Additional Air Quality Designations and Technical Amendment To Correct Inadvertent Error in Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is establishing air quality designations in the United States (U.S.) for the 2012 primary annual fine particle (PM_2.5) National Ambient Air Quality Standards (NAAQS) for five areas in Georgia and neighboring counties in Alabama and South Carolina. The EPA is also changing the initial designation of one area in Ohio, two areas in Pennsylvania, one area shared between Indiana and Kentucky, and one area shared between Kentucky and Ohio for the 2012 PM_2.5 NAAQS. These states have recently submitted complete, quality-assured, and certified air quality data for 2014, and based on that data the EPA is finalizing appropriate initial designations for these areas. Lastly, the EPA is making one minor technical amendment to correct an inadvertent error in the initial designation for a county in Pennsylvania with respect to the 2012 PM_2.5 NAAQS.

DATES:

This final rule is effective on April 15, 2015.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2012-0918. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 either electronically in www.regulations.gov or in hard copy at the EPA Docket Center, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for the Air Docket is (202) 566-1742.

In addition, the EPA has established a Web site for these rulemakings at: http:/http://epa.gov/pmdesignations/2012standards/index.htm . This Web site includes the EPA's final PM_2.5 designations, as well as state and tribal initial recommendation letters, the EPA's modification letters, technical support documents, responses to comments and other related technical information.

FOR FURTHER INFORMATION CONTACT:

For general questions concerning this action, please contact Andy Chang, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Planning Division, C539-04, Research Triangle Park, NC 27711, telephone (919) 541-2416, email at chang.andy@epa.gov.

SUPPLEMENTARY INFORMATION:

REGIONAL OFFICE CONTACTS:

Region 3—Leslie Jones, (215) 814-3409, jones.leslie@epa.gov,

Region 4—Joel Huey, (404) 562-9104, huey.joel@epa.gov, and

Region 5—Carolyn Persoon, (312) 353-8290, persoon.carolyn@epa.gov.

The public may inspect the rule and state-specific technical support information at the following locations:

Table of Contents

The following is an outline of the Preamble.

I. Background

II. Purpose and Designation Decisions Based on 2012-2014 Data

A. Deferred Areas Designated Unclassifiable/Attainment Based on 2012-2014 Data

B. Nonattainment Designations Changing to Unclassifiable/Attainment or Unclassifiable Based on 2012-2014 Data

C. Minor Technical Amendment To Correct Inadvertent Error

III. Environmental Justice Considerations

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use

I. National Technology Transfer and Advancement Act (NTTAA)

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

K. Congressional Review Act (CRA)

L. Judicial Review

I. Background

On December 14, 2012, the EPA promulgated a revised primary annual PM_2.5 NAAQS to provide increased protection of public health and welfare from fine particle pollution (78 FR 3086; January 15, 2013). In that action, the EPA revised the primary annual PM_2.5 standard, strengthening it from 15.0 micrograms per cubic meter (μg/m³) to 12.0 μg/m³, which is attained when the 3-year average of the annual arithmetic means does not exceed 12.0 μg/m³.

Section 107(d) of the Clean Air Act (CAA), 42 U.S.C. 7407(d), governs the process for initial area designations after the EPA establishes a new or revised NAAQS. Under section 107(d), each governor is required to, and each tribal leader may, if they so choose, recommend air quality designations, including the appropriate boundaries for “nonattainment” areas, to the EPA by a date which cannot be later than 1 year after the promulgation of a new or revised NAAQS. The EPA considers these recommendations as part of its duty to promulgate the formal area designations and boundaries for the new or revised NAAQS. If, after careful consideration of these recommendations, public input received and the EPA's own technical analyses, the EPA believes that it is necessary to modify a state's recommendation and to promulgate a designation different from a state's recommendation, then the EPA must notify the state at least 120 days prior to promulgating the final designation and the EPA must provide the state an opportunity to demonstrate why any proposed modification is inappropriate. These modifications may relate either to an area's designation category or to the boundaries of an area.

On December 18, 2014, the Administrator of the EPA signed a final action promulgating initial designations for the 2012 PM_2.5 NAAQS for the majority of the U.S., including areas of Indian country. That rulemaking, which published in the Federal Register on January 15, 2015 (80 FR 2206), designated 14 areas in six states, including two multi-state areas, as nonattainment for the 2012 PM_2.5 NAAQS. The EPA also designated three areas, including the entire state of Illinois, as “unclassifiable” because the ambient air quality monitoring sites in these areas lacked complete data for the relevant period from 2011-2013. In the absence of complete monitoring data, the EPA could not determine, based on available information, whether these areas meet or do not meet the NAAQS, and also could not determine whether these areas contribute to a nearby violation. Lastly, the EPA deferred initial area designations for 10 areas where available data, including air quality monitoring data, were insufficient to determine whether the areas meet or do not meet the NAAQS. For these areas, the EPA noted that it believed additional future air quality monitoring data would result in complete and valid data sufficient to inform a designation determination. Accordingly, the EPA deferred designations for these areas and stated that it would use the additional time available as provided under section 107(d)(1)(B) of the CAA to assess relevant information and subsequently promulgate initial designations for the identified areas through a separate rulemaking action or actions. The 10 deferred areas included: Eight areas in the state of Georgia, including two neighboring counties in the bordering states of Alabama and South Carolina; the entire state of Tennessee, excluding three counties in the Chattanooga area; and, the entire state of Florida. The EPA designated all the remaining state areas and areas of Indian country as unclassifiable/attainment. Consistent with the EPA's “Policy for Establishing Separate Air Quality Designations for Areas of Indian Country” (December 20, 2011), the EPA designated one area of Indian country separately from its adjacent/surrounding state areas. The lands of the Pechanga Band of Luiseño Mission Indians in Southern California were designated as a separate unclassifiable/attainment area.

The EPA's January 15, 2015, rulemaking also described a process by which the EPA would evaluate any complete, quality-assured, certified air quality monitoring data from 2014 that a state submitted for consideration before February 27, 2015 (80 FR 2209). The EPA stated that it would evaluate whether, with the inclusion of certified 2014 data, the 3-year design value for 2012-2014 suggests that a change in the initial designation would be appropriate for an area. If the EPA agreed that a change in the initial designation would be appropriate, the EPA would withdraw the designation announced in the January 15, 2015, action for such area before the effective date and issue another designation reflecting the inclusion of 2014 data (80 FR 2209).

II. Purpose and Designation Decisions Based on 2012-2014 Data

The purposes of this action are to: announce and promulgate initial area designations of unclassifiable/attainment for the 2012 PM_2.5 NAAQS for five areas in the state of Georgia, including two neighboring counties in the bordering states of Alabama and South Carolina that were initially deferred in the EPA's January 15, 2015, rulemaking; change the designation of one area in Ohio, two areas in Pennsylvania, one area shared between Indiana and Kentucky, and one area shared between Kentucky and Ohio; and make one minor technical amendment to correct an inadvertent error in the designation for Allegheny County, Pennsylvania. A discussion of each of these actions follows below.

A. Deferred Areas Designated Unclassifiable/Attainment Based on 2012-2014 Data

In this action, the EPA is designating five areas as unclassifiable/attainment in the state of Georgia, and two neighboring counties in the bordering states of Alabama and South Carolina, all of which were initially deferred in the EPA's January 15, 2015, rulemaking: Augusta (Richmond County and Columbia County in Georgia and Aiken County in South Carolina); Columbus (Muscogee County in Georgia and Russell County in Alabama); Savannah, Georgia (Chatham County and Effingham County); Valdosta, Georgia (Brooks County and Lowndes County); and Washington County, Georgia. The EPA's January 15, 2015, rulemaking stated that with respect to deferred areas, the EPA would use the additional time available as provided under section 107(d)(1)(B) of the CAA to assess relevant information and subsequently promulgate initial designations for the identified areas through separate rulemaking action or actions (80 FR 2207). This final action promulgating initial designations fulfills that commitment with respect to these five areas in the state of Georgia, and the two neighboring counties in the bordering states of Alabama and South Carolina. We emphasize that the EPA is not at this time promulgating initial designations for the remainder of the areas in the U.S. that were deferred in the EPA's January 15, 2015, action.

In the January 15, 2015, action, the EPA stated that for areas deferred due to lack of sufficient data, the agency would evaluate any complete, quality-assured, certified air quality monitoring data from 2014 that a state submitted for consideration before February 27, 2015 (80 FR 2210). The states of Georgia, Alabama and South Carolina each submitted to the EPA complete, quality-assured, and certified air quality monitoring data from 2014 for five deferred areas by the prescribed deadline. These data provide the EPA with sufficient information to promulgate initial designations for these five areas. Specifically, the EPA is designating these five areas as unclassifiable/attainment because the 2014 air quality data collected in these states and submitted to the EPA indicate that the areas are attaining the 2012 PM_2.5 NAAQS. These designations are consistent with the state of Georgia's recommended area designations and boundaries for the standard, for which the public had an opportunity to provide comment and input during the public comment period provided by the EPA for the initial area designations process.

B. Nonattainment Designations Changing to Unclassifiable/Attainment or Unclassifiable Based on 2012-2014 Data

Based on complete, quality-assured, and certified air quality monitoring data from 2014 submitted to the EPA by several states prior to the February 27, 2015, deadline prescribed in the January 15, 2015, rulemaking, the EPA is changing the initial designation status for five areas. As noted in the Background section of this preamble, the EPA established a process in the January 15, 2015, rulemaking for considering 2014 air quality data in the event that such data would change the initial designation for an area. In cases where we agree that a change in the initial designation would be appropriate, the EPA would withdraw the designation announced in the January 15, 2015, action for such area before the effective date of April 15, 2015, and issue another designation reflecting the inclusion of 2014 data.

Pursuant to this process, the EPA is changing the initial designation of the following five areas for the 2012 PM_2.5 NAAQS: Canton, Ohio; Allentown, Pennsylvania; Johnstown, Pennsylvania; Cincinnati-Hamilton, Ohio-Kentucky and Louisville, Kentucky-Indiana. The EPA is changing the initial designation of all areas except for Louisville from nonattainment to unclassifiable/attainment. The initial designation for the Louisville area is changing from nonattainment to unclassifiable.

Procedurally, these changes in initial designations are consistent with our early data certification and evaluation process, as described earlier and in the January 15, 2015, rulemaking. The states of Indiana, Kentucky, Ohio and Pennsylvania submitted complete, quality-assured, and certified air quality monitoring data from 2014 to the EPA by the prescribed deadline. With the inclusion of the 2014 data that was submitted for each monitor, the 3-year design values for 2012—2014 justify changing the initial designation for these areas with respect to the 2012 PM_2.5 NAAQS.

The tables at the end of this final rule (amendments to 40 CFR 81.301—Alabama, 40 CFR 81.311—Georgia, 40 CFR 81.315—Indiana, 40 CFR 81.318—Kentucky, 40 CFR 81.336—Ohio, 40 CFR 31.339—Pennsylvania and 40 CFR 81.341—South Carolina) list all areas for which the EPA is changing the initial designation in each impacted state. This action does not impact any areas of Indian country.

1. Additional information about the Cincinnati-Hamilton, OH-KY area. The EPA's final technical support document (TSD) for the Cincinnati-Hamilton, Ohio-Kentucky area provided support for the EPA's conclusion that all or portions of seven counties should be designated as nonattainment based on contribution to two violating monitors in Hamilton County, Ohio and one violating monitor in Butler County, Ohio. The final TSD notes that the violating monitor site in Butler County, Ohio [Air Quality Systems (AQS) ID 39-017-0020] began operation in the middle of 2011 as a special purpose monitor, as required by a permit for a nearby facility. Because the monitor had been in operation longer than the 2-year special purpose monitor timeframe (codified in 40 CFR part 58 subchapter C), the monitor automatically became comparable to the NAAQS. However, the EPA noted in the TSD that the 2015 annual ambient monitoring plan (AAMP) from the local agency that operates the site included a request to exempt that site from comparison to the 2012 PM_2.5 NAAQS given that the intent of the monitor is to measure concentrations specifically at the facility as part of the facility's operating permit requirements. At the time of the initial designation for the Cincinnati-Hamilton, Ohio-Kentucky area, the EPA had not yet evaluated or responded to the exemption request and noted that even in the absence of a violating monitor in Butler County, Ohio the area would still be designated as nonattainment due to its contribution to two other violating monitors in Hamilton County, based on data from 2011-2013.

Subsequent to promulgation of the initial designations, the EPA agreed with Ohio's request in the 2015 AAMP to exempt AQS site ID 36-017-0020 in Butler County, Ohio from comparison to the 2012 PM_2.5 NAAQS. To ensure continued protection of public health and welfare, the EPA has requested and the state of Ohio has agreed to operate a new monitoring site in the area that can be used in the future for comparison to the 2012 PM_2.5 NAAQS. In addition, the availability of complete, quality-assured, and certified 2014 air quality data from monitors in the surrounding area shows that the area meets the 2012 PM_2.5 NAAQS based on 2012-2014 data. Therefore, the EPA is changing the designation status of the Cincinnati-Hamilton, Ohio-Kentucky area from nonattainment to unclassifiable/attainment.

2. Additional information about the Louisville, KY-IN area. The EPA's initial nonattainment designation for the Louisville, Kentucky-Indiana area was based on ambient air quality data collected from 2011-2013 at a monitor in Clark County, Indiana showing a violation of the 2012 PM_2.5 NAAQS. In the final TSD for the Louisville area, the EPA noted that air quality data in neighboring Jefferson County, Kentucky were invalid due to issues with the collection and analysis of PM_2.5 filter-based samples. The EPA further explained that if Indiana elected to early certify 2014 ambient air quality data showing that the monitor in Clark County, Indiana meets the 2012 PM_2.5 NAAQS for the design value period 2012-2014, the EPA would designate the Louisville, Kentucky-Indiana area as unclassifiable. Indiana submitted complete, quality-assured, and certified 2014 data from an ambient air quality monitor in Clark County, Indiana by the prescribed deadline of February 27, 2015, showing that the monitor is attaining the NAAQS. Accordingly, in conjunction with Indiana's submission of certified 2014 air quality data, and for the reasons explained in the January 15, 2015, rulemaking and supporting TSD, the EPA is changing the initial designation of the Louisville, Kentucky-Indiana area from nonattainment to unclassifiable. Since the data in the Jefferson County, Kentucky portion of this area are invalid because of significant problems with the collection and analysis of PM_2.5 filter-based samples, an unclassifiable designation is appropriate because the EPA is not able to determine whether air quality in the entire Louisville, Kentucky-Indiana area is meeting the 2012 PM_2.5 NAAQS, or whether the area is contributing to a potential violation in the Jefferson County, Kentucky portion of the area.

C. Minor Technical Amendment To Correct Inadvertent Error

This rulemaking also promulgates a minor technical amendment to correct an inadvertent error in the designation listing for Allegheny County in the state of Pennsylvania. This technical amendment clarifies that the entirety of Allegheny County, Pennsylvania is designated nonattainment. In the rule published on January 15, 2015, Allegheny County is listed twice in the designation tables for the 2012 PM_2.5 NAAQS in 40 CFR part 81. In the first entry of the table at 40 CFR 81.339 table (80 FR 2264), Allegheny County is correctly listed as nonattainment. However, the second entry under “AQCR 197 Southwest Pennsylvania Intrastate,” lists the remainder of Allegheny County as unclassifiable/attainment (80 FR 2266). The EPA is amending the designation table for Pennsylvania to reflect that the entirety of Allegheny County, Pennsylvania, is nonattainment for the 2012 PM_2.5 NAAQS, and that there is no portion of Allegheny County designated unclassifiable/attainment for the NAAQS.

III. Environmental Justice Considerations

The CAA requires the EPA to determine through a designation process whether an area meets or does not meet any new or revised national primary or secondary ambient air quality standard. This action includes initial designation determinations for several areas of the U.S. for the 2012 annual PM_2.5 NAAQS, and includes revisions to prior designation decisions based on the availability of recent air quality data showing that areas meet the 2012 annual PM_2.5 NAAQS. These designations ensure that the public is properly informed about the air quality in an area, and that in locations where air quality does not meet the NAAQS the relevant state authorities are required to initiate appropriate air quality management actions under the CAA to ensure that all those residing, working, attending school or otherwise present in those areas, regardless of minority and economic status, are protected.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is exempt from review by the Office of Management and Budget because it responds to the CAA requirement to promulgate air quality designations after promulgation of a new or revised NAAQS.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under the PRA. This action fulfills the non-discretionary duty for the EPA to promulgate air quality designations after promulgation of a new or revised NAAQS and does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. This rule is not subject to the APA but is subject to CAA section 107(d)(2)(B), which does not require notice and comment rulemaking to take this action.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect small governments. The action implements mandates specifically and explicitly set forth in the CAA for the 2012 PM_2.5 NAAQS (40 CFR 50.18). The CAA establishes the process whereby states take primary responsibility for developing plans to meet the 2012 PM_2.5 NAAQS.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have a substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have tribal implications. Areas of Indian country are not being designated as part of this action.

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use

This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on any population, including any minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. The results of this evaluation of environmental justice considerations is contained in section III of this preamble titled, “Environmental Justice Considerations.”

K. Congressional Review Act (CRA)

This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the U.S. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

L. Judicial Review

Section 307 (b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: (i) When the agency action consists of “nationally applicable regulations promulgated, or final actions taken by the Administrator,” or (ii) when such action is locally or regionally applicable, if “such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.”

This final action designating areas across the U.S. for the 2012 annual PM_2.5 NAAQS is “nationally applicable” within the meaning of section 307(b)(1). At the core of this final action is the EPA's interpretations of the definitions of nonattainment, attainment and unclassifiable under section 107(d)(1) of the CAA, and its application of those interpretations to areas across the country. For the same reasons, the Administrator is also determining that the final designations are of nationwide scope and effect for the purposes of section 307(b)(1). This is particularly appropriate because, in the report on the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress noted that the Administrator's determination that an action is of “nationwide scope or effect” would be appropriate for any action that has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this final action extends to numerous judicial circuits since the designations apply to areas across the country. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the action to be of “nationwide scope or effect” and for venue to be in the D.C. Circuit.

Thus, any petitions for review of final designations must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register.

List of Subjects in 40 CFR Part 81

• Environmental protection
• Air pollution control
• National parks
• Wilderness areas

For the reasons set forth in the preamble, 40 CFR part 81 is amended as follows:

PART 81—DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

1. The authority citation for part 81 continues to read as follows:

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

Subpart C—Section 107 Attainment Status Designations

2. Section 81.301 is amended by revising the table entitled “Alabama—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

3. Section 81.311 is amended by revising the table entitled “Georgia—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

4. Section 81.315 is amended by revising the table entitled “Indiana—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

5. Section 81.318 is amended by revising the table entitled “Kentucky—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

6. Section 81.336 is amended by revising the table entitled “Ohio—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

7. Section 81.339 is amended by revising the table entitled “Pennsylvania—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows:

8. Section 81.341 is amended by revising the table entitled “South Carolina—2012 Annual PM _2.5 NAAQS (Primary)” to read as follows: