Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 73387 

SUMMARY: EPA proposes to approve the 

fine particulate matter (PM2.5) 2002 base 

year emissions inventory portion of the 

State of Maryland State Implementation 

Plan (SIP) revision submitted by the 

State of Maryland, through the 

Maryland Department of the 

Environment (MDE), on June 6, 2008 for 

Baltimore, Maryland. In the Final Rules 

section of this Federal Register, EPA is 

approving the State’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

more detailed description of the State 

submittal and EPA’s evaluation is 

included in a Technical Support 

Document (TSD) prepared in support of 

this rulemaking action. A copy of the 

TSD is available, upon request, from the 

EPA Regional Office listed in the 

ADDRESSES section of this document. If 

no adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by January 9, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0143 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

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

C. Mail: EPA–R03–OAR–2010–0143, 

Donna Mastro, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0143. 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. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: November 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–29608 Filed 12–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0409; FRL–9759–8] 

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: Proposed rule. 

SUMMARY: EPA is proposing to make two 

separate and independent 

determinations regarding the PittsburghBeaver Valley 1997 8-hour ozone 

nonattainment area (the Pittsburgh 

Area). First, EPA is proposing to 

determine 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 proposal 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 proposing to determine 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 

available preliminary data for 2012. If 

finalized, this determination would 

suspend 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: Written comments must be 

received on or before January 9, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID EPA–R03–OAR– 

2012–0409 by one of the following 

methods: 

mstockstill on DSK4VPTVN1PROD with 

73388 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

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

C. Mail: EPA–R03–OAR–2012–0409, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0409. 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: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this action. 

I. Background 

II. Summary of Proposed Actions 

III. EPA’s Analysis of the Relevant Air 

Quality Data 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. The Pittsburgh Area 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame. On April 30, 2004 

(69 FR 23951), EPA finalized its 

attainment/nonattainment designations 

for areas across the country with respect 

to the 8-hour ozone standard. These 

actions became effective on June 15, 

2004. Among those nonattainment areas 

is the Pittsburgh Area, which includes 

Allegheny, Armstrong, Beaver, Butler, 

Fayette, Washington, and Westmoreland 

Counties in Pennsylvania. See 40 CFR 

81.339. 

B. Classification Under Subpart 2 

Under the implementation rule for the 

1997 8-hour ozone NAAQS, EPA 

designated certain areas under title I, 

part D, subpart 1 of the CAA (subpart 1) 

if they had a 1-hour design value below 

0.121 ppm. In June 2004, EPA 

designated the Pittsburgh Area 

nonattainment under subpart 1 for the 

1997 8-hour ozone NAAQS. In June 

2007, the United States Court of 

Appeals for the District of Columbia 

Circuit (DC Circuit Court) vacated the 

portion of the 1997 ozone 

implementation rule that allowed areas 

to be designated under subpart 1. On 

April 27, 2012, EPA finalized revisions 

to the 2004 rule that specified the first 

phase of requirements to meet the 1997 

8-hour NAAQS (Phase 1 

Implementation Rule). The revisions to 

the Phase 1 Implementation Rule are 

EPA’s response to a December 22, 2006 

decision by the DC Circuit Court in 

South Coast Air Quality Management 

Dist. v. EPA, 472 F.3d 882 (DC Cir. 

2006) and were effective on June 13, 

2012 (77 FR 28424). As a result of this 

action, the CAA classifications for 16 

nonattainment areas, including the 

Pittsburgh Area, were revised for the 

1997 8-hour ozone NAAQS. The areas 

were originally classified under the 

more general subpart 1 provisions of the 

CAA. Through this rulemaking, the 

areas were classified as marginal or 

moderate under the ozone-specific 

subpart 2 provisions of the CAA, 

depending on their design values at the 

time of the original designations in 

April 2004. The Pittsburgh Area was 

classified as moderate. Moderate areas 

are required to attain the 1997 8-hour 

ozone NAAQS by June 15, 2010. 

C. Previous Determination of 

Attainment 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR section 

51.918), if EPA issues a determination 

that an area is attaining the relevant 

standard (through a rulemaking that 

includes public notice and comment), it 

will suspend the area’s obligations to 

submit an attainment demonstration, 

RACM, RFP, contingency measures, and 

other planning requirements related to 

attainment for as long as the area 

continues to attain. The determination 

of attainment, also known as a ‘‘clean 

data’’ determination, is not equivalent to 

a redesignation. The state must still 

meet the statutory requirements for 

redesignation in order to be 

redesignated to attainment. 

On May 31, 2011, EPA published a 

final determination that the Pittsburgh 

Area had attained the 1997 8-hour 

ozone NAAQS. (76 FR 31237). That 

determination was 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 2007 to 2009 monitoring 

period. In accordance with EPA’s 

applicable ozone implementation rule, 

that determination suspended the 

obligation of the Commonwealth of 

Pennsylvania to submit an attainment 

demonstration and associated RACM 

analysis, RFP plan, contingency 

measures, and other planning 

requirements related to attainment of 

the 1997 8-hour ozone NAAQS for the 

Pittsburgh Area required under subpart 

1 of the CAA for as long as the 

Pittsburgh Area continues to meet the 

1997 8-hour ozone NAAQS. That 

determination of attainment was not 

equivalent to a redesignation to 

attainment. The Commonwealth must 

still meet the statutory requirements for 

redesignation in order to be 

redesignated to attainment. 

In its May 31, 2011 final rulemaking 

action, EPA explained that when the 

Pittsburgh Area was reclassified under 

subpart 2, EPA would address in a 

separate rulemaking the consequences 

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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 73389 

of a determination of attainment for any 

requirements to which the Pittsburgh 

Area became subject as a result of its 

reclassification. If EPA subsequently 

determined in that rulemaking action 

that the Pittsburgh Area continued to be 

in attainment, then the obligation to 

submit the applicable attainment-related 

requirements for its new classification 

would be suspended in accordance with 

40 CFR 51.918. (76 FR 76929). As 

previously discussed, the Pittsburgh 

Area was reclassified under subpart 2, 

effective June 13, 2012. Therefore, 

today’s proposed rulemaking addresses 

the Pittsburgh Area’s obligations under 

its new moderate classification. 

D. Requirement To Determine 

Attainment by the Attainment Date 

Under CAA section 181(b)(2), EPA is 

required to determine whether a 

nonattainment area attained the 1997 

8-hour ozone NAAQS by its applicable 

attainment date, and to publish that 

determination in the Federal Register. If 

EPA determines that an area failed to 

attain the ozone NAAQS by its 

attainment date, the area is reclassified 

to a higher classification. 

E. Ambient Air Quality Monitoring Data 

Complete, quality assured, certified 8- 

hour ozone air quality monitoring data 

for the 2007–2009, 2008–2010, and 

2009–2011 monitoring periods for the 

Pittsburgh Area, as recorded in the EPA 

Air Quality System (AQS) database 

show that the Pittsburgh Area has 

attained the 1997 8-hour ozone NAAQS. 

Preliminary data available to date for 

2012 is consistent with continued 

attainment. 

II. Summary of Proposed Actions 

These actions do not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA. The 

designation status of the Pittsburgh Area 

will remain nonattainment for the 1997 

8-hour ozone NAAQS until such time as 

EPA determines that the area meets the 

CAA requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

A. Determination of Attainment by the 

Attainment Date 

EPA is proposing to make 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 would be 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 proposing to make 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 

available 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 would suspend 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, 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 would be 

separate from, and would 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. 

III. 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 the 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. 

Under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained at a site when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations at an ozone monitor is 

less than or equal to 0.08 ppm (i.e., 

0.084 ppm, based on the rounding 

convention in 40 CFR part 50, appendix 

I). This 3-year average is referred to as 

the design value. When the design value 

is less than or equal to 0.084 ppm at 

each monitoring site within the area, 

then the area is meeting the NAAQS. 

Also, the data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90%, 

and no single year has less than 75% 

data completeness as determined in 

accordance with appendix I of 40 CFR 

part 50. 

Tables 1, 2, and 3 below show the 

ozone design values for each monitor in 

the Pittsburgh Area for the years 2007– 

2009, 2008–2010, and 2009–2011, 

respectively. All design values are 

below 0.084 ppm, and all monitors meet 

the data completeness requirements. 

Therefore, EPA finds that the Pittsburgh 

Area attained the 1997 8-hour ozone 

NAAQS, considering 2007–2009, 2008– 

2010, and 2009–2011 data. 

TABLE 1—2007–2009 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES

County Monitor ID 

2007–2009 

Average % 

data completeness 

2007–2009 

Design value 

(ppm) 

Allegheny ............................................................................................................. 420030008 99 0.077 

420030010 99 0.074 

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73390 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 

TABLE 1—2007–2009 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES—Continued 

County Monitor ID 

2007–2009 

Average % 

data completeness 

2007–2009 

Design value 

(ppm) 

420030067 98 0.073 

420031005 97 0.082 

Armstrong ............................................................................................................ 420050001 100 0.077 

Beaver .................................................................................................................. 420070002 97 0.073 

420070005 97 0.071 

420070014 100 0.073 

Washington .......................................................................................................... 421250005 99 0.072 

421250200 100 0.068 

421255001 95 0.072 

Westmoreland ...................................................................................................... 421290006 100 0.071 

421290008 99 0.072 

TABLE 2—2008–2010 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES

County Monitor ID 

2008–2010 

Average % 

data completeness 

2008–2010 

Design value 

(ppm) 

Allegheny ............................................................................................................. 420030008 98 0.076 

420030010 96 0.071 

420030067 99 0.074 

420031005 99 0.081 

Armstrong ............................................................................................................ 420050001 100 0.076 

Beaver .................................................................................................................. 420070002 97 0.071 

420070005 96 0.073 

420070014 95 0.071 

Washington .......................................................................................................... 421250005 99 0.070 

421250200 99 0.068 

421255001 94 0.071 

Westmoreland ...................................................................................................... 421290006 99 0.068 

421290008 98 0.072 

TABLE 3—2009–2011 PITTSBURGH AREA 8-HOUR OZONE DESIGN VALUES

County Monitor ID 

2009–2011 

Average % 

data completeness 

2009–2011 

Design value 

(ppm) 

Allegheny ............................................................................................................. 420030008 98 0.074 

420030010 95 0.071 

420030067 99 0.075 

420031005 99 0.080 

Armstrong ............................................................................................................ 420050001 100 0.073 

Beaver .................................................................................................................. 420070002 97 0.069 

420070005 98 0.072 

420070014 94 0.071 

Washington .......................................................................................................... 421250005 99 0.069 

421250200 99 0.068 

421255001 96 0.069 

Westmoreland ...................................................................................................... 421290006 99 0.068 

421290008 98 0.069 

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. 

IV. Proposed Actions 

EPA is proposing to make two 

determinations regarding the Pittsburgh 

Area. First, pursuant to section 

181(b)(2)(A) of the CAA, EPA is 

proposing to determine that the 

Pittsburgh Area attained the 1997 8- 

hour ozone NAAQS by its applicable 

attainment date, June 15, 2010. This 

proposed determination is based upon 

complete, quality assured, and certified 

ambient air monitoring data for the 

2007–2009 monitoring period. The 

effect of a final determination would be 

that: (i) 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; 

and (ii) the Pittsburgh Area would not 

be reclassified for failure to attain by its 

applicable attainment date. Second, 

EPA is proposing to make a 

determination that the Pittsburgh Area 

has attained the 1997 8-hour ozone 

NAAQS. This proposed ‘‘clean data’’ 

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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Proposed Rules 73391 

1The monitoring data from the 2007–2009, 2008– 

2010, and 2009–2011 monitoring periods that is 

relied on in this notice may be impacted by 

reductions associated with the Clean Air Interstate 

Rule (CAIR), which was remanded to EPA in 2008. 

North Carolina v. EPA, 531 F.3d 896, as modified 

on reh’g, 550 F.3d 1176 (DC Cir. 2008). Nonetheless, 

because this action addresses only whether the 

monitoring data shows attainment, EPA need not 

address at this time whether such attainment was 

due to the remanded CAIR. 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data that show the area 

has monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2009–2011 

monitoring period. Available 

preliminary 2012 data is consistent with 

continued attainment. Pursuant to 40 

CFR 51.918, if this clean data 

determination is finalized, it would 

suspend 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-hour ozone 

NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. 

Finalizing both of these 

determinations or either of them would 

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.1 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. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before EPA takes final action. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make 

determinations based on air quality, and 

would, if finalized, result in the 

suspension of certain federal 

requirements, and/or would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these proposed actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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, these proposed 

determinations that the Pittsburgh Area 

attained the 1997 8-hour ozone NAAQS 

do not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the determinations do not 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, Ozone, Reporting and 

recordkeeping requirements. 

Dated: November 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–29790 Filed 12–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0732; FRL–9739–4] 

Approval of Air Quality Implementation 

Plans; California; Eastern Kern, 

Imperial County, Placer County, and 

Yolo-Solano; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing approval of 

revisions to the California State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA or Act). EPA is 

proposing approval of four permitting 

rules submitted for the Eastern Kern Air 

Pollution Control District (EKAPCD), 

Imperial County Air Pollution Control 

District (ICAPCD), Placer County Air 

Pollution Control District (PCAPCD), 

and Yolo-Solano Air Quality 

Management District (YSAQMD) 

portions of the California SIP. The State 

of California is required under Part C of 

title I of the Act to adopt and implement 

a SIP-approved Prevention of 

Significant Deterioration (PSD) permit 

program. We are proposing to revise the 

SIP to incorporate EKAPCD Rule 

210.4—Prevention of Significant 

Deterioration, ICAPCD Rule 904— 

Prevention of Significant Deterioration 

(PSD) Permit Program, PCAPCD Rule 

518—Prevention of Significant 

Deterioration (PSD) Permit Program, and 

YSAQMD Rule 3.24—Prevention of 

Significant Deterioration. The approval 

of these rules would establish a PSD 

permit program in each District for preconstruction review of certain new and 

modified major stationary sources in 

attainment or unclassifiable areas. We 

are soliciting comments on this 

proposal. In the ‘‘Rules’’ section of this 

Federal Register, we are approving 

these California SIP revisions as a direct 

final rule without a prior proposed rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule, or 

the relevant provisions of the rule, will 

not take effect, and all public comments 

received will be addressed in any 

subsequent final rule based on this 

proposed rule. 

DATES: Any comments must be 

submitted no later than January 9, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

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