80_FR_39828 80 FR 39696 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Standard for the Liberty-Clairton Nonattainment Area

80 FR 39696 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Standard for the Liberty-Clairton Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 132 (July 10, 2015)

Page Range39696-39698
FR Document2015-16813

The Environmental Protection Agency (EPA) is finalizing a determination of attainment regarding the Liberty-Clairton, Pennsylvania 2006 24-hour fine particulate matter (PM<INF>2.5</INF>) nonattainment area (hereafter ``Liberty-Clairton Area'' or ``the Area''). EPA is determining that the Liberty-Clairton Area has attained the 2006 24-hour PM<INF>2.5</INF> National Ambient Air Quality Standard (NAAQS), based upon quality-assured, quality-controlled and certified ambient air monitoring data for the calendar years 2012-2014. EPA's final ``clean data determination'' will suspend the requirements to submit for the Liberty-Clairton Area an attainment demonstration, reasonably available control measures (RACM), reasonable further progress (RFP), and contingency measures related to attainment of the 2006 24-hour PM<INF>2.5</INF> NAAQS, for so long as the Area continues to attain the 2006 24-hour PM<INF>2.5</INF> NAAQS. This final determination will not constitute a redesignation to attainment. This final action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 132 (Friday, July 10, 2015)
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39696-39698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16813]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0175; FRL-9930-23-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine 
Particulate Standard for the Liberty-Clairton Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
determination of attainment regarding the Liberty-Clairton, 
Pennsylvania 2006 24-hour fine particulate matter (PM2.5) 
nonattainment area (hereafter ``Liberty-Clairton Area'' or ``the 
Area''). EPA is determining that the Liberty-Clairton Area has attained 
the 2006 24-hour PM2.5 National Ambient Air Quality Standard 
(NAAQS), based upon quality-assured, quality-controlled and certified 
ambient air monitoring data for the calendar years 2012-2014. EPA's 
final ``clean data determination'' will suspend the requirements to 
submit for the Liberty-Clairton Area an attainment demonstration, 
reasonably available control measures (RACM), reasonable further 
progress (RFP), and contingency measures related to attainment of the 
2006 24-hour PM2.5 NAAQS, for so long as the Area continues 
to attain the 2006 24-hour PM2.5 NAAQS. This final 
determination will not constitute a redesignation to attainment. This 
final action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on August 10, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0175. 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688), which became effective on 
December 14, 2009. In that action, EPA designated the Liberty-Clairton 
Area as nonattainment for the 2006 24-hour PM2.5 NAAQS. The 
Liberty-Clairton Area is comprised of the following portion of 
Allegheny County: The boroughs of Lincoln, Glassport, Liberty, and Port 
Vue and the City of Clairton. See 40 CFR 81.339 (Pennsylvania). The 
Liberty-Clairton Area is surrounded by, but separate and distinct from, 
the Pittsburgh-Beaver Valley PM2.5 nonattainment area.
    A nonattainment designation under the CAA triggers additional 
planning requirements for states to show attainment of the NAAQS in the 
nonattainment areas by a statutory attainment date, as specified in the 
CAA. Since 2005, EPA had implemented the 1997 and 2006 PM2.5 
NAAQS based on the general implementation provisions of subpart 1 of 
Part D of Title I of the CAA (subpart 1). On January 4, 2013, in 
Natural Resources Defense Council v. EPA (NRDC v. EPA), the D.C. 
Circuit determined that EPA should be implementing its PM2.5 
pollution standard under additional CAA requirements than those EPA had 
been following in subpart 1 and remanded to EPA the ``Final Clean Air 
Fine Particle Implementation Rule'' (1997 PM2.5 
Implementation Rule) (72 FR 20586, April 25, 2007) and the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (2008 
NSR PM2.5 Rule).\1\ 706 F.3d 428 (D.C. Cir. 2013). The D.C. 
Circuit found that the EPA erred in implementing the 1997 
PM2.5 NAAQS solely pursuant to subpart 1, without 
consideration of the particulate matter specific provisions of subpart 
4 of Part D of Title I of the CAA (subpart 4).
---------------------------------------------------------------------------

    \1\ EPA's 2008 NSR PM2.5 Rule relates to requirements 
for the NSR permitting program required by parts C and D of title I 
of the CAA. The details and provisions of the 2008 NSR 
PM2.5 Rule are not relevant to this proposed rulemaking.
---------------------------------------------------------------------------

    On April 25, 2014, EPA finalized a rule identifying the 
classification of all PM2.5 areas currently designated

[[Page 39697]]

nonattainment for the 1997 and 2006 PM2.5 NAAQS as 
``Moderate,'' consistent with subpart 4 of the CAA. See 79 FR 31566 
(June 2, 2014). Consequently, the Liberty-Clairton Area was classified 
as Moderate for the 2006 24-hour PM2.5 NAAQS.
    Under EPA's longstanding Clean Data Policy interpretation, a 
determination that a nonattainment area has attained the NAAQS suspends 
the state's obligation to submit an attainment demonstration, RFP, 
RACM, and contingency measures as required by the CAA for so long as 
the area continues to attain the standard. Since the purpose of these 
provisions is to help reach attainment, a goal which has already been 
achieved, EPA interprets that these requirements should no longer be 
applicable. Although the D.C. Circuit remanded the 1997 
PM2.5 Implementation Rule to EPA, the DC Circuit's decision 
in NRDC v. EPA related to EPA's use of subpart 1 for CAA Part D 
requirements instead of subpart 1 and subpart 4, and the decision did 
not cast doubt on EPA's interpretation of certain statutory provisions 
underlying the Clean Data Policy nor cast any doubt on EPA's Clean Data 
Policy interpretation in the 1997 PM2.5 Implementation Rule. 
See NRDC v. EPA, 706 F.3d 428.
    On April 23, 2015 (78 FR 22666), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania proposing to 
determine that the Liberty-Clairton Area has attained the 2006 24-hour 
PM2.5 NAAQS. As part of the NPR, EPA addressed the effect of 
a final determination of attainment under the Clean Data Policy for the 
Liberty-Clairton Area, as a Moderate nonattainment area under subpart 
4. The rationale for EPA's action is explained in the NPR and will not 
be restated here. No comments were received on the NPR.

II. Summary of EPA's Evaluation of the Liberty-Clairton 
PM2.5 Air Quality Data

    This final ``clean data determination'' for the Liberty-Clairton 
Area is based on the quality-controlled, quality assured, certified 
PM2.5 air quality data for 2012-2014. There are two 
PM2.5 monitors in the Liberty-Clairton Area--one in Liberty 
Borough and one in the City of Clairton. The design values for the two 
monitors in the Liberty-Clairton Area for the 2012-2014 monitoring 
period were 35 [mu]g/m\3\ or less. Therefore, EPA determines that the 
Liberty-Clairton Area has attained the 2006 24-hour PM2.5 
NAAQS during the 2012-2014 monitoring period, in accordance with 40 CFR 
part 50. Additional information on air quality data for the Liberty-
Clairton Area can be found in the NPR and technical support document 
(TSD) prepared for the proposed action.

III. Final Actions

    EPA determines that the Liberty-Clairton Area is currently 
attaining the 2006 24-hour PM2.5 NAAQS, based on the most 
recent three years of complete quality-assured, and certified data for 
2012-2014 which meets the requirements of 40 CFR part 50, appendix N. 
In accordance with our Clean Data Policy, as a result of this final 
determination of attainment, EPA also determines that the obligation to 
submit the following attainment-related planning requirements for the 
Liberty-Clairton Area are not applicable for so long as the Area 
continues to monitor attainment for the 2006 24-hour PM2.5 
NAAQS: Subpart 4 obligations to provide an attainment demonstration 
pursuant to section 189(a)(1)(B), the RACM provisions of section 
189(a)(1)(C), the RFP provisions of section 189(c), and related 
attainment demonstration, RACM, RFP, and contingency measure provisions 
requirements of subpart 1, section 172. If at any time after the 
effective date of this final rulemaking notice, EPA determines that the 
Liberty-Clairton Area again violates the 2006 24-hour PM2.5 
NAAQS, the basis for suspending these requirements would no longer 
exist. This final rulemaking action does not constitute a redesignation 
to attainment under CAA section 107(d)(3). In addition, this 
determination does not relieve Pennsylvania from the requirement to 
submit for the Liberty-Clairton Area an emissions inventory as required 
by CAA section 172(c)(3) or to have a nonattainment area permitting 
program pursuant to CAA sections 172(c)(5) and 173.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 approves state law as meeting Federal requirements and 
does not impose 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

[[Page 39698]]

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 September 8, 2015. 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 action, determining that the Liberty-Clairton Area has 
attained the 2006 24-hour PM2.5 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: June 25, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

0
2. Section 52.2059 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (q) Determination of attainment. EPA has determined, as of July 10, 
2015, based on quality-assured ambient air quality data for 2012 to 
2014, that the Liberty-Clairton, PA nonattainment area has attained the 
2006 24-hour 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 2006 24-hour PM2.5 NAAQS. If EPA determines, after 
notice-and-comment rulemaking, that this area no longer meets the 2006 
24-hour PM2.5 NAAQS, the corresponding determination of 
attainment for that area shall be withdrawn.
[FR Doc. 2015-16813 Filed 7-9-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                39696                Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations

                                                PART 165—REGULATED NAVIGATION                            ENVIRONMENTAL PROTECTION                              Agency, Region III, 1650 Arch Street,
                                                AREAS AND LIMITED ACCESS AREAS                           AGENCY                                                Philadelphia, Pennsylvania 19103.
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                ■ 1. The authority citation for part 165                 40 CFR Part 52                                        Emlyn Vélez-Rosa, (215) 814–2038, or
                                                continues to read as follows:                                                                                  by email at velez-rosa.emlyn@epa.gov.
                                                                                                         [EPA–R03–OAR–2015–0175; FRL–9930–23-
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Region 3]                                             SUPPLEMENTARY INFORMATION:
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Department of Homeland Security Delegation                                                    I. Background
                                                                                                         Approval and Promulgation of Air
                                                No. 0170.1.                                              Quality Implementation Plans;            On November 13, 2009, EPA
                                                ■ 2. Add § 165.T09–0507 to read as                       Pennsylvania; Determination of       published designations for the 2006 24-
                                                follows:                                                 Attainment of the 2006 24-Hour Fine  hour PM2.5 NAAQS (74 FR 58688),
                                                                                                         Particulate Standard for the Liberty-which became effective on December
                                                § 165.T09–0507 Safety Zone; Oswego                       Clairton Nonattainment Area          14, 2009. In that action, EPA designated
                                                Harborfest Jet Ski Show; Oswego Harbor,                                                       the Liberty-Clairton Area as
                                                Oswego, NY.                                AGENCY: Environmental Protection                   nonattainment for the 2006 24-hour
                                                   (a) Location. This zone will            Agency (EPA).                                      PM2.5 NAAQS. The Liberty-Clairton
                                                encompass all waters of Oswego Harbor; ACTION: Final rule.                                    Area is comprised of the following
                                                Oswego, NY starting at position                                                               portion of Allegheny County: The
                                                43°27′49.88″ N. and 076°31′15.41″ W.       SUMMARY: The Environmental Protection boroughs of Lincoln, Glassport, Liberty,
                                                then Northwest to 43°27′51.72″ N. and      Agency (EPA) is finalizing a                       and Port Vue and the City of Clairton.
                                                076°31′18.13 then Southwest to             determination of attainment regarding              See 40 CFR 81.339 (Pennsylvania). The
                                                43°27′44.26″ N. and 076°31′39.18″ W.       the Liberty-Clairton, Pennsylvania 2006 Liberty-Clairton Area is surrounded by,
                                                then South to 43°27′42.68″ N. and          24-hour fine particulate matter (PM2.5)            but separate and distinct from, the
                                                076°31′36.91″ W. then returning the        nonattainment area (hereafter ‘‘Liberty-           Pittsburgh-Beaver Valley PM2.5
                                                point of origin.                           Clairton Area’’ or ‘‘the Area’’). EPA is           nonattainment area.
                                                   (b) Enforcement period. This            determining that the Liberty-Clairton                  A nonattainment designation under
                                                regulation will be enforced                Area has attained the 2006 24-hour                 the CAA triggers additional planning
                                                intermittently on July 25, 2015 from       PM2.5 National Ambient Air Quality                 requirements for states to show
                                                12:45 p.m. until 7:15 p.m. and on July     Standard    (NAAQS), based upon quality- attainment of the NAAQS in the
                                                26, 2015 from 12:45 p.m. until 7:15 p.m. assured, quality-controlled and certified nonattainment areas by a statutory
                                                                                           ambient air monitoring data for the                attainment date, as specified in the
                                                   (c) Regulations. (1) In accordance with
                                                                                           calendar years 2012–2014. EPA’s final              CAA. Since 2005, EPA had
                                                the general regulations in § 165.23, entry
                                                                                           ‘‘clean data determination’’ will                  implemented the 1997 and 2006 PM2.5
                                                into, transiting, or anchoring within this
                                                                                           suspend the requirements to submit for             NAAQS based on the general
                                                safety zone is prohibited unless
                                                                                           the Liberty-Clairton Area an attainment            implementation provisions of subpart 1
                                                authorized by the Captain of the Port
                                                                                           demonstration, reasonably available                of Part D of Title I of the CAA (subpart
                                                Buffalo or his designated on-scene
                                                                                           control measures (RACM), reasonable                1). On January 4, 2013, in Natural
                                                representative.
                                                                                           further progress (RFP), and contingency Resources Defense Council v. EPA
                                                   (2) This safety zone is closed to all   measures related to attainment of the
                                                vessel traffic, except as may be                                                              (NRDC v. EPA), the D.C. Circuit
                                                                                           2006 24-hour PM2.5 NAAQS, for so long determined that EPA should be
                                                permitted by the Captain of the Port       as the Area continues to attain the 2006
                                                Buffalo or his designated on-scene                                                            implementing its PM2.5 pollution
                                                                                           24-hour PM2.5 NAAQS. This final                    standard     under additional CAA
                                                representative.                            determination will not constitute a
                                                   (3) The ‘‘on-scene representative’’ of                                                     requirements than those EPA had been
                                                                                           redesignation to attainment. This final            following in subpart 1 and remanded to
                                                the Captain of the Port Buffalo is any     action is being taken under the Clean
                                                Coast Guard commissioned, warrant or                                                          EPA the ‘‘Final Clean Air Fine Particle
                                                                                           Air Act (CAA).                                     Implementation Rule’’ (1997 PM2.5
                                                petty officer who has been designated
                                                                                           DATES: This final rule is effective on             Implementation Rule) (72 FR 20586,
                                                by the Captain of the Port Buffalo to act
                                                                                           August 10, 2015.                                   April 25, 2007) and the
                                                on his behalf.
                                                                                           ADDRESSES: EPA has established a                   ‘‘Implementation of the New Source
                                                   (4) Vessel operators desiring to enter
                                                                                           docket   for  this  action  under  Docket    ID    Review (NSR) Program for Particulate
                                                or operate within the safety zone must
                                                                                           Number     EPA–R03–OAR–2015–0175.              All Matter Less than 2.5 Micrometers
                                                contact the Captain of the Port Buffalo
                                                                                           documents      in  the docket   are listed  in     (PM2.5)’’ final rule (2008 NSR PM2.5
                                                or his on-scene representative to obtain
                                                                                           the  www.regulations.gov        Web   site.        Rule).1 706 F.3d 428 (D.C. Cir. 2013).
                                                permission to do so. The Captain of the
                                                Port Buffalo or his on-scene               Although listed in the electronic docket, The D.C. Circuit found that the EPA
                                                                                           some information is not publicly                   erred in implementing the 1997 PM2.5
                                                representative may be contacted via
                                                                                           available,   i.e., confidential   business         NAAQS solely pursuant to subpart 1,
                                                VHF Channel 16. Vessel operators given
                                                                                           information     (CBI)  or  other information       without consideration of the particulate
                                                permission to enter or operate in the
                                                                                           whose   disclosure     is restricted  by  statute. matter specific provisions of subpart 4
                                                safety zone must comply with all
                                                                                           Certain   other   material,  such   as             of Part D of Title I of the CAA (subpart
                                                directions given to them by theCaptain
                                                                                           copyrighted     material,   is not placed    on    4).
                                                of the Port Buffalo, or his on-scene
                                                                                           the  Internet   and  will  be  publicly                On April 25, 2014, EPA finalized a
                                                representative.
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                           available only in hard copy form.                  rule identifying the classification of all
                                                   Dated: June 15, 2015.                   Publicly available docket materials are            PM2.5 areas currently designated
                                                B. W. Roche,                               available either electronically through
                                                                                                                                                 1 EPA’s 2008 NSR PM
                                                Captain, U.S. Coast Guard, Captain of the  www.regulations.gov or in hard copy for                                    2.5 Rule relates to

                                                Port Buffalo.                                                                                 requirements for the NSR permitting program
                                                                                           public inspection during normal                    required by parts C and D of title I of the CAA. The
                                                [FR Doc. 2015–16807 Filed 7–9–15; 8:45 am] business hours at the Air Protection               details and provisions of the 2008 NSR PM2.5 Rule
                                                BILLING CODE 9110–04–P                     Division, U.S. Environmental Protection are not relevant to this proposed rulemaking.


                                           VerDate Sep<11>2014   17:32 Jul 09, 2015   Jkt 235001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\10JYR1.SGM   10JYR1


                                                                     Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations                                          39697

                                                nonattainment for the 1997 and 2006                      on air quality data for the Liberty-                     • Is not a ‘‘significant regulatory
                                                PM2.5 NAAQS as ‘‘Moderate,’’                             Clairton Area can be found in the NPR                 action’’ subject to review by the Office
                                                consistent with subpart 4 of the CAA.                    and technical support document (TSD)                  of Management and Budget under
                                                See 79 FR 31566 (June 2, 2014).                          prepared for the proposed action.                     Executive Order 12866 (58 FR 51735,
                                                Consequently, the Liberty-Clairton Area                                                                        October 4, 1993);
                                                was classified as Moderate for the 2006                  III. Final Actions                                       • does not impose an information
                                                24-hour PM2.5 NAAQS.                                        EPA determines that the Liberty-                   collection burden under the provisions
                                                   Under EPA’s longstanding Clean Data                                                                         of the Paperwork Reduction Act (44
                                                                                                         Clairton Area is currently attaining the
                                                Policy interpretation, a determination                                                                         U.S.C. 3501 et seq.);
                                                                                                         2006 24-hour PM2.5 NAAQS, based on
                                                that a nonattainment area has attained                                                                            • is certified as not having a
                                                                                                         the most recent three years of complete
                                                the NAAQS suspends the state’s                                                                                 significant economic impact on a
                                                                                                         quality-assured, and certified data for
                                                obligation to submit an attainment                                                                             substantial number of small entities
                                                                                                         2012–2014 which meets the
                                                demonstration, RFP, RACM, and                                                                                  under the Regulatory Flexibility Act (5
                                                                                                         requirements of 40 CFR part 50,
                                                contingency measures as required by the                                                                        U.S.C. 601 et seq.);
                                                                                                         appendix N. In accordance with our
                                                CAA for so long as the area continues                                                                             • does not contain any unfunded
                                                                                                         Clean Data Policy, as a result of this
                                                to attain the standard. Since the purpose                                                                      mandate or significantly or uniquely
                                                                                                         final determination of attainment, EPA
                                                of these provisions is to help reach                                                                           affect small governments, as described
                                                attainment, a goal which has already                     also determines that the obligation to
                                                                                                                                                               in the Unfunded Mandates Reform Act
                                                been achieved, EPA interprets that these                 submit the following attainment-related
                                                                                                                                                               of 1995 (Pub. L. 104–4);
                                                requirements should no longer be                         planning requirements for the Liberty-                   • does not have Federalism
                                                applicable. Although the D.C. Circuit                    Clairton Area are not applicable for so               implications as specified in Executive
                                                remanded the 1997 PM2.5                                  long as the Area continues to monitor                 Order 13132 (64 FR 43255, August 10,
                                                Implementation Rule to EPA, the DC                       attainment for the 2006 24-hour PM2.5                 1999);
                                                Circuit’s decision in NRDC v. EPA                        NAAQS: Subpart 4 obligations to                          • is not an economically significant
                                                related to EPA’s use of subpart 1 for                    provide an attainment demonstration                   regulatory action based on health or
                                                CAA Part D requirements instead of                       pursuant to section 189(a)(1)(B), the                 safety risks subject to Executive Order
                                                subpart 1 and subpart 4, and the                         RACM provisions of section                            13045 (62 FR 19885, April 23, 1997);
                                                decision did not cast doubt on EPA’s                     189(a)(1)(C), the RFP provisions of                      • is not a significant regulatory action
                                                interpretation of certain statutory                      section 189(c), and related attainment                subject to Executive Order 13211 (66 FR
                                                provisions underlying the Clean Data                     demonstration, RACM, RFP, and                         28355, May 22, 2001);
                                                Policy nor cast any doubt on EPA’s                       contingency measure provisions                           • is not subject to requirements of
                                                Clean Data Policy interpretation in the                  requirements of subpart 1, section 172.               Section 12(d) of the National
                                                1997 PM2.5 Implementation Rule. See                      If at any time after the effective date of            Technology Transfer and Advancement
                                                NRDC v. EPA, 706 F.3d 428.                               this final rulemaking notice, EPA                     Act of 1995 (15 U.S.C. 272 note) because
                                                   On April 23, 2015 (78 FR 22666), EPA                  determines that the Liberty-Clairton                  application of those requirements would
                                                published a notice of proposed                           Area again violates the 2006 24-hour                  be inconsistent with the CAA; and
                                                rulemaking (NPR) for the                                 PM2.5 NAAQS, the basis for suspending                    • does not provide EPA with the
                                                Commonwealth of Pennsylvania                             these requirements would no longer                    discretionary authority to address, as
                                                proposing to determine that the Liberty-                 exist. This final rulemaking action does              appropriate, disproportionate human
                                                Clairton Area has attained the 2006 24-                  not constitute a redesignation to                     health or environmental effects, using
                                                hour PM2.5 NAAQS. As part of the NPR,                    attainment under CAA section                          practicable and legally permissible
                                                EPA addressed the effect of a final                      107(d)(3). In addition, this                          methods, under Executive Order 12898
                                                determination of attainment under the                    determination does not relieve                        (59 FR 7629, February 16, 1994).
                                                Clean Data Policy for the Liberty-                       Pennsylvania from the requirement to                     In addition, this rule does not have
                                                Clairton Area, as a Moderate                             submit for the Liberty-Clairton Area an               tribal implications as specified by
                                                nonattainment area under subpart 4.                      emissions inventory as required by CAA                Executive Order 13175 (65 FR 67249,
                                                The rationale for EPA’s action is                        section 172(c)(3) or to have a                        November 9, 2000), because the SIP is
                                                explained in the NPR and will not be                     nonattainment area permitting program                 not approved to apply in Indian country
                                                restated here. No comments were                          pursuant to CAA sections 172(c)(5) and                located in the State, and EPA notes that
                                                received on the NPR.                                     173.                                                  it will not impose substantial direct
                                                                                                                                                               costs on tribal governments or preempt
                                                II. Summary of EPA’s Evaluation of the                   IV. Statutory and Executive Order
                                                                                                                                                               tribal law.
                                                Liberty-Clairton PM2.5 Air Quality Data                  Reviews
                                                   This final ‘‘clean data determination’’                                                                     B. Submission to Congress and the
                                                                                                         A. General Requirements                               Comptroller General
                                                for the Liberty-Clairton Area is based on
                                                the quality-controlled, quality assured,                   Under the CAA, the Administrator is                   The Congressional Review Act, 5
                                                certified PM2.5 air quality data for 2012–               required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                2014. There are two PM2.5 monitors in                    that complies with the provisions of the              Business Regulatory Enforcement
                                                the Liberty-Clairton Area—one in                         CAA and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                Liberty Borough and one in the City of                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                Clairton. The design values for the two                  Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                monitors in the Liberty-Clairton Area for                EPA’s role is to approve state choices,               submit a rule report, which includes a
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                                                the 2012–2014 monitoring period were                     provided that they meet the criteria of               copy of the rule, to each House of the
                                                35 mg/m3 or less. Therefore, EPA                         the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                determines that the Liberty-Clairton                     merely approves state law as meeting                  of the United States. EPA will submit a
                                                Area has attained the 2006 24-hour                       Federal requirements and does not                     report containing this action and other
                                                PM2.5 NAAQS during the 2012–2014                         impose additional requirements beyond                 required information to the U.S. Senate,
                                                monitoring period, in accordance with                    those imposed by state law. For that                  the U.S. House of Representatives, and
                                                40 CFR part 50. Additional information                   reason, this action:                                  the Comptroller General of the United


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                                                39698                Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations

                                                States prior to publication of the rule in               planning SIPs related to attainment of                fjallfoss.fcc.gov/ecfs2/. (Documents will
                                                the Federal Register. A major rule                       the standard for as long as this area                 be available electronically in ASCII,
                                                cannot take effect until 60 days after it                continues to meet the 2006 24-hour                    Microsoft Word, and/or Adobe Acrobat.)
                                                is published in the Federal Register.                    PM2.5 NAAQS. If EPA determines, after                 This document is also available for
                                                This action is not a ‘‘major rule’’ as                   notice-and-comment rulemaking, that                   public inspection and copying during
                                                defined by 5 U.S.C. 804(2).                              this area no longer meets the 2006 24-                regular business hours in the FCC
                                                                                                         hour PM2.5 NAAQS, the corresponding                   Reference Information Center, Federal
                                                C. Petitions for Judicial Review
                                                                                                         determination of attainment for that area             Communications Commission, 445 12th
                                                   Under section 307(b)(1) of the CAA,                   shall be withdrawn.                                   Street SW., CY–A257, Washington, DC
                                                petitions for judicial review of this                    [FR Doc. 2015–16813 Filed 7–9–15; 8:45 am]            20554. The complete text may be
                                                action must be filed in the United States                BILLING CODE 6560–50–P                                purchased from the Commission’s copy
                                                Court of Appeals for the appropriate                                                                           contractor, 445 12th Street SW., Room
                                                circuit by September 8, 2015. Filing a                                                                         CY–B402, Washington, DC 20554.
                                                petition for reconsideration by the                      FEDERAL COMMUNICATIONS                                Alternative formats are available for
                                                Administrator of this final rule does not                COMMISSION                                            people with disabilities (Braille, large
                                                affect the finality of this action for the                                                                     print, electronic files, audio format), by
                                                purposes of judicial review nor does it                  47 CFR Part 79                                        sending an email to fcc504@fcc.gov or
                                                extend the time within which a petition                                                                        calling the Commission’s Consumer and
                                                for judicial review may be filed, and                    [MB Docket No. 12–107; FCC 15–56]
                                                                                                                                                               Governmental Affairs Bureau at (202)
                                                shall not postpone the effectiveness of                  Accessible Emergency Information,                     418–0530 (voice), (202) 418–0432
                                                such rule or action. This action,                        and Apparatus Requirements for                        (TTY).
                                                determining that the Liberty-Clairton                    Emergency Information and Video
                                                Area has attained the 2006 24-hour                                                                             I. Introduction
                                                                                                         Description
                                                PM2.5 NAAQS, may not be challenged                                                                                1. In this Second Report and Order,
                                                later in proceedings to enforce its                      AGENCY:  Federal Communications                       we take additional steps under the
                                                requirements. (See section 307(b)(2).)                   Commission.                                           authority of sections 202 and 203 of the
                                                                                                         ACTION: Final rule.                                   Twenty-First Century Communications
                                                List of Subjects in 40 CFR Part 52                                                                             and Video Accessibility Act of 2010
                                                  Environmental protection, Air                          SUMMARY:    In this document, the                     (‘‘CVAA’’) 1 to make emergency
                                                pollution control, Incorporation by                      Commission adopts additional rules                    information in video programming
                                                reference, Intergovernmental relations,                  under the authority of the Twenty-First               accessible to individuals who are blind
                                                Particulate matter, Reporting and                        Century Communications and Video                      or visually impaired. The Commission
                                                recordkeeping requirements.                              Accessibility Act of 2010 (CVAA) to                   adopted rules in 2013 to require that
                                                    Authority: 42 U.S.C. 7401 et seq.                    make emergency information in video                   visual emergency information shown
                                                                                                         programming accessible to individuals                 during non-newscast television
                                                  Dated: June 25, 2015.
                                                                                                         who are blind or visually impaired.                   programming, such as in an on-screen
                                                Shawn M. Garvin,                                         First, the document requires                          crawl, is also available to individuals
                                                Regional Administrator, Region III.                      multichannel video programming                        who are blind or visually impaired
                                                    40 CFR part 52 is amended as follows:                distributors to pass through a secondary              through an aural presentation on a
                                                                                                         audio stream containing audible                       secondary audio stream.2 In adopting
                                                PART 52—APPROVAL AND                                     emergency information when they                       these rules pursuant to sections 202 and
                                                PROMULGATION OF                                          permit consumers to access linear                     203 of the CVAA, the Commission
                                                IMPLEMENTATION PLANS                                     programming on second screen devices,                 recognized the importance of making
                                                                                                         such as tablets, smartphones, laptops,                sure that individuals who are blind or
                                                ■ 1. The authority citation for part 52
                                                                                                         and similar devices. Second, the                      visually impaired are able to hear
                                                continues to read as follows:
                                                                                                         document requires manufacturers of                    critical information about emergencies
                                                    Authority: 42 U.S.C. 7401 et seq.                    apparatus that receive or play back                   affecting their locality, which can
                                                                                                         video programming to provide a                        enable them promptly to respond to
                                                Subpart NN—Pennsylvania                                  mechanism that is simple and easy to                  such emergency situations and to
                                                ■ 2. Section 52.2059 is amended by                       use for activating the secondary audio                protect their lives and property.
                                                adding paragraph (q) to read as follows:                 stream to access audible emergency                       2. First, this Second Report and Order
                                                                                                         information.                                          concludes that multichannel video
                                                § 52.2059    Control strategy: Particulate                                                                     programming distributors (‘‘MVPDs’’)
                                                matter.                                                  DATES:   Effective August 10, 2015.
                                                *      *    *     *    *                                 FOR FURTHER INFORMATION CONTACT:                        1 Twenty-First Century Communications and
                                                   (q) Determination of attainment. EPA                  Evan Baranoff, Evan.Baranoff@fcc.gov,                 Video Accessibility Act of 2010, Public Law 111–
                                                has determined, as of July 10, 2015,                     of the Media Bureau, Policy Division,                 260, 124 Stat. 2751 (2010); Amendment of Twenty-
                                                based on quality-assured ambient air                     (202) 418–2120.                                       First Century Communications and Video
                                                                                                                                                               Accessibility Act of 2010, Public Law 111–265, 124
                                                quality data for 2012 to 2014, that the                  SUPPLEMENTARY INFORMATION: This is a                  Stat. 2795 (2010) (making technical corrections to
                                                Liberty-Clairton, PA nonattainment area                  summary of the Commission’s Second                    the CVAA).
                                                has attained the 2006 24-hour fine                       Report and Order (Order), FCC 15–56,                    2 See Accessible Emergency Information;

                                                particle (PM2.5) national ambient air                    adopted on May 21, 2015, and released                 Apparatus Requirements for Emergency
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                                                                                                                                                               Information and Video Description: Implementation
                                                quality standards (NAAQS). This                          on May 28, 2015. The full text of this                of the Twenty-First Century Communications and
                                                determination suspends the                               document is available electronically via              Video Accessibility Act of 2010, MB Docket Nos.
                                                requirements for this area to submit an                  the FCC’s Electronic Document                         12–107, 11–43, Report and Order, FCC 13–45, 78 FR
                                                attainment demonstration, associated                     Management System (EDOCS) Web site                    31770 (2013) (‘‘First Report and Order’’). A
                                                                                                                                                               secondary audio stream is an audio channel, other
                                                reasonably available control measures, a                 at http://fjallfoss.fcc.gov/edocs_public/             than the main program audio channel, that is
                                                reasonable further progress plan,                        or via the FCC’s Electronic Comment                   typically used for foreign language audio and video
                                                contingency measures, and other                          Filing System (ECFS) Web site at http://              description.



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Document Created: 2018-02-23 09:15:40
Document Modified: 2018-02-23 09:15:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 10, 2015.
ContactEmlyn V[eacute]lez-Rosa, (215) 814- 2038, or by email at [email protected]
FR Citation80 FR 39696 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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