38158 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 

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: July 23, 2009. 

Judith M. Katz, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–18393 Filed 7–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) have clean data for the 1997 

PM2.5 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 PM2.5 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 PM2.5 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 PM2.5 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: 

fernandez.cristina@epa.gov. 

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 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–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 

quinto.rose@epa.gov. 

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 PM2.5

nonattainment areas have clean data for 

the 1997 PM2.5 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 PM2.5 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 PM2.5

NAAQS. 

II. What Is the Effect of This Action? 

If this determination is made final, 

under the provisions of EPA’s PM2.5

implementation rule (see 40 CFR 

51.1004(c)), the requirements for the 

Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

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 PM2.5 NAAQS would be 

suspended for so long as each area 

continues to meet the 1997 PM2.5

NAAQS. 

As further discussed below, the 

proposed determination would: (1) For 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 38159 

the Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

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 PM2.5 NAAQS; (2) continue 

until such time, if any, that EPA 

subsequently determines that each area 

have violated the 1997 PM2.5 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 PM2.5 nonattainment areas 

based on the 2006 PM2.5 NAAQS; and 

(4) remain in effect regardless of 

whether EPA designates these areas as 

nonattainment areas for purposes of the 

2006 PM2.5 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 PM2.5

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 PM2.5 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 PM2.5 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 PM2.5

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 PM2.5

nonattainment areas have clean data for 

the 1997 PM2.5 NAAQS. The 1997 PM2.5

NAAQS became effective on July 18, 

1997 (62 FR 36852) and are set forth at 

40 CFR 50.7. The 2006 PM2.5 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 PM2.5

NAAQS. 

At this point, EPA has not made any 

designation determination for the 

Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

nonattainment areas based on the 2006 

PM2.5 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 PM2.5 NAAQS 

for these Pennsylvania PM2.5

nonattainment areas. Conversely, any 

future designation determination of 

these Pennsylvania PM2.5 nonattainment 

areas based on the 2006 PM2.5 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 PM2.5 nonattainment areas 

continue to demonstrate attainment 

with the 1997 PM2.5 NAAQS, the 

requirements for these Pennsylvania 

PM2.5 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 PM2.5 NAAQS would remain 

suspended, regardless of whether EPA 

designates these areas as nonattainment 

areas for purposes of the 2006 PM2.5

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 PM2.5

NAAQS at 15.0 micrograms per cubic 

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

of annual mean PM2.5 concentrations, 

and a twenty-four hour standard of 65 

μg/m3 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 PM2.5 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 PM2.5 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 

PM2.5 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 PM2.5 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 PM2.5 nonattainment areas 

from 2006 through the present time. On 

the basis of that review, EPA has 

concluded that these areas meet the 

1997 PM2.5 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 PM2.5

NAAQS. 

Under EPA regulations at 40 CFR part 

50, § 50.7: 

(1) The annual primary and secondary 

PM2.5 standards are met when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 

CFR Part 50, Appendix N, is less than 

or equal to 15.0 μg/m3. 

(2) The 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 65 

μg/m3. 

Table 1 shows the design values for 

the 1997 24-hour PM2.5 NAAQS for 

Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

nonattainment area monitors for the 

years 2006–2008. Table 2 shows the 

design values for the 1997 annual PM2.5

NAAQS for these same monitors and the 

same three-year period. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
38160 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 

TABLE 1—DESIGN VALUES FOR THE 1997 24-HOUR PM2.5 NAAQS FOR JOHNSTOWN, LANCASTER, READING AND YORK, 

PENNSYLVANIA IN MICROGRAMS PER CUBIC METER (μg/m3) 

Location AQS site ID 

1997 24-Hour 

attainment 

standard 

2006–2008 

Design values 

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 (μg/m3) 

Location AQS site ID 

1997 Annual 

attainment 

standard 

2006–2008 

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 PM2.5

nonattainment areas have met and 

continue to meet the 1997 PM2.5

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 PM2.5 NAAQS have clean 

data for the 1997 PM2.5 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 PM2.5

NAAQS so long as these areas continue 

to meet the 1997 PM2.5 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: 

• 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 determination of the 

1997 fine particle standard for the 

Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS