[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39696-39698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0175; FRL-9930-23-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine 
Particulate Standard for the Liberty-Clairton Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
determination of attainment regarding the Liberty-Clairton, 
Pennsylvania 2006 24-hour fine particulate matter (PM2.5) 
nonattainment area (hereafter ``Liberty-Clairton Area'' or ``the 
Area''). EPA is determining that the Liberty-Clairton Area has attained 
the 2006 24-hour PM2.5 National Ambient Air Quality Standard 
(NAAQS), based upon quality-assured, quality-controlled and certified 
ambient air monitoring data for the calendar years 2012-2014. EPA's 
final ``clean data determination'' will suspend the requirements to 
submit for the Liberty-Clairton Area an attainment demonstration, 
reasonably available control measures (RACM), reasonable further 
progress (RFP), and contingency measures related to attainment of the 
2006 24-hour PM2.5 NAAQS, for so long as the Area continues 
to attain the 2006 24-hour PM2.5 NAAQS. This final 
determination will not constitute a redesignation to attainment. This 
final action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on August 10, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0175. 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].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688), which became effective on 
December 14, 2009. In that action, EPA designated the Liberty-Clairton 
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. The 
Liberty-Clairton Area is comprised of the following portion of 
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port 
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The 
Liberty-Clairton Area is surrounded by, but separate and distinct from, 
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
    A nonattainment designation under the CAA triggers additional 
planning requirements for states to show attainment of the NAAQS in the 
nonattainment areas by a statutory attainment date, as specified in the 
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5 
NAAQS based on the general implementation provisions of subpart 1 of 
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in 
Natural Resources Defense Council v. EPA (NRDC v. EPA), the D.C. 
Circuit determined that EPA should be implementing its PM2.5 
pollution standard under additional CAA requirements than those EPA had 
been following in subpart 1 and remanded to EPA the ``Final Clean Air 
Fine Particle Implementation Rule'' (1997 PM2.5 
Implementation Rule) (72 FR 20586, April 25, 2007) and the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008 
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The D.C. 
Circuit found that the EPA erred in implementing the 1997 
PM2.5 NAAQS solely pursuant to subpart 1, without 
consideration of the particulate matter specific provisions of subpart 
4 of Part D of Title I of the CAA (subpart 4).
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    \1\ EPA's 2008 NSR PM2.5 Rule relates to requirements 
for the NSR permitting program required by parts C and D of title I 
of the CAA. The details and provisions of the 2008 NSR 
PM2.5 Rule are not relevant to this proposed rulemaking.
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    On April 25, 2014, EPA finalized a rule identifying the 
classification of all PM2.5 areas currently designated

[[Page 39697]]

nonattainment for the 1997 and 2006 PM2.5 NAAQS as 
``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR 31566 
(June 2, 2014). Consequently, the Liberty-Clairton Area was classified 
as Moderate for the 2006 24-hour PM2.5 NAAQS.
    Under EPA's longstanding Clean Data Policy interpretation, a 
determination that a nonattainment area has attained the NAAQS suspends 
the state's obligation to submit an attainment demonstration, RFP, 
RACM, and contingency measures as required by the CAA for so long as 
the area continues to attain the standard. Since the purpose of these 
provisions is to help reach attainment, a goal which has already been 
achieved, EPA interprets that these requirements should no longer be 
applicable. Although the D.C. Circuit remanded the 1997 
PM2.5 Implementation Rule to EPA, the DC Circuit's decision 
in NRDC v. EPA related to EPA's use of subpart 1 for CAA Part D 
requirements instead of subpart 1 and subpart 4, and the decision did 
not cast doubt on EPA's interpretation of certain statutory provisions 
underlying the Clean Data Policy nor cast any doubt on EPA's Clean Data 
Policy interpretation in the 1997 PM2.5 Implementation Rule. 
See NRDC v. EPA, 706 F.3d 428.
    On April 23, 2015 (78 FR 22666), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania proposing to 
determine that the Liberty-Clairton Area has attained the 2006 24-hour 
PM2.5 NAAQS. As part of the NPR, EPA addressed the effect of 
a final determination of attainment under the Clean Data Policy for the 
Liberty-Clairton Area, as a Moderate nonattainment area under subpart 
4. The rationale for EPA's action is explained in the NPR and will not 
be restated here. No comments were received on the NPR.

II. Summary of EPA's Evaluation of the Liberty-Clairton 
PM2.5 Air Quality Data

    This final ``clean data determination'' for the Liberty-Clairton 
Area is based on the quality-controlled, quality assured, certified 
PM2.5 air quality data for 2012-2014. There are two 
PM2.5 monitors in the Liberty-Clairton Area--one in Liberty 
Borough and one in the City of Clairton. The design values for the two 
monitors in the Liberty-Clairton Area for the 2012-2014 monitoring 
period were 35 [mu]g/m\3\ or less. Therefore, EPA determines that the 
Liberty-Clairton Area has attained the 2006 24-hour PM2.5 
NAAQS during the 2012-2014 monitoring period, in accordance with 40 CFR 
part 50. Additional information on air quality data for the Liberty-
Clairton Area can be found in the NPR and technical support document 
(TSD) prepared for the proposed action.

III. Final Actions

    EPA determines that the Liberty-Clairton Area is currently 
attaining the 2006 24-hour PM2.5 NAAQS, based on the most 
recent three years of complete quality-assured, and certified data for 
2012-2014 which meets the requirements of 40 CFR part 50, appendix N. 
In accordance with our Clean Data Policy, as a result of this final 
determination of attainment, EPA also determines that the obligation to 
submit the following attainment-related planning requirements for the 
Liberty-Clairton Area are not applicable for so long as the Area 
continues to monitor attainment for the 2006 24-hour PM2.5 
NAAQS: Subpart 4 obligations to provide an attainment demonstration 
pursuant to section 189(a)(1)(B), the RACM provisions of section 
189(a)(1)(C), the RFP provisions of section 189(c), and related 
attainment demonstration, RACM, RFP, and contingency measure provisions 
requirements of subpart 1, section 172. If at any time after the 
effective date of this final rulemaking notice, EPA determines that the 
Liberty-Clairton Area again violates the 2006 24-hour PM2.5 
NAAQS, the basis for suspending these requirements would no longer 
exist. This final rulemaking action does not constitute a redesignation 
to attainment under CAA section 107(d)(3). In addition, this 
determination does not relieve Pennsylvania from the requirement to 
submit for the Liberty-Clairton Area an emissions inventory as required 
by CAA section 172(c)(3) or to have a nonattainment area permitting 
program pursuant to CAA sections 172(c)(5) and 173.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose 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 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

[[Page 39698]]

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 September 8, 2015. 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, determining that the Liberty-Clairton Area has 
attained the 2006 24-hour PM2.5 NAAQS, 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: June 25, 2015.
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 52.2059 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (q) Determination of attainment. EPA has determined, as of July 10, 
2015, based on quality-assured ambient air quality data for 2012 to 
2014, that the Liberty-Clairton, PA nonattainment area has attained the 
2006 24-hour 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 2006 24-hour PM2.5 NAAQS. If EPA determines, after 
notice-and-comment rulemaking, that this area no longer meets the 2006 
24-hour PM2.5 NAAQS, the corresponding determination of 
attainment for that area shall be withdrawn.
[FR Doc. 2015-16813 Filed 7-9-15; 8:45 am]
 BILLING CODE 6560-50-P