45424 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations 

Mariners. During a closure, vessels 

requiring entry into or passage through 

the Safety Zone must request 

permission from the Captain of the Port 

Morgan City, or a designated 

representative and passage will be 

considered on a case-by-case basis. They 

may be contacted on VHF Channel 11, 

13, or 16, or by telephone at (985) 380– 

5370. 

Dated: June 21, 2011. 

J.C. Burton, 

Captain, U.S. Coast Guard, Captain of the 

Port Morgan City, Louisiana. 

[FR Doc. 2011–19185 Filed 7–28–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0419; FRL–9445–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of 

Attainment of the 1997 Fine Particle 

Standard for the Harrisburg-LebanonCarlisle, Johnstown, Lancaster, York, 

and Reading Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to determine that the HarrisburgLebanon-Carlisle (Harrisburg), 

Johnstown, Lancaster, York, and 

Reading fine particle (PM2.5) 

nonattainment areas (the Areas) in the 

Commonwealth of Pennsylvania have 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. These determinations are 

based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the Areas monitored 

attainment of the 1997 annual PM2.5

NAAQS for the 2007–2009 monitoring 

period. EPA is finding these Areas to be 

in attainment in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

September 27, 2011 without further 

notice, unless EPA receives adverse 

written comment by August 29, 2011. If 

EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rules in the Federal Register 

and inform the public that the rules will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0419 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0419, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0419. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Gaige, (215) 814–5676, or by 

e-mail at gaige.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

This supplementary information 

section is arranged as follows: 

I. What actions are EPA taking? 

II. What is the background of these actions? 

III. What is EPA’s analysis of the relevant air 

quality data? 

IV. What are the effects of these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What actions are EPA taking? 

In accordance with section 179(c)(1) 

of the CAA, EPA is determining that the 

Harrisburg, Johnstown, Lancaster, York, 

and Reading PM2.5 nonattainment areas 

have attained the 1997 annual PM2.5

NAAQS by the applicable attainment 

date of April 5, 2010 and in accordance 

with EPA’s PM2.5 Implementation Rule 

of April 25, 2007 (72 FR 20664). These 

determinations are based upon 

complete, quality assured, and certified 

ambient air monitoring data from 2007– 

2009 that show the Areas monitored 

attainment of the 1997 annual PM2.5

NAAQS during this monitoring period. 

II. What is the background for these 

actions? 

On July 18, 1997 (62 FR 36852), EPA 

established a health-based PM2.5

NAAQS at 15.0 micrograms per cubic 

meter (μg/m3) based on a 3-year average 

of annual mean PM2.5 concentrations 

(hereafter referred to as ‘‘the annual 

PM2.5 NAAQS’’ or ‘‘the annual 

standard’’). At that time, EPA also 

established a 24-hour standard of 65 μg/ 

m3 (the ‘‘1997 24-hour standard’’). See 

40 CFR 50.7. On January 5, 2005 (70 FR 

944), EPA published its air quality 

designations and classifications for the 

1997 PM2.5 NAAQS based upon air 

quality monitoring data for calendar 

years 2001–2003. These designations 

became effective on April 5, 2005. The 

Harrisburg, Johnstown, Lancaster, York, 

and Reading areas were designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS during this designations 

process. See 40 CFR 81.339. The 

Harrisburg nonattainment area consists 


jlentini on DSK4TPTVN1PROD with RULES
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of Cumberland, Dauphin, and Lebanon 

Counties. The Johnstown nonattainment 

area consists of Cambria County and the 

part of Indiana County which includes 

the Townships of West Wheatfield, 

Center, East Wheatfield, and Armagh 

Borough and Homer City Borough. The 

Lancaster nonattainment area consists of 

Lancaster County. The York 

nonattainment area consists of York 

County. The Reading nonattainment 

area consists of Berks County. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 μg/m3 based on a 

3-year average of the 98th percentile of 

24-hour concentrations (the ‘‘2006 24- 

hour standard’’). On November 13, 

2009, EPA designated the HarrisburgLebanon-Carlisle-York Area, the 

Johnstown Area, and the Lancaster Area 

as nonattainment for the 2006 24-hour 

standard (74 FR 58688). The Air Quality 

Control Region (AQCR) 151 Northeast 

Pennsylvania-Upper Delaware Valley 

Interstate area which includes Berks 

County (Reading) is designated as 

attainment for the 2006 24-hour 

standard (74 FR 58688). In that action, 

EPA also clarified that the designations 

for these Areas were attainment for the 

1997 24-hour PM2.5 standard. Today’s 

actions, however, do not address the 

1997 or the 2006 24-hour PM2.5

standard. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this standard to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Circuit 2009). 

However, given that the 1997 and 2006 

annual PM2.5 standards are essentially 

identical, attainment of the 1997 annual 

standard would also indicate attainment 

of the remanded 2006 annual standard. 

EPA previously made clean data 

determinations related to the 1997 

annual PM2.5 NAAQS for each of these 

Areas pursuant to 40 CFR 51.1004(c). A 

clean data determination was made for 

the Harrisburg Area on August 25, 2008 

(73 FR 49949) and clean data 

determinations were made for the 

Johnstown, Lancaster, York, and 

Reading Areas on September 25, 2009 

(74 FR 48863) and remain in effect. 

Under CAA section 179(c), EPA is 

required to make a determination that a 

nonattainment area has attained by its 

attainment date, and publish that 

determination in the Federal Register. 

The determination of attainment is not 

equivalent to a redesignation, and the 

state must still meet the statutory 

requirements for redesignation in order 

for the Areas to be redesignated to 

attainment. Complete, quality assured, 

certified PM2.5 air quality monitoring 

data recorded in the EPA Air Quality 

System (AQS) database for 2007 through 

2009, show that the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading, PA Areas attained the 1997 

annual PM2.5 NAAQS by the applicable 

attainment date. 

III. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded in the EPA 

AQS database for the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading nonattainment areas for the 

monitoring period from 2007 through 

2009. On the basis of that review, EPA 

has concluded that the areas attained 

the 1997 annual PM2.5 NAAQS based on 

data for the 2007–2009 monitoring 

period. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 standards are met when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 

CFR part 50, Appendix N, is less than 

or equal to 15.0 μg/m3. The values 

calculated in accordance with 40 CFR 

part 50 Appendix N are referred to as 

design values, and these values are used 

to determine if an area is attaining the 

NAAQS. According to the PM2.5

implementation rule, the attainment 

date for these areas is April 5, 2010 and 

monitoring data from the period 2007 

through 2009 is used to determine if the 

areas attained by April 5, 2010. 

EPA’s review of the data indicate that 

the Harrisburg, Johnstown, Lancaster, 

York, and Reading nonattainment areas 

attained the annual 1997 PM2.5 NAAQS 

by the applicable attainment date. The 

data, presented in Tables 1 through 5, 

are available at http://www.epa.gov/air/ 

airtrends/values.html and can be found 

under the heading: Design Values 2007– 

2009, PM2.5 Design Values. 

Table 1 shows the PM2.5 design values 

for each monitor in the Harrisburg Area 

for the years 2007–2009. All 2007–2009 

design values are below 15.0 μg/m3 and 

all monitors meet the data completeness 

requirements. Therefore, the Harrisburg 

Area attained the 1997 annual PM2.5

NAAQS by its attainment date. 

TABLE 1—ANNUAL PM2.5 VALUES, HARRISBURG AREA

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Pennsylvania ..................... Cumberland .............. 420410101 ................ 13.7 13.0 11.1 12.6 

Dauphin ..................... 420430401 ................ 14.3 13.2 12.2 13.2 

Lebanon .................... No monitor ................ ........................ ........................ ........................ ........................

Table 2 shows the PM2.5 design values 

for each monitor in the Johnstown Area 

for the years 2007–2009. All 2007–2009 

design values are below 15.0 μg/m3 and 

all monitors meet the data completeness 

requirements. Therefore, the Johnstown 

Area attained the 1997 annual PM2.5

NAAQS by its attainment date. 

TABLE 2—ANNUAL PM2.5 VALUES, JOHNSTOWN AREA

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Pennsylvania ..................... Cambria .................... 420210011 ................ 14.4 13.9 11.9 13.4 


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45426 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations 

TABLE 2—ANNUAL PM2.5 VALUES, JOHNSTOWN AREA—Continued 

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Indiana (part) ............ No monitor ................ ........................ ........................ ........................ ........................

Table 3 shows the PM2.5 design values 

for each monitor in the Lancaster Area 

for the years 2007–2009. All 2007–2009 

design values are below 15.0 μg/m3 and 

all monitors meet the data completeness 

requirements. Therefore, the Lancaster 

Area attained the 1997 annual PM2.5

NAAQS by its attainment date. 

TABLE 3—ANNUAL PM2.5 VALUES, LANCASTER AREA

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Pennsylvania ..................... Lancaster .................. 420710007 ................ 15.4 13.9 12.2 13.8 

Table 4 shows the PM2.5 design values 

for each monitor in the York Area for 

the years 2007–2009. All 2007–2009 

design values are below 15.0 μg/m3 and 

all monitors meet the data completeness 

requirements. Therefore, the York Area 

attained the 1997 annual PM2.5 NAAQS 

by its attainment date. 

TABLE 4—ANNUAL PM2.5 VALUES, YORK AREA

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Pennsylvania ..................... York ........................... 421330008 ................ 15.8 13.6 11.7 13.7 

Table 5 shows the PM2.5 design values 

for each monitor in the Reading Area for 

the years 2007–2009. All 2007–2009 

design values are below 15.0 μg/m3 and 

all monitors meet the data completeness 

requirements. Therefore, the Reading 

Area attained the 1997 annual PM2.5

NAAQS by its attainment date. 

TABLE 5—ANNUAL PM2.5 VALUES, READING AREA

State County Monitor ID 2007 Mean 

(μg/m3) 

2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

Certified 

design value 

2007–2009 

(μg/m3) 

Pennsylvania ..................... Berks ......................... 420110011 ................ 14.3 12.5 10.9 12.6 

IV. What are the effects of these 

actions? 

EPA is determining that the 

Harrisburg, Johnstown, Lancaster, York, 

and Reading Areas have attained the 

1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to the CAA 

section 179(c) to make a determination 

based on the Areas’ air quality data that 

the Areas attained the standard by the 

attainment date. Also, since the 

Harrisburg, Johnstown, Lancaster, York, 

and Reading Areas have attained the 

1997 annual PM2.5 NAAQS by the 

applicable attainment date, the Areas 

are not subject to the consequences of 

failure to attain. 

These actions do not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA. The 

designation status of the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading Areas will remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the areas meet the CAA 

requirements for redesignation to 

attainment. Further, these actions do not 

involve approving maintenance plans 

for the Areas as required under section 

175A of the CAA, nor do they find that 

the Areas have met all other 

requirements for redesignation. The 

designation status of the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading Areas will remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Areas meet the CAA 

requirements for redesignation to 

attainment and take action to 

redesignate the Harrisburg, Johnstown, 

Lancaster, York, and Reading Areas. 

V. Final Action 

Pursuant to section 179(c) of the CAA, 

EPA is determining that the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading Areas attained the 1997 annual 

PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial action and 

anticipates no adverse comment. 


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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations 45427 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to determine 

these areas attained the 1997 annual 

PM2.5 NAAQS by the applicable 

attainment date if adverse comments are 

filed. This rule will be effective on 

September 27, 2011 without further 

notice unless EPA receives adverse 

comment by August 29, 2011. 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. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

these rules and if that provision may be 

severed from the remainder of the rules, 

EPA may adopt as final those provisions 

of the rules that are not the subject of 

an adverse comment. 

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action merely makes attainment 

determinations based on air quality data 

and does not impose any additional 

requirements. For that reason, this 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 these PM2.5 NAAQS 

attainment determinations do 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 these actions 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 rules in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. These actions are not 

‘‘major rules’’ 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 these 

actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 27, 

2011. Filing a petition for 

reconsideration by the Administrator of 

these final rules 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 

these direct final rules are encouraged to 

file a comment in response to the 

parallel notice of proposed rulemaking 

for these actions published in the 

proposed rules section of today’s 

Federal Register, rather than file an 

immediate petition for judicial review of 

these direct final rules, so that EPA can 

withdraw these direct final rules and 

address the comment in the proposed 

rulemakings. These actions, to 

determine that the Harrisburg, 

Johnstown, Lancaster, York, and 

Reading Areas attained the 1997 annual 

PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010, 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, Intergovernmental 

relations, Incorporation by reference, 

Particulate matter. 

Dated: July 18, 2011.: 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Section 52.2056 is added to read as 

follows: 

§ 52.2056 Determinations of attainment. 

(a) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Harrisburg-Lebanon-Carlisle 

(Harrisburg) fine particle (PM2.5) 

nonattainment area attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard. 

EPA also determined that the Harrisburg 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Johnstown fine particle (PM2.5) 

nonattainment area attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard. 

EPA also determined that the Johnstown 

PM2.5 nonattainment area is not subject 


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45428 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations 

to the consequences of failing to attain 

pursuant to section 179(d). 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Lancaster fine particle (PM2.5) 

nonattainment area attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard. 

EPA also determined that the Lancaster 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

(d) Based upon EPA’s review of the 

air quality data for the 3-year period 

2007 to 2009, EPA determined that the 

York fine particle (PM2.5) nonattainment 

area attained the 1997 annual PM2.5

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of April 5, 2010. Therefore, EPA 

has met the requirement pursuant to 

CAA section 179(c) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the York PM2.5

nonattainment area is not subject to the 

consequences of failing to attain 

pursuant to section 179(d). 

(e) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Reading fine particle (PM2.5) 

nonattainment area attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard. 

EPA also determined that the Reading 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2011–19143 Filed 7–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1998–0007; FRL–9445–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the State Marine of Port Arthur 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the 

State Marine of Port Arthur (SMPA) 

Superfund Site located in Port Arthur, 

Texas (Jefferson County), from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Texas, through the Texas Commission 

on Environmental Quality, because EPA 

has determined that all appropriate 

response actions at these identified 

parcels under CERCLA, other than FiveYear Reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 27, 2011 unless 

EPA receives adverse comments by 

August 29, 2011. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1998–0007, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

Internet on-line instructions for 

submitting comments. 

• E-mail: Rafael Casanova, 

casanova.rafael@epa.gov. 

• Fax: 214–665–6660. 

• Mail: Rafael A. Casanova; U.S. 

Environmental Protection Agency, 

Region 6; Superfund Division (6SF–RA); 

1445 Ross Avenue, Suite 1200; Dallas, 

Texas 75202–2733. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6; 1445 Ross 

Avenue, Suite 700; Dallas, Texas 75202– 

2733; Contact: Rafael A. Casanova (214) 

665–7437. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–AFUND–1998– 

0007. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

1. U.S. Environmental Protection 

Agency, Region 6; 1445 Ross Avenue, 

Suite 700; Dallas, Texas 75202–2733; 

Hours of operation: Monday thru 

Friday, 9 a.m. to 12 p.m. and 1 p.m. to 

4 p.m. Contact: Rafael A. Casanova (214) 

665–7437. 

2. Port Arthur Public Library; 4615 

9th Avenue; Port Arthur, Texas 77642– 


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