6590 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules 

Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the submission 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the West Virginia program. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We would 

appreciate all comments relating to this 

specific issue, but those most useful and 

likely to influence decisions on the final 

rule will be those that either involve 

personal experience or include citations 

to and analysis of the Surface Mining 

Control and Reclamation Act of 1977, its 

legislative history, its implementing 

regulations, case law, other State or 

Federal laws and regulations, data, 

technical literature, or other relevant 

publications. Specifically, we are asking 

for comments solely on the State’s 

proposed program amendments at 

subsection 7.8 to change the term ‘‘biooil’’ to ‘‘bio-fuel.’’ 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: October 20, 2010. 

Michael K. Robinson, 

Acting Regional Director, Appalachian 

Region. 

[FR Doc. 2011–1512 Filed 2–4–11; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–0662; FRL–9262–5] 

Disapproval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana—Air 

Quality, Subchapter 7, Subchapter 16 

and Subchapter 17 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of the 

comment period. 

SUMMARY: EPA is extending the 

comment period for a proposed rule 

which published on January 6, 2011 (76 

FR 758). In the 76 FR 758 Federal 

Register, EPA proposed to disapprove 

the revisions and new rules as 

submitted by the State of Montana on 

October 16, 2006 and November 1, 2006. 

EPA found that these revisions and new 

rules, pertaining to the regulation of oil 

and gas well facilities and applicability 

to Montana’s air quality permitting 

requirements, do not meet the 

requirements of the Clean Air Act and 

EPA’s Minor New Source Review (NSR) 

regulations. The 76 FR 758 Federal 

Register also stated that comments must 

be received on or before February 7, 

2011. EPA is extending the comment 

period through February 28, 2011, due 

to a request from several commenters for 

an extension. 

DATES: Comments must be received on 

or before February 28, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2007–0662, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• E-mail: leone.kevin@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop St., Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, Mail 

Code 8P–AR, 1595 Wynkoop St., 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

• For additional information on 

submitting comments, see the January 6, 

2011 (76 FR 758) proposed rule. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mail Code 

8P–AR, Environmental Protection 

Agency (EPA), Region 8, 1595 Wynkoop 

St., Denver, Colorado 80202–1129, 

phone (303) 312–6227, or e-mail 

leone.kevin@epa.gov. 

Dated: January 27, 2011. 

Carol Rushin, 

Deputy Regional Administrator, Region 8. 

[FR Doc. 2011–2607 Filed 2–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–1082; FRL–9262–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment for the Pittsburgh-Beaver 

Valley 8-Hour Ozone Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make a 

determination that the PittsburghBeaver Valley 8-hour ozone 

nonattainment area (the Pittsburgh 

Area) has attained the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS). This proposed 

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 2007 to 2009 

monitoring period. Preliminary air 

quality monitoring data available for 

2010 are consistent with continued 

attainment. If this proposed 

determination is made final, the 

requirement for the Commonwealth of 

Pennsylvania to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for the Pittsburgh Area shall be 

suspended for as long as the 

nonattainment area continues to meet 

the 1997 8-hour ozone NAAQS. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 9, 2011. 


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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Proposed Rules 6591 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–1082 by one of the 

following methods 

A. www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–1082, 

Cristina Fernandez, Associate Director, 

Office of Air Quality 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– 

1082. 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. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

detailed information regarding this 

proposal, EPA prepared a Technical 

Support Document (TSD). The TSD can 

be viewed at http:// 

www.regulations.gov. The following 

outline is provided to aid in locating 

information in this action. 

I. What is EPA proposing? 

II. What is the background for this action? 

III. What is the effect of this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What is EPA proposing? 

EPA is proposing to determine that 

the Pittsburgh Area has attained the 

1997 8-hour ozone NAAQS. The 

Pittsburgh Area is comprised of 

Allegheny, Armstrong, Beaver, Butler, 

Fayette, Washington, and Westmoreland 

Counties in Pennsylvania. EPA’s 

determination is based upon complete, 

quality assured, quality controlled, and 

certified ambient air quality monitoring 

data for the years 2007 to 2009 showing 

that the Pittsburgh Area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS. Preliminary air quality 

monitoring data available for 2010 are 

consistent with continued attainment. 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075 parts per 

million (ppm). On January 6, 2010, EPA 

again addressed this 2008 revised 

standard and proposed to set the 

primary 8-hour ozone standard within 

the range of 0.060 to 0.070 ppm, rather 

than at 0.075 ppm. EPA is working to 

complete reconsideration of the 

standard and thereafter will proceed 

with attainment/nonattainment area 

designations. This proposed rulemaking 

relates only to a determination of 

attainment for the 1997 8-hour ozone 

standard and is not affected by the 

ongoing process of reconsidering the 

revised 2008 standard. This action 

addresses only the 1997 8-hour ozone 

standard of 0.08 ppm, and does not 

address any subsequently revised 8- 

hour ozone standard. 

II. What is the background for this 

action? 

A. The Pittsburgh Area 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 ppm 

averaged over an 8-hour time frame. 

EPA set the 8-hour ozone standard 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower ozone 

concentrations and over longer periods 

of time, than was understood when the 

pre-existing 1-hour ozone standard was 

set. EPA determined that the 8-hour 

standard would be more protective of 

human health, especially children and 

adults who are active outdoors, and 

individuals with a pre-existing 

respiratory disease, such as asthma. 

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. Determination of Attainment 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

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 is not equivalent to a 

redesignation. The state must still meet 

the statutory requirements for 

redesignation in order to be 

redesignated to attainment. 

C. Ambient Air Quality Monitoring Data 

Complete, quality assured, certified 8- 

hour ozone air quality monitoring data 

for 2007 through 2009, as well as 

preliminary data available to date for 

2010, show that the Pittsburgh Area has 

attained the 1997 8-hour ozone NAAQS. 

III. What is the effect of this action? 

As noted, if the proposed action is 

finalized, under 40 CFR section 51.918 

it will suspend the obligation to submit 


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certain planning requirements described 

above; however, it will 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 

EPA is proposing to determine that 

the Pittsburgh Area is attaining the 1997 

8-hour ozone NAAQS. In accordance 

with 40 CFR 51.918, if EPA finalizes 

this determination, the obligation under 

the CAA for the Commonwealth of 

Pennsylvania to submit an attainment 

demonstration and RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for the Pittsburgh Area would 

be suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. Although these 

requirements are suspended, EPA is not 

precluded from acting upon these 

elements, if Pennsylvania submits them 

for EPA review and approval. 

If finalized, the proposed 

determination will: 

(1) Suspend the requirements to 

submit an attainment demonstration, 

RACM, RFP plan, contingency 

measures, and any other planning 

requirements related to attainment of 

the 1997 8-hour ozone NAAQS; 

(2) Continue 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 that the area 

has violated the 1997 8-hour ozone 

NAAQS; 

(3) Be separate from, and not 

influence or otherwise affect, any future 

designation determination or 

requirements for the area based on any 

new or revised ozone NAAQS; and 

(4) Remain in effect regardless of 

whether EPA designates this area as a 

nonattainment area for purposes of any 

new or revised ozone NAAQS. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking, that 

the Pittsburgh Area has violated the 

1997 8-hour ozone NAAQS, the basis for 

the suspension of the specific 

requirements, set forth at 40 CFR 

51.918, would no longer exist, and the 

Pittsburgh Area would thereafter have to 

address applicable requirements. 

B. Subpart 1 Designation 

Under the implementation rule for the 

1997 8-hour ozone standard, 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 standard. In June 

2007, the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit Court) vacated the 

portion of the 1997 ozone 

implementation rule that allowed areas 

to be designated under subpart 1. On 

January 16, 2009 (74 FR 2936), EPA 

published a proposed rule to address, 

among other issues, the D.C. Circuit 

Court vacatur of the classification 

system that EPA used to designate a 

subset of initial 1997 8-hour ozone 

nonattainment areas under subpart 1. In 

that rulemaking, EPA proposed that all 

areas designated nonattainment for the 

1997 8-hour ozone NAAQS under 

subpart 1 would be classified as subpart 

2 areas (hereafter referred to as the 

‘‘Subpart 1/Subpart 2 1997 8-Hour 

Ozone Rulemaking’’). The Pittsburgh 

Area is among those areas that would be 

classified under subpart 2 if EPA’s 

proposal is finalized. EPA has not yet 

completed its final rulemaking action 

for the Subpart 1/Subpart 2 1997 8-Hour 

Ozone Rulemaking. When the Subpart 

1/Subpart 2 1997 8-Hour Ozone 

Rulemaking is finalized, and if the 

Pittsburgh Area continues in attainment 

for the 1997 8-hour ozone NAAQS, EPA 

will address in a future rulemaking the 

consequences of a determination of 

attainment for any requirements to 

which the Pittsburgh Area becomes 

subject as a result of its reclassification. 

If, after the Pittsburgh Area is classified 

under subpart 2, EPA determines in a 

future rulemaking that the Pittsburgh 

Area continues 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. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

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. This 3- 

year average is referred to as the design 

value. When the design value is less 

than or equal to 0.084 ppm (based on 

the rounding convention in 40 CFR part 

50, appendix I) at each monitoring site 

within the area, then the area is meeting 

the NAAQS. 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 

Appendix I of 40 CFR Part 50. 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the ozone ambient air 

monitoring data for the monitoring 

period from 2007 through 2009 for the 

Pittsburgh Area, as recorded in the EPA 

Air Quality System (AQS) database. On 

the basis of that review, EPA has 

concluded that this area attained the 

1997 8-hour ozone NAAQS based on 

data for the 2007-2009 ozone seasons. 

Table 1 shows the ozone design values 

for the Pittsburgh Area monitors based 

on 2007–2009 ambient air quality 

monitoring data. Preliminary data 

available for 2010, summarized in Table 

2, are also consistent with continued 

attainment. 

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 

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 


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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) 

421255001 95 0.072 

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

421290008 99 0.072 

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

County Monitor ID 2008–2010 Average 

% data completeness 

Preliminary 2008– 

2010 Design value 

(ppm) 

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

420030010 96 0.072 

420030067 99 0.074 

420031005 99 0.082 

Armstrong ................................................................................................ 420050001 100 0/076 

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

420070005 96 0.073 

420070014 95 0.072 

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

421250200 99 0.068 

421255001 94 0.071 

Westmoreland .......................................................................................... 421290006 99 0.069 

421290008 98 0.072 

EPA’s review of the data indicates 

that the Pittsburgh Area has met the 

1997 8-hour ozone NAAQS. Additional 

information on air quality data for the 

Pittsburgh Area can be found in the 

TSD. 

V. Proposed Action 

EPA is proposing to determine that 

the Pittsburgh Area has attained the 

1997 8-hour ozone NAAQS based on 

2007–2009 complete, quality-assured, 

and certified ambient air quality 

monitoring data. Preliminary data 

available to date for 2010 are consistent 

with continued attainment. As provided 

in 40 CFR 51.918, if EPA finalizes this 

determination, it would suspend the 

requirements for the Commonwealth of 

Pennsylvania to submit, for the 

Pittsburgh Area, 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 as long as the area continues to 

attain the 1997 8-hour ozone NAAQS. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and would 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 that the Pittsburgh Area 

has attained the1997 8-hour ozone 

NAAQS 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, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements. 

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

Dated: January 24, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–2605 Filed 2–4–11; 8:45 am] 

BILLING CODE 6560–50–P 


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