```

[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60089-60094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24246]

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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.

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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-

[[Page 60090]]

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 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-
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 V[eacute]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.
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    \1\ The 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.
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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 ([mu]g/m\3\) 
(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 [mu]g/m\3\ 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

[[Page 60091]]

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.
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    \2\ EPA'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.
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    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 [mu]g/m\3\. 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.
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    \3\ Separate 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).
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    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 [micro]g/m\3\)
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                                                                                 98th percentile value \2\             2008-2010 24-
              State                     County          AQS site ID  ------------------------------------------------   hour design      Completeness
                                                                           2008            2009            2010            value          status \3\
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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.

[[Page 60092]]

 
New Jersey......................  Camden............     \1\ 34-007-            36.6              --              --              37  Incomplete.
                                                                0003
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.
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\1\ The Camden monitor at site 34-007-0003 was shut down September 2008.
\2\ Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (--) indicates that no data was
  collected during this time.
\3\ This 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 [micro]g/m\3\)
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                                                                                 98th percentile value \1\             2009-2011 24-
              State                     County          AQS site ID  ------------------------------------------------   hour design      Completeness
                                                                           2009            2010            2011            value          status \2\
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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.
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\1\ Annual 98th percentile values not meeting the completeness criteria are marked with an asterisk (*). The dash (--) indicates that no data was
  collected during this time.
\2\ This 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 [micro]g/m\3\)
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                                                                                                     2012 98th
                     State                                   County                 AQS site ID     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

[[Page 60093]]

 
Pennsylvania..................................  Philadelphia....................     42-101-1002            23.4
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\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.
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    \4\ EPA's guidance document is available at http:// www.epa.gov/ttn/oarpg/t1/memoranda/pmfinal.pdf.
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    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 [mu]g/
m\3\ 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 [micro]g/m\3\ 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 [mu]g/m\3\ was computed, which is below the 2006 24-hour 
PM2.5 NAAQS of 35 [micro]g/m\3\. 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 [mu]g/m\3\ during 2009-2011. The 24-hour design value for 
2009-2011 for the Philadelphia Area is 33 [mu]g/m\3\ 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 
notice-and-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

[[Page 60094]]

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.
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    \5\ The 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.
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    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
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