[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38158-38160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0506; FRL-8938-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Determination of Clean Data for the 1997 
Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Johnstown (Cambria and 
Indiana Counties), Lancaster (Lancaster County), Reading (Berks County) 
and York (York County), Pennsylvania nonattainment areas for the 1997 
fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality 
Standard (NAAQS) have clean data for the 1997 PM<INF>2.5</INF> NAAQS. 
This proposed determination is based upon quality assured, quality 
controlled, and certified ambient air monitoring data showing that 
these areas have monitored attainment of the 1997 PM<INF>2.5</INF> 
NAAQS based on the 2006-2008 data. In addition, quality controlled and 
quality assured monitoring data for 2009 that are available in the EPA 
Air Quality System (AQS) database, but not yet certified, show that 
these areas continue to meet the 1997 PM<INF>2.5</INF> NAAQS. If this 
proposed determination is made final, the requirements for these areas 
to submit an attainment demonstration, associated reasonably available 
measures, a reasonable further progress plan, contingency measures, and 
other planning State Implementation Plans (SIPs) related to attainment 
of the standard shall be suspended for so long as each of these areas 
continue to meet the 1997 PM<INF>2.5</INF> NAAQS.

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0506 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: <a href="/cdn-cgi/l/email-protection#fb9d9e89959a959f9e81d5988992888f92959abb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="610704130f000f05041b4f0213081215080f00210411004f060e17">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2009-0506, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed 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-
2009-0506. 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: Rose Quinto, (215) 814-2182, or by e-
mail at <a href="/cdn-cgi/l/email-protection#a9d8dcc0c7ddc687dbc6dacce9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="0677736f68726928746975634663766728616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. What Is EPA's Proposed Action?
VI. What Are the Statutory and Executive Order Reviews?

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Johnstown, Lancaster, 
Reading and York, Pennsylvania PM<INF>2.5</INF> nonattainment areas 
have clean data for the 1997 PM<INF>2.5</INF> NAAQS. This determination 
is based upon quality assured, quality controlled, and certified 
ambient air monitoring data showing that these areas have monitored 
attainment of the 1997 PM<INF>2.5</INF> NAAQS based on the 2006-2008 
data. In addition, quality controlled and quality assured monitoring 
data for 2009 that are available in the EPA AQS database, but not yet 
certified, show that these areas continue to meet the 1997 
PM<INF>2.5</INF> NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM<INF>2.5</INF> implementation rule (see 40 CFR 51.1004(c)), the 
requirements for the Johnstown, Lancaster, Reading and York, 
Pennsylvania PM<INF>2.5</INF> nonattainment areas to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
any other planning SIPs related to attainment of the 1997 
PM<INF>2.5</INF> NAAQS would be suspended for so long as each area 
continues to meet the 1997 PM<INF>2.5</INF> NAAQS.
    As further discussed below, the proposed determination would: (1) 
For

[[Page 38159]]

the Johnstown, Lancaster, Reading and York, Pennsylvania 
PM<INF>2.5</INF> nonattainment areas, suspend the requirements to 
submit for each area an attainment demonstration, associated reasonably 
available control measures (RACM) (including reasonably available 
control technologies (RACT)), a reasonable further progress (RFP) plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 1997 PM<INF>2.5</INF> NAAQS; (2) continue until such time, if 
any, that EPA subsequently determines that each area have violated the 
1997 PM<INF>2.5</INF> NAAQS; (3) be separate from, and not influence or 
otherwise affect, any future designation determination or requirements 
for the Johnstown, Lancaster, Reading and York, Pennsylvania 
PM<INF>2.5</INF> nonattainment areas based on the 2006 PM<INF>2.5</INF> 
NAAQS; and (4) remain in effect regardless of whether EPA designates 
these areas as nonattainment areas for purposes of the 2006 
PM<INF>2.5</INF> NAAQS. Furthermore, as described below, any such final 
determinations would not be equivalent to the redesignation of these 
areas to attainment based on the 1997 PM<INF>2.5</INF> NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that these 
areas have violated the 1997 PM<INF>2.5</INF> NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist, and these areas would thereafter 
have to address the pertinent requirements.
    The determination that EPA proposes with this Federal Register 
notice, that the air quality data show attainment of the 1997 
PM<INF>2.5</INF> NAAQS, is not equivalent to the redesignation of these 
areas to attainment. This proposed action, if finalized, would not 
constitute a redesignation to attainment under section 107(d)(3) of the 
Clean Air Act (CAA), because we would not yet have an approved 
maintenance plan for these areas as required under section 175A of the 
CAA, nor a determination that these areas have met the other 
requirements for redesignation. The designation status of these areas 
would remain nonattainment for the 1997 PM<INF>2.5</INF> NAAQS until 
such time as EPA determines that these areas meet the CAA requirements 
for redesignation to attainment.
    This proposed action, if finalized, is limited to a determination 
that the Johnstown, Lancaster, Reading and York, Pennsylvania 
PM<INF>2.5</INF> nonattainment areas have clean data for the 1997 
PM<INF>2.5</INF> NAAQS. The 1997 PM<INF>2.5</INF> NAAQS became 
effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR 
50.7. The 2006 PM<INF>2.5</INF> NAAQS, which became effective on 
December 18, 2006 (71 FR 61144) are set forth at 40 CFR section 50.13. 
EPA is currently in the process of making designation determinations, 
as required by CAA section 107(d)(1), for the 2006 PM<INF>2.5</INF> 
NAAQS.
    At this point, EPA has not made any designation determination for 
the Johnstown, Lancaster, Reading and York, Pennsylvania 
PM<INF>2.5</INF> nonattainment areas based on the 2006 PM<INF>2.5</INF> 
NAAQS. This proposed determination, and any final determination, will 
have no effect on, and is not related to, any future designation 
determination that EPA may make based on the 2006 PM<INF>2.5</INF> 
NAAQS for these Pennsylvania PM<INF>2.5</INF> nonattainment areas. 
Conversely, any future designation determination of these Pennsylvania 
PM<INF>2.5</INF> nonattainment areas based on the 2006 PM<INF>2.5</INF> 
NAAQS, will not have any effect on the determination proposed by this 
notice.
    If this proposed determination is made final and the Johnstown, 
Lancaster, Reading and York, Pennsylvania PM<INF>2.5</INF> 
nonattainment areas continue to demonstrate attainment with the 1997 
PM<INF>2.5</INF> NAAQS, the requirements for these Pennsylvania 
PM<INF>2.5</INF> nonattainment areas to submit an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and any other 
planning SIPs related to attainment of the 1997 PM<INF>2.5</INF> NAAQS 
would remain suspended, regardless of whether EPA designates these 
areas as nonattainment areas for purposes of the 2006 PM<INF>2.5</INF> 
NAAQS. Once these areas are designated for the 2006 NAAQS, they will 
have to meet all applicable requirements for that designation.

III. What Is the Background for This Action?

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM<INF>2.5</INF> NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM<INF>2.5</INF> 
concentrations, and a twenty-four hour standard of 65 [mu]g/m\3\ based 
on a 3-year average of the 98th percentile of 24-hour concentrations. 
EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures to particulate matter. The process for 
designating areas following promulgation of a new or revised NAAQS is 
contained in section 107(d)(1) of the CAA. EPA and State air quality 
agencies initiated the monitoring process for the 1997 PM<INF>2.5</INF> 
NAAQS in 1999, and developed all air quality monitors by January 2001. 
On January 5, 2005 (70 FR 944), EPA published its air quality 
designations and classifications for the 1997 PM<INF>2.5</INF> NAAQS 
based upon air quality monitoring data from those monitors for calendar 
years 2001-2003. These designations became effective on April 5, 2005. 
The Johnstown, Lancaster, Reading and York, Pennsylvania nonattainment 
areas were designated nonattainment for the 1997 PM<INF>2.5</INF> NAAQS 
(see 40 CFR part 81).

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    EPA has reviewed the ambient air monitoring data for 
PM<INF>2.5</INF> consistent with the requirements contained in 40 CFR 
part 50 and recorded in the EPA AQS database for the Johnstown, 
Lancaster, Reading and York, Pennsylvania PM<INF>2.5</INF> 
nonattainment areas from 2006 through the present time. On the basis of 
that review, EPA has concluded that these areas meet the 1997 
PM<INF>2.5</INF> NAAQS based on the 2006-2008 data. In addition, 
quality controlled and quality assured monitoring data for 2009 that 
are available in the EPA AQS database, but not yet certified, show that 
these areas continue to attain the 1997 PM<INF>2.5</INF> NAAQS.
    Under EPA regulations at 40 CFR part 50, Sec.  50.7:
    (1) The annual primary and secondary PM<INF>2.5</INF> 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 [mu]g/m<SUP>3</SUP>.
    (2) The 24-hour primary and secondary PM<INF>2.5</INF> 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 
65 [mu]g/m<SUP>3</SUP>.
    Table 1 shows the design values for the 1997 24-hour 
PM<INF>2.5</INF> NAAQS for Johnstown, Lancaster, Reading and York, 
Pennsylvania PM<INF>2.5</INF> nonattainment area monitors for the years 
2006-2008. Table 2 shows the design values for the 1997 annual 
PM<INF>2.5</INF> NAAQS for these same monitors and the same three-year 
period.

[[Page 38160]]



Table 1--Design Values for the 1997 24-Hour PM2.5 NAAQS for Johnstown, Lancaster, Reading and York, Pennsylvania
                                   in Micrograms per Cubic Meter ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                                                                  1997 24-Hour
                           Location                              AQS site ID       attainment       2006-2008
                                                                                    standard      Design values
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Cambria County (Johnstown, PA)...............................      42-021-0011               65               35
Lancaster County (Lancaster, PA).............................      42-071-0007               65               37
Berks County (Reading, PA)...................................      42-011-0011               65               34
York County (York, PA).......................................      42-133-0008               65               35
----------------------------------------------------------------------------------------------------------------


 Table 2--Design Values for the 1997 Annual PM2.5 NAAQS for Johnstown, Lancaster, Reading and York, Pennsylvania
                                   in Micrograms per Cubic Meter ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                                                                  1997 Annual
                           Location                              AQS site ID       attainment       2006-2008
                                                                                    standard      Design values
----------------------------------------------------------------------------------------------------------------
Cambria County (Johnstown, PA)...............................      42-021-0011             15.0             14.4
Lancaster County (Lancaster, PA).............................      42-071-0007             15.0             14.5
Berks County (Reading, PA)...................................      42-011-0011             15.0             13.6
York County (York, PA).......................................      42-133-0008             15.0             14.6
----------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicate that the Johnstown, Lancaster, 
Reading and York, Pennsylvania PM<INF>2.5</INF> nonattainment areas 
have met and continue to meet the 1997 PM<INF>2.5</INF> NAAQS. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action. Please 
note that if EPA receives adverse comment on an amendment, paragraph, 
or section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

V. What Is EPA's Proposed Action?

    EPA is proposing to determine that the Johnstown, Lancaster, 
Reading and York, Pennsylvania nonattainment areas for the 1997 
PM<INF>2.5</INF> NAAQS have clean data for the 1997 PM<INF>2.5</INF> 
NAAQS. As provided in 40 CFR 51.1004(c), if EPA finalizes this 
determination, it would suspend the requirements for these areas to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and any other planning SIPs related to attainment of the 1997 
PM<INF>2.5</INF> NAAQS so long as these areas continue to meet the 1997 
PM<INF>2.5</INF> NAAQS.

VI. What Are the 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 determination of the 
1997 fine particle standard for the Johnstown, Lancaster, Reading and 
York, Pennsylvania PM<INF>2.5</INF> nonattainment areas, 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, Particulate 
matter.

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

    Dated: July 24, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.
[FR Doc. E9-18341 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P


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