Proposed Rule2023-02682
Determination of Attainment by the Attainment Date for the 2012 Annual Fine Particulate Matter Standard; Pennsylvania; Allegheny County Nonattainment Area
Primary source
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Published
February 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Allegheny County, Pennsylvania nonattainment area (NAA) has attained the 2012 annual fine particulate matter (PM<INF>2.5</INF> or fine particulate matter) national ambient air quality standard (NAAQS) by the December 31, 2021 attainment date applicable to Moderate NAAs. This determination is based upon quality- assured, quality-controlled, and certified ambient air monitoring data for the 2019-2021 period available in EPA's Air Quality Monitoring (AMS) database. The determination is based upon the three-year average of annual mean PM<INF>2.5</INF> concentrations for each eligible monitoring site being less than or equal to the level of the annual NAAQS of 12 micrograms per cubic meter ([micro]g/m\3\). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8249-8253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02682]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0307; FRL10636-01-R3]
Determination of Attainment by the Attainment Date for the 2012
Annual Fine Particulate Matter Standard; Pennsylvania; Allegheny County
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Allegheny County, Pennsylvania nonattainment area
(NAA) has attained the 2012 annual fine particulate matter
(PM<INF>2.5</INF> or fine particulate matter) national ambient air
quality standard (NAAQS) by the December 31, 2021 attainment date
applicable to Moderate NAAs. This determination is based upon quality-
assured, quality-controlled, and certified ambient air monitoring data
for the 2019-2021 period available in EPA's Air Quality Monitoring
(AMS) database. The determination is based upon the three-year average
of annual mean PM<INF>2.5</INF> concentrations for each eligible
monitoring site being less than or equal to the level of the annual
NAAQS of 12 micrograms per cubic meter ([micro]g/m\3\). This action is
being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 10, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0307 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#4a2d25382e2524642723212f0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="4d2a223f29222363202426280d283d2c632a223b">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center--1600 JFK Blvd., Philadelphia, PA
19103. The telephone number is (215) 814-2176. Mr. Rehn can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#d4a6b1bcbafab6a6bdb5ba94b1a4b5fab3bba2"><span class="__cf_email__" data-cfemail="4331262b2d6d21312a222d032633226d242c35">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Background
A. The 2012 Annual PM<INF>2.5</INF> National Ambient Air Quality
Standard
B. Clean Air Act Requirements for PM<INF>2.5</INF> Nonattainment
Areas
C. Allegheny County Designation for the 2012 PM<INF>2.5</INF>
NAAQS
II. Evaluation of Attainment Determination
A. Applicable Statutory and Regulatory Provisions for
Determination of Attainment
B. Monitoring Network Review, Data Quality Assurance, and Data
Completeness
C. EPA Evaluation of Attainment
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. The 2012 Annual PM<INF>2.5</INF> National Ambient Air Quality
Standard
Under section 109 of the Clean Air Act, EPA has established NAAQS
for certain pervasive air pollutants (referred to as criteria
pollutants) and conducts periodic reviews of the NAAQS to determine
whether they should be revised or whether new NAAQS should be
established. EPA established these standards after considering
substantial evidence from numerous health studies demonstrating that
serious adverse health effects are associated with exposures to these
criteria pollutants.\1\
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\1\ For a given air pollutant, ``primary'' NAAQS are those
determined by EPA as requisite to protect the public health,
allowing an adequate margin of safety, and ``secondary'' standards
are those determined by EPA as requisite to protect the public
welfare from any known or anticipated adverse effects associated
with the presence of such air pollutant in the ambient air. See CAA
section 109(b).
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Particulate matter includes particles with diameters that are
generally 2.5 microns or smaller (PM<INF>2.5</INF>), and particles with
diameters that are generally 10
[[Page 8250]]
microns or smaller (PM<INF>10</INF>). PM<INF>2.5</INF> can be emitted
by sources directly into the atmosphere as a solid or liquid particle
(primary PM<INF>2.5</INF> or direct PM<INF>2.5</INF>) or can be formed
in the atmosphere (secondary PM<INF>2.5</INF>) as a result of various
chemical reactions among precursor pollutants such as nitrogen oxides
(NO<INF>X</INF>), sulfur dioxide (SO<INF>2</INF>), volatile organic
compounds (VOC), and ammonia (NH<INF>3</INF>).\2\
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\2\ 80 FR 15340, 15342 (March 23, 2015).
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On July 18, 1997, EPA first established annual and 24-hour NAAQS
for PM<INF>2.5</INF>.\3\ EPA set the annual primary and secondary
standards to 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a
3-year average of annual mean PM<INF>2.5</INF> concentrations. On
January 15th, 2013, in order to provide increased protection of public
health, EPA promulgated a more stringent annual PM<INF>2.5</INF> NAAQS,
revising the primary standard to 12.0 [mu]g/m\3\, based on a 3-year
average of annual mean PM<INF>2.5</INF> concentrations--while retaining
the secondary standard at 15.0 [mu]g/m\3\.\4\
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\3\ 62 FR 38652 (July 18, 1997). In October 2006, EPA lowered
the 24-hour NAAQS for PM<INF>2.5</INF> from 65 micrograms per cubic
meter ([mu]g/m\3\) to 35 [mu]g/m\3\. 71 FR 61144 (October 17, 2006).
\4\ 78 FR 3086 (January 15, 2013) and 40 CFR 50.18. Unless
otherwise noted, all references to the PM<INF>2.5</INF> NAAQS in
this document refer to the 2012 annual NAAQS of 12.0 [mu]g/m\3\,
codified at 40 CFR 50.18.
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B. Clean Air Act Requirements for PM<INF>2.5</INF> Nonattainment Areas
The CAA requires states to develop a SIP that provides generally
for the attainment, maintenance, and enforcement of the NAAQS. In
addition, the CAA requires states to make a plan submittal to address
nonattainment planning requirements of the CAA. This plan SIP submittal
(also referred to as an attainment plan) imposes additional controls
for purposes of attaining the PM<INF>2.5</INF> NAAQS to achieve
reductions of PM<INF>2.5</INF> and PM<INF>2.5</INF> precursor
emissions.
The general CAA part D nonattainment area planning requirements are
found in subpart 1 and the specific nonattainment area planning
requirements for particulate matter are found in subpart 4. The subpart
1 statutory requirements for attainment plans include the following:
section 172(c)(1) requirements for reasonably available control
measures (RACM)/reasonably available control technology (RACT) and
attainment demonstrations; the section 172(c)(2) requirement to
demonstrate reasonable further progress (RFP); the section 172(c)(3)
requirement for emissions inventories; the section 172(c)(5)
requirements for a nonattainment new source review (NNSR) permitting
program; and the section 172(c)(9) requirement for contingency
measures.
The more specific subpart 4 statutory requirements for Moderate
PM<INF>2.5</INF> nonattainment areas include the following: the CAA
section 189(a)(1)(A) NNSR permit program requirements; the section
189(a)(1)(B) requirements for attainment demonstrations; the section
189(a)(1)(C) requirements for RACM; the section 189(c) requirements for
RFP and quantitative milestones; and the section 189(e) requirement for
controls on sources of particulate matter precursors.
Under CAA subpart 4, section 188(c)(1) establishes that states with
Moderate PM<INF>2.5</INF> nonattainment areas must provide for
attainment in the area as expeditiously as practicable, but no later
than the end of the sixth calendar year after designation. For the 2012
PM<INF>2.5</INF> annual NAAQS, this date is December 31, 2021.\5\ In
addition, under subpart 4, direct PM<INF>2.5</INF> and all precursors
to the formation of PM<INF>2.5</INF> are subject to control unless EPA
approves a demonstration from the state establishing that a given
precursor does not contribute significantly to PM<INF>2.5</INF> levels
that exceed the PM<INF>2.5</INF> NAAQS in the area.\6\
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\5\ 40 CFR 51.1004(a)(1).
\6\ 40 CFR 51.1006 and 40 CFR 51.1009.
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To implement the PM<INF>2.5</INF> NAAQS, EPA has promulgated the
``Fine Particle Matter National Ambient Air Quality Standard: State
Implementation Plan Requirements; Final Rule'' (also referred to as the
PM<INF>2.5</INF> Implementation Rule).\7\ The PM<INF>2.5</INF>
Implementation Rule provides additional regulatory requirements and
guidance applicable to attainment plan submittals for the
PM<INF>2.5</INF> NAAQS, including the 2012 annual PM<INF>2.5</INF>
NAAQS at issue in this action.
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\7\ 81 FR 58010 (August 24, 2016).
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C. Allegheny County Designation for the 2012 PM<INF>2.5</INF> NAAQS
Following promulgation of a new or revised NAAQS, EPA is required
under CAA section 107(d) to designate regions throughout the nation as
attaining or not attaining these NAAQS. Those regions found not to be
attaining the NAAQS are also given a classification that describes the
degree of nonattainment. Under subpart 4 of part D of title I of the
CAA, EPA designates areas found to be violating the PM<INF>2.5</INF>
NAAQS, and areas that contribute to such violations, as nonattainment
and classifies them initially as Moderate nonattainment areas.
Effective April 15, 2015, EPA designated Allegheny County,
Pennsylvania, as a Moderate nonattainment area (Allegheny County
Nonattainment Area) for the 2012 PM<INF>2.5</INF> annual NAAQS based on
ambient monitoring data that showed the area was above the 12.0 [mu]g/
m\3\ primary standard for the 3-year 2011-2013 monitoring period, based
on the area's design value.\8\ A design value (DV) is the 3-year
average NAAQS metric that is compared to the NAAQS level to determine
when a monitoring site meets or does not meet the NAAQS. The specific
methodologies for calculating whether the annual PM<INF>2.5</INF> NAAQS
is met at each eligible monitoring site in an area are found in the
Code of Federal Regulations (CFR), at 40 CFR part 50, Appendix N,
section 4.1.
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\8\ 80 FR 2206 (January 15, 2015).
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II. Evaluation of Attainment Determination
A. Applicable Statutory and Regulatory Provisions for Determination of
Attainment
Sections 179(c)(1) and 188(b)(2) of the CAA require EPA to
determine whether a PM<INF>2.5</INF> nonattainment area attained by the
applicable attainment date, based on the area's air quality ``as of the
attainment date.'' Generally, this determination of whether an area's
air quality meets the PM<INF>2.5</INF> NAAQS is based upon the most
recent three years of complete, certified data gathered at eligible
monitoring sites in accordance with 40 CFR part 58.\9\ The requirements
of 40 CFR part 58 include quality assurance procedures for monitor
operation and data handling, siting parameters for instruments or
instrument probes, and minimum ambient air quality monitoring network
requirements. State, local, or tribal agencies operating air monitoring
sites, in accordance with 40 CFR part 58, must enter the ambient air
quality data and associated quality assurance data from these sites
into EPA's Air Quality System (AQS) database.\10\ These monitoring
agencies certify annually that these data are accurate to the best of
their knowledge, taking into consideration the quality assurance
findings.\11\ Accordingly, EPA relies primarily on AQS data when
determining the attainment status of an area. In determining whether
data are suitable for regulatory determinations, EPA uses a ``weight of
evidence'' approach, considering the requirements of 40 CFR part 58,
Appendix A ``in combination with other data quality
[[Page 8251]]
information, reports, and similar documentation that demonstrate
overall compliance with Part 58.'' \12\
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\9\ 40 CFR part 50, Appendix N, section 3.0.
\10\ 40 CFR 58.16. AQS is EPA's national repository of ambient
air quality data.
\11\ 40 CFR 58.15(a).
\12\ 40 CFR part 58, Appendix A, section 1.2.3.
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The 2012 primary annual PM<INF>2.5</INF> standard is met when the
3-year average of the annual arithmetic mean concentration, as
determined in accordance with 40 CFR part 50 Appendix N, is less than
or equal to 12.0 [mu]g/m\3\ at each eligible monitoring site.\13\ For
the annual PM<INF>2.5</INF> standard, eligible monitoring sites are
those monitoring stations that meet the criteria specified in 40 CFR
58.11 and 58.30, and thus are approved for comparison to the annual
PM<INF>2.5</INF> NAAQS.\14\ Three years of valid annual means are
required to produce a valid annual PM<INF>2.5</INF> NAAQS design
value.\15\ Data completeness requirements for a given year are met when
at least 75 percent of the scheduled sampling days for each quarter
have valid data.\16\
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\13\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section
4.1(a).
\14\ 40 CFR part 50, Appendix N, section 1.0(c).
\15\ 40 CFR part 50, Appendix N, section 4.1(b).
\16\ Id.
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B. Monitoring Network Review, Data Quality Assurance, and Data
Completeness
The Allegheny County Health Department (ACHD) is the governmental
agency with the primary authority and responsibility under the
Commonwealth's laws for collecting ambient air quality data for the
Allegheny County PM<INF>2.5</INF> nonattainment area. ACHD submits
annual monitoring network plans to EPA documenting the status of the
Allegheny County air monitoring network, as required under 40 CFR
58.10.\17\ EPA reviews these annual network plans for compliance with
specific requirements in 40 CFR part 58. With respect to the Allegheny
County nonattainment area, we have found that the annual network plans
submitted by ACHD meet these requirements under 40 CFR part 58,
including minimum monitoring requirements.\18\
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\17\ See 40 CFR 58.15(c).
\18\ The ACHD 2021-22 monitoring network plan and EPA reviews of
that plan are available in the docket.
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In accordance with 40 CFR 58.15, ACHD certifies annually that the
previous year's ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate, taking into consideration the quality assurance findings.\19\
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\19\ ACHD's annual data certifications for 2019, 2020, and 2021
can be found in the docket.
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By a letter to EPA dated April 12, 2022, ACHD certified its 2021
ambient air quality monitoring data. EPA issued final 2019-2021 design
values on May 25, 2022.\20\ There are nine PM<INF>2.5</INF> eligible
Federal Reference Method (FRM) or Federal Equivalent Method (FEM)
monitoring sites in the Allegheny County PM<INF>2.5</INF> nonattainment
area. Table 1 in this document shows the Allegheny County Area design
values for the 2012 annual PM<INF>2.5</INF> NAAQS for the years 2019-
2021 at these nine area monitoring sites.
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\20\ See EPA's Air Quality Design Values web page, at
<a href="http://www.epa.gov/air-trends/air-quality-design-values">www.epa.gov/air-trends/air-quality-design-values</a>.
Table 1--2019-2021 Annual PM2.5 Values for the Allegheny County PM2.5 Area
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Weighted mean ([micro]g/ Complete quarters Certified
m\3\) --------------------------- annual design
--------------------------- value 2019-
Monitor name Monitor ID 2021
2019 2020 2021 2019 2020 2021 ([micro]g/
m\3\)
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Avalon............................................................ 420030002 9.9 8.6 9.8 4 4 4 9.4
Lawrenceville..................................................... 420030008 9.0 7.7 9.8 4 4 4 8.8
South Fayette..................................................... 420030067 7.7 6.6 7.8 4 4 4 7.3
North Park........................................................ 420030093 6.8 5.7 ....... 4 3 ....... [*]
Harrison.......................................................... 420031008 8.6 7.3 8.2 4 4 4 8.1
North Braddock.................................................... 420031301 9.9 9.0 10.7 4 4 4 9.9
Clairton.......................................................... 420033007 7.9 7.3 9.2 4 4 4 8.1
Liberty........................................................... 420030064 12.2 9.8 11.8 4 4 4 11.2
Parkway East...................................................... 420031376 10.8 9.0 10.4 4 4 4 10.0
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* North Park has incomplete data sets for 2020 and 2021 (and was shut down in the third quarter of 2021).
As shown in Table 1 in this document, all ambient air monitors in
the Allegheny County area except for the North Park monitor site have
complete 2019-2021 reporting data capture rates of at least 75%. The
North Park monitor site [Monitor ID 420030093] had a fourth quarter
2020 capture rate of 13%. The North Park monitor site was approved for
shut down in the third quarter of 2021 in ACHD's ``Annual Monitoring
Plan for Calendar Year 2021.'' The data capture rates for the North
Park monitor for the 2019-2021 period are shown in Table 2 in this
document.
Table 2--Data Capture Rates (%) and Creditable Samples by Quarter (Q) for the North Park Monitor [420030093]
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2019 2020 2021 *
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Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
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Creditable Samples.......... 14 15 15 14 15 14 15 2 0 0 0 0
Capture Rate................ 93 100 94 93 100 93 94 13 0 0 0 0
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* North Park has incomplete data sets for 2020 and 2021 and was shut down in the third quarter of 2021.
As described in section II.A in this document, the 2012 annual
PM<INF>2.5</INF> NAAQS is met when the 3-year average of
PM<INF>2.5</INF> annual mean mass concentrations for each eligible
monitoring site is less than or equal to
[[Page 8252]]
12.0 [micro]g/m\3\. Three years of valid, annual means are required to
produce a valid annual PM<INF>2.5</INF> NAAQS design value. A year of
data meets data completeness requirements when quarterly data capture
rates for all four quarters are at least 75 percent from eligible
monitoring sites.\21\
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\21\ See 40 CFR part 50, Appendix N.
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Consistent with the requirements contained in 40 CFR part 58, EPA
has reviewed the PM<INF>2.5</INF> ambient air quality monitoring data
for the monitoring period from 2019 through 2021 for the Allegheny
County nonattainment area, as recorded in the AQS database, and has
determined that the monitoring data meets the quality assurance
requirements set forth in 40 CFR part 58. In this respect, the data has
been deemed usable by EPA for regulatory compliance purposes. As shown
in Table 1 in this document, each quarter from 2019 through 2021 is
complete, with all four quarters reporting data capture rates of at
least 75 percent (with the exception of the North Park monitor, as
noted above). The highest certified annual design value for 2019-2021
is 11.2 [micro]g/m3, with all nine ambient monitors below the 2012
annual PM<INF>2.5</INF> NAAQS of 12.0 [micro]g/m3.
In summary, based on the relevant monitoring network plans, data
completeness, and data certifications, we propose to find that the
PM<INF>2.5</INF> data collected from the ambient air monitoring network
for the Allegheny County PM<INF>2.5</INF> nonattainment area are
suitable for determining whether the area attained the 2012 annual
PM<INF>2.5</INF> NAAQS by the applicable December 2021 attainment date.
C. EPA Evaluation of Attainment
Under CAA section 188(c)(2), EPA is required to determine within
six months of the applicable attainment date whether a nonattainment
area attained the standard by that deadline. The 2012 annual
PM<INF>2.5</INF> NAAQS is met when the PM<INF>2.5</INF> NAAQS design
value at each eligible monitoring site is less than or equal to 12 mg/
m\3\. As discussed above, EPA's evaluation on whether the Allegheny
County PM<INF>2.5</INF> NAA has attained the 2012 annual
PM<INF>2.5</INF> NAAQS is based on our review of the monitoring data
and takes into account the adequacy of the PM<INF>2.5</INF> monitoring
network in the nonattainment area and the reliability of the data
collected by the network as discussed in the previous section of this
document.
Table 1 in this document provides the 2021 PM<INF>2.5</INF> design
value from the regulatory monitors within the Allegheny County
nonattainment area, expressed as a design value for each monitor
representing the average of the annual mean values from the 2019-2021
period. The weighted mean for each individual year is also listed. The
PM<INF>2.5</INF> data show that the highest 2019-2021 design value
occurred at the Liberty monitor site and was 11.2 [mu]g/m\3\. No design
value for any monitor in the area exceeded the 2012 annual
PM<INF>2.5</INF> NAAQS of 12.0 [mu]g/m\3\ for the 3-year period prior
to the attainment deadline. Based on our review of the PM<INF>2.5</INF>
ambient air monitoring data from the Allegheny County monitoring
network, the monitoring sites for the nonattainment area are consistent
with the relevant requirements in 40 CFR part 50, as recorded in EPA's
AQS database for the area. Therefore, the Allegheny County
nonattainment area attained the 2012 annual PM<INF>2.5</INF> NAAQS (in
accordance with the requirements in 40 CFR 50.18 and Appendix N) by the
December 31, 2021 attainment date applicable to Moderate NAAs.
Consequently, EPA proposes to determine, based upon three years of
complete, certified data from 2019 through 2021 (that has been both
quality-assured and quality-controlled) that the Allegheny County
nonattainment area attained the 2012 annual PM<INF>2.5</INF> NAAQS by
the applicable attainment date of December 31, 2021. For purposes of
determining attainment by the December 31, 2021 Moderate attainment
date, EPA determines that ACHD has met minimum monitoring site
requirements under 40 CFR part 58 and that the design values for the
2012 annual PM<INF>2.5</INF> NAAQS for the years 2019-2021 at the
monitors in the nonattainment area are below the standard of 12 mg/
m\3\. On the basis of our review, we are proposing to determine that
the Allegheny County nonattainment area attained the 2012 annual NAAQS
by the Moderate area attainment date.
III. Proposed Action
Pursuant to CAA section 188(c)(2), EPA is proposing to determine,
based on the most recent three years (2019-2021) of valid air
monitoring data, that the Allegheny County nonattainment area has
attained the 2012 annual PM<INF>2.5</INF> NAAQS by the applicable
attainment date of December 31, 2021.
This proposed determination of attainment by the attainment date
does not constitute a redesignation to attainment of the NAAQS. Upon a
final determination of attainment by the Moderate attainment date,
Allegheny County will remain nonattainment for the 2012 annual
PM<INF>2.5</INF> NAAQS until such time that EPA determines the
Allegheny County nonattainment area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan,
pursuant to CAA sections 107 and 175A.
EPA is soliciting public comments on this proposed determination of
attainment. All received comments will be considered prior to EPA final
action.
IV. Statutory and Executive Order Reviews
This rulemaking action proposes a determination for attainment of
the 2012 PM<INF>2.5</INF> NAAQS based on monitored air quality and does
not impose additional requirements. For that reason, this proposed
determination of attainment:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
This proposed determination of attainment by the attainment date
for the Allegheny County area by the December 31, 2021 Moderate
attainment date for the 2012 annual PM<INF>2.5</INF> NAAQS does not
have tribal implications as
[[Page 8253]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it is not a SIP action approved to apply in Indian country
located in the State. This action 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, and
Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-02682 Filed 2-7-23; 8:45 am]
BILLING CODE 6560-50-P
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