[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38158-38160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18341]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0506; FRL-8938-3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Determination of Clean Data for the 1997
Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Johnstown (Cambria and
Indiana Counties), Lancaster (Lancaster County), Reading (Berks County)
and York (York County), Pennsylvania nonattainment areas for the 1997
fine particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS.
This proposed determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that
these areas have monitored attainment of the 1997 PM2.5
NAAQS based on the 2006-2008 data. In addition, quality controlled and
quality assured monitoring data for 2009 that are available in the EPA
Air Quality System (AQS) database, but not yet certified, show that
these areas continue to meet the 1997 PM2.5 NAAQS. If this
proposed determination is made final, the requirements for these areas
to submit an attainment demonstration, associated reasonably available
measures, a reasonable further progress plan, contingency measures, and
other planning State Implementation Plans (SIPs) related to attainment
of the standard shall be suspended for so long as each of these areas
continue to meet the 1997 PM2.5 NAAQS.
DATES: Written comments must be received on or before August 31, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0506 by one of the following methods:
A. http://www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2009-0506, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, 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-
2009-0506. 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.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. What Is EPA's Proposed Action?
VI. What Are the Statutory and Executive Order Reviews?
I. What Action Is EPA Taking?
EPA is proposing to determine that the Johnstown, Lancaster,
Reading and York, Pennsylvania PM2.5 nonattainment areas
have clean data for the 1997 PM2.5 NAAQS. This determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data showing that these areas have monitored
attainment of the 1997 PM2.5 NAAQS based on the 2006-2008
data. In addition, quality controlled and quality assured monitoring
data for 2009 that are available in the EPA AQS database, but not yet
certified, show that these areas continue to meet the 1997
PM2.5 NAAQS.
II. What Is the Effect of This Action?
If this determination is made final, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the
requirements for the Johnstown, Lancaster, Reading and York,
Pennsylvania PM2.5 nonattainment areas to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
any other planning SIPs related to attainment of the 1997
PM2.5 NAAQS would be suspended for so long as each area
continues to meet the 1997 PM2.5 NAAQS.
As further discussed below, the proposed determination would: (1)
For
[[Page 38159]]
the Johnstown, Lancaster, Reading and York, Pennsylvania
PM2.5 nonattainment areas, suspend the requirements to
submit for each area an attainment demonstration, associated reasonably
available control measures (RACM) (including reasonably available
control technologies (RACT)), a reasonable further progress (RFP) plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 PM2.5 NAAQS; (2) continue until such time, if
any, that EPA subsequently determines that each area have violated the
1997 PM2.5 NAAQS; (3) be separate from, and not influence or
otherwise affect, any future designation determination or requirements
for the Johnstown, Lancaster, Reading and York, Pennsylvania
PM2.5 nonattainment areas based on the 2006 PM2.5
NAAQS; and (4) remain in effect regardless of whether EPA designates
these areas as nonattainment areas for purposes of the 2006
PM2.5 NAAQS. Furthermore, as described below, any such final
determinations would not be equivalent to the redesignation of these
areas to attainment based on the 1997 PM2.5 NAAQS.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that these
areas have violated the 1997 PM2.5 NAAQS, the basis for the
suspension of the specific requirements, set forth at 40 CFR
51.1004(c), would no longer exist, and these areas would thereafter
have to address the pertinent requirements.
The determination that EPA proposes with this Federal Register
notice, that the air quality data show attainment of the 1997
PM2.5 NAAQS, is not equivalent to the redesignation of these
areas to attainment. This proposed action, if finalized, would not
constitute a redesignation to attainment under section 107(d)(3) of the
Clean Air Act (CAA), because we would not yet have an approved
maintenance plan for these areas as required under section 175A of the
CAA, nor a determination that these areas have met the other
requirements for redesignation. The designation status of these areas
would remain nonattainment for the 1997 PM2.5 NAAQS until
such time as EPA determines that these areas meet the CAA requirements
for redesignation to attainment.
This proposed action, if finalized, is limited to a determination
that the Johnstown, Lancaster, Reading and York, Pennsylvania
PM2.5 nonattainment areas have clean data for the 1997
PM2.5 NAAQS. The 1997 PM2.5 NAAQS became
effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR
50.7. The 2006 PM2.5 NAAQS, which became effective on
December 18, 2006 (71 FR 61144) are set forth at 40 CFR section 50.13.
EPA is currently in the process of making designation determinations,
as required by CAA section 107(d)(1), for the 2006 PM2.5
NAAQS.
At this point, EPA has not made any designation determination for
the Johnstown, Lancaster, Reading and York, Pennsylvania
PM2.5 nonattainment areas based on the 2006 PM2.5
NAAQS. This proposed determination, and any final determination, will
have no effect on, and is not related to, any future designation
determination that EPA may make based on the 2006 PM2.5
NAAQS for these Pennsylvania PM2.5 nonattainment areas.
Conversely, any future designation determination of these Pennsylvania
PM2.5 nonattainment areas based on the 2006 PM2.5
NAAQS, will not have any effect on the determination proposed by this
notice.
If this proposed determination is made final and the Johnstown,
Lancaster, Reading and York, Pennsylvania PM2.5
nonattainment areas continue to demonstrate attainment with the 1997
PM2.5 NAAQS, the requirements for these Pennsylvania
PM2.5 nonattainment areas to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and any other
planning SIPs related to attainment of the 1997 PM2.5 NAAQS
would remain suspended, regardless of whether EPA designates these
areas as nonattainment areas for purposes of the 2006 PM2.5
NAAQS. Once these areas are designated for the 2006 NAAQS, they will
have to meet all applicable requirements for that designation.
III. What Is the Background for This Action?
On July 18, 1997 (62 FR 36852), EPA established a health-based
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations, and a twenty-four hour standard of 65 [mu]g/m\3\ based
on a 3-year average of the 98th percentile of 24-hour concentrations.
EPA established the standards based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures to particulate matter. The process for
designating areas following promulgation of a new or revised NAAQS is
contained in section 107(d)(1) of the CAA. EPA and State air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS in 1999, and developed all air quality monitors by January 2001.
On January 5, 2005 (70 FR 944), EPA published its air quality
designations and classifications for the 1997 PM2.5 NAAQS
based upon air quality monitoring data from those monitors for calendar
years 2001-2003. These designations became effective on April 5, 2005.
The Johnstown, Lancaster, Reading and York, Pennsylvania nonattainment
areas were designated nonattainment for the 1997 PM2.5 NAAQS
(see 40 CFR part 81).
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
EPA has reviewed the ambient air monitoring data for
PM2.5 consistent with the requirements contained in 40 CFR
part 50 and recorded in the EPA AQS database for the Johnstown,
Lancaster, Reading and York, Pennsylvania PM2.5
nonattainment areas from 2006 through the present time. On the basis of
that review, EPA has concluded that these areas meet the 1997
PM2.5 NAAQS based on the 2006-2008 data. In addition,
quality controlled and quality assured monitoring data for 2009 that
are available in the EPA AQS database, but not yet certified, show that
these areas continue to attain the 1997 PM2.5 NAAQS.
Under EPA regulations at 40 CFR part 50, Sec. 50.7:
(1) The annual primary and secondary PM2.5 standards are
met when the annual arithmetic mean concentration, as determined in
accordance with 40 CFR Part 50, Appendix N, is less than or equal to
15.0 [mu]g/m3.
(2) The 24-hour primary and secondary PM2.5 standards
are met when the 98th percentile 24-hour concentration, as determined
in accordance with 40 CFR part 50, Appendix N, is less than or equal to
65 [mu]g/m3.
Table 1 shows the design values for the 1997 24-hour
PM2.5 NAAQS for Johnstown, Lancaster, Reading and York,
Pennsylvania PM2.5 nonattainment area monitors for the years
2006-2008. Table 2 shows the design values for the 1997 annual
PM2.5 NAAQS for these same monitors and the same three-year
period.
[[Page 38160]]
Table 1--Design Values for the 1997 24-Hour PM2.5 NAAQS for Johnstown, Lancaster, Reading and York, Pennsylvania
in Micrograms per Cubic Meter ([mu]g/m\3\)
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1997 24-Hour
Location AQS site ID attainment 2006-2008
standard Design values
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Cambria County (Johnstown, PA)............................... 42-021-0011 65 35
Lancaster County (Lancaster, PA)............................. 42-071-0007 65 37
Berks County (Reading, PA)................................... 42-011-0011 65 34
York County (York, PA)....................................... 42-133-0008 65 35
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Table 2--Design Values for the 1997 Annual PM2.5 NAAQS for Johnstown, Lancaster, Reading and York, Pennsylvania
in Micrograms per Cubic Meter ([mu]g/m\3\)
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1997 Annual
Location AQS site ID attainment 2006-2008
standard Design values
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Cambria County (Johnstown, PA)............................... 42-021-0011 15.0 14.4
Lancaster County (Lancaster, PA)............................. 42-071-0007 15.0 14.5
Berks County (Reading, PA)................................... 42-011-0011 15.0 13.6
York County (York, PA)....................................... 42-133-0008 15.0 14.6
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EPA's review of these data indicate that the Johnstown, Lancaster,
Reading and York, Pennsylvania PM2.5 nonattainment areas
have met and continue to meet the 1997 PM2.5 NAAQS. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action. Please
note that if EPA receives adverse comment on an amendment, paragraph,
or section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
V. What Is EPA's Proposed Action?
EPA is proposing to determine that the Johnstown, Lancaster,
Reading and York, Pennsylvania nonattainment areas for the 1997
PM2.5 NAAQS have clean data for the 1997 PM2.5
NAAQS. As provided in 40 CFR 51.1004(c), if EPA finalizes this
determination, it would suspend the requirements for these areas to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and any other planning SIPs related to attainment of the 1997
PM2.5 NAAQS so long as these areas continue to meet the 1997
PM2.5 NAAQS.
VI. What Are the Statutory and Executive Order Reviews?
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does 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 rule pertaining to the determination of the
1997 fine particle standard for the Johnstown, Lancaster, Reading and
York, Pennsylvania PM2.5 nonattainment areas, 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, Particulate
matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 24, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.
[FR Doc. E9-18341 Filed 7-30-09; 8:45 am]
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