81_FR_58600 81 FR 58435 - Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-Beaver Valley

81 FR 58435 - Determination of Attainment by the Attainment Date for the 2008 Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-Beaver Valley

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range58435-58438
FR Document2016-20313

The Environmental Protection Agency (EPA) is proposing to determine that the Pittsburgh-Beaver Valley, Pennsylvania marginal ozone nonattainment area (the Pittsburgh Area) has attained the 2008 ozone national ambient air quality standards (NAAQS) by the July 20, 2016 attainment date. This proposed determination is based on complete, certified, and quality assured ambient air quality monitoring data for the Pittsburgh Area for the 2013-2015 monitoring period. This proposed determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58435-58438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20313]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0368; FRL-9951-26-Region 3]


Determination of Attainment by the Attainment Date for the 2008 
Ozone National Ambient Air Quality Standards; Pennsylvania; Pittsburgh-
Beaver Valley

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Pittsburgh-Beaver Valley, Pennsylvania marginal 
ozone nonattainment area (the Pittsburgh Area) has attained the 2008 
ozone national ambient air quality standards (NAAQS) by the July 20, 
2016 attainment date. This proposed determination is based on complete, 
certified, and quality assured ambient air quality monitoring data for 
the Pittsburgh Area for the 2013-2015 monitoring period. This proposed 
determination does not constitute a redesignation to attainment. This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 26, 
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0368 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 58436]]

I. Background

A. Statutory Requirement--Determination of Attainment by the Attainment 
Date

    Section 181(b)(2) of the CAA requires EPA to determine, within 6 
months of an ozone nonattainment area's attainment date, whether that 
area attained the ozone standard by that date. Section 181(b)(2) of the 
CAA also requires that areas that have not attained the standard by 
their attainment deadlines be reclassified to either the next higher 
classification (e.g., marginal to moderate, moderate to serious, etc.) 
or to the classifications applicable to the areas' design values in 
Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism 
by which the EPA Administrator may grant a 1-year extension of an 
area's attainment deadline, provided that the relevant states meet 
certain criteria.

B. The Pittsburgh Area and Its Attainment Date

    On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 
parts per million (ppm), averaged over eight hours. 62 FR 38855. This 
standard was determined to be more protective of public health than the 
previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour 
ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR 
16436 (March 27, 2008). In a May 21, 2012 final rule, the Pittsburgh 
Area was designated as marginal nonattainment for the more stringent 
2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The 
Pittsburgh Area consists of Allegheny, Armstrong, Beaver, Butler, 
Fayette, Washington, and Westmoreland Counties in Pennsylvania. See 40 
CFR 81.339.
    In a separate rulemaking action, also published on May 21, 2012 and 
effective on July 20, 2012, EPA established the air quality thresholds 
that define the classifications assigned to all nonattainment areas for 
the 2008 ozone NAAQS (the Classifications Rule). 77 FR 30160. This rule 
also established December 31 of each relevant calendar year as the 
attainment date for all nonattainment area classification categories. 
Section 181 of the CAA provides that the attainment deadline for ozone 
nonattainment areas is ``as expeditiously as practicable'' but no later 
than the prescribed dates that are provided in Table 1 of that section. 
In the Classifications Rule, EPA translated the deadlines in Table 1 of 
CAA section 181 for purposes of the 2008 standard by measuring those 
deadlines from the effective date of the new designations, but extended 
those deadlines by several months to December 31 of the corresponding 
calendar year. Pursuant to a challenge of EPA's interpretation of the 
attainment deadlines, on December 23, 2014, the United States Court of 
Appeals for the District of Columbia Circuit (D.C. Circuit) issued a 
decision rejecting, among other things, the Classifications Rule's 
attainment deadlines for the 2008 ozone nonattainment areas, finding 
that EPA did not have statutory authority under the CAA to extend those 
deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 
464-69 (D.C. Cir. 2014). Accordingly, as part of the final SIP 
Requirements Rule for the 2008 ozone NAAQS (80 FR 12264, March 6, 
2015), EPA modified the maximum attainment dates for all nonattainment 
areas for the 2008 ozone NAAQS, consistent with the D.C. Circuit's 
decision. The State Implementation Plan (SIP) Requirements Rule 
established a maximum deadline for marginal nonattainment areas of 
three years from the effective date of designation, or July 20, 2015, 
to attain the 2008 ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103.
    In a final rulemaking action published on May 4, 2016, EPA 
determined that the Pittsburgh Area did not attain the 2008 ozone NAAQS 
by its July 20, 2015 attainment date, based on ambient air quality 
monitoring data for the 2012-2014 monitoring period. In that same 
action, EPA determined that the Pittsburgh Area qualified for a 1-year 
extension of its attainment date, as provided in section 181(a)(5) of 
the CAA and interpreted by regulation at 40 CFR 51.1107. The new 
attainment date for the Pittsburgh Area is July 20, 2016. See 81 FR 
26697 (May 4, 2016).

II. EPA's Analysis of the Relevant Air Quality Data

    Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone 
NAAQS is attained at a monitoring site when the three-year average of 
the annual fourth highest daily maximum 8-hour average ambient air 
quality ozone concentration is less than or equal to 0.075 ppm. This 
three-year average is referred to as the design value. When the design 
value is less than or equal to 0.075 ppm at each ambient air quality 
monitoring site within the area, then the area is deemed to be meeting 
the NAAQS. The rounding convention under 40 CFR part 50, appendix P 
dictates that concentrations shall be reported in ppm to the third 
decimal place, with additional digits to the right being truncated. 
Thus, a computed three-year average ozone concentration of 0.0759 ppm 
or lower would meet the standard, but 0.0760 ppm or higher is over the 
standard.
    EPA's determination of attainment is based upon data that has been 
collected and quality-assured in accordance with 40 CFR part 58 and 
recorded in EPA's Air Quality System (AQS) database. Ambient air 
quality monitoring data for the three-year period must meet a data 
completeness requirement. The ambient air quality monitoring data 
completeness requirement is met when the three-year average of the 
percent (%) of required monitoring days with valid ambient monitoring 
data is greater than 90%, and no single year has less than 75% data 
completeness, as determined according to appendix P of part 50. Tables 
1 and 2 show the data completeness and ozone design values, 
respectively, for each monitor in the Pittsburgh Area for the years 
2013-2015.

                                                               Table 1--2013-2015 Pittsburgh Area Ozone Monitor Data Completeness
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    County                         Site ID                Percent data completeness
                                                  2013-2015 average percent        Comment
                                                        completeness
                                                              ------------------------------------------------
                                                                    2013            2014            2015
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Allegheny....................................       420030008              98             100              95                98
                                                    420030010             100  ..............  ..............                33                Site shut down in 2013.\a\
                                                    420030067              99              99             100                99
                                                                                                              --------------------------------
                                                    420031005              98  ..............  ..............              33              97  Site shut down in 2013.\b\
 
                                                    420031008  ..............             100              93              64                  Site started 2014.\b\
                                                                                                              --------------------------------
Armstrong....................................       420050001              95             100             100                98
Beaver.......................................       420070002              98              96              97                97

[[Page 58437]]

 
                                                    420070005              96              95              93                95
                                                    420070014              89              99              94                94
Washington...................................       421250005              98             100              97                98
                                                    421250200              98              98             100                98
                                                    421255001             100              98              94                97
                                                    421255200              99              99  ..............                66                Site shut down in 2015.\a\
Westmoreland.................................       421290006              98              38  ..............                45                Site shut down in July 2014.\a\
                                                    421290008              97              99              97                98
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The monitoring site shutdowns and startups are included in the Pennsylvania Department of the Environment's (PADEP's) July 2014 Annual Network Plan. PADEP submitted the monitoring plan to
  EPA on June 27, 2014, and EPA approved it on November 21, 2014.
\b\ The ozone monitor at monitoring site 420031005 was moved to monitoring site 420031008 in February 2014. The new location is about one quarter of a mile away from the previous location, and
  is at a similar elevation. The data from these sites will be combined to calculate a valid design value. This monitor move was included in the Allegheny County Health Department's (ACHD's)
  July 2014 monitoring plan, which ACHD submitted to EPA on July 1, 2014, and which EPA approved on November 21, 2014.

    As shown in Table 1, several monitoring sites do not meet the 
completeness criteria set out in 40 CFR part 50, appendix P. However, 
the reasons for the completeness issues were either monitor shutdowns 
or startup, approved into PADEP's and ACHD's monitoring plans. Because 
three years of complete data is not possible at these monitoring sites, 
EPA does not look for valid design values at these sites. However, the 
circumstances are different for monitoring sites 420031005 and 
420031008. The ozone monitor was moved from monitoring site 420031005 
to monitoring site 420031008. These sites are within 0.25 miles of each 
other, and are at similar elevations. Therefore, EPA is able to 
consider the data at both monitoring sites as representing the same 
area, and can combine the data for these two locations to calculate a 
valid design value. When data from both locations is considered, the 
three-year average completeness is 97%.

                           Table 2--2013-2015 Pittsburgh Area 2008 Ozone Design Values
----------------------------------------------------------------------------------------------------------------
                                                             4th highest daily maximum               2013-2015
             County                   Site ID    ------------------------------------------------  Design value
                                                       2013            2014            2015            (ppm)
----------------------------------------------------------------------------------------------------------------
Allegheny.......................       420030008           0.070           0.065           0.071           0.068
                                       420030010           0.075  ..............  ..............  ..............
                                       420030067           0.066           0.065           0.068           0.066
                                       420031005           0.076           0.042  ..............           0.073
                                       420031008  ..............           0.071           0.074  ..............
Armstrong.......................       420050001           0.078           0.068           0.070           0.072
Beaver..........................       420070002           0.072           0.069           0.070           0.070
                                       420070005           0.072           0.070           0.067           0.069
                                       420070014           0.066           0.066           0.063           0.065
Washington......................       421250005           0.064           0.065           0.072           0.067
                                       421250200           0.067           0.064           0.069           0.066
                                       421255001           0.071           0.064           0.071           0.068
                                       421255200           0.063           0.062           0.045  ..............
Westmoreland....................       421290006           0.067           0.053  ..............  ..............
                                       421290008           0.070           0.064           0.069           0.067
----------------------------------------------------------------------------------------------------------------
Note: Only valid design values for monitors meeting the completeness criteria are shown.

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air quality monitoring data for the 
monitoring period from 2013 through 2015 for the Pittsburgh Area, as 
recorded in the AQS database. As shown in Table 2, all valid 2013-2015 
design values are less than or equal to 0.075 ppm. Therefore, the 
Pittsburgh Area has attained the 2008 ozone NAAQS, considering 2013-
2015 data.

III. Proposed Action

    EPA evaluated ozone data from air quality monitors in the 
Pittsburgh Area in order to determine the area's attainment status 
under the 2008 ozone NAAQS. State and local agencies responsible for 
ozone air monitoring networks supplied and quality assured the data. 
All the monitoring sites with valid data had design values equal to or 
less than 0.075 ppm based on the 2013-2015 monitoring period. 
Considering that review, EPA has concluded that this area attained the 
2008 ozone NAAQS based on complete, quality assured and certified data 
for the 2013-2015 ozone seasons. Thus, EPA proposes to determine, in 
accordance with its statutory obligations under section 181(b)(2)(A) of 
the CAA and the provisions of the SIP Requirements Rule (40 CFR 
51.1103), that the Pittsburgh Area attained the 2008 ozone NAAQS by the 
applicable attainment date of July 20, 2016.
    This proposed determination of attainment does not constitute a 
redesignation to attainment. Redesignations require states to meet a 
number of additional criteria, including EPA approval of a state plan 
to maintain the air quality standard for 10 years after redesignation. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    This rulemaking action proposes to make a determination of 
attainment on the 2008 ozone NAAQS based on air quality and, if 
finalized, would not impose additional requirements. For that reason, 
this proposed determination of attainment:

[[Page 58438]]

     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, proposing to determine that the 
Pittsburgh Area attained the 2008 ozone NAAQS by its July 20, 2016 
attainment date, does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because this 
proposed determination of attainment does not 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, Ozone, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-20313 Filed 8-24-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                     Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules                                        58435

                                               ENVIRONMENTAL PROTECTION                                information about CBI or multimedia                   SUMMARY:    The Environmental Protection
                                               AGENCY                                                  submissions, and general guidance on                  Agency (EPA) is proposing to determine
                                                                                                       making effective comments, please visit               that the Pittsburgh-Beaver Valley,
                                               40 CFR Part 52                                          http://www2.epa.gov/dockets/                          Pennsylvania marginal ozone
                                               [EPA–R05–OAR–2016–0169; FRL–9951–28–                    commenting-epa-dockets.                               nonattainment area (the Pittsburgh
                                               Region 5]                                               FOR FURTHER INFORMATION CONTACT:                      Area) has attained the 2008 ozone
                                                                                                       Joseph Ko, Environmental Engineer,                    national ambient air quality standards
                                               Air Plan Approval; Indiana; RACM                        Attainment, Planning and Maintenance                  (NAAQS) by the July 20, 2016
                                               Determination for Indiana Portion of                    Section, Air Programs Branch (AR–18J),                attainment date. This proposed
                                               the Cincinnati-Hamilton 1997 Annual                     Environmental Protection Agency,                      determination is based on complete,
                                               PM2.5 Nonattainment Area                                Region 5, 77 West Jackson Boulevard,                  certified, and quality assured ambient
                                               AGENCY:  Environmental Protection                       Chicago, Illinois 60604, (312) 886–7947,              air quality monitoring data for the
                                               Agency (EPA).                                           ko.joseph@epa.gov.                                    Pittsburgh Area for the 2013–2015
                                               ACTION: Proposed rule.                                  SUPPLEMENTARY INFORMATION: In the                     monitoring period. This proposed
                                                                                                       Rules and Regulations section of this                 determination does not constitute a
                                               SUMMARY:   The Environmental Protection                 Federal Register, EPA is approving the                redesignation to attainment. This action
                                               Agency (EPA) is proposing to approve                    state’s SIP submittal as a direct final               is being taken under the Clean Air Act
                                               the reasonably available control                        rule without prior proposal because the               (CAA).
                                               measures (RACM) and reasonably                          Agency views this as a noncontroversial
                                               available control technology (RACT)                     submittal and anticipates no adverse                  DATES: Written comments must be
                                               analysis that Indiana submitted as part                 comments. A detailed rationale for the                received on or before September 26,
                                               of their earlier attainment plan for the                approval is set forth in the direct final             2016.
                                               1997 fine particulate matter (PM2.5)                    rule. If no adverse comments are
                                               standard, in accordance with Indiana’s                  received in response to this rule, no                 ADDRESSES:   Submit your comments,
                                               request dated February 11, 2016. The                    further activity is contemplated. If EPA              identified by Docket ID No. EPA–R03–
                                               RACM/RACT analysis addresses RACM                       receives adverse comments, the direct                 OAR–2016–0368 at http://
                                               and RACT for the Indiana portion of the                 final rule will be withdrawn and all                  www.regulations.gov, or via email to
                                               Cincinnati-Hamilton nonattainment area                  public comments received will be                      fernandez.cristina@epa.gov. For
                                               for the 1997 PM2.5 standard. EPA is not                 addressed in a subsequent final rule                  comments submitted at Regulations.gov,
                                               proposing to act on the portions of the                 based on this proposed rule. EPA will                 follow the online instructions for
                                               state implementation plan (SIP) revision                not institute a second comment period.                submitting comments. Once submitted,
                                               that are unrelated to RACM/RACT.                        Any parties interested in commenting                  comments cannot be edited or removed
                                               Other portions of the attainment plan                   on this action should do so at this time.             from Regulations.gov. For either manner
                                               have either been addressed or will be                   Please note that if EPA receives adverse              of submission, EPA may publish any
                                               addressed in future rulemaking actions.                 comment on an amendment, paragraph,                   comment received to its public docket.
                                               DATES: Comments must be received on                     or section of this rule and if that                   Do not submit electronically any
                                               or before September 26, 2016.                           provision may be severed from the                     information you consider to be
                                               ADDRESSES: Submit your comments,                        remainder of the rule, EPA may adopt                  confidential business information (CBI)
                                               identified by Docket ID No. EPA–R05–                    as final those provisions of the rule that            or other information whose disclosure is
                                               OAR–2016–0169 at http://                                are not the subject of an adverse                     restricted by statute. Multimedia
                                               www.regulations.gov or via email to                     comment. For additional information,                  submissions (audio, video, etc.) must be
                                               aburano.douglas@epa.gov. For                            see the direct final rule which is located            accompanied by a written comment.
                                               comments submitted at Regulations.gov,                  in the Rules and Regulations section of
                                               follow the online instructions for                                                                            The written comment is considered the
                                                                                                       this Federal Register.                                official comment and should include
                                               submitting comments. Once submitted,
                                                                                                         Dated: August 9, 2016.                              discussion of all points you wish to
                                               comments cannot be edited or removed
                                               from Regulations.gov. For either manner                 Robert Kaplan,                                        make. EPA will generally not consider
                                               of submission, EPA may publish any                      Acting Regional Administrator, Region 5.              comments or comment contents located
                                               comment received to its public docket.                  [FR Doc. 2016–20311 Filed 8–24–16; 8:45 am]           outside of the primary submission (i.e.
                                               Do not submit electronically any                        BILLING CODE 6560–50–P                                on the web, cloud, or other file sharing
                                               information you consider to be                                                                                system). For additional submission
                                               Confidential Business Information (CBI)                                                                       methods, please contact the person
                                               or other information whose disclosure is                ENVIRONMENTAL PROTECTION                              identified in the FOR FURTHER
                                               restricted by statute. Multimedia                       AGENCY                                                INFORMATION CONTACT section. For the
                                               submissions (audio, video, etc.) must be                                                                      full EPA public comment policy,
                                                                                                       40 CFR Part 52
                                               accompanied by a written comment.                                                                             information about CBI or multimedia
                                               The written comment is considered the                   [EPA–R03–OAR–2016–0368; FRL–9951–26–                  submissions, and general guidance on
                                               official comment and should include                     Region 3]                                             making effective comments, please visit
                                               discussion of all points you wish to                                                                          http://www2.epa.gov/dockets/
                                               make. EPA will generally not consider                   Determination of Attainment by the
                                                                                                                                                             commenting-epa-dockets.
                                               comments or comment contents located                    Attainment Date for the 2008 Ozone
Lhorne on DSK30JT082PROD with PROPOSALS




                                               outside of the primary submission (i.e.                 National Ambient Air Quality                          FOR FURTHER INFORMATION CONTACT:
                                               on the web, cloud, or other file sharing                Standards; Pennsylvania; Pittsburgh-                  Maria A. Pino, (215) 814–2181, or by
                                               system). For additional submission                      Beaver Valley                                         email at pino.maria@epa.gov.
                                               methods, please contact the person                      AGENCY:  Environmental Protection                     SUPPLEMENTARY INFORMATION:
                                               identified in the FOR FURTHER                           Agency (EPA).
                                               INFORMATION CONTACT section. For the
                                                                                                       ACTION: Proposed rule.
                                               full EPA public comment policy,


                                          VerDate Sep<11>2014   13:57 Aug 24, 2016   Jkt 238001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\25AUP1.SGM   25AUP1


                                               58436                           Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules

                                               I. Background                                                       30160. This rule also established                                           Pittsburgh Area qualified for a 1-year
                                                                                                                   December 31 of each relevant calendar                                       extension of its attainment date, as
                                               A. Statutory Requirement—
                                                                                                                   year as the attainment date for all                                         provided in section 181(a)(5) of the CAA
                                               Determination of Attainment by the
                                                                                                                   nonattainment area classification                                           and interpreted by regulation at 40 CFR
                                               Attainment Date
                                                                                                                   categories. Section 181 of the CAA                                          51.1107. The new attainment date for
                                                  Section 181(b)(2) of the CAA requires                            provides that the attainment deadline                                       the Pittsburgh Area is July 20, 2016. See
                                               EPA to determine, within 6 months of                                for ozone nonattainment areas is ‘‘as                                       81 FR 26697 (May 4, 2016).
                                               an ozone nonattainment area’s                                       expeditiously as practicable’’ but no
                                               attainment date, whether that area                                  later than the prescribed dates that are                                    II. EPA’s Analysis of the Relevant Air
                                               attained the ozone standard by that date.                           provided in Table 1 of that section. In                                     Quality Data
                                               Section 181(b)(2) of the CAA also                                   the Classifications Rule, EPA translated                                       Under EPA regulations at 40 CFR part
                                               requires that areas that have not attained                          the deadlines in Table 1 of CAA section                                     50, appendix P, the 2008 ozone NAAQS
                                               the standard by their attainment                                    181 for purposes of the 2008 standard                                       is attained at a monitoring site when the
                                               deadlines be reclassified to either the                             by measuring those deadlines from the                                       three-year average of the annual fourth
                                               next higher classification (e.g., marginal                          effective date of the new designations,                                     highest daily maximum 8-hour average
                                               to moderate, moderate to serious, etc.)                             but extended those deadlines by several                                     ambient air quality ozone concentration
                                               or to the classifications applicable to the                         months to December 31 of the                                                is less than or equal to 0.075 ppm. This
                                               areas’ design values in Table 1 of 40                               corresponding calendar year. Pursuant                                       three-year average is referred to as the
                                               CFR 51.1103. CAA section 181(a)(5)                                  to a challenge of EPA’s interpretation of                                   design value. When the design value is
                                               provides a mechanism by which the                                   the attainment deadlines, on December                                       less than or equal to 0.075 ppm at each
                                               EPA Administrator may grant a 1-year                                23, 2014, the United States Court of                                        ambient air quality monitoring site
                                               extension of an area’s attainment                                   Appeals for the District of Columbia                                        within the area, then the area is deemed
                                               deadline, provided that the relevant                                Circuit (D.C. Circuit) issued a decision
                                                                                                                                                                                               to be meeting the NAAQS. The
                                               states meet certain criteria.                                       rejecting, among other things, the
                                                                                                                                                                                               rounding convention under 40 CFR part
                                                                                                                   Classifications Rule’s attainment
                                               B. The Pittsburgh Area and Its                                                                                                                  50, appendix P dictates that
                                                                                                                   deadlines for the 2008 ozone
                                               Attainment Date                                                                                                                                 concentrations shall be reported in ppm
                                                                                                                   nonattainment areas, finding that EPA
                                                  On July 18, 1997, EPA promulgated a                                                                                                          to the third decimal place, with
                                                                                                                   did not have statutory authority under
                                               revised ozone NAAQS of 0.08 parts per                                                                                                           additional digits to the right being
                                                                                                                   the CAA to extend those deadlines to
                                               million (ppm), averaged over eight                                                                                                              truncated. Thus, a computed three-year
                                                                                                                   the end of the calendar year. NRDC v.
                                               hours. 62 FR 38855. This standard was                                                                                                           average ozone concentration of 0.0759
                                                                                                                   EPA, 777 F.3d 456, 464–69 (D.C. Cir.
                                               determined to be more protective of                                                                                                             ppm or lower would meet the standard,
                                                                                                                   2014). Accordingly, as part of the final
                                               public health than the previous 1979 1-                             SIP Requirements Rule for the 2008                                          but 0.0760 ppm or higher is over the
                                               hour ozone standard. In 2008, EPA                                   ozone NAAQS (80 FR 12264, March 6,                                          standard.
                                               revised the 8-hour ozone NAAQS from                                 2015), EPA modified the maximum                                                EPA’s determination of attainment is
                                               0.08 to 0.075 ppm (the 2008 ozone                                   attainment dates for all nonattainment                                      based upon data that has been collected
                                               NAAQS). See 73 FR 16436 (March 27,                                  areas for the 2008 ozone NAAQS,                                             and quality-assured in accordance with
                                               2008). In a May 21, 2012 final rule, the                            consistent with the D.C. Circuit’s                                          40 CFR part 58 and recorded in EPA’s
                                               Pittsburgh Area was designated as                                   decision. The State Implementation                                          Air Quality System (AQS) database.
                                               marginal nonattainment for the more                                 Plan (SIP) Requirements Rule                                                Ambient air quality monitoring data for
                                               stringent 2008 ozone NAAQS, effective                               established a maximum deadline for                                          the three-year period must meet a data
                                               on July 20, 2012. 77 FR 30088. The                                  marginal nonattainment areas of three                                       completeness requirement. The ambient
                                               Pittsburgh Area consists of Allegheny,                              years from the effective date of                                            air quality monitoring data
                                               Armstrong, Beaver, Butler, Fayette,                                 designation, or July 20, 2015, to attain                                    completeness requirement is met when
                                               Washington, and Westmoreland                                        the 2008 ozone NAAQS. See 80 FR at                                          the three-year average of the percent (%)
                                               Counties in Pennsylvania. See 40 CFR                                12268; 40 CFR 51.1103.                                                      of required monitoring days with valid
                                               81.339.                                                                In a final rulemaking action published                                   ambient monitoring data is greater than
                                                  In a separate rulemaking action, also                            on May 4, 2016, EPA determined that                                         90%, and no single year has less than
                                               published on May 21, 2012 and effective                             the Pittsburgh Area did not attain the                                      75% data completeness, as determined
                                               on July 20, 2012, EPA established the air                           2008 ozone NAAQS by its July 20, 2015                                       according to appendix P of part 50.
                                               quality thresholds that define the                                  attainment date, based on ambient air                                       Tables 1 and 2 show the data
                                               classifications assigned to all                                     quality monitoring data for the 2012–                                       completeness and ozone design values,
                                               nonattainment areas for the 2008 ozone                              2014 monitoring period. In that same                                        respectively, for each monitor in the
                                               NAAQS (the Classifications Rule). 77 FR                             action, EPA determined that the                                             Pittsburgh Area for the years 2013–2015.
                                                                                     TABLE 1—2013–2015 PITTSBURGH AREA OZONE MONITOR DATA COMPLETENESS
                                                             County                      Site ID                      Percent data completeness                                       2013–2015 average percent                  Comment
                                                                                                                                                                                            completeness

                                                                                                            2013                       2014                       2015

                                               Allegheny ...........................     420030008                      98                        100                          95                98
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                                                                                         420030010                     100      ........................   ........................              33                   Site shut down in 2013.a
                                                                                         420030067                      99                          99                       100                 99

                                                                                         420031005                       98     ........................   ........................            33                97   Site shut down in 2013.b

                                                                                         420031008   ........................                     100                          93              64                     Site started 2014.b

                                               Armstrong ..........................      420050001                       95                       100                        100                 98
                                               Beaver ................................   420070002                       98                        96                         97                 97



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                                                                             Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules                                                                                             58437

                                                                       TABLE 1—2013–2015 PITTSBURGH AREA OZONE MONITOR DATA COMPLETENESS—Continued
                                                                                           420070005                         96               95                       93                       95
                                                                                           420070014                         89               99                       94                       94
                                               Washington ........................         421250005                         98              100                       97                       98
                                                                                           421250200                         98               98                     100                        98
                                                                                           421255001                        100               98                       94                       97
                                                                                           421255200                         99               99   ........................                     66                         Site shut down in 2015.a
                                               Westmoreland ....................           421290006                         98               38   ........................                     45                         Site shut down in July 2014.a
                                                                                           421290008                         97               99                       97                       98

                                                  Notes:
                                                  a The monitoring site shutdowns and startups are included in the Pennsylvania Department of the Environment’s (PADEP’s) July 2014 Annual
                                               Network Plan. PADEP submitted the monitoring plan to EPA on June 27, 2014, and EPA approved it on November 21, 2014.
                                                  b The ozone monitor at monitoring site 420031005 was moved to monitoring site 420031008 in February 2014. The new location is about one
                                               quarter of a mile away from the previous location, and is at a similar elevation. The data from these sites will be combined to calculate a valid de-
                                               sign value. This monitor move was included in the Allegheny County Health Department’s (ACHD’s) July 2014 monitoring plan, which ACHD sub-
                                               mitted to EPA on July 1, 2014, and which EPA approved on November 21, 2014.


                                                 As shown in Table 1, several                                            possible at these monitoring sites, EPA                              elevations. Therefore, EPA is able to
                                               monitoring sites do not meet the                                          does not look for valid design values at                             consider the data at both monitoring
                                               completeness criteria set out in 40 CFR                                   these sites. However, the circumstances                              sites as representing the same area, and
                                               part 50, appendix P. However, the                                         are different for monitoring sites                                   can combine the data for these two
                                               reasons for the completeness issues                                       420031005 and 420031008. The ozone                                   locations to calculate a valid design
                                               were either monitor shutdowns or                                          monitor was moved from monitoring                                    value. When data from both locations is
                                               startup, approved into PADEP’s and                                        site 420031005 to monitoring site                                    considered, the three-year average
                                               ACHD’s monitoring plans. Because                                          420031008. These sites are within 0.25                               completeness is 97%.
                                               three years of complete data is not                                       miles of each other, and are at similar

                                                                                           TABLE 2—2013–2015 PITTSBURGH AREA 2008 OZONE DESIGN VALUES
                                                                                                                                                                                 4th highest daily maximum                                        2013–2015
                                                                                      County                                                Site ID                                                                                              Design value
                                                                                                                                                                        2013                     2014                       2015                    (ppm)

                                               Allegheny .............................................................................      420030008                         0.070                      0.065                      0.071                      0.068
                                                                                                                                            420030010                         0.075       ........................   ........................   ........................
                                                                                                                                            420030067                         0.066                      0.065                      0.068                      0.066
                                                                                                                                            420031005                         0.076                      0.042       ........................                  0.073
                                                                                                                                            420031008          ........................                  0.071                      0.074       ........................
                                               Armstrong .............................................................................      420050001                         0.078                      0.068                      0.070                      0.072
                                               Beaver ..................................................................................    420070002                         0.072                      0.069                      0.070                      0.070
                                                                                                                                            420070005                         0.072                      0.070                      0.067                      0.069
                                                                                                                                            420070014                         0.066                      0.066                      0.063                      0.065
                                               Washington ..........................................................................        421250005                         0.064                      0.065                      0.072                      0.067
                                                                                                                                            421250200                         0.067                      0.064                      0.069                      0.066
                                                                                                                                            421255001                         0.071                      0.064                      0.071                      0.068
                                                                                                                                            421255200                         0.063                      0.062                      0.045       ........................
                                               Westmoreland ......................................................................          421290006                         0.067                      0.053       ........................   ........................
                                                                                                                                            421290008                         0.070                      0.064                      0.069                      0.067
                                                  Note: Only valid design values for monitors meeting the completeness criteria are shown.


                                                 Consistent with the requirements                                        networks supplied and quality assured                                redesignation to attainment.
                                               contained in 40 CFR part 50, EPA has                                      the data. All the monitoring sites with                              Redesignations require states to meet a
                                               reviewed the ozone ambient air quality                                    valid data had design values equal to or                             number of additional criteria, including
                                               monitoring data for the monitoring                                        less than 0.075 ppm based on the 2013–                               EPA approval of a state plan to maintain
                                               period from 2013 through 2015 for the                                     2015 monitoring period. Considering                                  the air quality standard for 10 years after
                                               Pittsburgh Area, as recorded in the AQS                                   that review, EPA has concluded that                                  redesignation. EPA is soliciting public
                                               database. As shown in Table 2, all valid                                  this area attained the 2008 ozone                                    comments on the issues discussed in
                                               2013–2015 design values are less than                                     NAAQS based on complete, quality                                     this document. These comments will be
                                               or equal to 0.075 ppm. Therefore, the                                     assured and certified data for the 2013–                             considered before taking final action.
                                               Pittsburgh Area has attained the 2008                                     2015 ozone seasons. Thus, EPA
                                               ozone NAAQS, considering 2013–2015                                        proposes to determine, in accordance                                 IV. Statutory and Executive Order
                                               data.                                                                     with its statutory obligations under                                 Reviews
                                                                                                                         section 181(b)(2)(A) of the CAA and the
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                                               III. Proposed Action                                                      provisions of the SIP Requirements Rule                                This rulemaking action proposes to
                                                                                                                         (40 CFR 51.1103), that the Pittsburgh                                make a determination of attainment on
                                                  EPA evaluated ozone data from air                                                                                                           the 2008 ozone NAAQS based on air
                                               quality monitors in the Pittsburgh Area                                   Area attained the 2008 ozone NAAQS
                                                                                                                         by the applicable attainment date of July                            quality and, if finalized, would not
                                               in order to determine the area’s
                                                                                                                         20, 2016.                                                            impose additional requirements. For
                                               attainment status under the 2008 ozone
                                                                                                                                                                                              that reason, this proposed determination
                                               NAAQS. State and local agencies                                              This proposed determination of
                                                                                                                                                                                              of attainment:
                                               responsible for ozone air monitoring                                      attainment does not constitute a


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                                               58438                 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Proposed Rules

                                                  • Does not impose an information                     ENVIRONMENTAL PROTECTION                              EPA public comment policy,
                                               collection burden under the provisions                  AGENCY                                                information about CBI or multimedia
                                               of the Paperwork Reduction Act (44                                                                            submissions, and general guidance on
                                               U.S.C. 3501 et seq.);                                   40 CFR Part 52                                        making effective comments, please visit
                                                  • is certified as not having a                       [EPA–R08–OAR–2013–0145; FRL–9951–30–                  http://www2.epa.gov/dockets/
                                               significant economic impact on a                        Region 8]                                             commenting-epa-dockets.
                                               substantial number of small entities                                                                             Docket: All documents in the docket
                                               under the Regulatory Flexibility Act (5                 Approval and Promulgation of Air                      are listed in the www.regulations.gov
                                               U.S.C. 601 et seq.);                                    Quality Implementation Plans; North                   index. Although listed in the index,
                                                                                                       Dakota; Revisions to Air Pollution                    some information is not publicly
                                                  • does not contain any unfunded                      Control Rules                                         available, e.g., CBI or other information
                                               mandate or significantly or uniquely                                                                          whose disclosure is restricted by statute.
                                               affect small governments, as described                  AGENCY:  Environmental Protection                     Certain other material, such as
                                               in the Unfunded Mandates Reform Act                     Agency (EPA).                                         copyrighted material, will be publicly
                                               of 1995 (Pub. L. 104–4);                                ACTION: Proposed rule.                                available only in hard copy. Publicly
                                                  • does not have federalism                                                                                 available docket materials are available
                                               implications as specified in Executive                  SUMMARY:    The Environmental Protection
                                                                                                                                                             either electronically in
                                               Order 13132 (64 FR 43255, August 10,                    Agency (EPA) is proposing approval of
                                                                                                                                                             www.regulations.gov or in hard copy at
                                               1999);                                                  State Implementation Plan (SIP)
                                                                                                                                                             the Air Program, Environmental
                                                                                                       revisions submitted by the State of
                                                  • is not an economically significant                 North Dakota on January 28, 2013 and
                                                                                                                                                             Protection Agency (EPA), Region 8,
                                               regulatory action based on health or                                                                          1595 Wynkoop Street, Denver, Colorado
                                                                                                       April 22, 2014. The revisions are to
                                               safety risks subject to Executive Order                                                                       80202–1129. The EPA requests that if at
                                                                                                       Article 33–15 ‘‘Air Pollution Control’’
                                               13045 (62 FR 19885, April 23, 1997);                                                                          all possible, you contact the individual
                                                                                                       rules of the North Dakota
                                                                                                                                                             listed in the FOR FURTHER INFORMATION
                                                  • is not a significant regulatory action             Administrative Code. The revisions
                                                                                                                                                             CONTACT section to view the hard copy
                                               subject to Executive Order 13211 (66 FR                 include amendments to update the
                                                                                                                                                             of the docket. You may view the hard
                                               28355, May 22, 2001);                                   Prevention of Significant Deterioration
                                                                                                                                                             copy of the docket Monday through
                                                  • is not subject to requirements of                  (PSD) rules and the definition of
                                                                                                                                                             Friday, 8 a.m. to 4 p.m., excluding
                                               section 12(d) of the National                           ‘‘volatile organic compounds’’; to add
                                                                                                                                                             federal holidays.
                                               Technology Transfer and Advancement                     particulate matter less than 2.5 microns
                                                                                                       in diameter (PM2.5) methods of                        FOR FURTHER INFORMATION CONTACT:
                                               Act of 1995 (15 U.S.C. 272 note) because                                                                      Jaslyn Dobrahner, Air Program, U.S.
                                               application of those requirements would                 measurement; to modify the PM2.5 state
                                                                                                       ambient air quality standard,                         Environmental Protection Agency
                                               be inconsistent with the CAA; and                                                                             (EPA), Region 8, Mail Code 8P–AR,
                                                                                                       permissible open burning rule, and
                                                  • does not provide EPA with the                      permit fee processes; and, to remove                  1595 Wynkoop Street, Denver, Colorado
                                               discretionary authority to address, as                  permitting fees for sources that operate              80202–1129, (303) 312–6252,
                                               appropriate, disproportionate human                     an air monitoring site. The revisions                 dobrahner.jaslyn@epa.gov.
                                               health or environmental effects, using                  also make clarifying changes. This                    SUPPLEMENTARY INFORMATION:
                                               practicable and legally permissible                     action is being taken under section 110
                                               methods, under Executive Order 12898                                                                          I. General Information
                                                                                                       of the Clean Air Act (CAA).
                                               (59 FR 7629, February 16, 1994).                                                                              What should I consider as I prepare my
                                                                                                       DATES: Written comments must be
                                                  In addition, this proposed rule,                     received on or before September 26,                   comments for EPA?
                                               proposing to determine that the                         2016.                                                    1. Submitting Confidential Business
                                               Pittsburgh Area attained the 2008 ozone
                                                                                                       ADDRESSES:   Submit your comments,                    Information (CBI). Do not submit CBI to
                                               NAAQS by its July 20, 2016 attainment
                                                                                                       identified by Docket ID No. EPA–R08–                  the EPA through http://
                                               date, does not have tribal implications
                                                                                                       OAR–2013–0145 at http://                              www.regulations.gov or email. Clearly
                                               as specified by Executive Order 13175
                                                                                                       www.regulations.gov. Follow the online                mark the part or all of the information
                                               (65 FR 67249, November 9, 2000),
                                                                                                       instructions for submitting comments.                 that you claim to be CBI. For CBI
                                               because this proposed determination of
                                                                                                       Once submitted, comments cannot be                    information on a disk or CD–ROM that
                                               attainment does not apply in Indian
                                                                                                       edited or removed from regulations.gov.               you mail to the EPA, mark the outside
                                               country located in the state, and EPA
                                                                                                       The EPA may publish any comment                       of the disk or CD–ROM as CBI and then
                                               notes that it will not impose substantial
                                                                                                       received to its public docket. Do not                 identify electronically within the disk or
                                               direct costs on tribal governments or
                                                                                                       submit electronically any information                 CD–ROM the specific information that
                                               preempt tribal law.
                                                                                                       you consider to be Confidential                       is claimed as CBI. In addition to one
                                               List of Subjects in 40 CFR Part 52                      Business Information (CBI) or other                   complete version of the comment that
                                                                                                       information whose disclosure is                       includes information claimed as CBI, a
                                                 Environmental protection, Air                         restricted by statute. Multimedia                     copy of the comment that does not
                                               pollution control, Ozone, Incorporation                 submissions (audio, video, etc.,) must be             contain the information claimed as CBI
                                               by reference, Intergovernmental                         accompanied by a written comment.                     must be submitted for inclusion in the
                                               relations, Reporting and recordkeeping                  The written comment is considered the                 public docket. Information so marked
                                               requirements.                                           official comment and should include                   will not be disclosed except in
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                                                  Authority: 42 U.S.C. 7401 et seq.                    discussion of all points you wish to                  accordance with procedures set forth in
                                                                                                       make. The EPA will generally not                      40 CFR part 2.
                                                 Dated: August 12, 2016.
                                                                                                       consider comments or comment                             2. Tips for preparing your comments.
                                               Shawn M. Garvin,                                                                                              When submitting comments, remember
                                                                                                       contents located outside of the primary
                                               Regional Administrator, Region III.                     submission (i.e., on the web, cloud, or               to:
                                               [FR Doc. 2016–20313 Filed 8–24–16; 8:45 am]             other file sharing system). For                          • Identify the rulemaking by docket
                                               BILLING CODE 6560–50–P                                  additional submission methods, the full               number and other identifying


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Document Created: 2016-08-25 00:34:44
Document Modified: 2016-08-25 00:34:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 26, 2016.
ContactMaria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation81 FR 58435 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Ozone; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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