54410 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0159; FRL–9458–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone and the 1997 and 2006 Fine 

Particulate Matter National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the Commonwealth of 

Pennsylvania pursuant to the Clean Air 

Act (CAA) sections 110(k)(2) and (3). 

These submittals address the 

infrastructure elements specified in 

CAA section 110(a)(2), necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and fine particulate 

matter (PM2.5) national ambient air 

quality standards (NAAQS) and the 

2006 PM2.5 NAAQS. This proposed 

action is limited to the following 

infrastructure elements which were 

subject to EPA’s completeness findings 

pursuant to CAA section 110(k)(1) for 

the 1997 8-hour ozone NAAQS dated 

March 27, 2008 and the 1997 PM2.5

NAAQS dated October 22, 2008: 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions 

thereof; and the following infrastructure 

elements for the 2006 PM2.5 NAAQS: 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions 

thereof. 

DATES: Written comments must be 

received on or before October 3, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0159 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–2010–0159, 

Cristina Fernandez, Associate Director, 

Office of Air Program 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–2010– 

0159. 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. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by email at knapp.ruth@epa.gov mailto:. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS (62 FR 

38856) and a new PM2.5 NAAQS (62 FR 

38652). The revised ozone NAAQS is 

based on 8-hour average concentrations. 

The 8-hour averaging period replaced 

the previous 1-hour averaging period 

and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5

NAAQS established a health-based 

PM2.5 standard of 15.0 micrograms per 

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

average of annual mean PM2.5

concentrations and a 24-hour standard 

of 65 μg/m3 based on a 3-year average 

of the 98th percentile of 24-hour 

concentrations. EPA strengthened the 

24-hour PM2.5 NAAQS from 65 μg/m3 to 

35 μg/m3 on October 17, 2006 (71 FR 

61144). 

Section 110(a) of the CAA requires 

states to submit State Implementation 

Plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. In March 

of 2004, Earthjustice initiated a lawsuit 

against EPA for failure to take action 

against states that had not made SIP 

submissions to meet the requirements of 

sections 110(a)(1) and (2) for the 1997 

8-hour ozone and PM2.5 NAAQS, i.e., 

failure to make a ‘‘finding of failure to 

submit the required SIP 110(a) SIP 

elements.’’ On March 10, 2005, EPA 

entered into a Consent Decree with 

Earthjustice that obligated EPA to make 

official findings in accordance with 

section 110(k)(1) of the CAA as to 

whether states have made required 

complete SIP submissions, pursuant to 

sections 110(a)(1) and (2), by December 

15, 2007 for the 1997 8-hour ozone 

NAAQS and by October 5, 2008 for the 

1997 PM2.5 NAAQS. EPA made such 

findings for the 1997 8-hour ozone 

NAAQS on March 27, 2008 (73 FR 

16205) and on October 22, 2008 (73 FR 

62902) for the 1997 PM2.5 NAAQS. 

These completeness findings did not 

include findings relating to: (1) Section 

110(a)(2)(C) to the extent that such 

subsection refers to a permit program as 

required by Part D of Title I of the CAA; 

(2) section 110(a)(2)(I); and (3) section 

110(a)(2)(D)(i)(I). Therefore, this action 

does not cover these specific elements. 

This action also does not include the 

portion of D(i)(II) that pertains to 

visibility. 

For the geographic area of Allegheny 

County, these completeness findings 

noted Pennsylvania’s failure to submit a 

SIP revision addressing the portion of 


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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules 54411 

110(a)(2)(C) relating to the part C permit 

programs. EPA recognizes that such 

requirement has already been addressed 

by a Federal Implementation Plan (FIP) 

that remains in place, and concludes 

that the finding of incompleteness does 

not trigger any additional FIP 

obligations for Pennsylvania. For all 

other areas of Pennsylvania, the 

Commonwealth has a SIP approved PSD 

program in place and EPA has found 

that the 110(a)(2) submittals at issue 

were complete. Therefore, EPA’s 

proposed action addresses the 

Commonwealth’s compliance with the 

portion of 110(a)(2) relating to the part 

C permit programs for all geographic 

areas except Allegheny County. 

II. Summary of State Submittal 

Pennsylvania provided multiple 

submittals to satisfy the section 

110(a)(2) requirements that are the 

subject of this proposed action for the 

1997 8-hour ozone NAAQS and the 

1997 and 2006 PM2.5 NAAQS. The 

submittals shown in Table 1 address the 

infrastructure elements, or portions 

thereof, identified in section 110(a)(2) 

that EPA is proposing to approve. 

TABLE 1—110(a)(2) ELEMENTS, OR PORTIONS THEREOF, EPA IS PROPOSING TO APPROVE FOR THE 1997 OZONE AND

PM2.5 NAAQS AND THE 2006 PM2.5 NAAQS FOR PENNSYLVANIA

Submittal date 1997 8-Hour ozone 1997 PM2.5 2006 PM2.5

December 7, 2007 ......................... A, B, C, D(ii), E, F, G, H, J, K, L, 

M.

A, B, C, D(ii), E, F, G, H, J , K, L, 

M.

December 7, 2007 ......................... D(i)(II)PSD .................................... D(i)(II)PSD. 

June 6, 2008 .................................. C, D(i)(II)PSD, J ........................... C, D(i)(II)PSD, J. 

June 6, 2008 .................................. ....................................................... K. 

April 26, 2010 ................................ ....................................................... G ................................................... A, B,C, E, F, G, H, J, K, L, M. 

May 24, 2011 ................................. ....................................................... ....................................................... D(i)(II)PSD, D(ii). 

EPA will take separate action on the 

portions of section 110(a)(2)(C) which 

pertain to a permit program in part D 

Title I of the CAA as well as the portions 

of section 110(a)(2)(D)(i)(II) relating to 

visibility. 

EPA analyzed the above identified 

submissions and is proposing to make a 

determination that such submittals meet 

the requirements of section 110(a)(2)(A), 

(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), 

and (M), or portions thereof, for the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. A detailed 

summary of EPA’s review of, and 

rationale for approving Pennsylvania’s 

submittals may be found in the 

Technical Support Document (TSD) for 

this action, which is available online at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2010–0159. 

III. Proposed Action 

EPA is proposing to approve the 

Commonwealth of Pennsylvania’s 

submittals that provide the basic 

program elements specified in the CAA 

sections 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. 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 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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, this proposed rule, 

pertaining to Pennsylvania’s section 

110(a)(2) infrastructure requirements for 

the 1997 8-hour ozone and PM2.5

NAAQS, and the 2006 PM2.5 NAAQS, 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

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

Dated: August 22, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–22451 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 


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