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[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20244-20246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07768]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0409; FRL-9797-8]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone 
Standard for the Pittsburgh-Beaver Valley Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two separate and independent determinations 
regarding the Pittsburgh-Beaver Valley 1997 8-hour ozone nonattainment 
area (the Pittsburgh Area). First, EPA is making a determination that 
the Pittsburgh Area attained the 1997 8-hour ozone national ambient air 
quality standard (NAAQS) by the applicable attainment date of June 15, 
2010. This determination is based upon complete, quality assured, and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period showing monitored attainment of the 1997 8-hour ozone NAAQS. 
Second, EPA is making a determination that the Pittsburgh Area is 
attaining the 1997 8-hour ozone NAAQS, based on complete, quality 
assured, and certified ambient air monitoring data for the 2009-2011 
monitoring period, and preliminary data for 2012. This final 
determination suspends the requirement for the Pittsburgh Area to 
submit an attainment demonstration, reasonably available control 
measures (RACM), a reasonable further progress (RFP) plan, and 
contingency measures related to attainment of the 1997 8-hour ozone 
NAAQS for so long as the area continues to attain that NAAQS. These 
determinations do not constitute a redesignation to attainment. The 
Pittsburgh Area will remain designated nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that the Pittsburgh 
Area meets the Clean Air Act (CAA) requirements for redesignation to 
attainment, including an approved maintenance plan. These actions are 
being taken under the CAA.

DATES: This final rule is effective on May 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0409. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection 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: Maria A. Pino, (215) 814-2181, or by 
email at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 10, 2012 (77 FR 73387), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
December 10, 2012 rulemaking action, EPA proposed to determine that the 
Pittsburgh Area attained the 1997 8-hour ozone NAAQS by its attainment 
date, June 15, 2010. EPA also proposed to make a clean data 
determination, finding that the Pittsburgh Area has attained the 1997 
8-hour ozone NAAQS. No comments were received on the December 10, 2012 
NPR.

II. Summary of SIP Revision

    These actions do not constitute a redesignation of the Pittsburgh 
Area to attainment for the 1997 8-hour ozone NAAQS under CAA section 
107(d)(3). Neither determination of attainment involves approving a 
maintenance plan for the Pittsburgh Area, nor determines that the 
Pittsburgh Area has met all the requirements for redesignation under 
the CAA, including that the attainment be due to permanent and 
enforceable measures. Therefore, the designation status of the 
Pittsburgh Area will remain nonattainment for the 1997 8-hour ozone 
NAAQS until such time as EPA takes final rulemaking action to determine 
that the Pittsburgh Area meets the CAA requirements for redesignation 
to attainment.

A. Determination of Attainment by the Attainment Date

    EPA is making a determination that the Pittsburgh Area attained the 
1997 8-hour ozone NAAQS by its applicable attainment date of June 15, 
2010. This determination is based upon complete, quality assured and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period, which is the last full three-year period prior to the June 15, 
2010 attainment date. The 2007-2009 data show that the Pittsburgh Area 
monitored attainment of the 1997 8-hour ozone NAAQS. The effect of a 
final determination of attainment by the Pittsburgh Area's attainment 
date is to discharge EPA's obligation under CAA section 181(b)(2) to 
determine, based on the Pittsburgh Area's air quality as of the 
attainment date, whether the area attained the standard by that date 
and to establish that the Pittsburgh Area will not be reclassified.

B. ``Clean Data'' Determination of Attainment

    EPA is also making a determination that the Pittsburgh Area has 
attained the 1997 8-hour ozone NAAQS. This determination is based upon 
complete, quality assured and certified ambient air monitoring data 
that show the Pittsburgh Area has monitored attainment of the 1997 8-
hour ozone NAAQS for the 2009-2011 monitoring period. Preliminary data 
for 2012 are consistent with continued attainment. Under the provisions 
of EPA's implementation rule for the 1997 8-hour NAAQS (see 40 CFR 
51.918), a final determination of attainment suspends the CAA 
requirements for the Pittsburgh Area to submit an attainment 
demonstration and the associated RFP plan, contingency measures, RACM 
analysis, and any other planning requirements related to attainment of 
the 1997 8-hour ozone NAAQS required for moderate areas under subpart 2 
of the CAA. This suspension would remain in effect until such time, if 
any,

[[Page 20245]]

that EPA (i) redesignates the area to attainment at which time those 
requirements no longer apply, or (ii) subsequently determines, after 
notice-and-comment rulemaking, that the Pittsburgh Area has violated 
the 1997 8-hour ozone NAAQS. This final determination is separate from, 
and does not influence or otherwise affect, any future designation or 
requirements for the Pittsburgh Area based on any new or revised ozone 
NAAQS. It remains in effect regardless of whether EPA designates the 
Pittsburgh Area as a nonattainment area for purposes of any new or 
revised ozone NAAQS.

C. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the 8-hour ozone ambient air quality monitoring data for 
the 2007-2009, 2008-2010, and 2009-2011 monitoring periods for the 
Pittsburgh Area, as recorded in EPA's Air Quality System (AQS) 
database. On the basis of that review, EPA has concluded that the 
Pittsburgh Area attained the 1997 8-hour ozone NAAQS by its attainment 
date, based on data for the 2007-2009 monitoring period. EPA has also 
concluded that the Pittsburgh Area continues to attain, based on data 
for the 2008-2010 and 2009-2011 monitoring periods. Preliminary 2012 
data is consistent with continued attainment.
    In the Technical Support Document (TSD) prepared for this action, 
EPA has evaluated the air quality data for the Pittsburgh Area. EPA's 
review of the data indicates that the Pittsburgh Area has met the 1997 
8-hour ozone NAAQS. For details, please refer to EPA's TSD, which can 
be viewed at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-
2012-0409. The rationale for EPA's action is explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is making two determinations regarding the Pittsburgh Area. 
First, pursuant to section 181(b)(2)(A) of the CAA, EPA is making a 
determination that the Pittsburgh Area has attained the 1997 8-hour 
ozone NAAQS by its moderate area attainment date, June 15, 2010. 
Second, EPA is making a determination that the Pittsburgh Area is 
attaining the 1997 8-hour ozone NAAQS, based on complete, quality 
assured, and certified ambient air monitoring data for the 2009-2011 
monitoring period, and preliminary data for 2012. This final 
determination suspends the requirements for the Pittsburgh Area to 
submit an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and any other planning requirements related to 
attainment of the 1997 8-hours ozone NAAQS for so long as the area 
continues to attain the 1997 8-hour ozone NAAQS. These determinations 
do not constitute a redesignation to attainment. The Pittsburgh Area 
will remain designated nonattainment for the 1997 8-hour ozone NAAQS 
until such time as EPA determines that the Pittsburgh Area meets the 
CAA requirements for redesignation to attainment, including an approved 
maintenance plan.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes determinations of attainment based on air 
quality, will result in the suspension of certain Federal requirements 
and/or will not impose any additional requirements beyond those imposed 
by state law. 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, this rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 3, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This determination that the Pittsburgh Area has attained the 
1997 8-hour ozone NAAQS may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone.

    Dated: March 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

[[Page 20246]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. Section 52.2037 is amended by adding paragraph (s) to read as 
follows:

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (s) Determination of attainment. EPA has determined, as of April 4, 
2013, that based on 2009 to 2011 ambient air quality data, the 
Pittsburgh-Beaver Valley, PA moderate nonattainment area has attained 
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
This determination, in accordance with 40 CFR 51.918, suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 1997 8-hour ozone NAAQS.

0
3. Section 52.2056 is amended by adding paragraph (i) to read as 
follows:

Sec.  52.2056  Determinations of attainment.

* * * * *
    (i) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, the Pittsburgh-Beaver Valley, PA moderate 
nonattainment area has attained the 1997 8-hour ozone NAAQS by the 
applicable attainment date of June 15, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 181(b)(2)(A) 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 Pittsburgh-Beaver 
Valley, PA moderate nonattainment area will not be reclassified for 
failure to attain by its applicable attainment date pursuant to section 
181(b)(2)(A).

[FR Doc. 2013-07768 Filed 4-3-13; 8:45 am]
BILLING CODE 6560-50-P
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