81 FR 87819 - 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 234 (December 6, 2016)

Page Range		87819-87820
FR Document		2016-29118

The Environmental Protection Agency (EPA) is making a final determination that the Pittsburgh-Beaver Valley, Pennsylvania marginal ozone nonattainment area (the Pittsburgh Area) has attained the 2008 8- hour ozone national ambient air quality standards (the 2008 ozone NAAQS) by the July 20, 2016 attainment date. This 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 determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87819-87820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29118]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0368; FRL-9955-91-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is making a final 
determination that the Pittsburgh-Beaver Valley, Pennsylvania marginal 
ozone nonattainment area (the Pittsburgh Area) has attained the 2008 8-
hour ozone national ambient air quality standards (the 2008 ozone 
NAAQS) by the July 20, 2016 attainment date. This 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 determination does not constitute a redesignation to 
attainment. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 5, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0368. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 25, 2016 (81 FR 58435), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. In the 
NPR, EPA proposed 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.

II. EPA's Evaluation

    Consistent with the requirements contained in 40 CFR part 50, EPA 
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. State and local agencies responsible for 
ozone air monitoring networks supplied and quality assured the data. 
EPA determined that the monitoring sites with valid data had design 
values equal to or less than 0.075 ppm based on the 2013-2015 
monitoring period. Therefore, the Pittsburgh Area attained the 2008 
ozone NAAQS.
    Other specific requirements of this determination of attainment by 
the attainment date and the rationale for EPA's action are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is making a final determination, in accordance with its 
statutory

[[Page 87820]]

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 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.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This rulemaking action finalizes a determination of attainment on 
the 2008 ozone NAAQS based on air quality and does not impose 
additional requirements. For that reason, this determination of 
attainment:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 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 February 6, 2017. 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 Pittsburgh Area attained the 2008 
ozone NAAQS by its July 20, 2016 attainment date 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, Ozone, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: November 4, 2016.
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. In Sec.  52.2056, paragraph (n) is added to read as follows:


Sec.  52.2056   Determinations of attainment.

* * * * *
    (n) EPA has determined based on 2013 to 2015 ambient air quality 
monitoring data, that the Pittsburgh-Beaver Valley, Pennsylvania 
marginal ozone nonattainment area has attained the 2008 8-hour ozone 
national ambient air quality standard (NAAQS) by the applicable 
attainment date of July 20, 2016. Therefore, EPA has met the 
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on 
the area's air quality as of the attainment date, whether the area 
attained the 2008 8-hour ozone NAAQS. EPA also determined that the 
Pittsburgh-Beaver Valley, Pennsylvania marginal nonattainment area will 
not be reclassified for failure to attain by its applicable attainment 
date pursuant to section 181(b)(2)(A).

[FR Doc. 2016-29118 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations 87819

Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
petitions for judicial review of this Environmental protection, Air
action must be filed in the United States Subpart S—Kentucky
pollution control, Incorporation by
Court of Appeals for the appropriate reference, Intergovernmental relations,
circuit by February 6, 2017. Filing a Nitrogen dioxide, Reporting and ■ 2. Section 52.920(e) is amended by
petition for reconsideration by the recordkeeping requirements and Sulfur adding a new entry ‘‘110(a)(1) and (2)
Administrator of this final rule does not oxides. Infrastructure Requirements for the 2010
affect the finality of this action for the 1-hour SO2 National Ambient Air
Dated: November 21, 2016.
purposes of judicial review nor does it Quality Standard’’ at the end of the table
Heather McTeer Toney,
extend the time within which a petition to read as follows:
Regional Administrator, Region 4.
for judicial review may be filed, and § 52.920 Identification of plan.
40 CFR part 52 is amended as follows:
shall not postpone the effectiveness of
such rule or action. This action may not * * * * *
PART 52—APPROVAL AND
be challenged later in proceedings to PROMULGATION OF (e) * * *
enforce its requirements. See section IMPLEMENTATION PLANS
307(b)(2).
■ 1. The authority citation for part 52
continues to read as follows:

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Applicable
State submittal
Name of non-regulatory SIP geographic or EPA approval
date/effective Explanations
provision nonattainment date
date
area

* * * * * * *
110(a)(1) and (2) Infrastruc- Kentucky ........... 04/26/2013 12/6/2016 With the exception of the minor source program require-
ture Requirements for the ments of section 110(a)(2)(C) and the interstate trans-
2010 1-hour SO2 NAAQS. port requirements of section 110(a)(2)(D)(i)(I) and (II)
(prongs 1, 2, and 4).

[FR Doc. 2016–29115 Filed 12–5–16; 8:45 am] attainment. This action is being taken accordance with its statutory obligations
BILLING CODE 6560–50–P under the Clean Air Act (CAA). under section 181(b)(2)(A) of the CAA
DATES: This final rule is effective on and the provisions of the SIP
January 5, 2017. Requirements Rule (40 CFR 51.1103),
ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a that the Pittsburgh Area attained the
AGENCY docket for this action under Docket ID 2008 ozone NAAQS by the applicable
Number EPA–R03–OAR–2016–0368. All attainment date of July 20, 2016.
40 CFR Part 52
documents in the docket are listed on II. EPA’s Evaluation
[EPA–R03–OAR–2016–0368; FRL–9955–91– the http://www.regulations.gov Web
Region 3] site. Although listed in the index, some Consistent with the requirements
information is not publicly available, contained in 40 CFR part 50, EPA
Determination of Attainment by the e.g., confidential business information reviewed the ozone ambient air quality
Attainment Date for the 2008 Ozone (CBI) or other information whose monitoring data for the monitoring
National Ambient Air Quality disclosure is restricted by statute. period from 2013 through 2015 for the
Standards; Pennsylvania; Pittsburgh- Certain other material, such as Pittsburgh Area, as recorded in the AQS
Beaver Valley copyrighted material, is not placed on database. State and local agencies
AGENCY: Environmental Protection the Internet and will be publicly responsible for ozone air monitoring
Agency (EPA). available only in hard copy form. networks supplied and quality assured
Publicly available docket materials are the data. EPA determined that the
ACTION: Final rule.
available through http:// monitoring sites with valid data had
SUMMARY: The Environmental Protection www.regulations.gov, or please contact design values equal to or less than 0.075
Agency (EPA) is making a final the person identified in the FOR FURTHER ppm based on the 2013–2015
determination that the Pittsburgh- INFORMATION CONTACT section for monitoring period. Therefore, the
Beaver Valley, Pennsylvania marginal additional availability information. Pittsburgh Area attained the 2008 ozone
ozone nonattainment area (the FOR FURTHER INFORMATION CONTACT: NAAQS.
Pittsburgh Area) has attained the 2008 Gavin Huang, (215) 814–2042, or by Other specific requirements of this
8-hour ozone national ambient air email at huang.gavin@epa.gov. determination of attainment by the
quality standards (the 2008 ozone SUPPLEMENTARY INFORMATION: attainment date and the rationale for
mstockstill on DSK3G9T082PROD with RULES

NAAQS) by the July 20, 2016 attainment EPA’s action are explained in the NPR
date. This determination is based on I. Background and will not be restated here. No public
complete, certified, and quality assured On August 25, 2016 (81 FR 58435), comments were received on the NPR.
ambient air quality monitoring data for EPA published a notice of proposed
III. Final Action
the Pittsburgh Area for the 2013–2015 rulemaking (NPR) for the
monitoring period. This determination Commonwealth of Pennsylvania. In the EPA is making a final determination,
does not constitute a redesignation to NPR, EPA proposed to determine, in in accordance with its statutory

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87820 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations

obligations under section 181(b)(2)(A) of Executive Order 13175 (65 FR 67249, Authority: 42 U.S.C. 7401 et seq.
the CAA and the provisions of the SIP November 9, 2000), because the SIP is
Requirements Rule (40 CFR 51.1103), not approved to apply in Indian country Subpart NN—Pennsylvania
that the Pittsburgh Area attained the located in the state, and EPA notes that ■ 2. In § 52.2056, paragraph (n) is added
2008 ozone NAAQS by the applicable it will not impose substantial direct to read as follows:
attainment date of July 20, 2016. This costs on tribal governments or preempt
determination of attainment does not tribal law. § 52.2056 Determinations of attainment.
constitute a redesignation to attainment. * * * * *
B. Submission to Congress and the
Redesignations require states to meet a (n) EPA has determined based on
Comptroller General
number of additional criteria, including 2013 to 2015 ambient air quality
EPA approval of a state plan to maintain The Congressional Review Act, 5 monitoring data, that the Pittsburgh-
the air quality standard for 10 years after U.S.C. 801 et seq., as added by the Small Beaver Valley, Pennsylvania marginal
redesignation. Business Regulatory Enforcement ozone nonattainment area has attained
Fairness Act of 1996, generally provides the 2008 8-hour ozone national ambient
IV. Statutory and Executive Order that before a rule may take effect, the
Reviews air quality standard (NAAQS) by the
agency promulgating the rule must applicable attainment date of July 20,
A. General Requirements submit a rule report, which includes a 2016. Therefore, EPA has met the
copy of the rule, to each House of the requirement pursuant to CAA section
This rulemaking action finalizes a
Congress and to the Comptroller General 181(b)(2)(A) to determine, based on the
determination of attainment on the 2008
of the United States. EPA will submit a area’s air quality as of the attainment
ozone NAAQS based on air quality and
report containing this action and other date, whether the area attained the 2008
does not impose additional
required information to the U.S. Senate, 8-hour ozone NAAQS. EPA also
requirements. For that reason, this
the U.S. House of Representatives, and determined that the Pittsburgh-Beaver
determination of attainment:
• Is not a ‘‘significant regulatory the Comptroller General of the United Valley, Pennsylvania marginal
action’’ subject to review by the Office States prior to publication of the rule in nonattainment area will not be
of Management and Budget under the Federal Register. A major rule reclassified for failure to attain by its
Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it applicable attainment date pursuant to
October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. section 181(b)(2)(A).
January 21, 2011); This action is not a ‘‘major rule’’ as
[FR Doc. 2016–29118 Filed 12–5–16; 8:45 am]
• does not impose an information defined by 5 U.S.C. 804(2).
BILLING CODE 6560–50–P
collection burden under the provisions C. Petitions for Judicial Review
of the Paperwork Reduction Act (44
Under section 307(b)(1) of the CAA,
U.S.C. 3501 et seq.); ENVIRONMENTAL PROTECTION
petitions for judicial review of this
• is certified as not having a AGENCY
action must be filed in the United States
significant economic impact on a
substantial number of small entities Court of Appeals for the appropriate
40 CFR Part 228
under the Regulatory Flexibility Act (5 circuit by February 6, 2017. Filing a
U.S.C. 601 et seq.); petition for reconsideration by the [FRL–9955–13–Region 1]
• does not contain any unfunded Administrator of this final rule does not
affect the finality of this action for the Ocean Disposal; Designation of a
mandate or significantly or uniquely Dredged Material Disposal Site in
affect small governments, as described purposes of judicial review nor does it
extend the time within which a petition Eastern Region of Long Island Sound;
in the Unfunded Mandates Reform Act Connecticut
of 1995 (Pub. L. 104–4); for judicial review may be filed, and
• does not have federalism shall not postpone the effectiveness of AGENCY: Environmental Protection
implications as specified in Executive such rule or action. Agency (EPA).
Order 13132 (64 FR 43255, August 10, This action determining that the ACTION: Final rule.
1999); Pittsburgh Area attained the 2008 ozone
• is not an economically significant NAAQS by its July 20, 2016 attainment SUMMARY: With the publication of this
regulatory action based on health or date may not be challenged later in Final Rule, the Environmental
safety risks subject to Executive Order proceedings to enforce its requirements. Protection Agency (EPA) is designating
13045 (62 FR 19885, April 23, 1997); (See section 307(b)(2).) the Eastern Long Island Sound Disposal
• is not a significant regulatory action List of Subjects in 40 CFR Part 52 Site (ELDS), located offshore from New
subject to Executive Order 13211 (66 FR London, Connecticut, for the disposal of
28355, May 22, 2001); Environmental protection, Air dredged material from harbors and
• is not subject to requirements of pollution control, Ozone, Incorporation navigation channels in eastern Long
Section 12(d) of the National by reference, Intergovernmental Island Sound and Little Narragansett
Technology Transfer and Advancement relations, Reporting and recordkeeping Bay in the states of Connecticut, New
Act of 1995 (15 U.S.C. 272 note) because requirements. York, and Rhode Island. This action is
application of those requirements would Dated: November 4, 2016. necessary to provide a long-term, open-
be inconsistent with the CAA; and Shawn M. Garvin, water dredged material disposal site as
• does not provide EPA with the Regional Administrator, Region III. an alternative for the possible future
discretionary authority to address, as 40 CFR part 52 is amended as follows: disposal of such material. This disposal
mstockstill on DSK3G9T082PROD with RULES

appropriate, disproportionate human site designation is subject to restrictions
health or environmental effects, using PART 52—APPROVAL AND designed to support the goal of reducing
practicable and legally permissible PROMULGATION OF or eliminating the disposal of dredged
methods, under Executive Order 12898 IMPLEMENTATION PLANS material in Long Island Sound.
(59 FR 7629, February 16, 1994). The basis for this action is described
In addition, this rule does not have ■ 1. The authority citation for part 52 herein and in the Final Supplemental
tribal implications as specified by continues to read as follows: Environmental Impact Statement

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Document Created: 2016-12-06 02:19:01
Document Modified: 2016-12-06 02:19:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on January 5, 2017.
Contact		Gavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation		81 FR 87819
CFR Associated		Environmental Protection; Air Pollution Control; Ozone; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements