[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Pages 9435-9438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04424]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0479; FRL-9975-00--Region 3]


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

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 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 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. The effect of this 
determination of attainment suspends 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. This action 
is not a redesignation to attainment for the area. This action is being 
taken under the Clean Air Act (CAA).

DATES: This final rule is effective on April 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0479. All documents in the docket are listed on 
the http://www.regulations.gov website. 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 November 2, 2017 (82 FR 50851), EPA published a notice of 
proposed rulemaking (NPR) for the Lebanon County Area. In the NPR, EPA 
proposed to determine that the Lebanon County Area attained the 2012 
annual PM2.5 NAAQS.
    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. In EPA's Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements final rule (81 FR 
58010, August 24, 2016), EPA reaffirmed the Clean Data Policy at 40 CFR 
51.1015.
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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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II. EPA's Evaluation

    Under EPA regulations at 40 CFR part 50, section 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 12.0 micrograms per 
cubic meter ([mu]g/m\3\). Three years of valid annual means are 
required to produce a valid annual PM2.5 NAAQS design value.
    Consistent with the requirements of 40 CFR part 50, section 50.18 
and appendix N, EPA determined the Lebanon County Area has attained the 
2012 annual PM2.5 NAAQS. 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 12.0 [mu]g/m\3\.
    The specific requirements of this determination of attainment and 
the rationale for EPA's proposed action, including how the annual 
design value for 2014-2016 was calculated, are explained in the NPR and 
will not be restated here. EPA received comments that are addressed in 
Section III of this rulemaking action.

III. Public Comments and EPA's Responses

    EPA received adverse comments from one commenter, the Clean Air 
Council (hereinafter referred to as the ``Commenter''). The Commenter 
expressed concern about EPA's calculations performed for this 
determination of attainment. The Commenter states, ``EPA should perform 
its calculations again and provide explanations for its conclusions, 
which were not substantiated by the background documents in the 
rulemaking docket.'' EPA provided its explanations and support for the 
determination of attainment in the NPR and explained 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 12.0 [mu]g/m\3\. 
The Commenter's specific concerns are summarized and addressed in this 
section.
    Comment 1: For the 2015 annual mean, the Commenter confirmed the 
annual mean calculation from EPA but had comments regarding data from 
the second quarter of 2015. The Commenter noted there was only 
monitored data for 64 of the 91 days in the quarter which led EPA to 
conduct a ``data completeness test.'' The Commenter states that ``EPA 
substituted 30.5 micrograms per cubic meter for each of the 27 days of 
missing data, based on the premise that this figure was the highest 
daily average in the second quarters of 2014, 2015, and 2016'' and 
stated that this figure was the daily average for June 11, 2015, during 
the second quarter of 2015. The Commenter states that EPA does not 
acknowledge that there was actually a higher daily value of 34 [mu]g/
m\3\ on May 11, 2016, during the second quarter of 2016 based on data 
Commenter obtained from an EPA website.\2\ The Commenter states that it 
is possible that EPA excluded this figure under the rationale that 
there was an ``extraordinary event.'' The Commenter also notes there 
was additional monitored data available related to Parameter Occurrence 
Code 3 (POC 3) from the EPA website for the second quarter of 2015 
which EPA did not consider in supporting the determination of 
attainment. The Commenter notes the design value

[[Page 9436]]

would still be lower than the NAAQS but notes EPA should provide a 
legal and technical explanation and should perform the calculations 
again based on the correct data.
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    \2\ https://www.epa.gov/outdoor-air-quality-data/download-daily-data.
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    Response 1: In accordance with 40 CFR part 50, appendix N, section 
3.0(d)(1), the Pennsylvania Department of Environmental Protection 
(PADEP) installed a PM2.5 monitor with federal reference 
method (FRM) code 145, parameter occurrence code 1 (POC 1) at the 
Lebanon County site (Site ID 42-075-0100) and designated this monitor 
as the primary monitor in January 2016.\3\ PADEP also has a collocated 
monitor with federal equivalent method (FEM) code 170, parameter 
occurrence code 3 (POC 3). 40 CFR part 50, appendix N, section 
3.0(d)(1), states: ``The default dataset for PM2.5 mass 
concentrations for a site shall consist of the measured concentrations 
recorded from the designated primary monitor(s). All daily values 
produced by the primary monitor are considered part of the site record; 
this includes all creditable samples and all extra samples.'' 
Additionally 40 CFR part 58, appendix A, section 3.2.3 states: ``For 
each pair of collocated monitors, designate one sampler as the primary 
monitor whose concentrations will be used to report air quality for the 
site, and designate the other as the quality control monitor. There can 
be only one primary monitor at a monitoring site for a given time 
period.'' As previously mentioned on January 1, 2016, PADEP designated 
POC 1 as the primary monitor. Therefore, after January 1, 2016, on days 
where the primary monitor POC 1 produces a daily value, it is 
considered part of the site record and not the data from collocated 
monitor POC 3.
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    \3\ See Docket ID EPA-R03-OAR-2017-0479-0016. Page 2 of the 
``Air Quality System (AQS) Monitor Description Report,'' notes POC 
1's official start date as January 1, 2016. Therefore, EPA will be 
referencing the January 1, 2016 date. PADEP's 2016 Annual Ambient 
Air Monitoring Network Plan notes the start date as January 7, 2016.
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    Additionally, 40 CFR part 50, appendix N, section 3.0(d)(2), states 
that, ``Data for the primary monitors shall be augmented as much as 
possible with data from collocated monitors. If a valid daily value is 
not produced by the primary monitor for a particular day (scheduled or 
otherwise), but a value is available from a collocated monitor, then 
that collocated value shall be considered part of the combined site 
data record (emphasis added). If more than one collocated daily value 
is available, the average of those valid collocated values shall be 
used as the daily value. The data record resulting from this procedure 
is referred to as the `combined site data record.' ''
    Pursuant to 40 CFR part 50, appendix N, section 3.0(d)(2), the data 
from collocated monitor POC 3 is only considered as part of the 
combined site data record (to be used in determining design value for 
the 2012 annual PM2.5 NAAQS) when there is no valid daily 
value from the primary monitor POC 1. For the data substitution test 
\4\ performed by EPA in the second quarter of 2015 due to missing data 
values, EPA used the highest daily site record for the second quarter 
substitution value. 40 CFR part 50, appendix N, section 1(c) defines 
the value used for the maximum data substitution test and provides 
``[t]he maximum quarterly value data substitution test substitutes 
actual `high' reported daily PM2.5 values from the same site 
(specifically, the highest reported non-excluded quarterly value(s) 
(year non-specific) contained in the combined site record for the 
evaluated 3-year period) for missing daily values.'' The daily site 
record included data from POC 1 and POC 3 depending on which monitor 
was primary and which monitor had valid data between April 1 and June 
30 in 2014, 2015, and 2016, i.e. the second quarters of 2014, 2015, and 
2016. EPA determined that the highest daily site record for the second 
quarter substitution value was 30.5 [mu]g/m\3\ recorded on June 11, 
2015 from POC 1. The higher daily value of 34 [mu]g/m\3\ was recorded 
on May 11, 2016 by the collocated monitor, POC 3. However, because POC 
1 produced a valid daily value of 29.1 [mu]g/m\3\ on this same day, May 
11, 2016, the data value from POC 3 was not used in the data 
substitution test as the highest daily site record and therefore the 
daily value of 30.5 [mu]g/m\3\ recorded on June 11, 2015 was the 
highest daily site record for the second quarter between 2014-2016. 
EPA's use of 30.5 [mu]g/m\3\ in the data substitution test for 2015 was 
therefore correct and in accordance with 40 CFR part 50 appendix N, and 
no calculations need to be redone for the 2015 annual mean. EPA notes 
that we did not exclude this data (the 34 [mu]g/m\3\ recorded on May 
11, 2016 by the collocated monitor, POC 3) in our data substitution 
analysis due to any ``exceptional event,'' as we did not use this data 
because data from the primary monitor POC 1 was available on that same 
day. See 40 CFR part 50, appendix N, section 3.0(d)(2).
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    \4\ EPA notes that ``data substitution test'' is defined in 40 
CFR part 50, appendix N as ``diagnostic evaluations performed on an 
annual PM2.5 NAAQS design value (DV) or a 24-hour 
PM2.5 NAAQS DV to determine if those metrics, which are 
judged to be based on incomplete data in accordance with 4.1(b) or 
4.2(b) of this appendix shall nevertheless be deemed valid for NAAQS 
comparisons, or alternatively, shall still be considered incomplete 
and not valid for NAAQS comparisons. There are two data substitution 
tests, the `minimum quarterly value' test and the `maximum quarterly 
value' test. Design values (DVs) are the 3-year average NAAQS 
metrics that are compared to the NAAQS levels to determine when a 
monitoring site meets or does not meet the NAAQS, calculated as 
shown in section 4.'' In the NPR, EPA discussed its application of 
the data substitution test using the maximum quarterly value test. 
Appendix N provides that the ``maximum quarterly value data 
substitution test'' substitutes actual ``high'' reported daily 
PM2.5 values from the same site (specifically, the 
highest reported non-excluded quarterly value(s) (year non-specific) 
contained in the combined site record for the evaluated 3-year 
period) for missing daily values.
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    Comment 2: For the 2016 annual mean, the Commenter states that it 
is unclear which monitor is intended to be the primary monitor. The 
Commenter claims that the 2016 annual mean should be 12.22 [mu]g/m\3\ 
instead of EPA's calculated mean of 9.72 [mu]g/m\3\ and states it was 
unclear how EPA calculated its annual mean for 2016. Therefore, based 
on the Commenter's calculations, the annual design value for 2014-2016 
should be 12.03 [mu]g/m\3\ using the higher annual mean for 2016 
calculated by the Commenter. The Commenter claims the difference is 
material because the analysis leads to a determination that Lebanon 
County is still not attaining the standard of 12.0 [mu]g/m\3\. 
Additionally, the Commenter requests that if EPA ``has relied primarily 
on data from POC 1, to the exclusion of data from POC 3, it should 
provide an explanation of the legal and technical authority for doing 
so.'' The Commenter notes data from POC 1 was generally lower than data 
from POC 3 when both monitors were operating on the same dates.
    Response 2: As discussed in Response 1, POC 1 became the designated 
primary monitor as of January 2016. See 40 CFR part 50, appendix N, 
section 3.0(d)(1) and (2) and Docket ID EPA-R03-OAR-2017-0479-0016. 
When calculating the 2016 annual mean, EPA used the data from primary 
monitor POC 1 and substituted any missing days from the primary monitor 
with data from collocated monitor POC 3. Id. This resulted in 2016 
quarterly means of 12.18, 8.70, 8.62, 9.37 [mu]g/m\3\ and an annual 
mean of 9.72 [mu]g/m\3\, and not 12.22 [mu]g/m\3\, which Commenter 
calculated by inappropriately combining data from POC 1 and POC 3. POC 
1 is the primary monitor and thus the primary source of data for 
determining the mean unless data is missing. Id. Thus, EPA correctly 
calculated the 2016 annual mean and the 2014-16 design value as 
explained in the NPR. While EPA disagrees with

[[Page 9437]]

the Commenter's analysis as stated above, EPA notes that the 
Commenter's calculated design value of 12.03 [mu]g/m\3\ (even if 
correct) would still demonstrate an attaining design value for the 2012 
annual PM2.5 NAAQS. 40 CFR part 50, appendix N, section 
4.3(a) states, ``[a]nnual PM2.5 NAAQS DVs (design values) 
shall be rounded to the nearest tenth of a [micro]g/m\3\ (decimals x.x5 
and greater are rounded up to the next tenth, and any decimal lower 
than x.x5 is rounded down to the nearest tenth).'' Therefore, based on 
the rounding conventions established at 40 CFR part 50, appendix N, 
section 4.3(a), 12.03 [mu]g/m\3\ would round to 12.0 [mu]g/m\3\ and 
still meet the 2012 annual PM2.5 NAAQS.
    Comment 3: The Commenter states that an EPA guidance document 
contemplates supplementing data from a primary monitor with data from a 
secondary monitor. See AQS Tech Note POC 6-28-13, Technical Note--
Guidance on the Use of Parameter Occurrence Codes (POCs) When Using 
Multiple Instruments at Monitoring Sites, https://www.epa.gov/aqs/aqs-tech-note-poc-6-28-13 (``The regulatory language for particulate matter 
(PM) and lead (Pb) monitoring allows for the combining of data when the 
primary monitor at the site does not sample on a particular day either 
due to it not being a scheduled sampling day or the instrument did not 
collect a valid sample.'').
    Response 3: ``AQS (Air Quality System) Tech Note POC 6-28-13'' is a 
technical memo from EPA to states, local, tribal, and other data users 
who use the Air Quality System\5\ (AQS) to submit and retrieve air 
quality data. The memo explains that each individual monitor should be 
reported to AQS under a specific POC even if the data from these 
monitors is going to routinely be combined as the site record. 
Reporting data this way allows data users to properly assess the 
quality of data from a specific monitor while providing the proper 
sample completeness at a monitoring site. The memo goes further to 
explain that in 2008, AQS was enhanced to automatically combine 
PM2.5 values from collocated data in accordance with 40 CFR 
part 50, appendix N. As described in Response 1, EPA does allow the 
data from a collocated monitor to be considered as part of the combined 
site data record when there is no valid daily value from the primary 
monitor. EPA thus correctly considered data from the collocated monitor 
in Lebanon County when appropriate in accordance with 40 CFR part 50, 
appendix N.
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    \5\ AQS is EPA's repository of ambient air quality data. AQS 
stores data from over 10,000 monitors, 5,000 of which are currently 
active. See https://www.epa.gov/aqs.
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    Comment 4: The Commenter states that there is a discrepancy for the 
third quarter of 2016, as the Commenter found 92 data samples instead 
of 91 data samples using data downloaded from EPA's website.
    Response 4: EPA has reviewed the third quarter data for 2016 and 
has determined that on August 10, 2016, neither POC 1 nor POC 3 
produced a valid daily value. Therefore, 91 data samples were used in 
calculating the third quarter 2016 mean. Thus, no discrepancy or error 
exists.
    Comment 5: The Commenter claims that EPA relied on data from POC 3 
exclusively for 2014 and 2015 and excluded data from POC 3 in the face 
of lower data from a new POC 1.
    Response 5: As previously discussed in Response 1, POC 1 is the 
designated primary monitor as of January 2016 and POC 3 is a collocated 
monitor. See 40 CFR part 50, appendix N, section 3.0(d)(1) and (2). 
Therefore, the data from primary monitor POC 1 is used as the site 
record, but is augmented with data from collocated monitor POC 3 
whenever there is missing data from POC 1. In 2016, POC 3 data was used 
as the site record 60 days out of the 364 days used to calculate the 
2016 annual mean because data from POC 1, the designated primary 
monitor, was not available. EPA therefore appropriately used data from 
POC 1 when available in 2016 in calculating the annual mean and used 
data from POC 3 in 2016 when data from POC 1 was unavailable in 
accordance with CAA regulations.

IV. Final Action

    EPA is making a final determination 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.

V. Statutory and Executive Order Reviews

A. General Requirements

    This rulemaking action proposes to make a determination of 
attainment of the 2012 PM2.5 NAAQS based on air quality data 
and does 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);
     is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866.
     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 Lebanon County Area does not include any Indian country 
located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

[[Page 9438]]

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 May 7, 2018. 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 Lebanon County Area attained the 
2012 annual 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.

    Dated: February 15, 2018.
 Cosmo Servidio,
 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 (w) to read as 
follows:


Sec.  52.2059   Control strategy: Particulate matter.

* * * * *
    (w) Determination of Attainment. EPA has determined based on 2014 
to 2016 ambient air quality monitoring data, that the Lebanon 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. 2018-04424 Filed 3-5-18; 8:45 am]
 BILLING CODE 6560-50-P