Several monitors did not meet the completeness requirement for one or more quarters during 2009-2011. EPA addressed the missing data of each of the monitors in order to determine if the monitors were attaining the 1997 annual PM2.5NAAQS, by applying one of these methods: Maximum quarter data substitution test, collocated data substitution test, and EPA's statistical method. Additional information about the monitoring network and air quality data used in this determination can be found in the Technical Support Document for this final rulemaking notice (FRN) which is available online atwww.regulations.gov,Docket number EPA-R03-OAR-2012-0370.
The quality-assured, quality-controlled, certified data for 2008-2010 and 2009-2011 show that the Pittsburgh Area has monitored attainment of the 1997 annual PM2.5NAAQS. Additionally, preliminary PM2.5data available for 2012 is consistent with continued attainment of the 1997 annual PM2.5NAAQS in the Pittsburgh Area. EPA's evaluation of the quality-assured, quality-controlled, certified monitoring data from 2007-2009 show that the Pittsburgh Area attained the 1997 annual PM2.5NAAQS by its applicable attainment date.
No public comments were submitted in response to the NPR. Additional information about the monitoring network and air quality data used in this determination is available in the Technical Support Documents for the NPR and the FRN. Relevant support documents for this action are available online atwww.regulations.gov,Docket number EPA-R03-OAR-2012-0370.
III. Final Action
EPA is making two final determinations. First, EPA determines that the Area has attained the 1997 annual PM2.5NAAQS, based upon quality-assured and certified ambient air monitoring data for the 2008-2010 and 2009-2011 periods. Pursuant to 40 CFR 51.1004(c), this determination of attainment will suspend the requirements for the Area to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and other planning SIP revisions related to the attainment of the standard, for so long as the Area continues to attain the 1997 annual PM2.5NAAQS. Second, EPA determines that the Area attained the 1997 annual PM2.5NAAQS by its applicable attainment date of April 5, 2010, based on quality-assured, quality-controlled and certified monitoring data for the 2007-2009 monitoring period. This determination of attainment fulfills EPA's obligation pursuant to section 179(c)(1) of the CAA.
Finalizing these determinations or either of them does not constitute a redesignation of the Pittsburgh Area to attainment for the 1997 annual PM2.5NAAQS under CAA section 107(d)(3). Neither determination of attainment involves approving a maintenance plan for the Pittsburgh Area, nor determines that the Area has met all the requirements for redesignation under the CAA, including that attainment be due to permanent and enforceable emission reductions.2
Therefore, the designation status of the Pittsburgh Area will remain nonattainment for the 1997 annual PM2.5NAAQS until such time as EPA takes final rulemaking action to determine that such portions meet the CAA requirements for redesignation to attainment.
2The monitoring data for the 2008-2010 and 2009-2011 monitoring periods that are relied on in this notice may be impacted by reductions associated with the Clean Air Interstate Rule (CAIR), which was remanded to EPA in 2008.North Carolinav.EPA,531 F.3d 896,as modified on reh'g,550 F.3d 1176 (DC Cir. 2008). Nonetheless, because these determinations address only whether the monitoring data show attainment, at this time EPA need not address whether such attainment was due to the remanded CAIR.
IV. Effective Date
EPA finds that there is good cause for this approval to become effective on the date of publication because this action suspends the requirements for the Pittsburgh Area to submit an attainment demonstration and associated RACM, RFP plans, contingency measures and other SIPs related to attainment of the 1997 annual PM2.5NAAQS required by CAA Section 172(c).See40 CFR 51.1004(c). The expedited effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rule actions may become effective less than 30 days after publication if the rule “grants or recognizes an exemption or relieves a restriction” and section 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days after publication “as otherwise provided by the agency for good cause found and published with the rule.” The relief from these SIP planning obligations in CAA Section 172(c) is sufficient reason to allow an expedited effective date of this rule under 5 U.S.C. 553(d)(1) and (3).
V. Statutory and Executive Order Reviews
A. General Requirements
This action, which makes determinations of attainment based on air quality, will result in the suspension of certain Federal requirements and/or will not impose any additional requirements beyond those imposed by state law. For that reason, this action:
• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501et 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. 601et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801et 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 areport 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 theFederal Register. A major rule cannot take effect until 60 days after it is published in theFederal 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 December 11, 2012. 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, in which EPA determines that the Pittsburgh Area has attained the 1997 annual PM2.5NAAQS and attained the 1997 annual PM2.5NAAQS by its attainment date, may not be challenged later in proceedings to enforce its requirements. (Seesection 307(b)(2).)
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
42 U.S.C. 7401et seq.
2. Section 52.2056 is amended by adding paragraph (h) to read as follows:
Determinations of Attainment.
(h) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Pittsburgh-Beaver Valley fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Pittsburgh-Beaver Valley PM2.5nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).
3. Section 52.2059 is amended by adding paragraph (g) to read as follows:
Control strategy: Particulate matter.
(g) Determination of Attainment.EPA has determined, as of October 12, 2012, that based on 2008 to 2010 and 2009 to 2011 ambient air quality data, the Pittsburgh-Beaver Valley fine particle (PM2.5) nonattainment area has attained the 1997 annual PM2.5national ambient air quality standards (NAAQS). This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for the Pittsburgh-Beaver Valley PM2.5nonattainment area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM2.5NAAQS.