[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89868-89870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0455; FRL-9956-41-Region 3]


Determination of Attainment of the 2012 Annual Fine Particulate 
Matter Standard; Pennsylvania; Delaware County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a final 
determination that the Delaware County, Pennsylvania moderate 
nonattainment area (the Delaware County Area) has attained the 2012 
annual fine particulate matter (PM2.5) national ambient air 
quality standard (NAAQS). This determination of attainment, also known 
as a clean data determination, is based upon quality assured, 
certified, and complete ambient air quality monitoring data showing 
that this area has monitored attainment of the 2012 annual 
PM2.5 NAAQS based on the 2013-2015 data available in EPA's 
Air Quality System (AQS) database. As a result of this determination, 
the requirements for the Delaware County Area to submit an attainment 
demonstration, associated reasonably available control measures (RACM), 
a reasonable further progress (RFP) plan, contingency measures, and 
other planning state implementation plan (SIP) revisions related to 
attainment of the standard shall be suspended for so long as the area 
continues to meet the 2012 annual PM2.5 NAAQS. This action 
is being taken under the Clean Air Act (CAA).

DATES: This rule is effective on February 13, 2017 without further 
notice, unless EPA receives adverse written comment by January 12, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0455 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (the 2012 PM2.5 NAAQS). 78 FR 
3086 (January 15, 2013). In that action, EPA strengthened the primary 
annual PM2.5 standard, lowering the level from 15.0 
micrograms per cubic meter (mg/m\3\) to 12.0 mg/m\3\. The 2012 
PM2.5 NAAQS is attained when the 3-year average of the 
annual arithmetic means does not exceed 12.0 mg/m\3\. See 40 CFR 50.18. 
On December 18, 2014 (80 FR 2206), EPA made designation determinations, 
as required by CAA section 107(d)(1), for the 2012 PM2.5 
NAAQS. In that action, EPA designated the Delaware County Area as 
moderate nonattainment for the 2012 annual PM2.5 NAAQS. See 
40 CFR 81.339.
    Under EPA's longstanding Clean Data Policy,\1\ which was codified 
in EPA's Clean Air Fine Particulate Implementation Rule (72 FR 20586, 
April 25, 2007), EPA may issue a determination of attainment after 
notice and comment rulemaking determining that a specific area is 
attaining the relevant standard. See 40 CFR 51.1004. The effect of a 
clean data determination is to suspend the requirement for the area to 
submit an attainment demonstration, RACM, RFP plan, contingency 
measures, and any other planning SIPs related to attainment for

[[Page 89869]]

as long as the area continues to attain the standard.
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    \1\ ``Clean Data Policy for the Fine Particle National Ambient 
Air Quality Standards,'' Memorandum from Stephen D. Page, December 
14, 2004.
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    EPA issued the Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements on July 29, 2016 
(effective October 24, 2016). 81 FR 58010 (August 24, 2016). In that 
rule, EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015, as 
follows:

    Upon a determination by EPA that a moderate PM2.5 
nonattainment area has attained the PM2.5 NAAQS, the 
requirements for the state to submit an attainment demonstration, 
provisions demonstrating that reasonably available control measures 
(including reasonably available control technology for stationary 
sources) shall be implemented no later than 4 years following the 
date of designation of the area, reasonable further progress plan, 
quantitative milestones and quantitative milestone reports, and 
contingency measures for the area shall be suspended until such time 
as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or, (2) EPA determines that 
the area has re-violated the PM2.5 NAAQS, at which time 
the state shall submit such attainment plan elements for the 
moderate nonattainment area by a future date to be determined by EPA 
and announced through publication in the Federal Register at the 
time EPA determines the area is violating the PM2.5 
NAAQS. See 40 CFR 51.1015.

II. EPA's Evaluation

    Under EPA regulations at 40 CFR part 50, Sec.  50.18 and appendix 
N, the annual primary PM2.5 standard is met when the 3-year 
average of PM2.5 annual mean mass concentrations for each 
eligible monitoring site is less than or equal to 12 [mu]g/m\3\. Three 
years of valid annual means are required to produce a valid annual 
PM2.5 NAAQS design value. A year meets data completeness 
requirements when quarterly data capture rates for all four quarters 
are at least 75 percent from eligible monitoring sites. See 40 CFR part 
50, appendix N. There is one PM2.5 monitor in the Delaware 
County Area. Table 1 shows the Delaware County Area design value for 
the 2012 annual PM2.5 NAAQS for the years 2013-2015 at the 
Delaware County monitor.

                                        Table 1--2013-2015 Annual PM2.5 Values for Delaware County, Pennsylvania
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                                              Weighted mean  ([mu]g/m \3\)                            Complete quarters                     Certified
                                  ------------------------------------------------------------------------------------------------------  annual design
            Monitor ID                                                                                                                     value  2013-
                                         2013             2014             2015             2013             2014             2015        2015  ([mu]g/m
                                                                                                                                               \3\)
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420450002........................            11.5             12.6             10.7                4                4                4             11.6
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    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the PM2.5 ambient air quality monitoring data 
for the monitoring period from 2013 through 2015 for the Delaware 
County Area, as recorded in the AQS database. As shown from Table 1, 
each quarter in 2013-2015 is complete with all four quarters reporting 
data capture rates of at least 75 percent from the only monitor. 
Additionally, the certified annual design value for 2013-2015 is 11.6 
[mu]g/m\3\, which is below the 2012 annual primary PM2.5 
standard of 12 [mu]g/m\3\. Therefore, the Delaware County Area has 
attained the 2012 annual PM2.5 NAAQS in accordance with the 
requirements in 40 CFR part 50, Sec.  50.18 and appendix N.

III. Final Action

    EPA is determining that the Delaware County Area has attained the 
2012 annual PM2.5 NAAQS. As provided in 40 CFR 51.1015, 
finalization of this determination, suspends the requirements for this 
area to submit an attainment demonstration, associated RACM, RFP plan, 
contingency measures, and any other planning SIP revisions related to 
the attainment of the 2012 PM2.5 NAAQS, so long as this area 
continues to meet the standard. This determination of attainment does 
not constitute a redesignation to attainment. The Delaware County Area 
will remain designated nonattainment for the 2012 annual 
PM2.5 NAAQS until such time as EPA determines that the 
Delaware County Area meets the CAA requirements for redesignation to 
attainment, including an approved maintenance plan, pursuant to 
sections 107 and 175A of the CAA.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of this Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the determination of attainment if adverse comments 
are filed. This rule will be effective on February 13, 2017 without 
further notice unless EPA receives adverse comment by January 12, 2017. 
If EPA receives adverse comment, EPA will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect. EPA will address all public comments in a subsequent final 
rule based on the proposed rule. EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This rulemaking action makes a determination of attainment of the 
2012 PM2.5 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 (Public Law 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

[[Page 89870]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

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).
    In addition, this rulemaking determining that the Delaware County 
Area has attained the 2012 annual PM2.5 NAAQS 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.

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 13, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This determination of attainment of the 2012 annual 
PM2.5 NAAQS for the Delaware County nonattainment area 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.

    Dated: November 22, 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.  52.2059, add paragraph (u) to read as follows:


Sec.  52.2059   Control strategy: Particulate matter.

* * * * *
    (u) Determination of attainment. EPA has determined based on 2013 
to 2015 ambient air quality monitoring data, that the Delaware County, 
Pennsylvania moderate nonattainment area has attained the 2012 annual 
fine particulate matter (PM2.5) primary national ambient air 
quality standard (NAAQS). This determination, in accordance with 40 CFR 
51.1015, 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 state implementation plan revisions related to 
attainment of the standard for as long as this area continues to meet 
the 2012 annual PM2.5 NAAQS.
[FR Doc. 2016-29751 Filed 12-12-16; 8:45 am]
 BILLING CODE 6560-50-P