81_FR_90107 81 FR 89868 - Determination of Attainment of the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Delaware County Nonattainment Area

81 FR 89868 - Determination of Attainment of the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Delaware County Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range89868-89870
FR Document2016-29751

The Environmental Protection Agency (EPA) is making a final determination that the Delaware County, Pennsylvania moderate nonattainment area (the Delaware County Area) has attained the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standard (NAAQS). This determination of attainment, also known as a clean data determination, is based upon quality assured, certified, and complete ambient air quality monitoring data showing that this area has monitored attainment of the 2012 annual PM<INF>2.5</INF> NAAQS based on the 2013-2015 data available in EPA's Air Quality System (AQS) database. As a result of this determination, the requirements for the Delaware County Area to submit an attainment demonstration, associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and other planning state implementation plan (SIP) revisions related to attainment of the standard shall be suspended for so long as the area continues to meet the 2012 annual PM<INF>2.5</INF> NAAQS. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89868-89870]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29751]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0455; FRL-9956-41-Region 3]


Determination of Attainment of the 2012 Annual Fine Particulate 
Matter Standard; Pennsylvania; Delaware County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is making a final 
determination that the Delaware County, Pennsylvania moderate 
nonattainment area (the Delaware County Area) has attained the 2012 
annual fine particulate matter (PM2.5) national ambient air 
quality standard (NAAQS). This determination of attainment, also known 
as a clean data determination, is based upon quality assured, 
certified, and complete ambient air quality monitoring data showing 
that this area has monitored attainment of the 2012 annual 
PM2.5 NAAQS based on the 2013-2015 data available in EPA's 
Air Quality System (AQS) database. As a result of this determination, 
the requirements for the Delaware County Area to submit an attainment 
demonstration, associated reasonably available control measures (RACM), 
a reasonable further progress (RFP) plan, contingency measures, and 
other planning state implementation plan (SIP) revisions related to 
attainment of the standard shall be suspended for so long as the area 
continues to meet the 2012 annual PM2.5 NAAQS. This action 
is being taken under the Clean Air Act (CAA).

DATES: This rule is effective on February 13, 2017 without further 
notice, unless EPA receives adverse written comment by January 12, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0455 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: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (the 2012 PM2.5 NAAQS). 78 FR 
3086 (January 15, 2013). In that action, EPA strengthened the primary 
annual PM2.5 standard, lowering the level from 15.0 
micrograms per cubic meter (mg/m\3\) to 12.0 mg/m\3\. The 2012 
PM2.5 NAAQS is attained when the 3-year average of the 
annual arithmetic means does not exceed 12.0 mg/m\3\. See 40 CFR 50.18. 
On December 18, 2014 (80 FR 2206), EPA made designation determinations, 
as required by CAA section 107(d)(1), for the 2012 PM2.5 
NAAQS. In that action, EPA designated the Delaware County Area as 
moderate nonattainment for the 2012 annual PM2.5 NAAQS. See 
40 CFR 81.339.
    Under EPA's longstanding Clean Data Policy,\1\ which was codified 
in EPA's Clean Air Fine Particulate Implementation Rule (72 FR 20586, 
April 25, 2007), EPA may issue a determination of attainment after 
notice and comment rulemaking determining that a specific area is 
attaining the relevant standard. See 40 CFR 51.1004. The effect of a 
clean data determination is to suspend the requirement for the area to 
submit an attainment demonstration, RACM, RFP plan, contingency 
measures, and any other planning SIPs related to attainment for

[[Page 89869]]

as long as the area continues to attain the standard.
---------------------------------------------------------------------------

    \1\ ``Clean Data Policy for the Fine Particle National Ambient 
Air Quality Standards,'' Memorandum from Stephen D. Page, December 
14, 2004.
---------------------------------------------------------------------------

    EPA issued the Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements on July 29, 2016 
(effective October 24, 2016). 81 FR 58010 (August 24, 2016). In that 
rule, EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015, as 
follows:

    Upon a determination by EPA that a moderate PM2.5 
nonattainment area has attained the PM2.5 NAAQS, the 
requirements for the state to submit an attainment demonstration, 
provisions demonstrating that reasonably available control measures 
(including reasonably available control technology for stationary 
sources) shall be implemented no later than 4 years following the 
date of designation of the area, reasonable further progress plan, 
quantitative milestones and quantitative milestone reports, and 
contingency measures for the area shall be suspended until such time 
as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or, (2) EPA determines that 
the area has re-violated the PM2.5 NAAQS, at which time 
the state shall submit such attainment plan elements for the 
moderate nonattainment area by a future date to be determined by EPA 
and announced through publication in the Federal Register at the 
time EPA determines the area is violating the PM2.5 
NAAQS. See 40 CFR 51.1015.

II. EPA's Evaluation

    Under EPA regulations at 40 CFR part 50, Sec.  50.18 and appendix 
N, the annual primary PM2.5 standard is met when the 3-year 
average of PM2.5 annual mean mass concentrations for each 
eligible monitoring site is less than or equal to 12 [mu]g/m\3\. Three 
years of valid annual means are required to produce a valid annual 
PM2.5 NAAQS design value. A year meets data completeness 
requirements when quarterly data capture rates for all four quarters 
are at least 75 percent from eligible monitoring sites. See 40 CFR part 
50, appendix N. There is one PM2.5 monitor in the Delaware 
County Area. Table 1 shows the Delaware County Area design value for 
the 2012 annual PM2.5 NAAQS for the years 2013-2015 at the 
Delaware County monitor.

                                        Table 1--2013-2015 Annual PM2.5 Values for Delaware County, Pennsylvania
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Weighted mean  ([mu]g/m \3\)                            Complete quarters                     Certified
                                  ------------------------------------------------------------------------------------------------------  annual design
            Monitor ID                                                                                                                     value  2013-
                                         2013             2014             2015             2013             2014             2015        2015  ([mu]g/m
                                                                                                                                               \3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
420450002........................            11.5             12.6             10.7                4                4                4             11.6
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the PM2.5 ambient air quality monitoring data 
for the monitoring period from 2013 through 2015 for the Delaware 
County Area, as recorded in the AQS database. As shown from Table 1, 
each quarter in 2013-2015 is complete with all four quarters reporting 
data capture rates of at least 75 percent from the only monitor. 
Additionally, the certified annual design value for 2013-2015 is 11.6 
[mu]g/m\3\, which is below the 2012 annual primary PM2.5 
standard of 12 [mu]g/m\3\. Therefore, the Delaware County Area has 
attained the 2012 annual PM2.5 NAAQS in accordance with the 
requirements in 40 CFR part 50, Sec.  50.18 and appendix N.

III. Final Action

    EPA is determining that the Delaware County Area has attained the 
2012 annual PM2.5 NAAQS. As provided in 40 CFR 51.1015, 
finalization of this determination, suspends the requirements for this 
area to submit an attainment demonstration, associated RACM, RFP plan, 
contingency measures, and any other planning SIP revisions related to 
the attainment of the 2012 PM2.5 NAAQS, so long as this area 
continues to meet the standard. This determination of attainment does 
not constitute a redesignation to attainment. The Delaware County Area 
will remain designated nonattainment for the 2012 annual 
PM2.5 NAAQS until such time as EPA determines that the 
Delaware County Area meets the CAA requirements for redesignation to 
attainment, including an approved maintenance plan, pursuant to 
sections 107 and 175A of the CAA.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of this Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the determination of attainment if adverse comments 
are filed. This rule will be effective on February 13, 2017 without 
further notice unless EPA receives adverse comment by January 12, 2017. 
If EPA receives adverse comment, EPA will publish a timely withdrawal 
in the Federal Register informing the public that the rule will not 
take effect. EPA will address all public comments in a subsequent final 
rule based on the proposed rule. EPA will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This rulemaking action makes a determination of attainment of the 
2012 PM2.5 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 (Public Law 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

[[Page 89870]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

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).
    In addition, this rulemaking determining that the Delaware County 
Area has attained the 2012 annual PM2.5 NAAQS does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

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 13, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This determination of attainment of the 2012 annual 
PM2.5 NAAQS for the Delaware County nonattainment area may 
not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 22, 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.  52.2059, add paragraph (u) to read as follows:


Sec.  52.2059   Control strategy: Particulate matter.

* * * * *
    (u) Determination of attainment. EPA has determined based on 2013 
to 2015 ambient air quality monitoring data, that the Delaware County, 
Pennsylvania moderate nonattainment area has attained the 2012 annual 
fine particulate matter (PM2.5) primary national ambient air 
quality standard (NAAQS). This determination, in accordance with 40 CFR 
51.1015, suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning state implementation plan revisions related to 
attainment of the standard for as long as this area continues to meet 
the 2012 annual PM2.5 NAAQS.
[FR Doc. 2016-29751 Filed 12-12-16; 8:45 am]
 BILLING CODE 6560-50-P



                                             89868            Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations

                                             PART 370—NOTICE AND                                     ENVIRONMENTAL PROTECTION                              confidential business information (CBI)
                                             RECORDKEEPING REQUIREMENTS                              AGENCY                                                or other information whose disclosure is
                                             FOR STATUTORY LICENSES                                                                                        restricted by statute. Multimedia
                                                                                                     40 CFR Part 52                                        submissions (audio, video, etc.) must be
                                             ■ 1. The authority citation for part 370                [EPA–R03–OAR–2016–0455; FRL–9956–41–                  accompanied by a written comment.
                                             continues to read as follows:                           Region 3]                                             The written comment is considered the
                                                                                                                                                           official comment and should include
                                                 Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A).                                                             discussion of all points you wish to
                                                                                                     Determination of Attainment of the
                                             ■ 2. Amend § 370.4 in paragraph (b) by                  2012 Annual Fine Particulate Matter                   make. EPA will generally not consider
                                             revising the definition of ‘‘Eligible                   Standard; Pennsylvania; Delaware                      comments or comment contents located
                                             Minimum Fee Webcaster’’ to read as                      County Nonattainment Area                             outside of the primary submission (i.e.
                                             follows:                                                                                                      on the web, cloud, or other file sharing
                                                                                                     AGENCY: Environmental Protection                      system). For additional submission
                                             § 370.4 Reports of use of sound
                                                                                                     Agency (EPA).                                         methods, please contact the person
                                             recordings under statutory license for                  ACTION: Direct final rule.                            identified in the ‘‘For Further
                                             nonsubscription transmission services,                                                                        Information Contact’’ section. For the
                                             preexisting satellite digital audio radio               SUMMARY:    The Environmental Protection
                                                                                                     Agency (EPA) is making a final                        full EPA public comment policy,
                                             services, new subscription services and                                                                       information about CBI or multimedia
                                             business establishment services.                        determination that the Delaware
                                                                                                     County, Pennsylvania moderate                         submissions, and general guidance on
                                             *       *      *    *     *                                                                                   making effective comments, please visit
                                                                                                     nonattainment area (the Delaware
                                                (b) * * *                                            County Area) has attained the 2012                    http://www2.epa.gov/dockets/
                                                Eligible Minimum Fee Webcaster                       annual fine particulate matter (PM2.5)                commenting-epa-dockets.
                                             means a nonsubscription transmission                    national ambient air quality standard                 FOR FURTHER INFORMATION CONTACT:
                                             service whose payments for eligible                     (NAAQS). This determination of                        Gavin Huang, (215) 814–2042, or by
                                             transmissions do not exceed the annual                  attainment, also known as a clean data                email at huang.gavin@epa.gov.
                                             minimum fee established for licensees                   determination, is based upon quality                  SUPPLEMENTARY INFORMATION:
                                             relying upon the statutory licenses set                 assured, certified, and complete ambient              I. Background
                                             forth in 17 U.S.C. 112(e) and 114; and:                 air quality monitoring data showing that
                                                                                                     this area has monitored attainment of                    On December 14, 2012, EPA
                                                (i) Is a licensee that owns and                                                                            promulgated a revised primary annual
                                                                                                     the 2012 annual PM2.5 NAAQS based on
                                             operates a terrestrial AM or FM radio                                                                         PM2.5 NAAQS to provide increased
                                                                                                     the 2013–2015 data available in EPA’s
                                             station that is licensed by the Federal                                                                       protection of public health from fine
                                                                                                     Air Quality System (AQS) database. As
                                             Communications Commission; or                                                                                 particle pollution (the 2012 PM2.5
                                                                                                     a result of this determination, the
                                                (ii) Is directly operated by, or                     requirements for the Delaware County                  NAAQS). 78 FR 3086 (January 15, 2013).
                                             affiliated with and officially sanctioned               Area to submit an attainment                          In that action, EPA strengthened the
                                             by, a domestically accredited primary or                demonstration, associated reasonably                  primary annual PM2.5 standard,
                                             secondary school, college, university, or               available control measures (RACM), a                  lowering the level from 15.0 micrograms
                                             other post-secondary degree-granting                    reasonable further progress (RFP) plan,               per cubic meter (mg/m3) to 12.0 mg/m3.
                                             institution; and                                        contingency measures, and other                       The 2012 PM2.5 NAAQS is attained
                                                (A) The digital audio transmission                   planning state implementation plan                    when the 3-year average of the annual
                                             operations of which are, during the                     (SIP) revisions related to attainment of              arithmetic means does not exceed 12.0
                                             course of the year, staffed substantially               the standard shall be suspended for so                mg/m3. See 40 CFR 50.18. On December
                                             by students enrolled in such institution;               long as the area continues to meet the                18, 2014 (80 FR 2206), EPA made
                                                                                                     2012 annual PM2.5 NAAQS. This action                  designation determinations, as required
                                                (B) Is exempt from taxation under                                                                          by CAA section 107(d)(1), for the 2012
                                                                                                     is being taken under the Clean Air Act
                                             section 501 of the Internal Revenue                                                                           PM2.5 NAAQS. In that action, EPA
                                                                                                     (CAA).
                                             Code, has applied for such exemption,                                                                         designated the Delaware County Area as
                                                                                                     DATES: This rule is effective on February
                                             or is operated by a State or possession                                                                       moderate nonattainment for the 2012
                                             or any governmental entity or                           13, 2017 without further notice, unless
                                                                                                     EPA receives adverse written comment                  annual PM2.5 NAAQS. See 40 CFR
                                             subordinate thereof, or by the United                                                                         81.339.
                                             States or District of Columbia, for                     by January 12, 2017. If EPA receives
                                                                                                     such comments, it will publish a timely                  Under EPA’s longstanding Clean Data
                                             exclusively public purposes; and                                                                              Policy,1 which was codified in EPA’s
                                                                                                     withdrawal of the direct final rule in the
                                                (C) Is not a ‘‘public broadcasting                   Federal Register and inform the public                Clean Air Fine Particulate
                                             entity’’ (as defined in 17 U.S.C. 118(f))               that the rule will not take effect.                   Implementation Rule (72 FR 20586,
                                             qualified to receive funding from the                                                                         April 25, 2007), EPA may issue a
                                                                                                     ADDRESSES: Submit your comments,
                                             Corporation for Public Broadcasting                                                                           determination of attainment after notice
                                                                                                     identified by Docket ID No. EPA–R03–                  and comment rulemaking determining
                                             pursuant to the criteria set forth in 47                OAR–2016–0455 at http://
                                             U.S.C. 396.                                                                                                   that a specific area is attaining the
                                                                                                     www.regulations.gov, or via email to                  relevant standard. See 40 CFR 51.1004.
                                             *       *      *    *     *                             pino.maria@epa.gov. For comments                      The effect of a clean data determination
                                               Dated: November 15, 2016.                             submitted at Regulations.gov, follow the              is to suspend the requirement for the
                                             Suzanne M. Barnett,                                     online instructions for submitting
pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                           area to submit an attainment
                                             Chief Copyright Royalty Judge.                          comments. Once submitted, comments                    demonstration, RACM, RFP plan,
                                                                                                     cannot be edited or removed from                      contingency measures, and any other
                                               Approved:                                             Regulations.gov. For either manner of
                                             Carla D. Hayden,                                                                                              planning SIPs related to attainment for
                                                                                                     submission, EPA may publish any
                                             Librarian of Congress.                                  comment received to its public docket.                  1 ‘‘Clean Data Policy for the Fine Particle National
                                             [FR Doc. 2016–29761 Filed 12–12–16; 8:45 am]            Do not submit electronically any                      Ambient Air Quality Standards,’’ Memorandum
                                             BILLING CODE 1410–72–P                                  information you consider to be                        from Stephen D. Page, December 14, 2004.



                                        VerDate Sep<11>2014   15:03 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\13DER1.SGM   13DER1


                                                              Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations                                           89869

                                             as long as the area continues to attain                   the date of designation of the area, reasonable        primary PM2.5 standard is met when the
                                             the standard.                                             further progress plan, quantitative milestones         3-year average of PM2.5 annual mean
                                               EPA issued the Fine Particulate                         and quantitative milestone reports, and                mass concentrations for each eligible
                                             Matter National Ambient Air Quality                       contingency measures for the area shall be
                                                                                                       suspended until such time as: (1) The area is
                                                                                                                                                              monitoring site is less than or equal to
                                             Standards: State Implementation Plan                                                                             12 mg/m3. Three years of valid annual
                                                                                                       redesignated to attainment, after which such
                                             Requirements on July 29, 2016 (effective                  requirements are permanently discharged; or,           means are required to produce a valid
                                             October 24, 2016). 81 FR 58010 (August                    (2) EPA determines that the area has re-               annual PM2.5 NAAQS design value. A
                                             24, 2016). In that rule, EPA reaffirmed                   violated the PM2.5 NAAQS, at which time the            year meets data completeness
                                             the Clean Data Policy at 40 CFR                           state shall submit such attainment plan                requirements when quarterly data
                                             51.1015, as follows:                                      elements for the moderate nonattainment                capture rates for all four quarters are at
                                                                                                       area by a future date to be determined by              least 75 percent from eligible
                                                Upon a determination by EPA that a
                                             moderate PM2.5 nonattainment area has                     EPA and announced through publication in
                                                                                                       the Federal Register at the time EPA                   monitoring sites. See 40 CFR part 50,
                                             attained the PM2.5 NAAQS, the requirements                                                                       appendix N. There is one PM2.5 monitor
                                             for the state to submit an attainment                     determines the area is violating the PM2.5
                                                                                                       NAAQS. See 40 CFR 51.1015.                             in the Delaware County Area. Table 1
                                             demonstration, provisions demonstrating that
                                             reasonably available control measures                                                                            shows the Delaware County Area design
                                                                                                       II. EPA’s Evaluation                                   value for the 2012 annual PM2.5 NAAQS
                                             (including reasonably available control
                                             technology for stationary sources) shall be                 Under EPA regulations at 40 CFR part                 for the years 2013–2015 at the Delaware
                                             implemented no later than 4 years following               50, § 50.18 and appendix N, the annual                 County monitor.

                                                                     TABLE 1—2013–2015 ANNUAL PM2.5 VALUES FOR DELAWARE COUNTY, PENNSYLVANIA
                                                                                                  Weighted mean                                           Complete quarters                  Certified
                                                                                                     (μg/m 3)                                                                              annual design
                                                     Monitor ID                                                                                                                               value
                                                                                                                                                 2013           2014            2015        2013–2015
                                                                                    2013              2014                 2015
                                                                                                                                                                                             (μg/m 3)

                                             420450002 ...................          11.5               12.6                10.7                   4               4              4              11.6



                                                Consistent with the requirements                       EPA determines that the Delaware                          • Is not a ‘‘significant regulatory
                                             contained in 40 CFR part 50, EPA has                      County Area meets the CAA                              action’’ subject to review by the Office
                                             reviewed the PM2.5 ambient air quality                    requirements for redesignation to                      of Management and Budget under
                                             monitoring data for the monitoring                        attainment, including an approved                      Executive Orders 12866 (58 FR 51735,
                                             period from 2013 through 2015 for the                     maintenance plan, pursuant to sections                 October 4, 1993) and 13563 (76 FR 3821,
                                             Delaware County Area, as recorded in                      107 and 175A of the CAA.                               January 21, 2011);
                                             the AQS database. As shown from Table                        EPA is publishing this rule without                    • Does not impose an information
                                             1, each quarter in 2013–2015 is                           prior proposal because EPA views this                  collection burden under the provisions
                                             complete with all four quarters                           as a noncontroversial amendment and                    of the Paperwork Reduction Act (44
                                             reporting data capture rates of at least 75               anticipates no adverse comment.                        U.S.C. 3501 et seq.);
                                             percent from the only monitor.                            However, in the ‘‘Proposed Rules’’                        • Is certified as not having a
                                             Additionally, the certified annual                        section of this Federal Register, EPA is               significant economic impact on a
                                             design value for 2013–2015 is 11.6 mg/                    publishing a separate document that                    substantial number of small entities
                                             m3, which is below the 2012 annual                        will serve as the proposal to approve the              under the Regulatory Flexibility Act (5
                                             primary PM2.5 standard of 12 mg/m3.                       determination of attainment if adverse                 U.S.C. 601 et seq.);
                                             Therefore, the Delaware County Area                       comments are filed. This rule will be                     • Does not contain any unfunded
                                             has attained the 2012 annual PM2.5                        effective on February 13, 2017 without                 mandate or significantly or uniquely
                                             NAAQS in accordance with the                              further notice unless EPA receives                     affect small governments, as described
                                             requirements in 40 CFR part 50, § 50.18                   adverse comment by January 12, 2017.                   in the Unfunded Mandates Reform Act
                                             and appendix N.                                           If EPA receives adverse comment, EPA                   of 1995 (Public Law 104–4);
                                                                                                       will publish a timely withdrawal in the                   • Does not have federalism
                                             III. Final Action                                         Federal Register informing the public                  implications as specified in Executive
                                                EPA is determining that the Delaware                   that the rule will not take effect. EPA                Order 13132 (64 FR 43255, August 10,
                                             County Area has attained the 2012                         will address all public comments in a                  1999);
                                             annual PM2.5 NAAQS. As provided in                        subsequent final rule based on the                        • Is not an economically significant
                                             40 CFR 51.1015, finalization of this                      proposed rule. EPA will not institute a                regulatory action based on health or
                                             determination, suspends the                               second comment period on this action.                  safety risks subject to Executive Order
                                             requirements for this area to submit an                   Any parties interested in commenting                   13045 (62 FR 19885, April 23, 1997);
                                             attainment demonstration, associated                      must do so at this time.                                  • Is not a significant regulatory action
                                             RACM, RFP plan, contingency                               IV. Statutory and Executive Order                      subject to Executive Order 13211 (66 FR
                                             measures, and any other planning SIP                      Reviews                                                28355, May 22, 2001);
                                             revisions related to the attainment of the                                                                          • Is not subject to requirements of
pmangrum on DSK3GDR082PROD with RULES




                                             2012 PM2.5 NAAQS, so long as this area                    A. General Requirements                                section 12(d) of the National
                                             continues to meet the standard. This                        This rulemaking action makes a                       Technology Transfer and Advancement
                                             determination of attainment does not                      determination of attainment of the 2012                Act of 1995 (15 U.S.C. 272 note) because
                                             constitute a redesignation to attainment.                 PM2.5 NAAQS based on air quality and                   application of those requirements would
                                             The Delaware County Area will remain                      does not impose additional                             be inconsistent with the CAA; and
                                             designated nonattainment for the 2012                     requirements. For that reason, this                       • Does not provide EPA with the
                                             annual PM2.5 NAAQS until such time as                     determination of attainment:                           discretionary authority to address, as


                                        VerDate Sep<11>2014    15:03 Dec 12, 2016    Jkt 241001   PO 00000    Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\13DER1.SGM   13DER1


                                             89870            Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations

                                             appropriate, disproportionate human                     proceedings to enforce its requirements.              ENVIRONMENTAL PROTECTION
                                             health or environmental effects, using                  (See section 307(b)(2)).                              AGENCY
                                             practicable and legally permissible
                                             methods, under Executive Order 12898                    List of Subjects in 40 CFR Part 52                    40 CFR Part 81
                                             (59 FR 7629, February 16, 1994).                          Environmental protection, Air                       [EPA–HQ–OAR–2014–0464; FRL–9956–10–
                                             B. Submission to Congress and the                       pollution control, Incorporation by                   OAR]
                                             Comptroller General                                     reference, Intergovernmental relations,
                                                                                                                                                           Air Quality Designations for the 2010
                                                The Congressional Review Act, 5                      Particulate matter, Reporting and
                                                                                                                                                           Sulfur Dioxide (SO2) Primary National
                                             U.S.C. 801 et seq., as added by the Small               recordkeeping requirements.                           Ambient Air Quality Standard—
                                             Business Regulatory Enforcement                           Dated: November 22, 2016.                           Supplement to Round 2 for Four Areas
                                             Fairness Act of 1996, generally provides                Shawn M. Garvin,                                      in Texas: Freestone and Anderson
                                             that before a rule may take effect, the                                                                       Counties, Milam County, Rusk and
                                                                                                     Regional Administrator, Region III.
                                             agency promulgating the rule must                                                                             Panola Counties, and Titus County
                                             submit a rule report, which includes a                      40 CFR part 52 is amended as follows:
                                             copy of the rule, to each House of the                                                                        AGENCY:  Environmental Protection
                                             Congress and to the Comptroller General                                                                       Agency (EPA).
                                                                                                     PART 52—APPROVAL AND
                                             of the United States. EPA will submit a                                                                       ACTION: Final rule.
                                                                                                     PROMULGATION OF
                                             report containing this action and other                 IMPLEMENTATION PLANS                                  SUMMARY:    This rule establishes the
                                             required information to the U.S. Senate,
                                                                                                                                                           initial air quality designations for four
                                             the U.S. House of Representatives, and
                                                                                                     ■ 1. The authority citation for part 52               areas in Texas for the 2010 primary
                                             the Comptroller General of the United
                                                                                                     continues to read as follows:                         sulfur dioxide (SO2) National Ambient
                                             States prior to publication of the rule in
                                                                                                                                                           Air Quality Standard (NAAQS). The
                                             the Federal Register. A major rule                          Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                           Environmental Protection Agency (EPA)
                                             cannot take effect until 60 days after it
                                                                                                     Subpart NN—Pennsylvania                               is designating three of the areas as
                                             is published in the Federal Register.
                                                                                                                                                           nonattainment because they do not meet
                                             This action is not a ‘‘major rule’’ as
                                                                                                                                                           the NAAQS. One area is being
                                             defined by 5 U.S.C. 804(2).                             ■ 2. In § 52.2059, add paragraph (u) to
                                                In addition, this rulemaking                                                                               designated unclassifiable because it
                                                                                                     read as follows:
                                             determining that the Delaware County                                                                          cannot be classified on the basis of
                                             Area has attained the 2012 annual PM2.5                 § 52.2059    Control strategy: Particulate            available information as meeting or not
                                             NAAQS does not have tribal                              matter.                                               meeting the NAAQS. The designations
                                             implications as specified by Executive                                                                        are based on the weight of evidence for
                                                                                                     *      *    *    *      *
                                             Order 13175 (65 FR 67249, November 9,                                                                         each area, including available air quality
                                                                                                        (u) Determination of attainment. EPA               monitoring data and air quality
                                             2000), because the SIP is not approved                  has determined based on 2013 to 2015
                                             to apply in Indian country located in the                                                                     modeling. For the areas designated
                                                                                                     ambient air quality monitoring data, that             nonattainment by this rule, the Clean
                                             state, and EPA notes that it will not
                                                                                                     the Delaware County, Pennsylvania                     Air Act (CAA) directs the state of Texas
                                             impose substantial direct costs on tribal
                                                                                                     moderate nonattainment area has                       to undertake certain planning and
                                             governments or preempt tribal law.
                                                                                                     attained the 2012 annual fine particulate             pollution control activities to attain the
                                             C. Petitions for Judicial Review                        matter (PM2.5) primary national ambient               SO2 NAAQS as expeditiously as
                                                Under section 307(b)(1) of the CAA,                  air quality standard (NAAQS). This                    practicable. This action is a supplement
                                             petitions for judicial review of this                   determination, in accordance with 40                  to the final rule addressing the second
                                             action must be filed in the United States               CFR 51.1015, suspends the                             round of area designations for the 2010
                                             Court of Appeals for the appropriate                    requirements for this area to submit an               SO2 NAAQS, which the EPA
                                             circuit by February 13, 2017. Filing a                  attainment demonstration, associated                  Administrator signed on June 30, 2016.
                                             petition for reconsideration by the                     reasonably available control measures, a              DATES: The effective date of this rule is
                                             Administrator of this final rule does not               reasonable further progress plan,                     January 12, 2017.
                                             affect the finality of this action for the              contingency measures, and other                       ADDRESSES: The EPA has established a
                                             purposes of judicial review nor does it                 planning state implementation plan                    docket for the second round of
                                             extend the time within which a petition                 revisions related to attainment of the                designations, including this
                                             for judicial review may be filed, and                   standard for as long as this area                     supplemental action, under Docket ID
                                             shall not postpone the effectiveness of                 continues to meet the 2012 annual PM2.5               No. EPA–HQ–OAR–2014–0464. All
                                             such rule or action. Parties with                       NAAQS.                                                documents in the docket are listed in
                                             objections to this direct final rule are                [FR Doc. 2016–29751 Filed 12–12–16; 8:45 am]          the http://www.regulations.gov Web
                                             encouraged to file a comment in                         BILLING CODE 6560–50–P
                                                                                                                                                           site. Although listed in the index, some
                                             response to the parallel notice of                                                                            information is not publicly available,
                                             proposed rulemaking for this action                                                                           e.g., Confidential Business Information
                                             published in the proposed rules section                                                                       or other information whose disclosure is
                                             of this Federal Register, rather than file                                                                    restricted by statute. Certain other
                                             an immediate petition for judicial                                                                            material, such as copyrighted material,
                                             review of this direct final rule, so that                                                                     is not placed on the Internet and will be
pmangrum on DSK3GDR082PROD with RULES




                                             EPA can withdraw this direct final rule                                                                       publicly available only in hard copy
                                             and address the comment in the                                                                                form. Publicly available docket
                                             proposed rulemaking action.                                                                                   materials are available electronically in
                                                This determination of attainment of                                                                        http://www.regulations.gov.
                                             the 2012 annual PM2.5 NAAQS for the                                                                              In addition, the EPA has established
                                             Delaware County nonattainment area                                                                            a Web site for the 2010 SO2 NAAQS
                                             may not be challenged later in                                                                                designations rulemakings at: https://


                                        VerDate Sep<11>2014   15:03 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\13DER1.SGM   13DER1



Document Created: 2016-12-13 02:44:35
Document Modified: 2016-12-13 02:44:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on February 13, 2017 without further notice, unless EPA receives adverse written comment by January 12, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactGavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation81 FR 89868 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR