83 FR 9435 - Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 44 (March 6, 2018)
Federal Register Volume 83, Issue 44 (March 6, 2018)
| Page Range | 9435-9438 | |
| FR Document | 2018-04424 |
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)] [Rules and Regulations] [Pages 9435-9438] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04424] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0479; FRL-9975-00--Region 3] Air Quality Plans; Pennsylvania; Lebanon County 2012 Fine Particulate Matter Standard Determination of Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is making a final determination 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 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. The effect of this determination of attainment suspends 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. This action is not a redesignation to attainment for the area. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on April 5, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0479. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by email at huang.gavin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2017 (82 FR 50851), EPA published a notice of proposed rulemaking (NPR) for the Lebanon County Area. In the NPR, EPA proposed to determine that the Lebanon County Area attained the 2012 annual PM2.5 NAAQS. 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. In EPA's Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements final rule (81 FR 58010, August 24, 2016), EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015. --------------------------------------------------------------------------- \1\ ``Clean Data Policy for the Fine Particle National Ambient Air Quality Standards,'' Memorandum from Stephen D. Page, December 14, 2004. --------------------------------------------------------------------------- II. EPA's Evaluation Under EPA regulations at 40 CFR part 50, section 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 12.0 micrograms per cubic meter ([mu]g/m\3\). Three years of valid annual means are required to produce a valid annual PM2.5 NAAQS design value. Consistent with the requirements of 40 CFR part 50, section 50.18 and appendix N, EPA determined the Lebanon County Area has attained the 2012 annual PM2.5 NAAQS. 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 12.0 [mu]g/m\3\. The specific requirements of this determination of attainment and the rationale for EPA's proposed action, including how the annual design value for 2014-2016 was calculated, are explained in the NPR and will not be restated here. EPA received comments that are addressed in Section III of this rulemaking action. III. Public Comments and EPA's Responses EPA received adverse comments from one commenter, the Clean Air Council (hereinafter referred to as the ``Commenter''). The Commenter expressed concern about EPA's calculations performed for this determination of attainment. The Commenter states, ``EPA should perform its calculations again and provide explanations for its conclusions, which were not substantiated by the background documents in the rulemaking docket.'' EPA provided its explanations and support for the determination of attainment in the NPR and explained 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 12.0 [mu]g/m\3\. The Commenter's specific concerns are summarized and addressed in this section. Comment 1: For the 2015 annual mean, the Commenter confirmed the annual mean calculation from EPA but had comments regarding data from the second quarter of 2015. The Commenter noted there was only monitored data for 64 of the 91 days in the quarter which led EPA to conduct a ``data completeness test.'' The Commenter states that ``EPA substituted 30.5 micrograms per cubic meter for each of the 27 days of missing data, based on the premise that this figure was the highest daily average in the second quarters of 2014, 2015, and 2016'' and stated that this figure was the daily average for June 11, 2015, during the second quarter of 2015. The Commenter states that EPA does not acknowledge that there was actually a higher daily value of 34 [mu]g/ m\3\ on May 11, 2016, during the second quarter of 2016 based on data Commenter obtained from an EPA website.\2\ The Commenter states that it is possible that EPA excluded this figure under the rationale that there was an ``extraordinary event.'' The Commenter also notes there was additional monitored data available related to Parameter Occurrence Code 3 (POC 3) from the EPA website for the second quarter of 2015 which EPA did not consider in supporting the determination of attainment. The Commenter notes the design value [[Page 9436]] would still be lower than the NAAQS but notes EPA should provide a legal and technical explanation and should perform the calculations again based on the correct data. --------------------------------------------------------------------------- \2\ https://www.epa.gov/outdoor-air-quality-data/download-daily-data. --------------------------------------------------------------------------- Response 1: In accordance with 40 CFR part 50, appendix N, section 3.0(d)(1), the Pennsylvania Department of Environmental Protection (PADEP) installed a PM2.5 monitor with federal reference method (FRM) code 145, parameter occurrence code 1 (POC 1) at the Lebanon County site (Site ID 42-075-0100) and designated this monitor as the primary monitor in January 2016.\3\ PADEP also has a collocated monitor with federal equivalent method (FEM) code 170, parameter occurrence code 3 (POC 3). 40 CFR part 50, appendix N, section 3.0(d)(1), states: ``The default dataset for PM2.5 mass concentrations for a site shall consist of the measured concentrations recorded from the designated primary monitor(s). All daily values produced by the primary monitor are considered part of the site record; this includes all creditable samples and all extra samples.'' Additionally 40 CFR part 58, appendix A, section 3.2.3 states: ``For each pair of collocated monitors, designate one sampler as the primary monitor whose concentrations will be used to report air quality for the site, and designate the other as the quality control monitor. There can be only one primary monitor at a monitoring site for a given time period.'' As previously mentioned on January 1, 2016, PADEP designated POC 1 as the primary monitor. Therefore, after January 1, 2016, on days where the primary monitor POC 1 produces a daily value, it is considered part of the site record and not the data from collocated monitor POC 3. --------------------------------------------------------------------------- \3\ See Docket ID EPA-R03-OAR-2017-0479-0016. Page 2 of the ``Air Quality System (AQS) Monitor Description Report,'' notes POC 1's official start date as January 1, 2016. Therefore, EPA will be referencing the January 1, 2016 date. PADEP's 2016 Annual Ambient Air Monitoring Network Plan notes the start date as January 7, 2016. --------------------------------------------------------------------------- Additionally, 40 CFR part 50, appendix N, section 3.0(d)(2), states that, ``Data for the primary monitors shall be augmented as much as possible with data from collocated monitors. If a valid daily value is not produced by the primary monitor for a particular day (scheduled or otherwise), but a value is available from a collocated monitor, then that collocated value shall be considered part of the combined site data record (emphasis added). If more than one collocated daily value is available, the average of those valid collocated values shall be used as the daily value. The data record resulting from this procedure is referred to as the `combined site data record.' '' Pursuant to 40 CFR part 50, appendix N, section 3.0(d)(2), the data from collocated monitor POC 3 is only considered as part of the combined site data record (to be used in determining design value for the 2012 annual PM2.5 NAAQS) when there is no valid daily value from the primary monitor POC 1. For the data substitution test \4\ performed by EPA in the second quarter of 2015 due to missing data values, EPA used the highest daily site record for the second quarter substitution value. 40 CFR part 50, appendix N, section 1(c) defines the value used for the maximum data substitution test and provides ``[t]he maximum quarterly value data substitution test substitutes actual `high' reported daily PM2.5 values from the same site (specifically, the highest reported non-excluded quarterly value(s) (year non-specific) contained in the combined site record for the evaluated 3-year period) for missing daily values.'' The daily site record included data from POC 1 and POC 3 depending on which monitor was primary and which monitor had valid data between April 1 and June 30 in 2014, 2015, and 2016, i.e. the second quarters of 2014, 2015, and 2016. EPA determined that the highest daily site record for the second quarter substitution value was 30.5 [mu]g/m\3\ recorded on June 11, 2015 from POC 1. The higher daily value of 34 [mu]g/m\3\ was recorded on May 11, 2016 by the collocated monitor, POC 3. However, because POC 1 produced a valid daily value of 29.1 [mu]g/m\3\ on this same day, May 11, 2016, the data value from POC 3 was not used in the data substitution test as the highest daily site record and therefore the daily value of 30.5 [mu]g/m\3\ recorded on June 11, 2015 was the highest daily site record for the second quarter between 2014-2016. EPA's use of 30.5 [mu]g/m\3\ in the data substitution test for 2015 was therefore correct and in accordance with 40 CFR part 50 appendix N, and no calculations need to be redone for the 2015 annual mean. EPA notes that we did not exclude this data (the 34 [mu]g/m\3\ recorded on May 11, 2016 by the collocated monitor, POC 3) in our data substitution analysis due to any ``exceptional event,'' as we did not use this data because data from the primary monitor POC 1 was available on that same day. See 40 CFR part 50, appendix N, section 3.0(d)(2). --------------------------------------------------------------------------- \4\ EPA notes that ``data substitution test'' is defined in 40 CFR part 50, appendix N as ``diagnostic evaluations performed on an annual PM2.5 NAAQS design value (DV) or a 24-hour PM2.5 NAAQS DV to determine if those metrics, which are judged to be based on incomplete data in accordance with 4.1(b) or 4.2(b) of this appendix shall nevertheless be deemed valid for NAAQS comparisons, or alternatively, shall still be considered incomplete and not valid for NAAQS comparisons. There are two data substitution tests, the `minimum quarterly value' test and the `maximum quarterly value' test. Design values (DVs) are the 3-year average NAAQS metrics that are compared to the NAAQS levels to determine when a monitoring site meets or does not meet the NAAQS, calculated as shown in section 4.'' In the NPR, EPA discussed its application of the data substitution test using the maximum quarterly value test. Appendix N provides that the ``maximum quarterly value data substitution test'' substitutes actual ``high'' reported daily PM2.5 values from the same site (specifically, the highest reported non-excluded quarterly value(s) (year non-specific) contained in the combined site record for the evaluated 3-year period) for missing daily values. --------------------------------------------------------------------------- Comment 2: For the 2016 annual mean, the Commenter states that it is unclear which monitor is intended to be the primary monitor. The Commenter claims that the 2016 annual mean should be 12.22 [mu]g/m\3\ instead of EPA's calculated mean of 9.72 [mu]g/m\3\ and states it was unclear how EPA calculated its annual mean for 2016. Therefore, based on the Commenter's calculations, the annual design value for 2014-2016 should be 12.03 [mu]g/m\3\ using the higher annual mean for 2016 calculated by the Commenter. The Commenter claims the difference is material because the analysis leads to a determination that Lebanon County is still not attaining the standard of 12.0 [mu]g/m\3\. Additionally, the Commenter requests that if EPA ``has relied primarily on data from POC 1, to the exclusion of data from POC 3, it should provide an explanation of the legal and technical authority for doing so.'' The Commenter notes data from POC 1 was generally lower than data from POC 3 when both monitors were operating on the same dates. Response 2: As discussed in Response 1, POC 1 became the designated primary monitor as of January 2016. See 40 CFR part 50, appendix N, section 3.0(d)(1) and (2) and Docket ID EPA-R03-OAR-2017-0479-0016. When calculating the 2016 annual mean, EPA used the data from primary monitor POC 1 and substituted any missing days from the primary monitor with data from collocated monitor POC 3. Id. This resulted in 2016 quarterly means of 12.18, 8.70, 8.62, 9.37 [mu]g/m\3\ and an annual mean of 9.72 [mu]g/m\3\, and not 12.22 [mu]g/m\3\, which Commenter calculated by inappropriately combining data from POC 1 and POC 3. POC 1 is the primary monitor and thus the primary source of data for determining the mean unless data is missing. Id. Thus, EPA correctly calculated the 2016 annual mean and the 2014-16 design value as explained in the NPR. While EPA disagrees with [[Page 9437]] the Commenter's analysis as stated above, EPA notes that the Commenter's calculated design value of 12.03 [mu]g/m\3\ (even if correct) would still demonstrate an attaining design value for the 2012 annual PM2.5 NAAQS. 40 CFR part 50, appendix N, section 4.3(a) states, ``[a]nnual PM2.5 NAAQS DVs (design values) shall be rounded to the nearest tenth of a [micro]g/m\3\ (decimals x.x5 and greater are rounded up to the next tenth, and any decimal lower than x.x5 is rounded down to the nearest tenth).'' Therefore, based on the rounding conventions established at 40 CFR part 50, appendix N, section 4.3(a), 12.03 [mu]g/m\3\ would round to 12.0 [mu]g/m\3\ and still meet the 2012 annual PM2.5 NAAQS. Comment 3: The Commenter states that an EPA guidance document contemplates supplementing data from a primary monitor with data from a secondary monitor. See AQS Tech Note POC 6-28-13, Technical Note-- Guidance on the Use of Parameter Occurrence Codes (POCs) When Using Multiple Instruments at Monitoring Sites, https://www.epa.gov/aqs/aqs-tech-note-poc-6-28-13 (``The regulatory language for particulate matter (PM) and lead (Pb) monitoring allows for the combining of data when the primary monitor at the site does not sample on a particular day either due to it not being a scheduled sampling day or the instrument did not collect a valid sample.''). Response 3: ``AQS (Air Quality System) Tech Note POC 6-28-13'' is a technical memo from EPA to states, local, tribal, and other data users who use the Air Quality System\5\ (AQS) to submit and retrieve air quality data. The memo explains that each individual monitor should be reported to AQS under a specific POC even if the data from these monitors is going to routinely be combined as the site record. Reporting data this way allows data users to properly assess the quality of data from a specific monitor while providing the proper sample completeness at a monitoring site. The memo goes further to explain that in 2008, AQS was enhanced to automatically combine PM2.5 values from collocated data in accordance with 40 CFR part 50, appendix N. As described in Response 1, EPA does allow the data from a collocated monitor to be considered as part of the combined site data record when there is no valid daily value from the primary monitor. EPA thus correctly considered data from the collocated monitor in Lebanon County when appropriate in accordance with 40 CFR part 50, appendix N. --------------------------------------------------------------------------- \5\ AQS is EPA's repository of ambient air quality data. AQS stores data from over 10,000 monitors, 5,000 of which are currently active. See https://www.epa.gov/aqs. --------------------------------------------------------------------------- Comment 4: The Commenter states that there is a discrepancy for the third quarter of 2016, as the Commenter found 92 data samples instead of 91 data samples using data downloaded from EPA's website. Response 4: EPA has reviewed the third quarter data for 2016 and has determined that on August 10, 2016, neither POC 1 nor POC 3 produced a valid daily value. Therefore, 91 data samples were used in calculating the third quarter 2016 mean. Thus, no discrepancy or error exists. Comment 5: The Commenter claims that EPA relied on data from POC 3 exclusively for 2014 and 2015 and excluded data from POC 3 in the face of lower data from a new POC 1. Response 5: As previously discussed in Response 1, POC 1 is the designated primary monitor as of January 2016 and POC 3 is a collocated monitor. See 40 CFR part 50, appendix N, section 3.0(d)(1) and (2). Therefore, the data from primary monitor POC 1 is used as the site record, but is augmented with data from collocated monitor POC 3 whenever there is missing data from POC 1. In 2016, POC 3 data was used as the site record 60 days out of the 364 days used to calculate the 2016 annual mean because data from POC 1, the designated primary monitor, was not available. EPA therefore appropriately used data from POC 1 when available in 2016 in calculating the annual mean and used data from POC 3 in 2016 when data from POC 1 was unavailable in accordance with CAA regulations. IV. Final Action EPA is making a final determination 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. V. Statutory and Executive Order Reviews A. General Requirements This rulemaking action proposes to make a determination of attainment of the 2012 PM2.5 NAAQS based on air quality data and does 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); is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the Lebanon County Area does not include any Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. [[Page 9438]] B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 7, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action determining that the Lebanon County Area attained the 2012 annual PM 2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: February 15, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. Section 52.2059 is amended by adding paragraph (w) to read as follows: Sec. 52.2059 Control strategy: Particulate matter. * * * * * (w) Determination of Attainment. EPA has determined based on 2014 to 2016 ambient air quality monitoring data, that the Lebanon 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. 2018-04424 Filed 3-5-18; 8:45 am] BILLING CODE 6560-50-P
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* * * * * www.regulations.gov, or please contact including how the annual design value
the person identified in the FOR FURTHER for 2014–2016 was calculated, are
Tracy A. Quinlan,
INFORMATION CONTACT section for explained in the NPR and will not be
Attorney, Federal Compliance.
additional availability information. restated here. EPA received comments
[FR Doc. 2018–04449 Filed 3–5–18; 8:45 am] that are addressed in Section III of this
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7710–12–C
Gavin Huang, (215) 814–2042, or by rulemaking action.
email at huang.gavin@epa.gov. III. Public Comments and EPA’s
SUPPLEMENTARY INFORMATION: Responses
ENVIRONMENTAL PROTECTION
AGENCY I. Background EPA received adverse comments from
On November 2, 2017 (82 FR 50851), one commenter, the Clean Air Council
40 CFR Part 52 (hereinafter referred to as the
EPA published a notice of proposed
[EPA–R03–OAR–2017–0479; FRL–9975– rulemaking (NPR) for the Lebanon ‘‘Commenter’’). The Commenter
00—Region 3] County Area. In the NPR, EPA proposed expressed concern about EPA’s
to determine that the Lebanon County calculations performed for this
Air Quality Plans; Pennsylvania; Area attained the 2012 annual PM2.5 determination of attainment. The
Lebanon County 2012 Fine Particulate NAAQS. Commenter states, ‘‘EPA should perform
Matter Standard Determination of Under EPA’s longstanding Clean Data its calculations again and provide
Attainment Policy,1 which was codified in EPA’s explanations for its conclusions, which
Clean Air Fine Particulate were not substantiated by the
AGENCY: Environmental Protection background documents in the
Agency (EPA). Implementation Rule (72 FR 20586,
April 25, 2007), EPA may issue a rulemaking docket.’’ EPA provided its
ACTION: Final rule. explanations and support for the
determination of attainment after notice
SUMMARY: The Environmental Protection and comment rulemaking determining determination of attainment in the NPR
Agency (EPA) is making a final that a specific area is attaining the and explained the certified annual
determination that the Lebanon County, relevant standard. See 40 CFR 51.1004. design value for 2014–2016 is 11.2 mg/
Pennsylvania nonattainment area (the The effect of a clean data determination m3, which is below the 2012 annual
Lebanon County Area) has attained the is to suspend the requirement for the primary PM2.5 standard of 12.0 mg/m3.
2012 annual fine particulate matter area to submit an attainment The Commenter’s specific concerns are
(PM2.5) national ambient air quality demonstration, RACM, RFP plan, summarized and addressed in this
standards (NAAQS). This determination contingency measures, and any other section.
Comment 1: For the 2015 annual
of attainment, also known as a clean planning State Implementation Plans
mean, the Commenter confirmed the
data determination, is based on quality (SIPs) related to attainment for as long
annual mean calculation from EPA but
assured and certified ambient air quality as the area continues to attain the
had comments regarding data from the
data for the 2014–2016 monitoring standard. In EPA’s Fine Particulate
second quarter of 2015. The Commenter
period. The effect of this determination Matter National Ambient Air Quality
noted there was only monitored data for
of attainment suspends certain planning Standards: State Implementation Plan
64 of the 91 days in the quarter which
requirements for the area, including the Requirements final rule (81 FR 58010,
led EPA to conduct a ‘‘data
requirement to submit an attainment August 24, 2016), EPA reaffirmed the
completeness test.’’ The Commenter
demonstration and associated Clean Data Policy at 40 CFR 51.1015.
states that ‘‘EPA substituted 30.5
reasonably available control measures
II. EPA’s Evaluation micrograms per cubic meter for each of
(RACM), a reasonable further progress
Under EPA regulations at 40 CFR part the 27 days of missing data, based on
(RFP) plan, and contingency measures.
50, section 50.18 and appendix N, the the premise that this figure was the
These requirements would be
annual primary PM2.5 standard is met highest daily average in the second
suspended for as long as the area
when the 3-year average of PM2.5 annual quarters of 2014, 2015, and 2016’’ and
continues to meet the 2012 annual PM2.5
mean mass concentrations for each stated that this figure was the daily
NAAQS. This action is not a
eligible monitoring site is less than or average for June 11, 2015, during the
redesignation to attainment for the area.
equal to 12.0 micrograms per cubic second quarter of 2015. The Commenter
This action is being taken under the
meter (mg/m3). Three years of valid states that EPA does not acknowledge
Clean Air Act (CAA).
annual means are required to produce a that there was actually a higher daily
DATES: This final rule is effective on value of 34 mg/m3 on May 11, 2016,
April 5, 2018. valid annual PM2.5 NAAQS design
value. during the second quarter of 2016 based
ADDRESSES: EPA has established a on data Commenter obtained from an
Consistent with the requirements of
docket for this action under Docket ID EPA website.2 The Commenter states
40 CFR part 50, section 50.18 and
Number EPA–R03–OAR–2017–0479. All that it is possible that EPA excluded this
appendix N, EPA determined the
documents in the docket are listed on figure under the rationale that there was
Lebanon County Area has attained the
the http://www.regulations.gov website. an ‘‘extraordinary event.’’ The
2012 annual PM2.5 NAAQS. The
Although listed in the index, some Commenter also notes there was
certified annual design value for 2014–
information is not publicly available, additional monitored data available
2016 is 11.2 mg/m3, which is below the
e.g., confidential business information related to Parameter Occurrence Code 3
2012 annual primary PM2.5 standard of
(CBI) or other information whose (POC 3) from the EPA website for the
12.0 mg/m3.
jstallworth on DSKBBY8HB2PROD with RULES
disclosure is restricted by statute. second quarter of 2015 which EPA did
The specific requirements of this
Certain other material, such as not consider in supporting the
determination of attainment and the
copyrighted material, is not placed on determination of attainment. The
rationale for EPA’s proposed action,
the internet and will be publicly Commenter notes the design value
available only in hard copy form. 1 ‘‘Clean Data Policy for the Fine Particle National
Publicly available docket materials are Ambient Air Quality Standards,’’ Memorandum 2 https://www.epa.gov/outdoor-air-quality-data/
available through http:// from Stephen D. Page, December 14, 2004. download-daily-data.
VerDate Sep<11>2014 16:10 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1](https://thefederalregister.org/doc/83_FR_9479/page/1.svg)
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would still be lower than the NAAQS from this procedure is referred to as the recorded on June 11, 2015 was the
but notes EPA should provide a legal ‘combined site data record.’ ’’ highest daily site record for the second
and technical explanation and should Pursuant to 40 CFR part 50, appendix quarter between 2014–2016. EPA’s use
perform the calculations again based on N, section 3.0(d)(2), the data from of 30.5 mg/m3 in the data substitution
the correct data. collocated monitor POC 3 is only test for 2015 was therefore correct and
Response 1: In accordance with 40 considered as part of the combined site in accordance with 40 CFR part 50
CFR part 50, appendix N, section data record (to be used in determining appendix N, and no calculations need to
3.0(d)(1), the Pennsylvania Department design value for the 2012 annual PM2.5 be redone for the 2015 annual mean.
of Environmental Protection (PADEP) NAAQS) when there is no valid daily EPA notes that we did not exclude this
installed a PM2.5 monitor with federal value from the primary monitor POC 1. data (the 34 mg/m3 recorded on May 11,
reference method (FRM) code 145, For the data substitution test 4 2016 by the collocated monitor, POC 3)
parameter occurrence code 1 (POC 1) at performed by EPA in the second quarter in our data substitution analysis due to
the Lebanon County site (Site ID 42– of 2015 due to missing data values, EPA any ‘‘exceptional event,’’ as we did not
075–0100) and designated this monitor used the highest daily site record for the use this data because data from the
as the primary monitor in January second quarter substitution value. 40 primary monitor POC 1 was available on
2016.3 PADEP also has a collocated CFR part 50, appendix N, section 1(c) that same day. See 40 CFR part 50,
monitor with federal equivalent method defines the value used for the maximum appendix N, section 3.0(d)(2).
(FEM) code 170, parameter occurrence data substitution test and provides Comment 2: For the 2016 annual
code 3 (POC 3). 40 CFR part 50, ‘‘[t]he maximum quarterly value data mean, the Commenter states that it is
appendix N, section 3.0(d)(1), states: substitution test substitutes actual ‘high’ unclear which monitor is intended to be
‘‘The default dataset for PM2.5 mass reported daily PM2.5 values from the the primary monitor. The Commenter
concentrations for a site shall consist of same site (specifically, the highest claims that the 2016 annual mean
the measured concentrations recorded reported non-excluded quarterly should be 12.22 mg/m3 instead of EPA’s
from the designated primary monitor(s). value(s) (year non-specific) contained in calculated mean of 9.72 mg/m3 and
All daily values produced by the the combined site record for the states it was unclear how EPA
primary monitor are considered part of evaluated 3-year period) for missing calculated its annual mean for 2016.
the site record; this includes all daily values.’’ The daily site record Therefore, based on the Commenter’s
creditable samples and all extra included data from POC 1 and POC 3 calculations, the annual design value for
samples.’’ Additionally 40 CFR part 58, depending on which monitor was 2014–2016 should be 12.03
appendix A, section 3.2.3 states: ‘‘For primary and which monitor had valid mg/m3 using the higher annual mean for
each pair of collocated monitors, data between April 1 and June 30 in 2016 calculated by the Commenter. The
designate one sampler as the primary 2014, 2015, and 2016, i.e. the second Commenter claims the difference is
monitor whose concentrations will be quarters of 2014, 2015, and 2016. EPA material because the analysis leads to a
used to report air quality for the site, determined that the highest daily site determination that Lebanon County is
and designate the other as the quality record for the second quarter still not attaining the standard of 12.0
control monitor. There can be only one substitution value was 30.5 mg/m3 mg/m3. Additionally, the Commenter
primary monitor at a monitoring site for recorded on June 11, 2015 from POC 1. requests that if EPA ‘‘has relied
a given time period.’’ As previously The higher daily value of 34 mg/m3 was primarily on data from POC 1, to the
mentioned on January 1, 2016, PADEP recorded on May 11, 2016 by the exclusion of data from POC 3, it should
designated POC 1 as the primary collocated monitor, POC 3. However, provide an explanation of the legal and
monitor. Therefore, after January 1, because POC 1 produced a valid daily technical authority for doing so.’’ The
2016, on days where the primary value of 29.1 mg/m3 on this same day, Commenter notes data from POC 1 was
monitor POC 1 produces a daily value, May 11, 2016, the data value from POC generally lower than data from POC 3
it is considered part of the site record 3 was not used in the data substitution when both monitors were operating on
and not the data from collocated test as the highest daily site record and the same dates.
monitor POC 3. therefore the daily value of 30.5 mg/m3 Response 2: As discussed in Response
Additionally, 40 CFR part 50, 1, POC 1 became the designated primary
appendix N, section 3.0(d)(2), states 4 EPA notes that ‘‘data substitution test’’ is monitor as of January 2016. See 40 CFR
that, ‘‘Data for the primary monitors defined in 40 CFR part 50, appendix N as part 50, appendix N, section 3.0(d)(1)
‘‘diagnostic evaluations performed on an annual
shall be augmented as much as possible PM2.5 NAAQS design value (DV) or a 24-hour PM2.5
and (2) and Docket ID EPA–R03–OAR–
with data from collocated monitors. If a NAAQS DV to determine if those metrics, which are 2017–0479–0016. When calculating the
valid daily value is not produced by the judged to be based on incomplete data in 2016 annual mean, EPA used the data
primary monitor for a particular day accordance with 4.1(b) or 4.2(b) of this appendix from primary monitor POC 1 and
shall nevertheless be deemed valid for NAAQS substituted any missing days from the
(scheduled or otherwise), but a value is comparisons, or alternatively, shall still be
available from a collocated monitor, considered incomplete and not valid for NAAQS primary monitor with data from
then that collocated value shall be comparisons. There are two data substitution tests, collocated monitor POC 3. Id. This
considered part of the combined site the ‘minimum quarterly value’ test and the resulted in 2016 quarterly means of
‘maximum quarterly value’ test. Design values 12.18, 8.70, 8.62, 9.37 mg/m3 and an
data record (emphasis added). If more (DVs) are the 3-year average NAAQS metrics that
than one collocated daily value is are compared to the NAAQS levels to determine annual mean of 9.72 mg/m3, and not
available, the average of those valid when a monitoring site meets or does not meet the 12.22 mg/m3, which Commenter
collocated values shall be used as the NAAQS, calculated as shown in section 4.’’ In the calculated by inappropriately
NPR, EPA discussed its application of the data combining data from POC 1 and POC 3.
daily value. The data record resulting
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substitution test using the maximum quarterly
value test. Appendix N provides that the
POC 1 is the primary monitor and thus
3 See Docket ID EPA–R03–OAR–2017–0479–0016. ‘‘maximum quarterly value data substitution test’’ the primary source of data for
Page 2 of the ‘‘Air Quality System (AQS) Monitor substitutes actual ‘‘high’’ reported daily PM2.5 determining the mean unless data is
Description Report,’’ notes POC 1’s official start values from the same site (specifically, the highest missing. Id. Thus, EPA correctly
date as January 1, 2016. Therefore, EPA will be reported non-excluded quarterly value(s) (year non-
referencing the January 1, 2016 date. PADEP’s 2016 specific) contained in the combined site record for
calculated the 2016 annual mean and
Annual Ambient Air Monitoring Network Plan the evaluated 3-year period) for missing daily the 2014–16 design value as explained
notes the start date as January 7, 2016. values. in the NPR. While EPA disagrees with
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![Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations 9437
the Commenter’s analysis as stated EPA thus correctly considered data from V. Statutory and Executive Order
above, EPA notes that the Commenter’s the collocated monitor in Lebanon Reviews
calculated design value of 12.03 mg/m3 County when appropriate in accordance
A. General Requirements
(even if correct) would still demonstrate with 40 CFR part 50, appendix N.
an attaining design value for the 2012 Comment 4: The Commenter states This rulemaking action proposes to
annual PM2.5 NAAQS. 40 CFR part 50, that there is a discrepancy for the thirdmake a determination of attainment of
appendix N, section 4.3(a) states, quarter of 2016, as the Commenter the 2012 PM2.5 NAAQS based on air
‘‘[a]nnual PM2.5 NAAQS DVs (design found 92 data samples instead of 91 quality data and does not impose
values) shall be rounded to the nearest data samples using data downloaded additional requirements. For that
tenth of a mg/m3 (decimals x.x5 and from EPA’s website. reason, this proposed determination of
greater are rounded up to the next tenth, Response 4: EPA has reviewed the attainment:
and any decimal lower than x.x5 is third quarter data for 2016 and has • Is not a ‘‘significant regulatory
rounded down to the nearest tenth).’’ determined that on August 10, 2016, action’’ subject to review by the Office
Therefore, based on the rounding neither POC 1 nor POC 3 produced a of Management and Budget under
conventions established at 40 CFR part valid daily value. Therefore, 91 data Executive Orders 12866 (58 FR 51735,
50, appendix N, section 4.3(a), 12.03 samples were used in calculating the October 4, 1993) and 13563 (76 FR 3821,
mg/m3 would round to 12.0 mg/m3 and third quarter 2016 mean. Thus, no January 21, 2011);
still meet the 2012 annual PM2.5 discrepancy or error exists. • is not an Executive Order 13771
NAAQS. Comment 5: The Commenter claims regulatory action because this action is
Comment 3: The Commenter states that EPA relied on data from POC 3 not significant under Executive Order
that an EPA guidance document exclusively for 2014 and 2015 and 12866.
contemplates supplementing data from excluded data from POC 3 in the face of • does not impose an information
a primary monitor with data from a lower data from a new POC 1. collection burden under the provisions
secondary monitor. See AQS Tech Note Response 5: As previously discussed
of the Paperwork Reduction Act (44
POC 6–28–13, Technical Note— in Response 1, POC 1 is the designated
U.S.C. 3501 et seq.);
primary monitor as of January 2016 and
Guidance on the Use of Parameter
POC 3 is a collocated monitor. See 40 • is certified as not having a
Occurrence Codes (POCs) When Using significant economic impact on a
CFR part 50, appendix N, section
Multiple Instruments at Monitoring substantial number of small entities
3.0(d)(1) and (2). Therefore, the data
Sites, https://www.epa.gov/aqs/aqs- under the Regulatory Flexibility Act (5
from primary monitor POC 1 is used as
tech-note-poc-6-28-13 (‘‘The regulatory U.S.C. 601 et seq.);
the site record, but is augmented with
language for particulate matter (PM) and
data from collocated monitor POC 3 • does not contain any unfunded
lead (Pb) monitoring allows for the mandate or significantly or uniquely
whenever there is missing data from
combining of data when the primary affect small governments, as described
POC 1. In 2016, POC 3 data was used
monitor at the site does not sample on in the Unfunded Mandates Reform Act
as the site record 60 days out of the 364
a particular day either due to it not of 1995 (Pub. L. 104–4);
days used to calculate the 2016 annual
being a scheduled sampling day or the
mean because data from POC 1, the • does not have federalism
instrument did not collect a valid implications as specified in Executive
designated primary monitor, was not
sample.’’). Order 13132 (64 FR 43255, August 10,
Response 3: ‘‘AQS (Air Quality available. EPA therefore appropriately
used data from POC 1 when available in 1999);
System) Tech Note POC 6–28–13’’ is a • is not an economically significant
technical memo from EPA to states, 2016 in calculating the annual mean
and used data from POC 3 in 2016 when regulatory action based on health or
local, tribal, and other data users who safety risks subject to Executive Order
use the Air Quality System5 (AQS) to data from POC 1 was unavailable in
accordance with CAA regulations. 13045 (62 FR 19885, April 23, 1997);
submit and retrieve air quality data. The • is not a significant regulatory action
memo explains that each individual IV. Final Action subject to Executive Order 13211 (66 FR
monitor should be reported to AQS EPA is making a final determination 28355, May 22, 2001);
under a specific POC even if the data that the Lebanon County Area has • is not subject to requirements of
from these monitors is going to attained the 2012 annual PM2.5 NAAQS. Section 12(d) of the National
routinely be combined as the site As provided in 40 CFR 51.1015, Technology Transfer and Advancement
record. Reporting data this way allows finalization of this determination Act of 1995 (15 U.S.C. 272 note) because
data users to properly assess the quality suspends the requirements for this area application of those requirements would
of data from a specific monitor while to submit an attainment demonstration, be inconsistent with the CAA; and
providing the proper sample associated RACM, RFP plan, • does not provide EPA with the
completeness at a monitoring site. The contingency measures, and any other discretionary authority to address, as
memo goes further to explain that in planning SIP requirements related to the appropriate, disproportionate human
2008, AQS was enhanced to attainment of the 2012 PM2.5 NAAQS, so health or environmental effects, using
automatically combine PM2.5 values long as this area continues to meet the practicable and legally permissible
from collocated data in accordance with standard. This determination of methods, under Executive Order 12898
40 CFR part 50, appendix N. As attainment does not constitute a (59 FR 7629, February 16, 1994).
described in Response 1, EPA does redesignation to attainment. The In addition, this rule does not have
allow the data from a collocated monitor Lebanon County Area will remain tribal implications as specified by
jstallworth on DSKBBY8HB2PROD with RULES
to be considered as part of the combined designated nonattainment for the 2012 Executive Order 13175 (65 FR 67249,
site data record when there is no valid annual PM2.5 NAAQS until such time as November 9, 2000), because the
daily value from the primary monitor. EPA determines that the area meets the Lebanon County Area does not include
5 AQS is EPA’s repository of ambient air quality
CAA requirements for redesignation to any Indian country located in the state,
data. AQS stores data from over 10,000 monitors,
attainment, including an approved and EPA notes that it will not impose
5,000 of which are currently active. See https:// maintenance plan, pursuant to sections substantial direct costs on tribal
www.epa.gov/aqs. 107 and 175A of the CAA. governments or preempt tribal law.
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![9438 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations
B. Submission to Congress and the § 52.2059 Control strategy: Particulate material, such as copyrighted material,
Comptroller General matter. is not placed on the internet and will be
* * * * * publicly available only in hard copy
The Congressional Review Act, 5 (w) Determination of Attainment. EPA form. Publicly available docket
U.S.C. 801 et seq., as added by the Small has determined based on 2014 to 2016 materials are available at https://
Business Regulatory Enforcement ambient air quality monitoring data, that www.regulations.gov or at the U.S.
Fairness Act of 1996, generally provides the Lebanon County, Pennsylvania Environmental Protection Agency, EPA
that before a rule may take effect, the moderate nonattainment area has New England Regional Office, Office of
agency promulgating the rule must attained the 2012 annual fine particulate Ecosystem Protection, Air Quality
submit a rule report, which includes a matter (PM2.5) primary national ambient Planning Unit, 5 Post Office Square—
copy of the rule, to each House of the air quality standard (NAAQS). This Suite 100, Boston, MA. EPA requests
Congress and to the Comptroller General determination, in accordance with 40 that if at all possible, you contact the
of the United States. EPA will submit a CFR 51.1015, suspends the contact listed in the FOR FURTHER
report containing this action and other requirements for this area to submit an INFORMATION CONTACT section to
required information to the U.S. Senate, attainment demonstration, associated schedule your inspection. The Regional
the U.S. House of Representatives, and reasonably available control measures, a Office’s official hours of business are
the Comptroller General of the United reasonable further progress plan, Monday through Friday, 8:30 a.m. to
States prior to publication of the rule in contingency measures, and other 4:30 p.m., excluding legal holidays.
the Federal Register. A major rule planning state implementation plan FOR FURTHER INFORMATION CONTACT:
cannot take effect until 60 days after it revisions related to attainment of the Anne McWilliams, Air Quality Planning
is published in the Federal Register. standard for as long as this area Unit, U.S. Environmental Protection
This action is not a ‘‘major rule’’ as continues to meet the 2012 annual PM2.5 Agency, EPA New England Regional
defined by 5 U.S.C. 804(2). NAAQS. Office, 5 Post Office Square—Suite 100,
C. Petitions for Judicial Review [FR Doc. 2018–04424 Filed 3–5–18; 8:45 am] (Mail code OEP05–2), Boston, MA
BILLING CODE 6560–50–P 02109–3912, tel. (617) 918–1697, email
Under section 307(b)(1) of the CAA,
mcwilliams.anne@epa.gov.
petitions for judicial review of this
SUPPLEMENTARY INFORMATION:
action must be filed in the United States ENVIRONMENTAL PROTECTION
Court of Appeals for the appropriate Throughout this document whenever
AGENCY ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
circuit by May 7, 2018. Filing a petition
for reconsideration by the Administrator EPA.
40 CFR Part 52
of this final rule does not affect the Table of Contents
[EPA–R01–OAR–2017–0590; FRL–9974–
finality of this action for the purposes of 96—Region 1] I. Background and Purpose
judicial review nor does it extend the II. Final Action
time within which a petition for judicial Air Plan Approval; Massachusetts; III. Incorporation by Reference
review may be filed, and shall not Logan Airport Parking Freeze IV. Statutory and Executive Order Reviews
postpone the effectiveness of such rule
or action. AGENCY: Environmental Protection I. Background and Purpose
This action determining that the Agency (EPA). On December 5, 2017 (83 FR 57415),
Lebanon County Area attained the 2012 ACTION: Final rule. EPA published a Notice of Proposed
annual PM2.5 NAAQS may not be Rulemaking (NPRM) for the
SUMMARY: The Environmental Protection Commonwealth of Massachusetts. The
challenged later in proceedings to Agency (EPA) is approving a State
enforce its requirements. (See section NPRM proposed approval of revisions to
Implementation Plan (SIP) revision 310 Code of Massachusetts Regulations
307(b)(2).) submitted by the Commonwealth of (CMR) 7.30 Massachusetts Port
List of Subjects in 40 CFR Part 52 Massachusetts. This SIP revision Authority (Massport)/Logan Airport
increases the total number of Parking Freeze. The formal SIP revision
Environmental protection, Air commercial parking spaces allowed in
pollution control, Incorporation by was submitted by Massachusetts on July
the Logan Airport Parking Freeze area 13, 2017.
reference, Intergovernmental relations, by 5,000 parking spaces. The intended
Particulate matter, Reporting and The revised 310 CMR 7.30 increases
effect of this action is to reduce carbon the total number of commercial spaces
recordkeeping requirements. monoxide (CO) and nitrogen oxide in the Logan Parking Freeze area by
Dated: February 15, 2018. (NOX) emissions by reducing the 5,000 spaces to a total of 26,088. In the
Cosmo Servidio, increased vehicle miles traveled (VMT) event that the remaining 702 park-and-
Regional Administrator, Region III. resulting from insufficient available fly spaces in the East Boston Parking
parking at Logan Airport. This action is Freeze cap were converted to
40 CFR part 52 is amended as follows: being taken under the Clean Air Act. commercial spaces at Logan Airport in
PART 52—APPROVAL AND DATES: This rule is effective on April 5, the future, the maximum total number
PROMULGATION OF 2018. of spaces permitted would be 26,790.
IMPLEMENTATION PLANS ADDRESSES: EPA has established a In addition, the revision requires
docket for this action under Docket Massport to complete the following
■ 1. The authority citation for part 52 Identification No. EPA–R01–OAR– studies within 24 months of June 30,
jstallworth on DSKBBY8HB2PROD with RULES
continues to read as follows: 2017–0590. All documents in the docket 2017: (1) Potential improvements to
Authority: 42 U.S.C. 7401 et seq. are listed on the https:// high occupancy vehicle access to Logan
www.regulations.gov website. Although Airport; (2) a cost and pricing
Subpart NN—Pennsylvania listed in the index, some information is assessment for different modes of
not publicly available, i.e., CBI or other transportation to and from Logan
■ 2. Section 52.2059 is amended by information whose disclosure is Airport in order to generate revenue for
adding paragraph (w) to read as follows: restricted by statute. Certain other the promotion of high-occupancy
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Document Created: 2018-11-01 08:49:14
Document Modified: 2018-11-01 08:49:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 5, 2018. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 83 FR 9435 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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