Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63881 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State 

citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

*******

5–30–15 ... Reference Conditions ...................... 5/22/13 10/25/13 [Insert page number where 

the document begins].

Revised to include Section 5–30– 

67. 

* * * * * * * 

5–30–67 ... Particulate Matter (PM2.5) ................ 5/22/13 10/25/13 [Insert page number where 

the document begins].

Added Section. 

*******

* * * * * 

[FR Doc. 2013–25043 Filed 10–24–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0769; FRL–9901–81– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of 

Attainment of the 1997 Annual Fine 

Particulate Standards for the LibertyClairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two separate 

and independent determinations 

regarding the Liberty-Clairton, 

Pennsylvania 1997 annual fine 

particulate (PM2.5) nonattainment area 

(the Liberty-Clairton Area). First, EPA is 

determining that the Liberty-Clairton 

Area attained the 1997 PM2.5 annual 

national ambient air quality standards 

(NAAQS) by the applicable attainment 

date, December 31, 2011. This 

determination is based on quality 

assured and certified ambient air quality 

date for the 2009–2011 monitoring 

period. Second, EPA is determining that 

the Liberty-Clairton Area has continued 

to attain the 1997 annual PM2.5 NAAQS, 

based on quality-assured and certified 

ambient air quality data for the 2010– 

2012 monitoring period. The latter 

‘‘clean data determination’’ suspends 

the requirement for the Liberty-Clairton 

Area to submit an attainment 

demonstration, reasonably available 

control measures (RACM), reasonable 

further progress (RFP), and contingency 

measures related to attainment of the 

1997 annual PM2.5 NAAQS for so long 

as the area continues to attain the 1997 

annual PM2.5 NAAQS. These 

determinations do not constitute a 

redesignation to attainment. The 

Liberty-Clairton Area will remain 

designated nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the LibertyClairton 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 

November 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0769. 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 

The Liberty-Clairton Area is 

comprised of the boroughs of Lincoln, 

Glassport, Liberty, and Port Vue and the 

City of Clairton, all in Allegheny 

County, Pennsylvania. See 40 CFR 

81.339. The Liberty-Clairton Area is 

surrounded by, but separate and distinct 

from, the Pittsburgh-Beaver Valley PM2.5

nonattainment area. 

On July 23, 2013 (78 FR 44070), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

July 23, 2013 rulemaking action, EPA 

proposed to determine that the LibertyClairton Area attained the 1997 annual 

PM2.5 NAAQS by its attainment date, 

December 31, 2011. EPA also proposed 

to make a clean data determination, 

finding that the Liberty-Clairton Area 

has continued to attain the 1997 annual 

PM2.5 NAAQS. No comments were 

received on the July 23, 2013 NPR. 

II. Summary of Rulemaking Actions 

These actions do not constitute a 

redesignation of the Liberty-Clairton 

Area to attainment for the 1997 annual 

PM2.5 NAAQS under CAA section 

107(d)(3). Neither determination of 

attainment involves approving a 

maintenance plan for the LibertyClairton Area, nor determines that the 

Liberty-Clairton 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 Liberty-Clairton Area will 

remain nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA takes final rulemaking action to 

determine that the Liberty-Clairton Area 

meets the CAA requirements for 

redesignation to attainment. 

A. Determination of Attainment by the 

Attainment Date 

Pursuant to section 188(b)(2) of the 

CAA, EPA is making a determination 

that the Liberty-Clairton Area attained 

the 1997 annual PM2.5 NAAQS by the 

applicable attainment date, December 

31, 2011. This determination is based 

upon quality-assured and certified 

ambient air monitoring data for the 

2009–2011 monitoring period that 

shows the area has monitored 

attainment of the 1997 PM2.5 annual 

NAAQS as of its attainment date. The 

effect of this final determination of 

attainment by the Liberty-Clairton 

Area’s attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2) to determine, based on the 

Liberty-Clairton Area’s air quality as of 


emcdonald on DSK67QTVN1PROD with RULES
63882 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

1Even though the requirements are suspended, 

EPA is not precluded from acting upon these 

elements at any time if submitted to EPA for review 

and approval. On June 17, 2011, the 

Commonwealth of Pennsylvania submitted a SIP 

revision for the Liberty-Clairton Area to EPA for 

review and approval. On November 7, 2011 (76 FR 

68699), EPA proposed approval, with one 

condition, of Pennsylvania’s SIP revision for the 

Liberty-Clairton Area. 

the attainment date, whether the area 

attained the standard. 

B. ‘‘Clean Data’’ Determination of 

Attainment 

EPA is also making a determination 

that the Liberty-Clairton Area continues 

to attain the 1997 annual PM2.5 NAAQS. 

This ‘‘clean data’’ determination is 

based upon quality assured and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 annual PM2.5 NAAQS for the 

2010–2012 monitoring period. As a 

result of this determination, the 

requirement for the Liberty-Clairton 

Area to submit an attainment 

demonstration, RACM, RFP, and 

contingency measures related to 

attainment of the 1997 annual PM2.5

NAAQS shall be suspended for so long 

as the area continues to attain that 

NAAQS.1

C. EPA’s Analysis of the Relevant Air 

Quality Data 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the annual PM2.5 ambient air 

quality monitoring data for the 2009– 

2011 and 2010–2012 monitoring periods 

for the Liberty-Clairton Area, as 

recorded in EPA’s Air Quality System 

(AQS) database. On the basis of that 

review, EPA has concluded that the 

Liberty-Clairton Area attained the 1997 

annual PM2.5 NAAQS by its attainment 

date, based on data for the 2009–2011 

monitoring period. EPA has also 

concluded that the Liberty-Clairton Area 

continues to attain, based on data for the 

2010–2012 monitoring period. 

In the Technical Support Document 

(TSD) prepared for this action, EPA has 

evaluated the air quality data for the 

Liberty-Clairton Area. EPA’s review of 

the data indicates that the LibertyClairton Area has met the 1997 annual 

PM2.5 NAAQS. For details, please refer 

to EPA’s TSD, which can be viewed at 

http://www.regulations.gov, Docket ID 

No. EPA–R03–OAR–2012–0769. 

III. Final Action 

EPA is making two separate and 

independent determinations regarding 

the Liberty-Clairton Area. First, 

pursuant to section 188(b)(2) of the 

CAA, EPA is making a determination 

that the Liberty-Clairton Area has 

attained the 1997 annual PM2.5 NAAQS 

by its attainment date, December 31, 

2011. Second, EPA is making a 

determination that the Liberty-Clairton 

Area is attaining the 1997 annual PM2.5

NAAQS, based on quality assured and 

certified ambient air monitoring data for 

the 2010–2012 monitoring period. This 

final determination suspends the 

requirements for the Liberty-Clairton 

Area to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

any other planning requirements related 

to attainment of the 1997 annual PM2.5

NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. These determinations do 

not constitute a redesignation to 

attainment. The Liberty-Clairton Area 

will remain designated nonattainment 

for the 1997 annual PM2.5 NAAQS until 

such time as EPA determines that the 

Liberty-Clairton Area meets the CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 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. 

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 rulemaking action 

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 December 24, 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 rulemaking 

action, determining that the LibertyClairton Area has attained the 1997 

annual PM2.5 NAAQS, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 


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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63883 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: September 24, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

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 52.2056 is amended by 

adding paragraph (j) to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

(j) EPA has determined, based on 

quality-assured air monitoring data for 

2009–2011, that the Liberty-Clairton, PA 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 national 

ambient air quality standards (NAAQS) 

by the applicable attainment date of 

December 31, 2011. Therefore, EPA has 

met the requirement of CAA section 

188(b)(2) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 1997 

annual PM2.5 NAAQS. 

■ 3. Section 52.2059 is amended by 

adding paragraph (i) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(i) Determination of Attainment. EPA 

has determined, as of October 25, 2013, 

based on quality-assured ambient air 

quality data for 2009 to 2011 and 2010 

to 2012 ambient air quality data, that the 

Liberty-Clairton, PA nonattainment area 

has attained the 1997 annual fine 

particle (PM2.5) national ambient air 

quality standards (NAAQS). This 

determination 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 annual PM2.5

NAAQS. If EPA determines, after noticeand-comment rulemaking, that this area 

no longer meets the 1997 annual PM2.5

NAAQS, the corresponding 

determination of attainment for that area 

shall be withdrawn. 

[FR Doc. 2013–25040 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0727, FRL–9901–92– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Revision to Prevention 

of Significant Deterioration Program; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving State 

Implementation Plan (SIP) submissions 

from the State of Utah to demonstrate 

that the SIP meets the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for 

fine particulate matter (PM2.5) on July 

18, 1997 and on October 17, 2006. The 

CAA requires that each state, after a new 

or revised NAAQS is promulgated, 

review their SIPs to ensure that they 

meet infrastructure requirements. The 

State of Utah provided infrastructure 

SIP submissions on April 17, 2008 for 

the 1997 PM2.5 NAAQS and September 

21, 2010 for the 2006 PM2.5 NAAQS. In 

addition, EPA is approving portions of 

SIP revisions submitted by the State of 

Utah on March 14, 2012. This 

submission revises Utah’s Prevention of 

Significant Deterioration (PSD) program 

to incorporate the required elements of 

the 2008 PM2.5 New Source Review 

(NSR) Implementation Rule and the 

2010 PM2.5 Increment Rule. 

DATES: This final rule is effective 

November 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No.EPA–R08–OAR–2011–0727. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials CBI mean or refer to 

confidential business information. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials NAAQS mean or refer 

to national ambient air quality 

standards. 

(v) The initials PM mean or refer to 

particulate matter. 

(vi) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers 

(fine particulate matter). 

(vii) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(viii) The initials SIP mean or refer to 

State Implementation Plan. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR) of 

May 23, 2013 (78 FR 30830). 

In our NPR, we proposed to act on 

submissions from the State of Utah to 

address infrastructure requirements for 

the 1997 and 2006 PM2.5 NAAQS. The 

NPR proposed approval of the 

submissions with respect to the 


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