[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Proposed Rules]
[Pages 50851-50853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23568]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0479; FRL-9968-42-Region 3]


Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine 
Particulate Matter Standard Determination of Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Lebanon County, Pennsylvania nonattainment area (the 
Lebanon County Area) has attained the 2012 annual fine particulate 
matter (PM2.5) national ambient air quality standards 
(NAAQS). This proposed determination of attainment, also known as a 
clean data determination, is based on quality assured and certified 
ambient air quality data for the 2014-2016 monitoring period. If 
finalized, the effect of this determination of attainment would be to 
suspend certain planning requirements for the area, including the 
requirement to submit an attainment demonstration and associated 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures. These requirements would 
be suspended for as long as the area continues to meet the 2012 annual 
PM2.5 NAAQS. However, this proposed action is not a 
redesignation to attainment for the area. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 4, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0479 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: Maria A. Pino, (215) 814-2181, 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). See 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 ([mu]g/m\3\) to 12.0 [mu]g/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 Lebanon 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 State Implementation Plans (SIPs) 
related to attainment for 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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    In EPA's Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements (81 FR 58010, August 
24, 2016), EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015. The 
rule states that, 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, RACM (including reasonably available control technology 
(RACT) for stationary sources), RFP, 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.  [thinsp]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.
    By letter dated May 17, 2017, Pennsylvania certified its 2016 
ambient air quality monitoring data. EPA issued final 2014-2016 design 
values on July 27, 2017. There is one PM2.5 monitor in the 
Lebanon County Area. Table 1 shows the Lebanon County Area design value 
for the 2012 annual PM2.5 NAAQS for the years 2014-2016 at 
the Lebanon County monitor.
    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the PM2.5 ambient air quality monitoring data 
for the 2014-2016

[[Page 50852]]

monitoring period for the Lebanon County Area, as recorded in EPA's Air 
Quality System (AQS) database. This data can be found at http://www.regulations.gov in the docket for this action, Docket ID No. EPA-
R03-OAR-2017-0479. As shown in Table 1, the data indicate a declining 
trend in PM2.5 levels, with annual means decreasing steadily 
from 2014 to 2016.
    As shown in Table 2, all but one quarter in 2014-2016 is complete, 
reporting data capture rates of at least 75%. The second quarter in 
2015 had a data capture rate of 70%. However, EPA can calculate a valid 
design value for a monitor that doesn't meet the 75% capture rate each 
quarter, as long as there is at least 50% data capture in each quarter. 
In that case, EPA can perform a data substitution test, known as the 
maximum quarter test, pursuant to 40 CFR part 50, appendix N, section 
4.1(c)(ii). EPA routinely performs this test for monitors with 
deficient quarters (i.e., those with less than 75% but at least 50% 
data capture). EPA first identifies the highest reported daily value 
for that quarter, looking at that same quarter for all three years used 
to calculate the design value. EPA substitutes the highest reported 
daily PM2.5 value for that quarter for all missing daily 
data in the deficient quarter to make that quarter 100% complete. Then, 
EPA calculates a test design value (TDV) for the three-year period. If 
that recalculated annual PM2.5 design value is less than or 
equal to the level of the standard, then the annual PM2.5 
design value passes the test and is valid, and the annual 
PM2.5 NAAQS is deemed to have been met in that 3-year 
period.
    In this case, the second quarter in 2015 was deficient. The monitor 
recorded 64 out of the 91 possible daily values in that quarter, which 
included April, May, and June of 2015. Therefore, EPA looked at data 
recorded at the Lebanon monitor in the second quarters of 2014, 2015, 
and 2016, and identified the highest daily value, which was 30.5 [mu]g/
m\3\. EPA substituted that value 27 times to account for the 27 missing 
daily values in 2017 and calculated a TDV of 11.7 [mu]g/m\3\ which is 
lower than the level of the 2012 PM2.5 NAAQS. Therefore, the 
Lebanon County monitor passed the maximum quarter test, and has a valid 
design value for the 2014-2016 monitoring period. The certified annual 
design value for 2014-2016 is 11.2 [mu]g/m\3\, which is below the 2012 
annual primary PM2.5 standard of 12 [mu]g/m\3\. Therefore, 
the Lebanon County Area has attained the 2012 annual PM2.5 
NAAQS in accordance with the requirements in 40 CFR part 50, Sec.  
[thinsp]50.18 and appendix N.

                                         Table 1--2014-2016 Annual PM2.5 Values for Lebanon County, Pennsylvania
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                                                Annual mean ([mu]g/m\3\)                              Complete quarters                     2014-2016
                                  ------------------------------------------------------------------------------------------------------    Certified
            Monitor ID                                                                                                                    annual design
                                         2014             2015             2016             2014             2015             2016        value ([mu]g/
                                                                                                                                              m\3\)
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420750100........................           12.73            11.15             9.72                4                3                4             11.2
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                                          Table 2--Data Capture Rates (%) and Creditable Samples by Quarter (Q)
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                                                             2014                                2015                                2016
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                                                 Q1       Q2       Q3       Q4       Q1       Q2       Q3       Q4       Q1       Q2       Q3       Q4
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Creditable Samples..........................       89       89       90       84       90       64       76       85       91       91       91       92
Capture Rate................................       99       98       98       91      100       70       83       92      100      100       99      100
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III. Proposed Action

    EPA is proposing to determine that the Lebanon 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 requirements 
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 
Lebanon County Area will remain designated nonattainment for the 2012 
annual PM2.5 NAAQS until such time as EPA determines that 
the 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 soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This rulemaking action proposes to make a determination of 
attainment of the 2012 PM2.5 NAAQS based on air quality and, 
if finalized, would not impose additional requirements. For that 
reason, this proposed 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

[[Page 50853]]

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 proposed rule to determine that the Lebanon 
County Area attained the 2012 PM2.5 NAAQS does not have 
tribal implications, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because this proposed determination of 
attainment does not apply in Indian country located in the states and 
because 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: October 19, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2017-23568 Filed 11-1-17; 8:45 am]
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