[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87819-87820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29118]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0368; FRL-9955-91-Region 3]


Determination of Attainment by the Attainment Date for the 2008 
Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-
Beaver Valley

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a final 
determination that the Pittsburgh-Beaver Valley, Pennsylvania marginal 
ozone nonattainment area (the Pittsburgh Area) has attained the 2008 8-
hour ozone national ambient air quality standards (the 2008 ozone 
NAAQS) by the July 20, 2016 attainment date. This determination is 
based on complete, certified, and quality assured ambient air quality 
monitoring data for the Pittsburgh Area for the 2013-2015 monitoring 
period. This determination does not constitute a redesignation to 
attainment. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 5, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0368. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 25, 2016 (81 FR 58435), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed to determine, in accordance with its statutory 
obligations under section 181(b)(2)(A) of the CAA and the provisions of 
the SIP Requirements Rule (40 CFR 51.1103), that the Pittsburgh Area 
attained the 2008 ozone NAAQS by the applicable attainment date of July 
20, 2016.

II. EPA's Evaluation

    Consistent with the requirements contained in 40 CFR part 50, EPA 
reviewed the ozone ambient air quality monitoring data for the 
monitoring period from 2013 through 2015 for the Pittsburgh Area, as 
recorded in the AQS database. State and local agencies responsible for 
ozone air monitoring networks supplied and quality assured the data. 
EPA determined that the monitoring sites with valid data had design 
values equal to or less than 0.075 ppm based on the 2013-2015 
monitoring period. Therefore, the Pittsburgh Area attained the 2008 
ozone NAAQS.
    Other specific requirements of this determination of attainment by 
the attainment date and the rationale for EPA's action are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is making a final determination, in accordance with its 
statutory

[[Page 87820]]

obligations under section 181(b)(2)(A) of the CAA and the provisions of 
the SIP Requirements Rule (40 CFR 51.1103), that the Pittsburgh Area 
attained the 2008 ozone NAAQS by the applicable attainment date of July 
20, 2016. This determination of attainment does not constitute a 
redesignation to attainment. Redesignations require states to meet a 
number of additional criteria, including EPA approval of a state plan 
to maintain the air quality standard for 10 years after redesignation.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This rulemaking action finalizes a determination of attainment on 
the 2008 ozone NAAQS based on air quality and does not impose 
additional requirements. For that reason, this determination of 
attainment:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 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 February 6, 2017. 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 Pittsburgh Area attained the 2008 
ozone NAAQS by its July 20, 2016 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, Ozone, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: November 4, 2016.
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. In Sec.  52.2056, paragraph (n) is added to read as follows:


Sec.  52.2056   Determinations of attainment.

* * * * *
    (n) EPA has determined based on 2013 to 2015 ambient air quality 
monitoring data, that the Pittsburgh-Beaver Valley, Pennsylvania 
marginal ozone nonattainment area has attained the 2008 8-hour ozone 
national ambient air quality standard (NAAQS) by the applicable 
attainment date of July 20, 2016. Therefore, 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 2008 8-hour ozone NAAQS. EPA also determined that the 
Pittsburgh-Beaver Valley, Pennsylvania marginal nonattainment area will 
not be reclassified for failure to attain by its applicable attainment 
date pursuant to section 181(b)(2)(A).

[FR Doc. 2016-29118 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P