20244 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

Dated: March 28, 2013, Washington, DC. 

Tracie L. Stevens, 

Chairwoman. 

Daniel J. Little, 

Associate Commissioner. 

[FR Doc. 2013–07621 Filed 4–3–13; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

30 CFR Part 1206 

Product Valuation 

CFR Correction 

In FR Doc. 2013–07512, appearing on 

page 19100, in the Federal Register of 

Friday, March 29, 2013, the subagency 

heading ‘‘Surface Mining Reclamation 

and Enforcement’’ is corrected to read 

‘‘Office of Natural Resources Revenue’’. 

[FR Doc. 2013–07993 Filed 4–3–13; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0409; FRL–9797–8] 

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: Final rule. 

SUMMARY: EPA is making two separate 

and independent determinations 

regarding the Pittsburgh-Beaver Valley 

1997 8-hour ozone nonattainment area 

(the Pittsburgh Area). First, EPA is 

making a determination 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 

determination 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 making a 

determination 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 preliminary data 

for 2012. This final determination 

suspends 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: This final rule is effective on 

May 6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0409. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 through 

www.regulations.gov or in hard copy for 

public inspection 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: 

I. Background 

On December 10, 2012 (77 FR 73387), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

December 10, 2012 rulemaking action, 

EPA proposed to determine that the 

Pittsburgh Area attained the 1997 8- 

hour ozone NAAQS by its attainment 

date, June 15, 2010. EPA also proposed 

to make a clean data determination, 

finding that the Pittsburgh Area has 

attained the 1997 8-hour ozone NAAQS. 

No comments were received on the 

December 10, 2012 NPR. 

II. Summary of SIP Revision 

These actions do 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. 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. 

A. Determination of Attainment by the 

Attainment Date 

EPA is making 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 is 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 making 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 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 suspends 

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, 


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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 20245 

that EPA (i) redesignates the area to 

attainment at which time those 

requirements no longer apply, or (ii) 

subsequently determines, after noticeand-comment rulemaking, that the 

Pittsburgh Area has violated the 1997 8- 

hour ozone NAAQS. This final 

determination is separate from, and 

does 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. 

C. 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 EPA’s Air Quality 

System (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. 

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. The 

rationale for EPA’s action is explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

III. Final Action 

EPA is making two determinations 

regarding the Pittsburgh Area. First, 

pursuant to section 181(b)(2)(A) of the 

CAA, EPA is making a determination 

that the Pittsburgh Area has attained the 

1997 8-hour ozone NAAQS by its 

moderate area attainment date, June 15, 

2010. Second, EPA is making a 

determination 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 preliminary data 

for 2012. This final determination 

suspends 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-hours ozone 

NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone 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 CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action, which makes 

determinations of attainment based on 

air quality, will result in the suspension 

of certain Federal requirements and/or 

will not impose any additional 

requirements beyond those imposed by 

state law. For that reason, this 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 rule 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 3, 2013. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This determination that the 

Pittsburgh Area has attained the 1997 

8-hour ozone NAAQS may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone. 

Dated: March 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 


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20246 Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Section 52.2037 is amended by 

adding paragraph (s) to read as follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(s) Determination of attainment. EPA 

has determined, as of April 4, 2013, that 

based on 2009 to 2011 ambient air 

quality data, the Pittsburgh-Beaver 

Valley, PA moderate nonattainment area 

has attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). This determination, in 

accordance with 40 CFR 51.918, 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 8-hour 

ozone NAAQS. 

■ 3. Section 52.2056 is amended by 

adding paragraph (i) to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

(i) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, the Pittsburgh-Beaver Valley, 

PA moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, 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. EPA also 

determined that the Pittsburgh-Beaver 

Valley, PA moderate nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

[FR Doc. 2013–07768 Filed 4–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R06–OAR–2006–0851; FRL–9796–8] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for the States of Kentucky and 

Louisiana, Correcting Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On April 14, 2010, EPA 

published a direct final rule approving 

delegations of authority for Louisiana. 

There was an error in the amendatory 

language which resulted in errors in the 

codification of the delegated Federal 

authorities for Kentucky and Louisiana. 

This action corrects the errors. 

DATES: This correction is effective on 

April 4, 2013. 

FOR FURTHER INFORMATION CONTACT: Bill 

Deese, Air Planning Section, (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7253; fax number 214–665– 

7263; email address 

deese.william@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects errors in 40 CFR part 63 

that resulted from an error in the 

amendatory language in a 40 CFR parts 

60, 61, and 63 Federal Register direct 

final rule, delegation of authority, 

entitled ‘‘Delegation of New Source 

Performance Standards and National 

Emission Standards for Hazardous Air 

Pollutants for the State of Louisiana,’’ 

published April 14, 2010 (75 FR 19252). 

The error resulted in the revised 

Louisiana 40 CFR part 63 delegation of 

authority being codified in 40 CFR 

63.99(a)(18) for Kentucky rather than in 

40 CFR 63.99(a)(19) for Louisiana. 

Paragraph 63.99(a)(19) for Louisiana 

remained as previously approved by 

EPA for Louisiana on April 17, 2006 (71 

FR 19652). In this action, EPA is 

correcting the errors in 40 CFR part 63 

by replacing paragraph 63.99(a)(18) with 

the language approved for Kentucky in 

a May 13, 2009 (74 FR 22437), direct 

final rule, and replacing paragraph 

63.99(a)(19) with the language approved 

for Louisiana in the April 14, 2010 

Federal Register direct final rule. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to correct errors 

in 40 CFR part 63 has no substantive 

impact on EPA’s May 13, 2009 (74 FR 

22437), and EPA’s April 14, 2010 (75 FR 

19252), approval of delegation 

agreements of the 40 CFR part 63 

National Emission Standards for 

Hazardous Air Pollutants for the states 

of Kentucky and Louisiana. This action 

makes no substantive difference to 

EPA’s analysis as set out in those rules. 

In addition, EPA can identify no 

particular reason why the public would 

be interested in being notified of the 

correction of these paragraphs or in 

having the opportunity to comment on 

the correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis of Kentucky’s submittal 

approved by EPA May 13, 2009, or 

Louisiana’s submittals approved by EPA 

April 14, 2010. EPA also finds that there 

is good cause under APA section 

553(d)(3) for this correction to become 

effective on the date of publication of 

this action. Section 553(d)(3) of the APA 

allows an effective date less than 30 

days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 5 

U.S.C. 553(d)(3). The purpose of the 30- 

day waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule does not 

create any new regulatory requirements 

such that affected parties would need 

time to prepare before the rule takes 

effect. Rather, today’s action merely 

corrects an error in the regulatory text 

of a prior rule by correcting the 40 CFR 

part 63 delegations of authority of the 40 

CFR Part 63 National Emission 

Standards for Hazardous Air Pollutants 

for the states of Kentucky and Louisiana 

approved by EPA May 13, 2009, and 

April 14, 2010, respectively. For these 

reasons, EPA finds good cause under 

APA section 553(d)(3) for this correction 

to become effective on the date of 

publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 


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