[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Pages 6590-6593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2605]
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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.
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SUMMARY: EPA is proposing to make a determination that the Pittsburgh-
Beaver 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.
[[Page 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: [email protected].
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 previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
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 [email protected].
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
[[Page 6592]]
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
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2007-2009 Average % 2007-2009 Design
County Monitor ID data completeness value (ppm)
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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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421255001 95 0.072
Westmoreland.................................. 421290006 100 0.071
421290008 99 0.072
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Table 2--Preliminary 2008-2010 Pittsburgh Area 8-Hour Ozone Design Values
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Preliminary 2008-
County Monitor ID 2008-2010 Average % 2010 Design value
data completeness (ppm)
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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
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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]
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