[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73387-73391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29790]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0409; FRL-9759-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone 
Standard for the Pittsburgh-Beaver Valley Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make two separate and independent 
determinations regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone 
nonattainment area (the Pittsburgh Area). First, EPA is proposing to 
determine that the Pittsburgh Area attained the 1997 8-hour ozone 
national ambient air quality standard (NAAQS) by the applicable 
attainment date of June 15, 2010. This proposal is based upon complete, 
quality assured, and certified ambient air monitoring data for the 
2007-2009 monitoring period showing monitored attainment of the 1997 8-
hour ozone NAAQS. Second, EPA is proposing to determine that the 
Pittsburgh Area is attaining the 1997 8-hour ozone NAAQS, based on 
complete, quality assured, and certified ambient air monitoring data 
for the 2009-2011 monitoring period, and available preliminary data for 
2012. If finalized, this determination would suspend the requirement 
for the Pittsburgh Area to submit an attainment demonstration, 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures related to attainment of 
the 1997 8-hour ozone NAAQS for so long as the area continues to attain 
that NAAQS. These determinations do not constitute a redesignation to 
attainment. The Pittsburgh Area will remain designated nonattainment 
for the 1997 8-hour ozone NAAQS until such time as EPA determines that 
the Pittsburgh Area meets the Clean Air Act (CAA) requirements for 
redesignation to attainment, including an approved maintenance plan. 
These actions are being taken under the CAA.

DATES: Written comments must be received on or before January 9, 2013.

ADDRESSES: Submit your comments, identified by Docket ID EPA-R03-OAR-
2012-0409 by one of the following methods:

[[Page 73388]]

    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0409, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0409. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: The following outline is provided to aid in 
locating information in this action.

I. Background
II. Summary of Proposed Actions
III. EPA's Analysis of the Relevant Air Quality Data
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

A. The Pittsburgh Area

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. On 
April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Pittsburgh Area, which 
includes Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties in Pennsylvania. See 40 CFR 81.339.

B. Classification Under Subpart 2

    Under the implementation rule for the 1997 8-hour ozone NAAQS, EPA 
designated certain areas under title I, part D, subpart 1 of the CAA 
(subpart 1) if they had a 1-hour design value below 0.121 ppm. In June 
2004, EPA designated the Pittsburgh Area nonattainment under subpart 1 
for the 1997 8-hour ozone NAAQS. In June 2007, the United States Court 
of Appeals for the District of Columbia Circuit (DC Circuit Court) 
vacated the portion of the 1997 ozone implementation rule that allowed 
areas to be designated under subpart 1. On April 27, 2012, EPA 
finalized revisions to the 2004 rule that specified the first phase of 
requirements to meet the 1997 8-hour NAAQS (Phase 1 Implementation 
Rule). The revisions to the Phase 1 Implementation Rule are EPA's 
response to a December 22, 2006 decision by the DC Circuit Court in 
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 
2006) and were effective on June 13, 2012 (77 FR 28424). As a result of 
this action, the CAA classifications for 16 nonattainment areas, 
including the Pittsburgh Area, were revised for the 1997 8-hour ozone 
NAAQS. The areas were originally classified under the more general 
subpart 1 provisions of the CAA. Through this rulemaking, the areas 
were classified as marginal or moderate under the ozone-specific 
subpart 2 provisions of the CAA, depending on their design values at 
the time of the original designations in April 2004. The Pittsburgh 
Area was classified as moderate. Moderate areas are required to attain 
the 1997 8-hour ozone NAAQS by June 15, 2010.

C. Previous Determination of Attainment

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
section 51.918), if EPA issues a determination that an area is 
attaining the relevant standard (through a rulemaking that includes 
public notice and comment), it will suspend the area's obligations to 
submit an attainment demonstration, RACM, RFP, contingency measures, 
and other planning requirements related to attainment for as long as 
the area continues to attain. The determination of attainment, also 
known as a ``clean data'' determination, is not equivalent to a 
redesignation. The state must still meet the statutory requirements for 
redesignation in order to be redesignated to attainment.
    On May 31, 2011, EPA published a final determination that the 
Pittsburgh Area had attained the 1997 8-hour ozone NAAQS. (76 FR 
31237). That determination was based upon complete, quality assured, 
and certified ambient air monitoring data that show the Pittsburgh Area 
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 to 
2009 monitoring period. In accordance with EPA's applicable ozone 
implementation rule, that determination suspended the obligation of the 
Commonwealth of Pennsylvania to submit an attainment demonstration and 
associated RACM analysis, RFP plan, contingency measures, and other 
planning requirements related to attainment of the 1997 8-hour ozone 
NAAQS for the Pittsburgh Area required under subpart 1 of the CAA for 
as long as the Pittsburgh Area continues to meet the 1997 8-hour ozone 
NAAQS. That determination of attainment was not equivalent to a 
redesignation to attainment. The Commonwealth must still meet the 
statutory requirements for redesignation in order to be redesignated to 
attainment.
    In its May 31, 2011 final rulemaking action, EPA explained that 
when the Pittsburgh Area was reclassified under subpart 2, EPA would 
address in a separate rulemaking the consequences

[[Page 73389]]

of a determination of attainment for any requirements to which the 
Pittsburgh Area became subject as a result of its reclassification. If 
EPA subsequently determined in that rulemaking action that the 
Pittsburgh Area continued to be in attainment, then the obligation to 
submit the applicable attainment-related requirements for its new 
classification would be suspended in accordance with 40 CFR 51.918. (76 
FR 76929). As previously discussed, the Pittsburgh Area was 
reclassified under subpart 2, effective June 13, 2012. Therefore, 
today's proposed rulemaking addresses the Pittsburgh Area's obligations 
under its new moderate classification.

D. Requirement To Determine Attainment by the Attainment Date

    Under CAA section 181(b)(2), EPA is required to determine whether a 
nonattainment area attained the 1997 8-hour ozone NAAQS by its 
applicable attainment date, and to publish that determination in the 
Federal Register. If EPA determines that an area failed to attain the 
ozone NAAQS by its attainment date, the area is reclassified to a 
higher classification.

E. Ambient Air Quality Monitoring Data

    Complete, quality assured, certified 8-hour ozone air quality 
monitoring data for the 2007-2009, 2008-2010, and 2009-2011 monitoring 
periods for the Pittsburgh Area, as recorded in the EPA Air Quality 
System (AQS) database show that the Pittsburgh Area has attained the 
1997 8-hour ozone NAAQS. Preliminary data available to date for 2012 is 
consistent with continued attainment.

II. Summary of Proposed Actions

    These actions do not constitute a redesignation to attainment under 
section 107(d)(3) of the CAA. The designation status of the Pittsburgh 
Area will remain nonattainment for the 1997 8-hour ozone NAAQS until 
such time as EPA determines that the area meets the CAA requirements 
for redesignation to attainment, including an approved maintenance 
plan.

A. Determination of Attainment by the Attainment Date

    EPA is proposing to make a determination that the Pittsburgh Area 
attained the 1997 8-hour ozone NAAQS by its applicable attainment date 
of June 15, 2010. This determination is based upon complete, quality 
assured and certified ambient air monitoring data for the 2007-2009 
monitoring period, which is the last full three-year period prior to 
the June 15, 2010 attainment date. The 2007-2009 data show that the 
Pittsburgh Area monitored attainment of the 1997 8-hour ozone NAAQS. 
The effect of a final determination of attainment by the Pittsburgh 
Area's attainment date would be to discharge EPA's obligation under CAA 
section 181(b)(2) to determine, based on the Pittsburgh Area's air 
quality as of the attainment date, whether the area attained the 
standard by that date and to establish that the Pittsburgh Area will 
not be reclassified.

B. ``Clean Data'' Determination of Attainment

    EPA is also proposing to make a determination that the Pittsburgh 
Area has attained the 1997 8-hour ozone NAAQS. This determination is 
based upon complete, quality assured and certified ambient air 
monitoring data that show the Pittsburgh Area has monitored attainment 
of the 1997 8-hour ozone NAAQS for the 2009-2011 monitoring period. 
Preliminary data available for 2012 are consistent with continued 
attainment. Under the provisions of EPA's implementation rule for the 
1997 8-hour NAAQS (see 40 CFR 51.918), a final determination of 
attainment would suspend the CAA requirements for the Pittsburgh Area 
to submit an attainment demonstration and the associated RFP plan, 
contingency measures, RACM analysis, and any other planning 
requirements related to attainment of the 1997 8-hour ozone NAAQS 
required for moderate areas under subpart 2 of the CAA. This suspension 
would remain in effect until such time, if any, that EPA (i) 
redesignates the area to attainment at which time those requirements no 
longer apply, or (ii) subsequently determines, after notice-and-comment 
rulemaking, that the Pittsburgh Area has violated the 1997 8-hour ozone 
NAAQS. This final determination would be separate from, and would not 
influence or otherwise affect, any future designation or requirements 
for the Pittsburgh Area based on any new or revised ozone NAAQS. It 
remains in effect regardless of whether EPA designates the Pittsburgh 
Area as a nonattainment area for purposes of any new or revised ozone 
NAAQS.

III. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the 8-hour ozone ambient air quality monitoring data for 
the 2007-2009, 2008-2010, and 2009-2011 monitoring periods for the 
Pittsburgh Area, as recorded in the AQS database. On the basis of that 
review, EPA has concluded that the Pittsburgh Area attained the 1997 8-
hour ozone NAAQS by its attainment date, based on data for the 2007-
2009 monitoring period. EPA has also concluded that the Pittsburgh Area 
continues to attain, based on data for the 2008-2010 and 2009-2011 
monitoring periods. Preliminary 2012 data is consistent with continued 
attainment.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based 
on the rounding convention in 40 CFR part 50, appendix I). This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to 0.084 ppm at each monitoring site within the 
area, then the area is meeting the NAAQS.
    Also, the data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness as determined in 
accordance with appendix I of 40 CFR part 50.
    Tables 1, 2, and 3 below show the ozone design values for each 
monitor in the Pittsburgh Area for the years 2007-2009, 2008-2010, and 
2009-2011, respectively. All design values are below 0.084 ppm, and all 
monitors meet the data completeness requirements. Therefore, EPA finds 
that the Pittsburgh Area attained the 1997 8-hour ozone NAAQS, 
considering 2007-2009, 2008-2010, and 2009-2011 data.

                          Table 1--2007-2009 Pittsburgh Area 8-Hour Ozone Design Values
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                                                                           2007-2009 Average
                       County                             Monitor ID            % data         2007-2009 Design
                                                                             completeness         value (ppm)
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Allegheny...........................................           420030008                  99               0.077
                                                               420030010                  99               0.074

[[Page 73390]]

 
                                                               420030067                  98               0.073
                                                               420031005                  97               0.082
Armstrong...........................................           420050001                 100               0.077
Beaver..............................................           420070002                  97               0.073
                                                               420070005                  97               0.071
                                                               420070014                 100               0.073
Washington..........................................           421250005                  99               0.072
                                                               421250200                 100               0.068
                                                               421255001                  95               0.072
Westmoreland........................................           421290006                 100               0.071
                                                               421290008                  99               0.072
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                          Table 2--2008-2010 Pittsburgh Area 8-Hour Ozone Design Values
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                                                                           2008-2010 Average
                       County                             Monitor ID            % data         2008-2010 Design
                                                                             completeness         value (ppm)
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Allegheny...........................................           420030008                  98               0.076
                                                               420030010                  96               0.071
                                                               420030067                  99               0.074
                                                               420031005                  99               0.081
Armstrong...........................................           420050001                 100               0.076
Beaver..............................................           420070002                  97               0.071
                                                               420070005                  96               0.073
                                                               420070014                  95               0.071
Washington..........................................           421250005                  99               0.070
                                                               421250200                  99               0.068
                                                               421255001                  94               0.071
Westmoreland........................................           421290006                  99               0.068
                                                               421290008                  98               0.072
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                          Table 3--2009-2011 Pittsburgh Area 8-Hour Ozone Design Values
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                                                                           2009-2011 Average
                       County                             Monitor ID            % data         2009-2011 Design
                                                                             completeness         value (ppm)
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Allegheny...........................................           420030008                  98               0.074
                                                               420030010                  95               0.071
                                                               420030067                  99               0.075
                                                               420031005                  99               0.080
Armstrong...........................................           420050001                 100               0.073
Beaver..............................................           420070002                  97               0.069
                                                               420070005                  98               0.072
                                                               420070014                  94               0.071
Washington..........................................           421250005                  99               0.069
                                                               421250200                  99               0.068
                                                               421255001                  96               0.069
Westmoreland........................................           421290006                  99               0.068
                                                               421290008                  98               0.069
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    In the Technical Support Document (TSD) prepared for this action, 
EPA has evaluated the air quality data for the Pittsburgh Area. EPA's 
review of the data indicates that the Pittsburgh Area has met the 1997 
8-hour ozone NAAQS. For details, please refer to EPA's TSD, which can 
be viewed at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-
2012-0409.

IV. Proposed Actions

    EPA is proposing to make two determinations regarding the 
Pittsburgh Area. First, pursuant to section 181(b)(2)(A) of the CAA, 
EPA is proposing to determine that the Pittsburgh Area attained the 
1997 8-hour ozone NAAQS by its applicable attainment date, June 15, 
2010. This proposed determination is based upon complete, quality 
assured, and certified ambient air monitoring data for the 2007-2009 
monitoring period. The effect of a final determination would be that: 
(i) EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to 
determine, based on the area's air quality as of the attainment date, 
whether the area attained the standard; and (ii) the Pittsburgh Area 
would not be reclassified for failure to attain by its applicable 
attainment date. Second, EPA is proposing to make a determination that 
the Pittsburgh Area has attained the 1997 8-hour ozone NAAQS. This 
proposed ``clean data''

[[Page 73391]]

determination is based upon complete, quality assured, and certified 
ambient air monitoring data that show the area has monitored attainment 
of the 1997 8-hour ozone NAAQS for the 2009-2011 monitoring period. 
Available preliminary 2012 data is consistent with continued 
attainment. Pursuant to 40 CFR 51.918, if this clean data determination 
is finalized, it would suspend the requirements for the Pittsburgh Area 
to submit an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and any other planning requirements related to 
attainment of the 1997 8-hour ozone NAAQS for so long as the area 
continues to attain the 1997 8-hour ozone NAAQS.
    Finalizing both of these determinations or either of them would not 
constitute a redesignation of the Pittsburgh Area to attainment for the 
1997 8-hour ozone NAAQS under CAA section 107(d)(3). Neither 
determination of attainment involves approving a maintenance plan for 
the Pittsburgh Area, nor determines that the Pittsburgh Area has met 
all the requirements for redesignation under the CAA, including that 
the attainment be due to permanent and enforceable measures.\1\ 
Therefore, the designation status of the Pittsburgh Area will remain 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
takes final rulemaking action to determine that the Pittsburgh Area 
meets the CAA requirements for redesignation to attainment. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before EPA takes final action.
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    \1\ The monitoring data from the 2007-2009, 2008-2010, and 2009-
2011 monitoring periods that is 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 this action addresses only whether the 
monitoring data shows attainment, EPA need not address at this time 
whether such attainment was due to the remanded CAIR.
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V. Statutory and Executive Order Reviews

    This action proposes to make determinations based on air quality, 
and would, if finalized, result in the suspension of certain federal 
requirements, and/or would not impose additional requirements beyond 
those imposed by state law. For that reason, these proposed actions:
     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, these proposed determinations that the Pittsburgh Area 
attained the 1997 8-hour ozone NAAQS do not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the determinations do not 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements.

    Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-29790 Filed 12-7-12; 8:45 am]
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