    Several monitors did not meet the completeness requirement for one 
or more quarters during 2009-2011. EPA addressed the missing data of 
each of the monitors in order to determine if the monitors were 
attaining the 1997 annual PM2.5 NAAQS, by applying one of 
these methods: Maximum quarter data substitution test, collocated data 
substitution test, and EPA's statistical method. Additional information 
about the monitoring network and air quality data used in this 
determination can be found in the Technical Support Document for this 
final rulemaking notice (FRN) which is available online at 
www.regulations.gov, Docket number EPA-R03-OAR-2012-0370.
    The quality-assured, quality-controlled, certified data for 2008-
2010 and 2009-2011 show that the Pittsburgh Area has monitored 
attainment of the 1997 annual PM2.5 NAAQS. Additionally, 
preliminary PM2.5 data available for 2012 is consistent with 
continued attainment of the 1997 annual PM2.5 NAAQS in the 
Pittsburgh Area. EPA's evaluation of the quality-assured, quality-
controlled, certified monitoring data from 2007-2009 show that the 
Pittsburgh Area attained the 1997 annual PM2.5 NAAQS by its 
applicable attainment date.
    No public comments were submitted in response to the NPR. 
Additional information about the monitoring network and air quality 
data used in this determination is available in the Technical Support 
Documents for the NPR and the FRN. Relevant support documents for this 
action are available online at www.regulations.gov, Docket number EPA-
R03-OAR-2012-0370.

III. Final Action

    EPA is making two final determinations. First, EPA determines that 
the Area has attained the 1997 annual PM2.5 NAAQS, based 
upon quality-assured and certified ambient air monitoring data for the 
2008-2010 and 2009-2011 periods. Pursuant to 40 CFR 51.1004(c), this 
determination of attainment will suspend the requirements for the Area 
to submit an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and other planning SIP revisions related to the 
attainment of the standard, for so long as the Area continues to attain 
the 1997 annual PM2.5 NAAQS. Second, EPA determines that the 
Area attained the 1997 annual PM2.5 NAAQS by its applicable 
attainment date of April 5, 2010, based on quality-assured, quality-
controlled and certified monitoring data for the 2007-2009 monitoring 
period. This determination of attainment fulfills EPA's obligation 
pursuant to section 179(c)(1) of the CAA.
    Finalizing these determinations or either of them does not 
constitute a redesignation of the Pittsburgh Area to attainment for the 
1997 annual PM2.5 NAAQS under CAA section 107(d)(3). Neither 
determination of attainment involves approving a maintenance plan for 
the Pittsburgh Area, nor determines that the Area has met all the 
requirements for redesignation under the CAA, including that attainment 
be due to permanent and enforceable emission reductions.\2\ Therefore, 
the designation status of the Pittsburgh Area will remain nonattainment 
for the 1997 annual PM2.5 NAAQS until such time as EPA takes 
final rulemaking action to determine that such portions meet the CAA 
requirements for redesignation to attainment.
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    \2\ The monitoring data for the 2008-2010 and 2009-2011 
monitoring periods that are relied on in this notice may be impacted 
by reductions associated with the Clean Air Interstate Rule (CAIR), 
which was remanded to EPA in 2008. North Carolina v. EPA, 531 F.3d 
896, as modified on reh'g, 550 F.3d 1176 (DC Cir. 2008). 
Nonetheless, because these determinations address only whether the 
monitoring data show attainment, at this time EPA need not address 
whether such attainment was due to the remanded CAIR.
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IV. Effective Date

    EPA finds that there is good cause for this approval to become 
effective on the date of publication because this action suspends the 
requirements for the Pittsburgh Area to submit an attainment 
demonstration and associated RACM, RFP plans, contingency measures and 
other SIPs related to attainment of the 1997 annual PM2.5 
NAAQS required by CAA Section 172(c). See 40 CFR 51.1004(c). The 
expedited effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rule actions may become effective 
less than 30 days after publication if the rule ``grants or recognizes 
an exemption or relieves a restriction'' and section 5 U.S.C. 
553(d)(3), which allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' The relief from these SIP planning 
obligations in CAA Section 172(c) is sufficient reason to allow an 
expedited effective date of this rule under 5 U.S.C. 553(d)(1) and (3).

V. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes determinations of attainment based on air 
quality, will result in the suspension of certain Federal requirements 
and/or will not impose any additional requirements beyond those imposed 
by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a

[[Page 62150]]

report containing this action and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 11, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action, in which EPA determines that the Pittsburgh Area 
has attained the 1997 annual PM2.5 NAAQS and attained the 
1997 annual PM2.5 NAAQS by its attainment date, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

 Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. Section 52.2056 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.2056  Determinations of Attainment.

* * * * *
    (h) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Pittsburgh-Beaver Valley 
fine particle (PM2.5) nonattainment area attained the 1997 
annual PM2.5 National Ambient Air Quality Standard (NAAQS) 
by the applicable attainment date of April 5, 2010. Therefore, EPA has 
met the requirement pursuant to CAA section 179(c) to determine, based 
on the area's air quality as of the attainment date, whether the area 
attained the standard. EPA also determined that the Pittsburgh-Beaver 
Valley PM2.5 nonattainment area is not subject to the 
consequences of failing to attain pursuant to section 179(d).

0
3. Section 52.2059 is amended by adding paragraph (g) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (g) Determination of Attainment. EPA has determined, as of October 
12, 2012, that based on 2008 to 2010 and 2009 to 2011 ambient air 
quality data, the Pittsburgh-Beaver Valley fine particle 
(PM2.5) nonattainment area has attained the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS). This 
determination, in accordance with 40 CFR 52.1004(c), suspends the 
requirements for the Pittsburgh-Beaver Valley PM2.5 
nonattainment area to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 1997 annual PM2.5 NAAQS.
[FR Doc. 2012-24782 Filed 10-11-12; 8:45 am]
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