Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 60089 

TABLE 1—2002 BASE YEAR INVENTORY—WEST VIRGINIA PORTION OF PARKERSBURG AREA IN TONS PER YEAR (TPY) 

Source sector NH3 NOX PM10 PM2.5 SO2 VOC 

Point ......................................................... 52 21,835 1,769 1,068 70,293 1,162 

Area .......................................................... 117 749 5,005 1,139 1,311 3,859 

Nonroad ................................................... 1 2,506 130 120 134 1,138 

Onroad ..................................................... 86 2,667 62 44 111 1,956 

Biogenic ................................................... N/A 99 N/A N/A N/A 10,252 

Total .................................................. 255 27,856 6,966 2,372 71,849 18,368 

The CAA section 172(c)(3) emissions 

inventory is developed by the 

incorporation of data from multiple 

sources. States were required to develop 

and submit to EPA a triennial emissions 

inventory according to the Consolidated 

Emissions Reporting Rule (CERR) for all 

source categories (i.e., point, area, 

nonroad mobile and on-road mobile). 

The review and evaluation of the 

methods used for the emissions 

inventory submitted by West Virginia 

are found in the Technical Support 

Document dated June 16, 2010, 

available online at www.regulations.gov, 

Docket No. EPA–R03–OAR–2010–0077. 

EPA finds that the process used to 

develop this emissions inventory for the 

Parkersburg Area is adequate to meet 

the requirements of CAA section 

172(c)(3), the implementing regulations, 

and EPA guidance for emission 

inventories. 

III. Proposed Action 

EPA is proposing to approve the 2002 

base year emissions inventory portion of 

the SIP revision submitted by the State 

of West Virginia on September 9, 2008 

for the Parkersburg Area. We have made 

the determination that this action is 

consistent with section 110 of the CAA. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 the PM2.5 2002 base year 

emissions inventory portion of the West 

Virginia SIP for the Parkersburg Area, 

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, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 13, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–24244 Filed 10–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0371; FRL–9735–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, New Jersey, and 

Pennsylvania; Determination of 

Attainment of the 2006 24-Hour Fine 

Particulate Standard for the 

Philadelphia-Wilmington, PA-NJ-DE 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make a 

determination of attainment regarding 

the Philadelphia-Wilmington, PA-NJ-DE 

fine particulate (PM2.5) nonattainment 

area (hereafter referred to as ‘‘the 

Philadelphia Area’’ or ‘‘the Area’’). EPA 

is proposing to determine that the 

Philadelphia Area has attained the 2006 

24-hour PM2.5 National Ambient Air 

Quality Standard (NAAQS), based upon 

complete, quality-assured and certified 

ambient air monitoring data for the 

2008–2010 and 2009–2011 periods and 

upon preliminary data available to date 

for 2012. If EPA finalizes this proposed 

determination of attainment, the 

requirements for the Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to the attainment of the standard 

shall be suspended for so long as the 

Area continues to attain the 2006 24- 


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1The New Jersey Department of Environmental 

Protection (NJDEP) formally requested EPA to make 

a determination of attainment for the 2006 24-hour 

PM2.5 NAAQS for the Philadelphia Area on October 

5, 2011 through a letter from Bob Martin, NJDEP 

Commissioner to Judith A. Enck, Regional 

Administrator of EPA Region II. 

hour PM2.5 NAAQS. This action is being 

taken under the Clean Air Act (CAA). 

This action does not constitute a 

redesignation to attainment under the 

CAA. The designation status of the 

Philadelphia Area will remain 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS until such time as EPA 

determines that the Philadelphia Area 

meets the CAA requirements for 

redesignation to attainment, including 

an approved maintenance plan. 

DATES: Written comments must be 

received on or before November 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0371 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0371, 

Donna Mastro, Acting 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–2012– 

0371. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 

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 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: If 

you have questions concerning today’s 

proposed action related to Pennsylvania 

or Delaware, please contact Emlyn 

Ve ́lez-Rosa, (215) 814–2038, or by email 

at velez-rosa.emlyn@epa.gov. If you 

have questions concerning today’s 

proposed action related to New Jersey, 

please contact Gavin Lau, (212) 637– 

3708, or by email at lau.gavin@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 is the action EPA is proposing? 

II. What is the background of this action? 

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

quality data? 

IV. What are the effects of this action? 

V. Statutory and Executive Order Reviews 

I. What is the action EPA is proposing? 

In accordance with section 179(c)(1) 

of the CAA, 42 U.S.C. 7509(c)(1), and 40 

CFR 51.1004(c), EPA is proposing to 

determine that the Philadelphia Area 

has attained the 2006 24-hour PM2.5

NAAQS. The proposal is based upon 

quality-assured and certified ambient air 

monitoring data for the 2008–2010 and 

2009–2011 monitoring periods and 

upon data available to date for 2012, 

which show that the Philadelphia Area 

attained the 2006 24-hour PM2.5

NAAQS. EPA received requests from the 

States of Delaware, Pennsylvania, and 

New Jersey 1 for the determination of 

attainment for the Philadelphia area for 

the 2006 24-hour PM2.5 NAAQS. 

II. What is the background of this 

action? 

On September 21, 2006, EPA retained 

the 1997 annual PM2.5 NAAQS at 15.0 

micrograms per cubic meter (mg/m3) 

(hereby ‘‘the 2006 annual PM2.5

NAAQS’’) based on a 3-year average of 

annual mean PM2.5 concentrations, and 

promulgated a new 24-hour standard of 

35 mg/m3 based on a 3-year average of 

the 98th percentile of 24-hour 

concentrations (71 FR 61144, October 

17, 2006). The revised 2006 24-hour 

PM2.5 standard (hereafter ‘‘the 2006 24- 

hour PM2.5 NAAQS’’) became effective 

on December 18, 2006. See 40 CFR 

50.13. The more stringent 2006 24-hour 

PM2.5 NAAQS is based on significant 

evidence and numerous health studies 

demonstrating that serious health effects 

are associated with short-term 

exposures to PM2.5 at this level. 

Many petitioners challenged aspects 

of EPA’s 2006 revisions to the PM2.5

NAAQS. See American Farm Bureau 

Federation and National Pork Producers 

Council, et al. v. EPA, 559 F.3d 512 (DC 

Cir. 2009). As a result of this challenge, 

the U.S. Court of Appeals for the District 

of Columbia Circuit remanded the 2006 

annual PM2.5 NAAQS to EPA for further 

proceedings. The 2006 24-hour primary 

and secondary PM2.5 NAAQS were not 

affected by the remand and remain in 

effect. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d)(1) of the CAA. On November 13, 

2009, EPA published designations for 

the 2006 24-hour PM2.5 NAAQS (74 FR 

58688), which became effective on 

December 14, 2009. In that action, EPA 

designated the Philadelphia Area as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. The Philadelphia Area is 

comprised of New Castle County in 

Delaware; Burlington, Camden, and 

Gloucester Counties in New Jersey; and 

Bucks, Chester, Delaware, Montgomery, 

and Philadelphia Counties in 

Pennsylvania. See 40 CFR 81.339 

(Pennsylvania), 40 CFR 81.331 (New 

Jersey), and 40 CFR 81.308 (Delaware). 

This proposed action only addresses the 

2006 24-hour PM2.5 NAAQS and has no 

effect on control measures or air quality 

in the area. 

On March 29, 2007, EPA issued a 

detailed implementation rule, codified 

at 40 CFR part 51, subpart Z, to assist 

states and tribes with the development 

of SIPs to demonstrate attainment with 


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2EPA’s implementation guidance for the 2006 24- 

hour PM2.5 NAAQS is available at http:// 

www.epa.gov/ttn/naaqs/pm/pdfs/ 

20120302_implement_guidance_24- 

hr_pm2.5_naaqs.pdf. 

3Separate ambient monitoring network plans are 

submitted annually to EPA by each of the States in 

the 24-hour PM2.5 Philadelphia Area. The 

Commonwealth of Pennsylvania’s 2011 annual 

ambient monitoring network plan was approved by 

EPA in a December 6, 2011 letter from Shawn M. 

Garvin, Regional Administrator, EPA Region III, to 

Michael L. Krancer, Secretary of the Pennsylvania 

Department of Environmental Protection (PADEP). 

The State of Delaware’s 2011 annual ambient 

monitoring network plan was approved by EPA in 

a December 6, 2011 letter from Shawn M. Garvin, 

Regional Administrator, EPA Region III, to Collin P. 

O’Mara, Secretary of the Delaware Department of 

Natural Resources and Environmental Control 

(DNREC). The State of New Jersey’s 2011 annual 

ambient monitoring network plan was approved by 

EPA in an October 27, 2011 letter from John 

Filippelli, Acting Director of the Division of 

Environmental Planning and Protection, EPA 

Region II, to Jane Kozinski, Assistant Commissioner 

of the New Jersey Department of Environment 

Protection (NJDEP). 

the 1997 annual and 24-hour PM2.5

NAAQS (the ‘‘2007 PM2.5

Implementation Rule’’) (72 FR 20586, 

April 25, 2007). EPA believes that the 

overall framework and policy approach 

of the 2007 PM2.5 Implementation Rule 

provides effective and appropriate 

guidance on the EPA’s interpretation of 

the general statutory requirements that 

states should address in their SIPs, and 

that such interpretation is relevant to 

the statutory requirements for the 2006 

24-hour PM2.5 NAAQS. However, in 

light of new information that has 

become available since the issuance of 

the 2007 PM2.5 Implementation Rule, 

EPA published on March 2, 2012, the 

memorandum ‘‘Implementation 

Guidance for the 2006 24-Hour Fine 

Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS)’’ (the ‘‘2006 

24-hour PM2.5 Implementation 

Guidance’’).2 This memorandum 

provides additional guidance to assist 

states with development of their SIPs for 

the 2006 24-hour PM2.5 NAAQS. 

In general, areas violating the NAAQS 

should meet the basic CAA 

requirements set forth in section 172. 

The 2006 24-hour PM2.5 nonattainment 

designations triggered the CAA’s 

requirements under section 172(c), 

which requires the submission of an 

attainment plan for each designated 

nonattainment area. The 2007 PM2.5

Implementation Rule specifies that 

states must submit attainment plans for 

their nonattainment areas to EPA by no 

later than three years from the effective 

date of designation. Attainment plans 

for the 2006 24-hour PM2.5 NAAQS 

must be submitted by December 14, 

2012. The 2007 PM2.5 Implementation 

Rule also outlines the SIP requirements 

for the attainment plan, which include 

among other things, the submission of 

an attainment demonstration showing 

the air quality improvements expected 

to result from national and local control 

measures, an analysis of RACM, 

including all RACT, a RFP plan, and 

contingency measures. In the 2006 24- 

hour PM2.5 Implementation Guidance, 

EPA recommends that states follow a 

similar approach for each one of these 

SIP requirements when demonstrating 

attainment of the 2006 24-hour PM2.5

NAAQS. 

Under section 172(a)(2)(A) of the 

CAA, an area’s attainment date would 

be the date by which attainment can be 

achieved as expeditiously as 

practicable, but no later than 5 years 

from the date such area was designated 

nonattainment, except that the 

Administrator may extend the 

attainment date to the extent the 

Administrator determines appropriate, 

for a period no greater than 10 years 

from the date of designation as 

nonattainment. Because the designation 

of nonattainment areas for the 2006 24- 

hour PM2.5 NAAQS became effective on 

December 14, 2009, the presumptive 

five-year attainment date for many areas 

would be no later than December 14, 

2014. The 2006 24-hour PM2.5 NAAQS 

relies on evaluating three full calendar 

years of air quality data to calculate the 

24-hour design value for the area. To 

determine attainment, EPA commonly 

uses the three most recent calendar 

years of complete air quality data that 

are available for the nonattainment area. 

III. What is EPA’s analysis of the 

relevant air quality data? 

Today’s proposed rulemaking action 

determines that the Philadelphia Area 

has attained the 2006 24-hour PM2.5

NAAQS, based on quality assured data 

from 2008–2010 and 2009–2011 

monitoring periods. Under EPA 

regulations at 40 CFR 50.13(c), the 2006 

24-hour primary and secondary PM2.5

standards are met when the 98th 

percentile 24-hour concentration, as 

determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 35 mg/m3. Data handling 

conventions and computations 

necessary for determining whether areas 

have met the PM2.5 NAAQS, including 

requirements for data completeness, are 

listed in appendix N of 40 CFR part 50. 

EPA previously determined that the 

PM2.5 monitoring network for the 

Philadelphia Area is adequate. EPA 

found that the number of monitors in 

the Area meets the minimum regulatory 

requirements given in 40 CFR part 58, 

appendix D, section 4.7, and that the 

monitoring network in place is in 

accordance with the States’ most recent 

annual monitoring network plans 

approved by EPA, as required by 40 CFR 

58.10.3 During the periods of 2008–2010 

and 2009–2011, the Philadelphia Area 

had in place a total of 16 PM2.5

monitoring sites, whose data was 

eligible for comparison to the 2006 24- 

hour PM2.5 NAAQS. 

EPA has reviewed the quality-assured, 

quality-controlled, certified ambient air 

monitoring data recorded in the EPA’s 

Air Quality System (AQS) database for 

PM2.5 for the Philadelphia Area during 

monitoring periods 2008–2010 and 

2009–2011, consistent with the 

requirements contained in 40 CFR part 

50. Preliminary PM2.5 data for 2012, 

which is not yet quality-assured and 

quality-controlled, was also reviewed. 

The 24-hour design values for the 2006 

24-hour PM2.5 NAAQS (i.e., the 3-year 

average of the 98th percentile values of 

24-hour PM2.5 concentrations) for the 

Philadelphia Area for the 2008–2010 

and 2009–2011 monitoring periods are 

provided in Table 1 and Table 2, 

respectively. Table 3 shows the 

preliminary PM2.5 monitoring data 

available to date for 2012. The PM2.5

98th percentile values and 24-hour 

design values for the Philadelphia Area 

can be found at http://www.epa.gov/ 

airtrends/values.html. 

TABLE 1—PHILADELPHIA AREA’S 2008–2010 PM2.5 AIR QUALITY DATA (IN μg/m3) 

State County AQS site ID 

98th percentile value 2 2008–2010 

24-hour design 

value 

Completeness 

status 3

2008 2009 2010 

Delaware ............ New Castle ......... 10–003–1003 * 31.6 23.2 24.3 26 Max quarter. 

Delaware ............ New Castle ......... 10–003–1007 28.1 * 20.6 27.5 25 Max quarter. 

Delaware ............ New Castle ......... 10–003–1012 28.6 23.4 * 24.9 26 Max quarter. 

Delaware ............ New Castle ......... 10–003–2004 34.8 28.4 27.9 30 Complete. 


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TABLE 1—PHILADELPHIA AREA’S 2008–2010 PM2.5 AIR QUALITY DATA (IN μg/m3)—Continued 

State County AQS site ID 

98th percentile value 2 2008–2010 

24-hour design 

value 

Completeness 

status 3

2008 2009 2010 

New Jersey ......... Camden .............. 1 34–007–0003 36.6 — — 37 Incomplete. 

New Jersey ......... Camden .............. 34–007–1007 28.0 25.0 23.4 25 Complete. 

New Jersey ......... Gloucester .......... 34–015–0004 23.9 21.9 * 21.6 22 Max quarter. 

Pennsylvania ...... Bucks ................. 42–017–0012 * 30.9 25.8 28.3 28 Collocated. 

Pennsylvania ...... Chester ............... 42–029–0100 * 32.0 31.1 35.1 33 Incomplete. 

Pennsylvania ...... Delaware ............ 42–045–0002 28.6 27.9 32.8 30 Complete. 

Pennsylvania ...... Montgomery ....... 42–091–0013 23.7 27.2 25.9 26 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0004 34.5 25.9 27.6 29 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0024 30.5 25.5 25.2 27 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0047 32.8 27.2 27.6 29 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0055 34.5 28.6 28.9 31 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0057 32.8 28.3 27.9 30 Complete. 

1The Camden monitor at site 34–007–0003 was shut down September 2008. 

2Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (—) indicates that no data was 

collected during this time. 3This column indicates whether the monitoring data from the monitor meet the completeness requirement (Complete) or not (Incomplete) for 

each quarter of the 3-year period. ‘‘Max quarter’’ denotes that the monitor has incomplete data, but passed the maximum quarter substitution 

test. ‘‘Collocated’’ indicates that the collocated data was substituted for missing data. Guidance on EPA’s substitution tests can be found in 

EPA’s April 1999 document ‘‘Guideline on Data Handling Conventions for the PM NAAQS.’’ 

TABLE 2—PHILADELPHIA AREA’S 2009–2011 PM2.5 AIR QUALITY DATA (IN μg/m3) 

State County AQS site ID 

98th percentile value 1 2009–2011 

24-hour design 

value 

Completeness 

status 2

2009 2010 2011 

Delaware ............ New Castle ......... 10–003–1003 23.2 24.3 * 22.4 23 Max quarter. 

Delaware ............ New Castle ......... 10–003–1007 * 20.6 27.5 21.0 23 Max quarter. 

Delaware ............ New Castle ......... 10–003–1012 23.4 24.9 * 22.2 24 Max quarter. 

Delaware ............ New Castle ......... 10–003–2004 28.4 27.9 24.7 27 Complete. 

New Jersey ......... Camden .............. 34–007–1007 25.0 23.4 24.3 24 Complete. 

New Jersey ......... Gloucester .......... 34–015–0004 21.9 * 21.6 22.2 22 Max quarter. 

Pennsylvania ...... Bucks ................. 42–017–0012 25.8 28.3 29.7 28 Complete. 

Pennsylvania ...... Chester ............... 42–029–0100 31.1 35.1 * 33.8 33 Incomplete. 

Pennsylvania ...... Delaware ............ 42–045–0002 27.9 32.8 28.6 30 Complete. 

Pennsylvania ...... Montgomery ....... 42–091–0013 27.2 25.9 27.6 27 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0004 25.9 27.6 29.6 28 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0024 25.5 25.2 — 25 Incomplete. 

Pennsylvania ...... Philadelphia ........ 42–101–0047 27.2 27.6 27.5 27 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0055 28.6 28.9 30.6 29 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–0057 28.3 27.9 30.5 29 Complete. 

Pennsylvania ...... Philadelphia ........ 42–101–1002 — — 27.5 27 Incomplete. 

1Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (—) indicates that no data was 

collected during this time. 2This column indicates whether the monitoring data from the monitor meet the completeness requirement (Complete) or not (Incomplete) for 

each quarter of the 3-year period. ‘‘Max quarter’’ denotes that the monitor has incomplete data, but passed the maximum quarter substitution 

test. Guidance on EPA’s substitution tests can be found in EPA’s April 1999 document ‘‘Guideline on Data Handling Conventions for the PM 

NAAQS.’’ 

TABLE 3—PHILADELPHIA AREA’S PRELIMINARY 2012 PM2.5 AIR QUALITY DATA (IN μg/m3) 

State County AQS site ID 

2012 98th 

percentile 

value 1

Delaware ....................................................................... New Castle ................................................................... 10–003–1003 20.2 

Delaware ....................................................................... New Castle ................................................................... 10–003–1007 22.7 

Delaware ....................................................................... New Castle ................................................................... 10–003–1012 22.0 

Delaware ....................................................................... New Castle ................................................................... 10–003–2004 23.9 

New Jersey ................................................................... Camden ........................................................................ 34–007–1007 17.5 

New Jersey ................................................................... Gloucester .................................................................... 34–015–0004 21.8 

Pennsylvania ................................................................ Bucks ............................................................................ 42–017–0012 34.9 

Pennsylvania ................................................................ Chester ......................................................................... 42–029–0100 21.0 

Pennsylvania ................................................................ Delaware ....................................................................... 42–045–0002 23.9 

Pennsylvania ................................................................ Montgomery .................................................................. 42–091–0013 21.1 

Pennsylvania ................................................................ Philadelphia .................................................................. 42–101–0004 27.9 

Pennsylvania ................................................................ Philadelphia .................................................................. 42–101–0047 20.0 

Pennsylvania ................................................................ Philadelphia .................................................................. 42–101–0055 19.6 

Pennsylvania ................................................................ Philadelphia .................................................................. 42–101–0057 20.6 


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4EPA’s guidance document is available at http:// 

www.epa.gov/ttn/oarpg/t1/memoranda/ 

pmfinal.pdf. 

TABLE 3—PHILADELPHIA AREA’S PRELIMINARY 2012 PM2.5 AIR QUALITY DATA (IN μg/m3)—Continued 

State County AQS site ID 

2012 98th 

percentile 

value 1

Pennsylvania ................................................................ Philadelphia .................................................................. 42–101–1002 23.4 

1 Monitoring data available to date correspond to the first quarter of 2012, and have not been quality-assured, quality-controlled, or certified. 

The 24-hour design value determined 

for the Philadelphia Area is the highest 

3-year average of the annual 98th 

percentile measured at all the monitors 

in the Area during this time, which 

meets the criteria to be used for 

comparison to the 2006 24-hour PM2.5

NAAQS. Only valid and complete air 

quality data can be used for comparison 

to the 2006 24-hour PM2.5 NAAQS. A 

year meets data completeness 

requirements when at least 75 percent of 

the scheduled sampling days for each 

quarter have valid data. However, years 

are considered valid, notwithstanding 

quarters with less than complete data, if 

the resulting annual 98th percentile 

value or resulting 24-hour standard 

design value is greater than the level of 

the standard. 

EPA addresses missing data from 

monitors not meeting the completeness 

requirement by applying three different 

procedures: Collocated substitution test, 

maximum quarter substitution test 

(‘‘maximum quarter test’’), and EPA’s 

statistical procedure. In the collocated 

substitution test, data from a collocated 

monitor at the site are substituted for 

the missing data. In the maximum 

quarter test, maximum recorded values 

are substituted for the missing data. For 

each substitution test, a 24-hour design 

value is calculated using the substituted 

data and then compared to the 2006 24- 

hour PM2.5 NAAQS. See EPA’s April 

1999 ‘‘Guideline on Data Handling 

Conventions for the PM NAAQS.’’ 4

EPA’s statistical procedure is used when 

a monitor does not pass both of these 

two substitution tests or the incomplete 

monitor is not collocated. This 

procedure is used to determine if the 

incomplete monitor would have 

attained the 2006 24-hour PM2.5 NAAQS 

had it been operated during this time by 

computing a ‘‘diagnostic’’ 24-hour 

design value. 

While most of the PM2.5 monitoring 

data satisfy the data completeness 

requirement, several monitors in the 

Philadelphia Area had incomplete 24- 

hour design values during the 2008– 

2010 and 2009–2011 periods, as 

indicated in Tables 1 and 2. EPA has 

applied the statistical procedure to 

address the missing data of two 

monitors in the Philadelphia Area: Site 

34–007–0003 (Camden monitor) in 

Camden County, New Jersey and site 

42–029–0100 (New Garden monitor) in 

Chester County, Pennsylvania. 

Diagnostic 24-hour design values were 

determined for the Camden monitor for 

2008–2010 and for the New Garden 

monitor for both 2008–2010 and 2009– 

2011 periods. The diagnostic 24-hour 

design values for the New Garden and 

Camden monitors in the Philadelphia 

Area were below the 2006 24-hour PM2.5

NAAQS level of 35 mg/m3 during both 

2008–2010 and 2009–2011. The 

statistical method used to compute 

diagnostic design values was 

successfully used previously for the 

Philadelphia Area determination of 

attainment for the annual 1997 PM2.5

NAAQS (see 77 FR 3223 and 77 FR 

28782). Additional details on the 

statistical method can be found in the 

Technical Support Document (TSD) for 

this action, which is available online at 

www.regulations.gov, Docket ID No. 

EPA–R03–OAR–2012–0371. 

As shown in Table 1, the Camden 

Monitor at site 34–007–0003, located in 

Camden County, was the highest 

reading monitor during 2008–2010. 

However, the 24-hour design value from 

this site reflects incomplete data during 

most of the 2008–2010 monitoring 

period due to the monitor’s shutdown in 

September 2008. This monitor only 

collected data for 3 out of 12 quarters. 

The last valid 24-hour design value at 

site 34–007–0003 was 35 mg/m3 in 

2006–2008, prior to its shutdown. After 

EPA filled in the missing data using its 

statistical procedure, an attaining 24- 

hour design value for the Camden 

monitor of 28 mg/m3 was computed, 

which is below the 2006 24-hour PM2.5

NAAQS of 35 mg/m3. The remaining 

PM2.5 monitors in the Philadelphia area 

showed concentrations below the 2006 

24-hour PM2.5 NAAQS during the 2008– 

2010 monitoring period. As indicated in 

Table 2, all monitors measured 

concentrations averaging below the 24- 

hour PM2.5 NAAQS of 35 mg/m3 during 

2009–2011. The 24-hour design value 

for 2009–2011 for the Philadelphia Area 

is 33 mg/m3 based on monitoring data 

collected by the New Garden monitor at 

site 42–029–0100 in Chester County, 

Pennsylvania. 

EPA’s review of quality-assured, 

quality-controlled, certified ambient air 

monitoring data collected in the 

Philadelphia Area during 2008–2010 

and 2009–2011 indicates that the Area 

has attained the 2006 24-hour PM2.5

NAAQS. Additionally, preliminary 

PM2.5 data available to date for 2012 is 

consistent with continued attainment of 

the 2006 24-hour PM2.5 NAAQS in the 

Philadelphia Area. Additional 

information about the monitoring 

network and air quality data used in this 

determination can be found in the TSD 

for this action, which is available online 

at www.regulations.gov, Docket ID No. 

EPA–R03–OAR–2012–0371. 

IV. What are the effects of this action? 

If EPA’s proposed determination of 

attainment based on quality-assured 

data during 2008–2010 and 2009–2011 

is made final, the requirements for the 

Philadelphia Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 2006 24-hour PM2.5

NAAQS would be suspended for as long 

as the Philadelphia Area continues to 

attain the 2006 24-hour PM2.5 NAAQS. 

Notably, as described below, any such 

determination would not be equivalent 

to the redesignation of the Philadelphia 

Area to attainment for the 2006 24-hour 

PM2.5 NAAQS. If this proposed 

determination is finalized and EPA 

subsequently determines, after noticeand-comment rulemaking in the Federal 

Register, that the Area has violated the 

2006 24-hour PM2.5 NAAQS, the basis 

for the suspension of the specific 

requirements would no longer exist for 

the Philadelphia Area, and the Area 

would thereafter have to address the 

applicable requirements for the 2006 24- 

hour PM2.5 NAAQS. See 40 CFR 

51.1004(c). 

Finalizing this proposed 

determination would not constitute a 

redesignation of the Philadelphia Area 

to attainment of the 2006 24-hour PM2.5

NAAQS under section 107(d)(3) of the 

CAA. Further, finalizing this 

determination would not involve 

approving a maintenance plan for the 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
60094 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Proposed Rules 

5The monitoring data from the 2008–2010 and 

2009–2011 monitoring periods that are relied on in 

this notice may be impacted by reductions 

associated with the Clean Air Interstate Rule 

(CAIR), which is in place only temporarily as it was 

remanded to EPA in 2008. See North Carolina v. 

EPA, 531 F.3d 896, as modified on reh’g, 550 F.3d 

1176 (D.C. Cir. 2008). Nonetheless, because this 

determination addresses only whether the 

monitoring data shows attainment, at this time EPA 

need not address whether such attainment was due 

to the remanded and thus not permanent CAIR. 

Philadelphia Area as required under 

section 175A of the CAA, nor would it 

involve finding that the Area has met all 

other requirements for redesignation 

under the CAA, including that the 

attainment be due to permanent and 

enforceable emission reductions.5 Even 

if EPA finalizes the proposed action, the 

designation status of the Philadelphia 

Area would remain nonattainment for 

the 2006 24-hour PM2.5 NAAQS until 

such time as EPA determines that the 

Area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the Philadelphia 

Area. 

The action described is a proposed 

determination regarding the 

Philadelphia Area’s attainment only 

with respect to the 2006 24-hour PM2.5

NAAQS. Today’s action does not 

address the 1997 annual or 24-hour 

PM2.5 standards. 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 

determination of attainment of the 

Philadelphia Area with respect to the 

2006 24-hour PM2.5 NAAQS does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

determination 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, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: August 23, 2012. 

W.C. Early, 

Regional Administrator, Region III. 

Dated: September 10, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

[FR Doc. 2012–24246 Filed 10–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0422; FRL–9735–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year Inventory 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the fine particulate matter (PM2.5) 2002 

base year emissions inventory portion of 

the West Virginia State Implementation 

Plan (SIP) revision submitted by the 

State of West Virginia (WV), through the 

West Virginia Department of 

Environmental Protection (WVDEP), on 

November 4, 2009 for the Charleston, 

WV nonattainment area (hereafter 

referred to as the Charleston Area or 

Area). The emissions inventory is part 

of the West Virginia November 4, 2009 

SIP revision that was submitted to meet 

nonattainment requirements related to 

the Charleston Area for the 1997 PM2.5

National Ambient Air Quality Standard 

(NAAQS) SIP. EPA is proposing to 

approve the 2002 base year PM2.5

emissions inventory for the Charleston 

Area in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before November 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0422 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0140, 

Donna Mastro, Acting 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–2012– 

0422. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 


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