[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8249-8253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02682]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0307; FRL10636-01-R3]


Determination of Attainment by the Attainment Date for the 2012 
Annual Fine Particulate Matter Standard; Pennsylvania; Allegheny County 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Allegheny County, Pennsylvania nonattainment area 
(NAA) has attained the 2012 annual fine particulate matter 
(PM2.5 or fine particulate matter) national ambient air 
quality standard (NAAQS) by the December 31, 2021 attainment date 
applicable to Moderate NAAs. This determination is based upon quality-
assured, quality-controlled, and certified ambient air monitoring data 
for the 2019-2021 period available in EPA's Air Quality Monitoring 
(AMS) database. The determination is based upon the three-year average 
of annual mean PM2.5 concentrations for each eligible 
monitoring site being less than or equal to the level of the annual 
NAAQS of 12 micrograms per cubic meter ([micro]g/m\3\). This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 10, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0307 at 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, Four Penn Center--1600 JFK Blvd., Philadelphia, PA 
19103. The telephone number is (215) 814-2176. Mr. Rehn can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. Background
    A. The 2012 Annual PM2.5 National Ambient Air Quality 
Standard
    B. Clean Air Act Requirements for PM2.5 Nonattainment 
Areas
    C. Allegheny County Designation for the 2012 PM2.5 
NAAQS
II. Evaluation of Attainment Determination
    A. Applicable Statutory and Regulatory Provisions for 
Determination of Attainment
    B. Monitoring Network Review, Data Quality Assurance, and Data 
Completeness
    C. EPA Evaluation of Attainment
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. The 2012 Annual PM2.5 National Ambient Air Quality 
Standard

    Under section 109 of the Clean Air Act, EPA has established NAAQS 
for certain pervasive air pollutants (referred to as criteria 
pollutants) and conducts periodic reviews of the NAAQS to determine 
whether they should be revised or whether new NAAQS should be 
established. EPA established these standards after considering 
substantial evidence from numerous health studies demonstrating that 
serious adverse health effects are associated with exposures to these 
criteria pollutants.\1\
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    \1\ For a given air pollutant, ``primary'' NAAQS are those 
determined by EPA as requisite to protect the public health, 
allowing an adequate margin of safety, and ``secondary'' standards 
are those determined by EPA as requisite to protect the public 
welfare from any known or anticipated adverse effects associated 
with the presence of such air pollutant in the ambient air. See CAA 
section 109(b).
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    Particulate matter includes particles with diameters that are 
generally 2.5 microns or smaller (PM2.5), and particles with 
diameters that are generally 10

[[Page 8250]]

microns or smaller (PM10). PM2.5 can be emitted 
by sources directly into the atmosphere as a solid or liquid particle 
(primary PM2.5 or direct PM2.5) or can be formed 
in the atmosphere (secondary PM2.5) as a result of various 
chemical reactions among precursor pollutants such as nitrogen oxides 
(NOX), sulfur dioxide (SO2), volatile organic 
compounds (VOC), and ammonia (NH3).\2\
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    \2\ 80 FR 15340, 15342 (March 23, 2015).
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    On July 18, 1997, EPA first established annual and 24-hour NAAQS 
for PM2.5.\3\ EPA set the annual primary and secondary 
standards to 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 
3-year average of annual mean PM2.5 concentrations. On 
January 15th, 2013, in order to provide increased protection of public 
health, EPA promulgated a more stringent annual PM2.5 NAAQS, 
revising the primary standard to 12.0 [mu]g/m\3\, based on a 3-year 
average of annual mean PM2.5 concentrations--while retaining 
the secondary standard at 15.0 [mu]g/m\3\.\4\
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    \3\ 62 FR 38652 (July 18, 1997). In October 2006, EPA lowered 
the 24-hour NAAQS for PM2.5 from 65 micrograms per cubic 
meter ([mu]g/m\3\) to 35 [mu]g/m\3\. 71 FR 61144 (October 17, 2006).
    \4\ 78 FR 3086 (January 15, 2013) and 40 CFR 50.18. Unless 
otherwise noted, all references to the PM2.5 NAAQS in 
this document refer to the 2012 annual NAAQS of 12.0 [mu]g/m\3\, 
codified at 40 CFR 50.18.
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B. Clean Air Act Requirements for PM2.5 Nonattainment Areas

    The CAA requires states to develop a SIP that provides generally 
for the attainment, maintenance, and enforcement of the NAAQS. In 
addition, the CAA requires states to make a plan submittal to address 
nonattainment planning requirements of the CAA. This plan SIP submittal 
(also referred to as an attainment plan) imposes additional controls 
for purposes of attaining the PM2.5 NAAQS to achieve 
reductions of PM2.5 and PM2.5 precursor 
emissions.
    The general CAA part D nonattainment area planning requirements are 
found in subpart 1 and the specific nonattainment area planning 
requirements for particulate matter are found in subpart 4. The subpart 
1 statutory requirements for attainment plans include the following: 
section 172(c)(1) requirements for reasonably available control 
measures (RACM)/reasonably available control technology (RACT) and 
attainment demonstrations; the section 172(c)(2) requirement to 
demonstrate reasonable further progress (RFP); the section 172(c)(3) 
requirement for emissions inventories; the section 172(c)(5) 
requirements for a nonattainment new source review (NNSR) permitting 
program; and the section 172(c)(9) requirement for contingency 
measures.
    The more specific subpart 4 statutory requirements for Moderate 
PM2.5 nonattainment areas include the following: the CAA 
section 189(a)(1)(A) NNSR permit program requirements; the section 
189(a)(1)(B) requirements for attainment demonstrations; the section 
189(a)(1)(C) requirements for RACM; the section 189(c) requirements for 
RFP and quantitative milestones; and the section 189(e) requirement for 
controls on sources of particulate matter precursors.
    Under CAA subpart 4, section 188(c)(1) establishes that states with 
Moderate PM2.5 nonattainment areas must provide for 
attainment in the area as expeditiously as practicable, but no later 
than the end of the sixth calendar year after designation. For the 2012 
PM2.5 annual NAAQS, this date is December 31, 2021.\5\ In 
addition, under subpart 4, direct PM2.5 and all precursors 
to the formation of PM2.5 are subject to control unless EPA 
approves a demonstration from the state establishing that a given 
precursor does not contribute significantly to PM2.5 levels 
that exceed the PM2.5 NAAQS in the area.\6\
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    \5\ 40 CFR 51.1004(a)(1).
    \6\ 40 CFR 51.1006 and 40 CFR 51.1009.
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    To implement the PM2.5 NAAQS, EPA has promulgated the 
``Fine Particle Matter National Ambient Air Quality Standard: State 
Implementation Plan Requirements; Final Rule'' (also referred to as the 
PM2.5 Implementation Rule).\7\ The PM2.5 
Implementation Rule provides additional regulatory requirements and 
guidance applicable to attainment plan submittals for the 
PM2.5 NAAQS, including the 2012 annual PM2.5 
NAAQS at issue in this action.
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    \7\ 81 FR 58010 (August 24, 2016).
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C. Allegheny County Designation for the 2012 PM2.5 NAAQS

    Following promulgation of a new or revised NAAQS, EPA is required 
under CAA section 107(d) to designate regions throughout the nation as 
attaining or not attaining these NAAQS. Those regions found not to be 
attaining the NAAQS are also given a classification that describes the 
degree of nonattainment. Under subpart 4 of part D of title I of the 
CAA, EPA designates areas found to be violating the PM2.5 
NAAQS, and areas that contribute to such violations, as nonattainment 
and classifies them initially as Moderate nonattainment areas.
    Effective April 15, 2015, EPA designated Allegheny County, 
Pennsylvania, as a Moderate nonattainment area (Allegheny County 
Nonattainment Area) for the 2012 PM2.5 annual NAAQS based on 
ambient monitoring data that showed the area was above the 12.0 [mu]g/
m\3\ primary standard for the 3-year 2011-2013 monitoring period, based 
on the area's design value.\8\ A design value (DV) is the 3-year 
average NAAQS metric that is compared to the NAAQS level to determine 
when a monitoring site meets or does not meet the NAAQS. The specific 
methodologies for calculating whether the annual PM2.5 NAAQS 
is met at each eligible monitoring site in an area are found in the 
Code of Federal Regulations (CFR), at 40 CFR part 50, Appendix N, 
section 4.1.
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    \8\ 80 FR 2206 (January 15, 2015).
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II. Evaluation of Attainment Determination

A. Applicable Statutory and Regulatory Provisions for Determination of 
Attainment

    Sections 179(c)(1) and 188(b)(2) of the CAA require EPA to 
determine whether a PM2.5 nonattainment area attained by the 
applicable attainment date, based on the area's air quality ``as of the 
attainment date.'' Generally, this determination of whether an area's 
air quality meets the PM2.5 NAAQS is based upon the most 
recent three years of complete, certified data gathered at eligible 
monitoring sites in accordance with 40 CFR part 58.\9\ The requirements 
of 40 CFR part 58 include quality assurance procedures for monitor 
operation and data handling, siting parameters for instruments or 
instrument probes, and minimum ambient air quality monitoring network 
requirements. State, local, or tribal agencies operating air monitoring 
sites, in accordance with 40 CFR part 58, must enter the ambient air 
quality data and associated quality assurance data from these sites 
into EPA's Air Quality System (AQS) database.\10\ These monitoring 
agencies certify annually that these data are accurate to the best of 
their knowledge, taking into consideration the quality assurance 
findings.\11\ Accordingly, EPA relies primarily on AQS data when 
determining the attainment status of an area. In determining whether 
data are suitable for regulatory determinations, EPA uses a ``weight of 
evidence'' approach, considering the requirements of 40 CFR part 58, 
Appendix A ``in combination with other data quality

[[Page 8251]]

information, reports, and similar documentation that demonstrate 
overall compliance with Part 58.'' \12\
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    \9\ 40 CFR part 50, Appendix N, section 3.0.
    \10\ 40 CFR 58.16. AQS is EPA's national repository of ambient 
air quality data.
    \11\ 40 CFR 58.15(a).
    \12\ 40 CFR part 58, Appendix A, section 1.2.3.
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    The 2012 primary annual PM2.5 standard is met when the 
3-year average of the annual arithmetic mean concentration, as 
determined in accordance with 40 CFR part 50 Appendix N, is less than 
or equal to 12.0 [mu]g/m\3\ at each eligible monitoring site.\13\ For 
the annual PM2.5 standard, eligible monitoring sites are 
those monitoring stations that meet the criteria specified in 40 CFR 
58.11 and 58.30, and thus are approved for comparison to the annual 
PM2.5 NAAQS.\14\ Three years of valid annual means are 
required to produce a valid annual PM2.5 NAAQS design 
value.\15\ Data completeness requirements for a given year are met when 
at least 75 percent of the scheduled sampling days for each quarter 
have valid data.\16\
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    \13\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section 
4.1(a).
    \14\ 40 CFR part 50, Appendix N, section 1.0(c).
    \15\ 40 CFR part 50, Appendix N, section 4.1(b).
    \16\ Id.
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B. Monitoring Network Review, Data Quality Assurance, and Data 
Completeness

    The Allegheny County Health Department (ACHD) is the governmental 
agency with the primary authority and responsibility under the 
Commonwealth's laws for collecting ambient air quality data for the 
Allegheny County PM2.5 nonattainment area. ACHD submits 
annual monitoring network plans to EPA documenting the status of the 
Allegheny County air monitoring network, as required under 40 CFR 
58.10.\17\ EPA reviews these annual network plans for compliance with 
specific requirements in 40 CFR part 58. With respect to the Allegheny 
County nonattainment area, we have found that the annual network plans 
submitted by ACHD meet these requirements under 40 CFR part 58, 
including minimum monitoring requirements.\18\
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    \17\ See 40 CFR 58.15(c).
    \18\ The ACHD 2021-22 monitoring network plan and EPA reviews of 
that plan are available in the docket.
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    In accordance with 40 CFR 58.15, ACHD certifies annually that the 
previous year's ambient concentration and quality assurance data are 
completely submitted to AQS and that the ambient concentration data are 
accurate, taking into consideration the quality assurance findings.\19\
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    \19\ ACHD's annual data certifications for 2019, 2020, and 2021 
can be found in the docket.
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    By a letter to EPA dated April 12, 2022, ACHD certified its 2021 
ambient air quality monitoring data. EPA issued final 2019-2021 design 
values on May 25, 2022.\20\ There are nine PM2.5 eligible 
Federal Reference Method (FRM) or Federal Equivalent Method (FEM) 
monitoring sites in the Allegheny County PM2.5 nonattainment 
area. Table 1 in this document shows the Allegheny County Area design 
values for the 2012 annual PM2.5 NAAQS for the years 2019-
2021 at these nine area monitoring sites.
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    \20\ See EPA's Air Quality Design Values web page, at 
www.epa.gov/air-trends/air-quality-design-values.

                                       Table 1--2019-2021 Annual PM2.5 Values for the Allegheny County PM2.5 Area
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                                                                                     Weighted mean ([micro]g/      Complete quarters         Certified
                                                                                              m\3\)           --------------------------- annual  design
                                                                                   ---------------------------                             value  2019-
                           Monitor name                               Monitor ID                                                               2021
                                                                                      2019     2020     2021     2019     2020     2021     ([micro]g/
                                                                                                                                               m\3\)
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Avalon............................................................       420030002      9.9      8.6      9.8        4        4        4             9.4
Lawrenceville.....................................................       420030008      9.0      7.7      9.8        4        4        4             8.8
South Fayette.....................................................       420030067      7.7      6.6      7.8        4        4        4             7.3
North Park........................................................       420030093      6.8      5.7  .......        4        3  .......             [*]
Harrison..........................................................       420031008      8.6      7.3      8.2        4        4        4             8.1
North Braddock....................................................       420031301      9.9      9.0     10.7        4        4        4             9.9
Clairton..........................................................       420033007      7.9      7.3      9.2        4        4        4             8.1
Liberty...........................................................       420030064     12.2      9.8     11.8        4        4        4            11.2
Parkway East......................................................       420031376     10.8      9.0     10.4        4        4        4            10.0
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* North Park has incomplete data sets for 2020 and 2021 (and was shut down in the third quarter of 2021).

    As shown in Table 1 in this document, all ambient air monitors in 
the Allegheny County area except for the North Park monitor site have 
complete 2019-2021 reporting data capture rates of at least 75%. The 
North Park monitor site [Monitor ID 420030093] had a fourth quarter 
2020 capture rate of 13%. The North Park monitor site was approved for 
shut down in the third quarter of 2021 in ACHD's ``Annual Monitoring 
Plan for Calendar Year 2021.'' The data capture rates for the North 
Park monitor for the 2019-2021 period are shown in Table 2 in this 
document.

  Table 2--Data Capture Rates (%) and Creditable Samples by Quarter (Q) for the North Park Monitor [420030093]
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                                         2019                        2020                       2021 *
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                                Q1     Q2     Q3     Q4     Q1     Q2     Q3     Q4     Q1     Q2     Q3     Q4
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Creditable Samples..........     14     15     15     14     15     14     15      2      0      0      0      0
Capture Rate................     93    100     94     93    100     93     94     13      0      0      0      0
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* North Park has incomplete data sets for 2020 and 2021 and was shut down in the third quarter of 2021.

    As described in section II.A in this document, the 2012 annual 
PM2.5 NAAQS 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

[[Page 8252]]

12.0 [micro]g/m\3\. Three years of valid, annual means are required to 
produce a valid annual PM2.5 NAAQS design value. A year of 
data meets data completeness requirements when quarterly data capture 
rates for all four quarters are at least 75 percent from eligible 
monitoring sites.\21\
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    \21\ See 40 CFR part 50, Appendix N.
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    Consistent with the requirements contained in 40 CFR part 58, EPA 
has reviewed the PM2.5 ambient air quality monitoring data 
for the monitoring period from 2019 through 2021 for the Allegheny 
County nonattainment area, as recorded in the AQS database, and has 
determined that the monitoring data meets the quality assurance 
requirements set forth in 40 CFR part 58. In this respect, the data has 
been deemed usable by EPA for regulatory compliance purposes. As shown 
in Table 1 in this document, each quarter from 2019 through 2021 is 
complete, with all four quarters reporting data capture rates of at 
least 75 percent (with the exception of the North Park monitor, as 
noted above). The highest certified annual design value for 2019-2021 
is 11.2 [micro]g/m3, with all nine ambient monitors below the 2012 
annual PM2.5 NAAQS of 12.0 [micro]g/m3.
    In summary, based on the relevant monitoring network plans, data 
completeness, and data certifications, we propose to find that the 
PM2.5 data collected from the ambient air monitoring network 
for the Allegheny County PM2.5 nonattainment area are 
suitable for determining whether the area attained the 2012 annual 
PM2.5 NAAQS by the applicable December 2021 attainment date.

C. EPA Evaluation of Attainment

    Under CAA section 188(c)(2), EPA is required to determine within 
six months of the applicable attainment date whether a nonattainment 
area attained the standard by that deadline. The 2012 annual 
PM2.5 NAAQS is met when the PM2.5 NAAQS design 
value at each eligible monitoring site is less than or equal to 12 mg/
m\3\. As discussed above, EPA's evaluation on whether the Allegheny 
County PM2.5 NAA has attained the 2012 annual 
PM2.5 NAAQS is based on our review of the monitoring data 
and takes into account the adequacy of the PM2.5 monitoring 
network in the nonattainment area and the reliability of the data 
collected by the network as discussed in the previous section of this 
document.
    Table 1 in this document provides the 2021 PM2.5 design 
value from the regulatory monitors within the Allegheny County 
nonattainment area, expressed as a design value for each monitor 
representing the average of the annual mean values from the 2019-2021 
period. The weighted mean for each individual year is also listed. The 
PM2.5 data show that the highest 2019-2021 design value 
occurred at the Liberty monitor site and was 11.2 [mu]g/m\3\. No design 
value for any monitor in the area exceeded the 2012 annual 
PM2.5 NAAQS of 12.0 [mu]g/m\3\ for the 3-year period prior 
to the attainment deadline. Based on our review of the PM2.5 
ambient air monitoring data from the Allegheny County monitoring 
network, the monitoring sites for the nonattainment area are consistent 
with the relevant requirements in 40 CFR part 50, as recorded in EPA's 
AQS database for the area. Therefore, the Allegheny County 
nonattainment area attained the 2012 annual PM2.5 NAAQS (in 
accordance with the requirements in 40 CFR 50.18 and Appendix N) by the 
December 31, 2021 attainment date applicable to Moderate NAAs.
    Consequently, EPA proposes to determine, based upon three years of 
complete, certified data from 2019 through 2021 (that has been both 
quality-assured and quality-controlled) that the Allegheny County 
nonattainment area attained the 2012 annual PM2.5 NAAQS by 
the applicable attainment date of December 31, 2021. For purposes of 
determining attainment by the December 31, 2021 Moderate attainment 
date, EPA determines that ACHD has met minimum monitoring site 
requirements under 40 CFR part 58 and that the design values for the 
2012 annual PM2.5 NAAQS for the years 2019-2021 at the 
monitors in the nonattainment area are below the standard of 12 mg/
m\3\. On the basis of our review, we are proposing to determine that 
the Allegheny County nonattainment area attained the 2012 annual NAAQS 
by the Moderate area attainment date.

III. Proposed Action

    Pursuant to CAA section 188(c)(2), EPA is proposing to determine, 
based on the most recent three years (2019-2021) of valid air 
monitoring data, that the Allegheny County nonattainment area has 
attained the 2012 annual PM2.5 NAAQS by the applicable 
attainment date of December 31, 2021.
    This proposed determination of attainment by the attainment date 
does not constitute a redesignation to attainment of the NAAQS. Upon a 
final determination of attainment by the Moderate attainment date, 
Allegheny County will remain nonattainment for the 2012 annual 
PM2.5 NAAQS until such time that EPA determines the 
Allegheny County nonattainment area meets the CAA requirements for 
redesignation to attainment, including an approved maintenance plan, 
pursuant to CAA sections 107 and 175A.
    EPA is soliciting public comments on this proposed determination of 
attainment. All received comments will be considered prior to EPA final 
action.

IV. Statutory and Executive Order Reviews

    This rulemaking action proposes a determination for attainment of 
the 2012 PM2.5 NAAQS based on monitored air quality 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);
     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).
    This proposed determination of attainment by the attainment date 
for the Allegheny County area by the December 31, 2021 Moderate 
attainment date for the 2012 annual PM2.5 NAAQS does not 
have tribal implications as

[[Page 8253]]

specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it is not a SIP action approved to apply in Indian country 
located in the State. This action 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, and 
Reporting and recordkeeping requirements.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-02682 Filed 2-7-23; 8:45 am]
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