82_FR_51062 82 FR 50851 - Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment

82 FR 50851 - Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 211 (November 2, 2017)

Page Range50851-50853
FR Document2017-23568

The Environmental Protection Agency (EPA) is proposing to determine that the Lebanon County, Pennsylvania nonattainment area (the Lebanon County Area) has attained the 2012 annual fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). This proposed determination of attainment, also known as a clean data determination, is based on quality assured and certified ambient air quality data for the 2014-2016 monitoring period. If finalized, the effect of this determination of attainment would be to suspend certain planning requirements for the area, including the requirement to submit an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures. These requirements would be suspended for as long as the area continues to meet the 2012 annual PM<INF>2.5</INF> NAAQS. However, this proposed action is not a redesignation to attainment for the area. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Proposed Rules]
[Pages 50851-50853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23568]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0479; FRL-9968-42-Region 3]


Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine 
Particulate Matter Standard Determination of Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Lebanon County, Pennsylvania nonattainment area (the 
Lebanon County Area) has attained the 2012 annual fine particulate 
matter (PM2.5) national ambient air quality standards 
(NAAQS). This proposed determination of attainment, also known as a 
clean data determination, is based on quality assured and certified 
ambient air quality data for the 2014-2016 monitoring period. If 
finalized, the effect of this determination of attainment would be to 
suspend certain planning requirements for the area, including the 
requirement to submit an attainment demonstration and associated 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, and contingency measures. These requirements would 
be suspended for as long as the area continues to meet the 2012 annual 
PM2.5 NAAQS. However, this proposed action is not a 
redesignation to attainment for the area. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 4, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0479 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:

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). See 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 ([mu]g/m\3\) to 12.0 [mu]g/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 Lebanon 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 State Implementation Plans (SIPs) 
related to attainment for 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.
---------------------------------------------------------------------------

    In EPA's Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements (81 FR 58010, August 
24, 2016), EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015. The 
rule states that, 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, RACM (including reasonably available control technology 
(RACT) for stationary sources), RFP, 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.  [thinsp]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.
    By letter dated May 17, 2017, Pennsylvania certified its 2016 
ambient air quality monitoring data. EPA issued final 2014-2016 design 
values on July 27, 2017. There is one PM2.5 monitor in the 
Lebanon County Area. Table 1 shows the Lebanon County Area design value 
for the 2012 annual PM2.5 NAAQS for the years 2014-2016 at 
the Lebanon County monitor.
    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the PM2.5 ambient air quality monitoring data 
for the 2014-2016

[[Page 50852]]

monitoring period for the Lebanon County Area, as recorded in EPA's Air 
Quality System (AQS) database. This data can be found at http://www.regulations.gov in the docket for this action, Docket ID No. EPA-
R03-OAR-2017-0479. As shown in Table 1, the data indicate a declining 
trend in PM2.5 levels, with annual means decreasing steadily 
from 2014 to 2016.
    As shown in Table 2, all but one quarter in 2014-2016 is complete, 
reporting data capture rates of at least 75%. The second quarter in 
2015 had a data capture rate of 70%. However, EPA can calculate a valid 
design value for a monitor that doesn't meet the 75% capture rate each 
quarter, as long as there is at least 50% data capture in each quarter. 
In that case, EPA can perform a data substitution test, known as the 
maximum quarter test, pursuant to 40 CFR part 50, appendix N, section 
4.1(c)(ii). EPA routinely performs this test for monitors with 
deficient quarters (i.e., those with less than 75% but at least 50% 
data capture). EPA first identifies the highest reported daily value 
for that quarter, looking at that same quarter for all three years used 
to calculate the design value. EPA substitutes the highest reported 
daily PM2.5 value for that quarter for all missing daily 
data in the deficient quarter to make that quarter 100% complete. Then, 
EPA calculates a test design value (TDV) for the three-year period. If 
that recalculated annual PM2.5 design value is less than or 
equal to the level of the standard, then the annual PM2.5 
design value passes the test and is valid, and the annual 
PM2.5 NAAQS is deemed to have been met in that 3-year 
period.
    In this case, the second quarter in 2015 was deficient. The monitor 
recorded 64 out of the 91 possible daily values in that quarter, which 
included April, May, and June of 2015. Therefore, EPA looked at data 
recorded at the Lebanon monitor in the second quarters of 2014, 2015, 
and 2016, and identified the highest daily value, which was 30.5 [mu]g/
m\3\. EPA substituted that value 27 times to account for the 27 missing 
daily values in 2017 and calculated a TDV of 11.7 [mu]g/m\3\ which is 
lower than the level of the 2012 PM2.5 NAAQS. Therefore, the 
Lebanon County monitor passed the maximum quarter test, and has a valid 
design value for the 2014-2016 monitoring period. The certified annual 
design value for 2014-2016 is 11.2 [mu]g/m\3\, which is below the 2012 
annual primary PM2.5 standard of 12 [mu]g/m\3\. Therefore, 
the Lebanon County Area has attained the 2012 annual PM2.5 
NAAQS in accordance with the requirements in 40 CFR part 50, Sec.  
[thinsp]50.18 and appendix N.

                                         Table 1--2014-2016 Annual PM2.5 Values for Lebanon County, Pennsylvania
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Annual mean ([mu]g/m\3\)                              Complete quarters                     2014-2016
                                  ------------------------------------------------------------------------------------------------------    Certified
            Monitor ID                                                                                                                    annual design
                                         2014             2015             2016             2014             2015             2016        value ([mu]g/
                                                                                                                                              m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
420750100........................           12.73            11.15             9.72                4                3                4             11.2
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 2--Data Capture Rates (%) and Creditable Samples by Quarter (Q)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             2014                                2015                                2016
                                             -----------------------------------------------------------------------------------------------------------
                                                 Q1       Q2       Q3       Q4       Q1       Q2       Q3       Q4       Q1       Q2       Q3       Q4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Creditable Samples..........................       89       89       90       84       90       64       76       85       91       91       91       92
Capture Rate................................       99       98       98       91      100       70       83       92      100      100       99      100
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to determine that the Lebanon 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 requirements 
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 
Lebanon County Area will remain designated nonattainment for the 2012 
annual PM2.5 NAAQS until such time as EPA determines that 
the 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 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 of the 2012 PM2.5 NAAQS based on air quality and, 
if finalized, would not impose additional requirements. For that 
reason, this proposed 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

[[Page 50853]]

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 to determine that the Lebanon 
County Area attained the 2012 PM2.5 NAAQS 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 states and 
because 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: October 19, 2017.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2017-23568 Filed 11-1-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules                                             50851

                                                 (h) Subject                                             submission, EPA may publish any                          area to submit an attainment
                                                   Joint Aircraft Service Component (JASC)               comment received to its public docket.                   demonstration, RACM, RFP plan,
                                                 Code: 3212 Emergency Flotation Section.                 Do not submit electronically any                         contingency measures, and any other
                                                   Issued in Fort Worth, Texas, on October 16,           information you consider to be                           planning State Implementation Plans
                                                 2017.                                                   confidential business information (CBI)                  (SIPs) related to attainment for as long
                                                 James A. Grigg,                                         or other information whose disclosure is                 as the area continues to attain the
                                                                                                         restricted by statute. Multimedia                        standard.
                                                 Acting Director, Compliance & Airworthiness
                                                 Division, Aircraft Certification Service.               submissions (audio, video, etc.) must be                   In EPA’s Fine Particulate Matter
                                                                                                         accompanied by a written comment.                        National Ambient Air Quality
                                                 [FR Doc. 2017–23200 Filed 11–1–17; 8:45 am]
                                                                                                         The written comment is considered the                    Standards: State Implementation Plan
                                                 BILLING CODE 4910–13–P
                                                                                                         official comment and should include                      Requirements (81 FR 58010, August 24,
                                                                                                         discussion of all points you wish to                     2016), EPA reaffirmed the Clean Data
                                                                                                         make. EPA will generally not consider                    Policy at 40 CFR 51.1015. The rule
                                                 ENVIRONMENTAL PROTECTION                                comments or comment contents located                     states that, upon a determination by
                                                 AGENCY                                                  outside of the primary submission (i.e.                  EPA that a moderate PM2.5
                                                                                                         on the Web, cloud, or other file sharing                 nonattainment area has attained the
                                                 40 CFR Part 52                                          system). For additional submission                       PM2.5 NAAQS, the requirements for the
                                                 [EPA–R03–OAR–2017–0479; FRL–9968–42–                    methods, please contact the person                       state to submit an attainment
                                                 Region 3]                                               identified in the FOR FURTHER                            demonstration, RACM (including
                                                                                                         INFORMATION CONTACT section. For the                     reasonably available control technology
                                                 Air Quality Plans; Pennsylvania;                        full EPA public comment policy,                          (RACT) for stationary sources), RFP,
                                                 Lebanon County 2012 Fine Particulate                    information about CBI or multimedia                      quantitative milestones and quantitative
                                                 Matter Standard Determination of                        submissions, and general guidance on                     milestone reports, and contingency
                                                 Attainment                                              making effective comments, please visit                  measures for the area shall be
                                                 AGENCY:  Environmental Protection                       http://www2.epa.gov/dockets/                             suspended until such time as: (1) The
                                                 Agency (EPA).                                           commenting-epa-dockets.                                  area is redesignated to attainment, after
                                                                                                         FOR FURTHER INFORMATION CONTACT:                         which such requirements are
                                                 ACTION: Proposed rule.
                                                                                                         Maria A. Pino, (215) 814–2181, or by                     permanently discharged; or, (2) EPA
                                                 SUMMARY:    The Environmental Protection                email at pino.maria@epa.gov.                             determines that the area has re-violated
                                                 Agency (EPA) is proposing to determine                  SUPPLEMENTARY INFORMATION:                               the PM2.5 NAAQS, at which time the
                                                 that the Lebanon County, Pennsylvania                                                                            state shall submit such attainment plan
                                                                                                         I. Background                                            elements for the moderate
                                                 nonattainment area (the Lebanon
                                                 County Area) has attained the 2012                         On December 14, 2012, EPA                             nonattainment area by a future date to
                                                 annual fine particulate matter (PM2.5)                  promulgated a revised primary annual                     be determined by EPA and announced
                                                 national ambient air quality standards                  PM2.5 NAAQS to provide increased                         through publication in the Federal
                                                 (NAAQS). This proposed determination                    protection of public health from fine                    Register at the time EPA determines the
                                                 of attainment, also known as a clean                    particle pollution (the 2012 PM2.5                       area is violating the PM2.5 NAAQS. See
                                                 data determination, is based on quality                 NAAQS). See 78 FR 3086 (January 15,                      40 CFR 51.1015.
                                                 assured and certified ambient air quality               2013). In that action, EPA strengthened                  II. EPA’s Evaluation
                                                 data for the 2014–2016 monitoring                       the primary annual PM2.5 standard,
                                                                                                         lowering the level from 15.0 micrograms                     Under EPA regulations at 40 CFR part
                                                 period. If finalized, the effect of this
                                                                                                         per cubic meter (mg/m3) to 12.0 mg/m3.                   50, § 50.18 and appendix N, the annual
                                                 determination of attainment would be to
                                                                                                         The 2012 PM2.5 NAAQS is attained                         primary PM2.5 standard is met when the
                                                 suspend certain planning requirements
                                                                                                         when the 3-year average of the annual                    3-year average of PM2.5 annual mean
                                                 for the area, including the requirement
                                                                                                         arithmetic means does not exceed 12.0                    mass concentrations for each eligible
                                                 to submit an attainment demonstration
                                                                                                         mg/m3. See 40 CFR 50.18. On December                     monitoring site is less than or equal to
                                                 and associated reasonably available
                                                                                                         18, 2014 (80 FR 2206), EPA made                          12 mg/m3. Three years of valid annual
                                                 control measures (RACM), a reasonable
                                                                                                         designation determinations, as required                  means are required to produce a valid
                                                 further progress (RFP) plan, and
                                                                                                         by CAA section 107(d)(1), for the 2012                   annual PM2.5 NAAQS design value. A
                                                 contingency measures. These
                                                                                                         PM2.5 NAAQS. In that action, EPA                         year meets data completeness
                                                 requirements would be suspended for as
                                                                                                         designated the Lebanon County Area as                    requirements when quarterly data
                                                 long as the area continues to meet the
                                                                                                         moderate nonattainment for the 2012                      capture rates for all four quarters are at
                                                 2012 annual PM2.5 NAAQS. However,
                                                                                                         annual PM2.5 NAAQS. See 40 CFR                           least 75 percent (%) from eligible
                                                 this proposed action is not a
                                                                                                         81.339.                                                  monitoring sites. See 40 CFR part 50,
                                                 redesignation to attainment for the area.
                                                                                                            Under EPA’s longstanding Clean Data                   appendix N.
                                                 This action is being taken under the                                                                                By letter dated May 17, 2017,
                                                 Clean Air Act (CAA).                                    Policy,1 which was codified in EPA’s
                                                                                                         Clean Air Fine Particulate                               Pennsylvania certified its 2016 ambient
                                                 DATES: Written comments must be                                                                                  air quality monitoring data. EPA issued
                                                 received on or before December 4, 2017.                 Implementation Rule (72 FR 20586,
                                                                                                         April 25, 2007), EPA may issue a                         final 2014–2016 design values on July
                                                 ADDRESSES: Submit your comments,                                                                                 27, 2017. There is one PM2.5 monitor in
                                                                                                         determination of attainment after notice
                                                 identified by Docket ID No. EPA–R03–                    and comment rulemaking determining                       the Lebanon County Area. Table 1
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                                                 OAR–2017–0479 at http://                                that a specific area is attaining the                    shows the Lebanon County Area design
                                                 www.regulations.gov, or via email to                    relevant standard. See 40 CFR 51.1004.                   value for the 2012 annual PM2.5 NAAQS
                                                 stahl.cynthia@epa.gov. For comments                     The effect of a clean data determination                 for the years 2014–2016 at the Lebanon
                                                 submitted at Regulations.gov, follow the                is to suspend the requirement for the                    County monitor.
                                                 online instructions for submitting                                                                                  Consistent with the requirements
                                                 comments. Once submitted, comments                        1 ‘‘Clean Data Policy for the Fine Particle National   contained in 40 CFR part 50, EPA has
                                                 cannot be edited or removed from                        Ambient Air Quality Standards,’’ Memorandum              reviewed the PM2.5 ambient air quality
                                                 Regulations.gov. For either manner of                   from Stephen D. Page, December 14, 2004.                 monitoring data for the 2014–2016


                                            VerDate Sep<11>2014   14:57 Nov 01, 2017   Jkt 244001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\02NOP1.SGM    02NOP1


                                                 50852                  Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules

                                                 monitoring period for the Lebanon                         test for monitors with deficient quarters                        April, May, and June of 2015. Therefore,
                                                 County Area, as recorded in EPA’s Air                     (i.e., those with less than 75% but at                           EPA looked at data recorded at the
                                                 Quality System (AQS) database. This                       least 50% data capture). EPA first                               Lebanon monitor in the second quarters
                                                 data can be found at http://                              identifies the highest reported daily                            of 2014, 2015, and 2016, and identified
                                                 www.regulations.gov in the docket for                     value for that quarter, looking at that                          the highest daily value, which was 30.5
                                                 this action, Docket ID No. EPA–R03–                       same quarter for all three years used to                         mg/m3. EPA substituted that value 27
                                                 OAR–2017–0479. As shown in Table 1,                       calculate the design value. EPA                                  times to account for the 27 missing daily
                                                 the data indicate a declining trend in                    substitutes the highest reported daily                           values in 2017 and calculated a TDV of
                                                 PM2.5 levels, with annual means                           PM2.5 value for that quarter for all                             11.7 mg/m3 which is lower than the level
                                                 decreasing steadily from 2014 to 2016.                    missing daily data in the deficient
                                                                                                                                                                            of the 2012 PM2.5 NAAQS. Therefore,
                                                   As shown in Table 2, all but one                        quarter to make that quarter 100%
                                                 quarter in 2014–2016 is complete,                                                                                          the Lebanon County monitor passed the
                                                                                                           complete. Then, EPA calculates a test
                                                 reporting data capture rates of at least                  design value (TDV) for the three-year                            maximum quarter test, and has a valid
                                                 75%. The second quarter in 2015 had a                     period. If that recalculated annual PM2.5                        design value for the 2014–2016
                                                 data capture rate of 70%. However, EPA                    design value is less than or equal to the                        monitoring period. The certified annual
                                                 can calculate a valid design value for a                  level of the standard, then the annual                           design value for 2014–2016 is 11.2
                                                 monitor that doesn’t meet the 75%                         PM2.5 design value passes the test and                           mg/m3, which is below the 2012 annual
                                                 capture rate each quarter, as long as                     is valid, and the annual PM2.5 NAAQS                             primary PM2.5 standard of 12 mg/m3.
                                                 there is at least 50% data capture in                     is deemed to have been met in that                               Therefore, the Lebanon County Area has
                                                 each quarter. In that case, EPA can                       3-year period.                                                   attained the 2012 annual PM2.5 NAAQS
                                                 perform a data substitution test, known                      In this case, the second quarter in                           in accordance with the requirements in
                                                 as the maximum quarter test, pursuant                     2015 was deficient. The monitor                                  40 CFR part 50, § 50.18 and
                                                 to 40 CFR part 50, appendix N, section                    recorded 64 out of the 91 possible daily                         appendix N.
                                                 4.1(c)(ii). EPA routinely performs this                   values in that quarter, which included

                                                                           TABLE 1—2014–2016 ANNUAL PM2.5 VALUES FOR LEBANON COUNTY, PENNSYLVANIA
                                                                                                 Annual mean (μg/m3)                                                    Complete quarters                     2014–2016
                                                                                                                                                                                                               Certified
                                                         Monitor ID                                                                                                                                             annual
                                                                                        2014               2015                2016                        2014               2015             2016          design value
                                                                                                                                                                                                               (μg/m3)

                                                 420750100 ...................          12.73              11.15                   9.72                     4                  3                4                  11.2


                                                                             TABLE 2—DATA CAPTURE RATES (%) AND CREDITABLE SAMPLES BY QUARTER (Q)
                                                                                                       2014                                                 2015                                      2016

                                                                                        Q1        Q2          Q3         Q4               Q1          Q2           Q3         Q4        Q1      Q2           Q3           Q4

                                                 Creditable Samples ..........            89          89          90          84            90             64       76          85        91         91       91            92
                                                 Capture Rate ....................        99          98          98          91           100             70       83          92       100        100       99           100



                                                 III. Proposed Action                                        EPA is soliciting public comments on                              • Is certified as not having a
                                                                                                           the issues discussed in this document.                           significant economic impact on a
                                                    EPA is proposing to determine that                     These comments will be considered                                substantial number of small entities
                                                 the Lebanon County Area has attained                      before taking final action.                                      under the Regulatory Flexibility Act (5
                                                 the 2012 annual PM2.5 NAAQS. As                                                                                            U.S.C. 601 et seq.);
                                                                                                           IV. Statutory and Executive Order
                                                 provided in 40 CFR 51.1015,                                                                                                   • Does not contain any unfunded
                                                 finalization of this determination                        Reviews
                                                                                                                                                                            mandate or significantly or uniquely
                                                 suspends the requirements for this area                     This rulemaking action proposes to                             affect small governments, as described
                                                 to submit an attainment demonstration,                    make a determination of attainment of                            in the Unfunded Mandates Reform Act
                                                 associated RACM, RFP plan,                                the 2012 PM2.5 NAAQS based on air                                of 1995 (Pub. L. 104–4);
                                                 contingency measures, and any other                       quality and, if finalized, would not                                • Does not have federalism
                                                 planning SIP requirements related to the                  impose additional requirements. For                              implications as specified in Executive
                                                 attainment of the 2012 PM2.5 NAAQS, so                    that reason, this proposed determination                         Order 13132 (64 FR 43255, August 10,
                                                 long as this area continues to meet the                   of attainment:                                                   1999);
                                                 standard. This determination of                                                                                               • Is not an economically significant
                                                 attainment does not constitute a                            • Is not a ‘‘significant regulatory                            regulatory action based on health or
                                                 redesignation to attainment. The                          action’’ subject to review by the Office                         safety risks subject to Executive Order
nlaroche on DSK9F9SC42PROD with PROPOSALS




                                                 Lebanon County Area will remain                           of Management and Budget under                                   13045 (62 FR 19885, April 23, 1997);
                                                 designated nonattainment for the 2012                     Executive Orders 12866 (58 FR 51735,                                • Is not a significant regulatory action
                                                 annual PM2.5 NAAQS until such time as                     October 4, 1993) and 13563 (76 FR 3821,                          subject to Executive Order 13211 (66 FR
                                                 EPA determines that the area meets the                    January 21, 2011);                                               28355, May 22, 2001);
                                                 CAA requirements for redesignation to                       • Does not impose an information                                  • Is not subject to requirements of
                                                 attainment, including an approved                         collection burden under the provisions                           Section 12(d) of the National
                                                 maintenance plan, pursuant to sections                    of the Paperwork Reduction Act (44                               Technology Transfer and Advancement
                                                 107 and 175A of the CAA.                                  U.S.C. 3501 et seq.);                                            Act of 1995 (15 U.S.C. 272 note) because


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                                                                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Proposed Rules                                                50853

                                                 application of those requirements would                 DATES:   Comments must be received on                 or section of this rule, and if that
                                                 be inconsistent with the CAA; and                       or before December 4, 2017.                           provision may be severed from the
                                                    • Does not provide EPA with the                      ADDRESSES: Submit your comments,                      remainder of the rule, EPA may adopt
                                                 discretionary authority to address, as                  identified by Docket ID No. EPA–R05–                  as final those provisions of the rule that
                                                 appropriate, disproportionate human                     OAR–2017–0323 at http://                              are not the subject of an adverse
                                                 health or environmental effects, using                  www.regulations.gov or via email to                   comment. For additional information,
                                                 practicable and legally permissible                     blakley.pamela@epa.gov. For comments                  see the direct final rule which is located
                                                 methods, under Executive Order 12898                    submitted at Regulations.gov, follow the              in the Rules section of this issue of the
                                                 (59 FR 7629, February 16, 1994).                        online instructions for submitting                    Federal Register.
                                                    In addition, this proposed rule to                   comments. Once submitted, comments                      Dated: October 17, 2017.
                                                 determine that the Lebanon County                       cannot be edited or removed from
                                                 Area attained the 2012 PM2.5 NAAQS                                                                            Robert A. Kaplan,
                                                                                                         Regulations.gov. For either manner of
                                                 does not have tribal implications, as                                                                         Acting Regional Administrator, Region 5.
                                                                                                         submission, EPA may publish any
                                                 specified by Executive Order 13175 (65                  comment received to its public docket.                [FR Doc. 2017–23706 Filed 11–1–17; 8:45 am]
                                                 FR 67249, November 9, 2000), because                    Do not submit electronically any                      BILLING CODE 6560–50–P
                                                 this proposed determination of                          information you consider to be
                                                 attainment does not apply in Indian                     Confidential Business Information (CBI)
                                                 country located in the states and                       or other information whose disclosure is              ENVIRONMENTAL PROTECTION
                                                 because EPA notes that it will not                      restricted by statute. Multimedia                     AGENCY
                                                 impose substantial direct costs on tribal               submissions (audio, video, etc.) must be
                                                 governments or preempt tribal law.                                                                            40 CFR Part 52
                                                                                                         accompanied by a written comment.
                                                 List of Subjects in 40 CFR Part 52                      The written comment is considered the                 [EPA–R05–OAR–2007–1092; FRL–9969–65–
                                                                                                         official comment and should include                   Region 5]
                                                   Environmental protection, Air
                                                                                                         discussion of all points you wish to
                                                 pollution control, Incorporation by                                                                           Air Plan Approval; Michigan Minor New
                                                                                                         make. EPA will generally not consider
                                                 reference, Intergovernmental relations,                                                                       Source Review
                                                                                                         comments or comment contents located
                                                 Particulate matter, Reporting and
                                                                                                         outside of the primary submission (i.e.               AGENCY:  Environmental Protection
                                                 recordkeeping requirements.
                                                                                                         on the web, cloud, or other file sharing              Agency (EPA).
                                                    Authority: 42 U.S.C. 7401 et seq.                    system). For additional submission                    ACTION: Proposed rule; reopening of the
                                                   Dated: October 19, 2017.                              methods, please contact the person                    comment period.
                                                 Cosmo Servidio,                                         identified in the FOR FURTHER
                                                 Regional Administrator, Region III.                     INFORMATION CONTACT section. For the                  SUMMARY:   The Environmental Protection
                                                                                                         full EPA public comment policy,                       Agency (EPA) is reopening the comment
                                                 [FR Doc. 2017–23568 Filed 11–1–17; 8:45 am]
                                                                                                         information about CBI or multimedia                   period for a proposed Clean Air Act rule
                                                 BILLING CODE 6560–50–P
                                                                                                         submissions, and general guidance on                  published August 15, 2017. Multiple
                                                                                                         making effective comments, please visit               commenters requested additional time
                                                 ENVIRONMENTAL PROTECTION                                http://www2.epa.gov/dockets/                          to provide comments; therefore, EPA is
                                                 AGENCY                                                  commenting-epa-dockets.                               reopening the comment period for 30
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      days.
                                                 40 CFR Part 52                                          Charles Hatten, Environmental                         DATES: Comments must be received on
                                                 [EPA–R05–OAR–2017–0323; FRL–9970–16–                    Engineer, Control Strategies Section, Air             or before December 4, 2017.
                                                 Region 5]                                               Programs Branch (AR–18J),                             ADDRESSES: Submit your comments,
                                                                                                         Environmental Protection Agency,                      identified by Docket ID No. EPA–R05–
                                                 Air Plan Approval; Illinois; Volatile                   Region 5, 77 West Jackson Boulevard,                  OAR–2007–1092 at http://
                                                 Organic Compounds Definition                            Chicago, Illinois 60604, (312) 886–6031,              www.regulations.gov, or via email to
                                                 AGENCY:  Environmental Protection                       hatten.charles@epa.gov.                               damico.genvieve@epa.gov. For
                                                 Agency (EPA).                                           SUPPLEMENTARY INFORMATION: In the                     comments submitted at Regulations.gov,
                                                 ACTION: Proposed rule.
                                                                                                         Final Rules section of this issue of the              follow the online instructions for
                                                                                                         Federal Register, EPA is approving the                submitting comments. Once submitted,
                                                 SUMMARY:    The Environmental Protection                Illinois’s SIP submittal as a direct final            comments cannot be edited or removed
                                                 Agency (EPA) is proposing to approve a                  rule without prior proposal because the               from Regulations.gov. For either manner
                                                 state submission as a revision to the                   Agency views this as a noncontroversial               of submission, EPA may publish any
                                                 Illinois state implementation plan (SIP)                submittal and anticipates no adverse                  comment received to its public docket.
                                                 for ozone. The revision, submitted on                   comments. A detailed rationale for the                Do not submit electronically any
                                                 May 30, 2017, incorporates changes to                   approval is set forth in the direct final             information you consider to be
                                                 the Illinois Administrative Code                        rule. If no adverse comments are                      Confidential Business Information (CBI)
                                                 definition of volatile organic material,                received in response to this rule, no                 or other information whose disclosure is
                                                 otherwise known as volatile organic                     further activity is contemplated. If EPA              restricted by statute. Multimedia
                                                 compounds (VOC). The revision                           receives adverse comments, the direct                 submissions (audio, video, etc.) must be
                                                 removes recordkeeping and reporting                     final rule will be withdrawn and all                  accompanied by a written comment.
nlaroche on DSK9F9SC42PROD with PROPOSALS




                                                 requirements related to the use of t-                   public comments received will be                      The written comment is considered the
                                                 butyl acetate (also known as tertiary                   addressed in a subsequent final rule                  official comment and should include
                                                 butyl acetate) as a VOC, and is in                      based on this proposed rule. EPA will                 discussion of all points you wish to
                                                 response to an EPA rulemaking that                      not institute a second comment period.                make. EPA will generally not consider
                                                 occurred in 2016. Illinois also added                   Any parties interested in commenting                  comments or comment contents located
                                                 information to provide clarity to the list              on this action should do so at this time.             outside of the primary submission (i.e.
                                                 of compounds excluded from the                          Please note that if EPA receives adverse              on the Web, cloud, or other file sharing
                                                 definition of VOC.                                      comment on an amendment, paragraph,                   system). For additional submission


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Document Created: 2017-11-02 02:41:17
Document Modified: 2017-11-02 02:41:17
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 December 4, 2017.
ContactMaria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation82 FR 50851 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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