[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63881-63883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0769; FRL-9901-81-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determinations of Attainment of the 1997 Annual Fine 
Particulate Standards for the Liberty-Clairton Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two separate and independent determinations 
regarding the Liberty-Clairton, Pennsylvania 1997 annual fine 
particulate (PM2.5) nonattainment area (the Liberty-Clairton 
Area). First, EPA is determining that the Liberty-Clairton Area 
attained the 1997 PM2.5 annual national ambient air quality 
standards (NAAQS) by the applicable attainment date, December 31, 2011. 
This determination is based on quality assured and certified ambient 
air quality date for the 2009-2011 monitoring period. Second, EPA is 
determining that the Liberty-Clairton Area has continued to attain the 
1997 annual PM2.5 NAAQS, based on quality-assured and 
certified ambient air quality data for the 2010-2012 monitoring period. 
The latter ``clean data determination'' suspends the requirement for 
the Liberty-Clairton Area to submit an attainment demonstration, 
reasonably available control measures (RACM), reasonable further 
progress (RFP), and contingency measures related to attainment of the 
1997 annual PM2.5 NAAQS for so long as the area continues to 
attain the 1997 annual PM2.5 NAAQS. These determinations do 
not constitute a redesignation to attainment. The Liberty-Clairton Area 
will remain designated nonattainment for the 1997 annual 
PM2.5 NAAQS until such time as EPA determines that the 
Liberty-Clairton 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: This final rule is effective on November 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0769. 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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Liberty-Clairton Area is comprised of the boroughs of Lincoln, 
Glassport, Liberty, and Port Vue and the City of Clairton, all in 
Allegheny County, Pennsylvania. See 40 CFR 81.339. The Liberty-Clairton 
Area is surrounded by, but separate and distinct from, the Pittsburgh-
Beaver Valley PM2.5 nonattainment area.
    On July 23, 2013 (78 FR 44070), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. In the July 23, 
2013 rulemaking action, EPA proposed to determine that the Liberty-
Clairton Area attained the 1997 annual PM2.5 NAAQS by its 
attainment date, December 31, 2011. EPA also proposed to make a clean 
data determination, finding that the Liberty-Clairton Area has 
continued to attain the 1997 annual PM2.5 NAAQS. No comments 
were received on the July 23, 2013 NPR.

II. Summary of Rulemaking Actions

    These actions do not constitute a redesignation of the Liberty-
Clairton 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 Liberty-Clairton Area, 
nor determines that the Liberty-Clairton Area has met all the 
requirements for redesignation under the CAA, including that the 
attainment be due to permanent and enforceable measures. Therefore, the 
designation status of the Liberty-Clairton Area will remain 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA takes final rulemaking action to determine that the 
Liberty-Clairton Area meets the CAA requirements for redesignation to 
attainment.

A. Determination of Attainment by the Attainment Date

    Pursuant to section 188(b)(2) of the CAA, EPA is making a 
determination that the Liberty-Clairton Area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date, December 31, 
2011. This determination is based upon quality-assured and certified 
ambient air monitoring data for the 2009-2011 monitoring period that 
shows the area has monitored attainment of the 1997 PM2.5 
annual NAAQS as of its attainment date. The effect of this final 
determination of attainment by the Liberty-Clairton Area's attainment 
date is to discharge EPA's obligation under CAA section 181(b)(2) to 
determine, based on the Liberty-Clairton Area's air quality as of

[[Page 63882]]

the attainment date, whether the area attained the standard.

B. ``Clean Data'' Determination of Attainment

    EPA is also making a determination that the Liberty-Clairton Area 
continues to attain the 1997 annual PM2.5 NAAQS. This 
``clean data'' determination is based upon quality assured and 
certified ambient air monitoring data that show the area has monitored 
attainment of the 1997 annual PM2.5 NAAQS for the 2010-2012 
monitoring period. As a result of this determination, the requirement 
for the Liberty-Clairton Area to submit an attainment demonstration, 
RACM, RFP, and contingency measures related to attainment of the 1997 
annual PM2.5 NAAQS shall be suspended for so long as the 
area continues to attain that NAAQS.\1\
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    \1\ Even though the requirements are suspended, EPA is not 
precluded from acting upon these elements at any time if submitted 
to EPA for review and approval. On June 17, 2011, the Commonwealth 
of Pennsylvania submitted a SIP revision for the Liberty-Clairton 
Area to EPA for review and approval. On November 7, 2011 (76 FR 
68699), EPA proposed approval, with one condition, of Pennsylvania's 
SIP revision for the Liberty-Clairton Area.
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C. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the annual PM2.5 ambient air quality monitoring 
data for the 2009-2011 and 2010-2012 monitoring periods for the 
Liberty-Clairton Area, as recorded in EPA's Air Quality System (AQS) 
database. On the basis of that review, EPA has concluded that the 
Liberty-Clairton Area attained the 1997 annual PM2.5 NAAQS 
by its attainment date, based on data for the 2009-2011 monitoring 
period. EPA has also concluded that the Liberty-Clairton Area continues 
to attain, based on data for the 2010-2012 monitoring period.
    In the Technical Support Document (TSD) prepared for this action, 
EPA has evaluated the air quality data for the Liberty-Clairton Area. 
EPA's review of the data indicates that the Liberty-Clairton Area has 
met the 1997 annual PM2.5 NAAQS. For details, please refer 
to EPA's TSD, which can be viewed at http://www.regulations.gov, Docket 
ID No. EPA-R03-OAR-2012-0769.

III. Final Action

    EPA is making two separate and independent determinations regarding 
the Liberty-Clairton Area. First, pursuant to section 188(b)(2) of the 
CAA, EPA is making a determination that the Liberty-Clairton Area has 
attained the 1997 annual PM2.5 NAAQS by its attainment date, 
December 31, 2011. Second, EPA is making a determination that the 
Liberty-Clairton Area is attaining the 1997 annual PM2.5 
NAAQS, based on quality assured and certified ambient air monitoring 
data for the 2010-2012 monitoring period. This final determination 
suspends the requirements for the Liberty-Clairton Area to submit an 
attainment demonstration and associated RACM, RFP plan, contingency 
measures, and any other planning requirements related to attainment of 
the 1997 annual PM2.5 NAAQS for so long as the area 
continues to attain the 1997 annual PM2.5 NAAQS. These 
determinations do not constitute a redesignation to attainment. The 
Liberty-Clairton Area will remain designated nonattainment for the 1997 
annual PM2.5 NAAQS until such time as EPA determines that 
the Liberty-Clairton Area meets the CAA requirements for redesignation 
to attainment, including an approved maintenance plan. The rationale 
for EPA's action is explained in the NPR and will not be restated here. 
No public comments were received on the NPR.

IV. 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 rulemaking action 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 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 24, 2013. 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 rulemaking action, determining that the Liberty-Clairton 
Area has attained the 1997 annual PM2.5 NAAQS, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

[[Page 63883]]

List of Subjects in 40 CFR Part 52

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

    Dated: September 24, 2013.
 W.C. Early,
Acting 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 (j) to read as 
follows:


Sec.  52.2056  Determinations of attainment.

* * * * *
    (j) EPA has determined, based on quality-assured air monitoring 
data for 2009-2011, that the Liberty-Clairton, PA fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS) by the 
applicable attainment date of December 31, 2011. Therefore, EPA has met 
the requirement of CAA section 188(b)(2) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the 1997 annual PM2.5 NAAQS.

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


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (i) Determination of Attainment. EPA has determined, as of October 
25, 2013, based on quality-assured ambient air quality data for 2009 to 
2011 and 2010 to 2012 ambient air quality data, that the Liberty-
Clairton, PA nonattainment area has attained the 1997 annual fine 
particle (PM2.5) national ambient air quality standards 
(NAAQS). This determination suspends the requirements for this 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. If EPA determines, after notice-and-comment 
rulemaking, that this area no longer meets the 1997 annual 
PM2.5 NAAQS, the corresponding determination of attainment 
for that area shall be withdrawn.
[FR Doc. 2013-25040 Filed 10-24-13; 8:45 am]
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