	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2009-0506; FRL-         ]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Determination of Clean Data for the 1997
Fine Particulate Matter Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is determining that the Johnstown (Cambria and Indiana
Counties), Lancaster (Lancaster County), Reading (Berks County), and
York (York County), Pennsylvania nonattainment areas for the 1997 fine
particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS)
have clean data for the 1997 PM2.5 NAAQS. 

EFFECTIVE DATE:  This final rule is effective on [insert date of
publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-

R03-OAR-2009-0506.  All documents in the docket are listed in the  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov  

website.  Although listed in the electronic docket, some information is
not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT:  Rose Quinto, (215) 814-2182, or by
e-mail at   HYPERLINK "mailto:quinto.rose@epa.gov"  quinto.rose@epa.gov
.

  

SUPPLEMENTARY INFORMATION:  Throughout this document whenever “we,”
“us,” or “our” is used, we mean EPA.

Organization of this document.  The following outline is provided to aid
in locating information 

in this preamble.

I.    What Action is EPA Taking?

II.   What is the Effect of this Action?

III.  When is this Action Effective?

IV.  What is EPA’s Final Action?

V.   What are the Statutory and Executive Order Reviews?

I.  What Action is EPA Taking?

EPA is determining that the Johnstown, Lancaster, Reading, and York
nonattainment areas have clean data for the 1997 PM2.5 NAAQS.  This
determination is based upon quality assured, quality controlled and
certified ambient air monitoring data that show the area has monitored
attainment of the 1997 PM2.5 NAAQS based on the 2006 – 2008 data.  In
addition, quality controlled and quality assured monitoring data
submitted during the calendar year 2009, which are available in the EPA
Air Quality System (AQS) database, but not yet certified, show that
these areas continue to meet the 1997 PM2.5 NAAQS.

Other specific requirements of the determination and the rationale for
EPA's proposed action are explained in the notice of proposed rulemaking
(NPR) published on July 31, 2009 (74 FR 38158) and will not be restated
here.  No public comments were received in response to the NPR.  

II.  What is the Effect of this Action?

This final action, in accordance with 40 CFR 51.1004(c), suspends the
requirements for these areas to submit attainment demonstrations,
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning state
implementation plans (SIPs) related to attainment of the 1997 PM2.5
NAAQS for so long as these areas continue to meet the 1997 PM2.5 NAAQS.

III.  When is the Action Effective?

EPA finds that there is good cause for this approval to become effective
on the date of 

publication of this action in the Federal Register, because a delayed
effective date is unnecessary 

due to the nature of the approval.  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 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.”  As noted above, this determination of attainment suspends
the requirements for the Johnstown, Lancaster, Reading, and York,
Pennsylvania PM2.5 nonattainment areas to submit an attainment
demonstration, associated reasonably available measures, a reasonable
further progress plan, contingency measures, and any other planning SIPs
related to attainment of the standard for so long as these areas
continue to meet the 1997 PM2.5 NAAQS.  The suspension of these
requirements is sufficient reason to allow an expedited effective date
of this rule under 5 U.S.C. 553(d)(1).  In addition, these nonattainment
areas’ suspension from these requirements provide good cause to make
this rule effective on the date of publication of this action in the
Federal Register, pursuant to 5 U.S.C. 553(d)(3).  The purpose of the
30-day waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect.  Where, as here, the final rule suspends
requirements rather than imposing obligations, affected parties, such as
the Commonwealth of Pennsylvania, do not need time to adjust and prepare
before the rule takes effect.

IV.  What is EPA’s Final Action?

EPA is determining that the Johnstown, Lancaster, Reading, and York,
Pennsylvania nonattainment areas have clean data for the 1997 PM2.5
NAAQS.  This determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that these
areas have monitored attainment of the 1997 PM2.5 NAAQS based on the
2006 – 2008 data. This final action, in accordance with 40 CFR
51.1004(c), will suspend the requirements for these areas to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for so
long as each of these areas continue to meet the 1997 PM2.5 NAAQS.

V.   What  are Statutory and Executive Order Reviews?

A.   General Requirements 

Under the CAA, the Administrator is required to approve a SIP submission
that complies with the provisions of the CAA and applicable Federal
regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in reviewing
SIP submissions, EPA’s role is to approve state choices, provided that
they meet the criteria of the CAA.  Accordingly, this action merely
approves state law as meeting Federal requirements and does not impose
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. 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 (Public Law 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. 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 [Insert date 60 days from date of publication of
this document in the Federal Register].  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, pertaining to the determination of clean data for the 1997
fine particulate matter standard for the Johnstown, Lancaster, Reading,
and York, Pennsylvania PM2.5 nonattainment areas, 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, Particulate matter.

                                                                        
                                       

__September 15, 2009____                                       
_____________/s/______________    

Dated:                            				William C. Early, 

                                                                        
           Acting Regional Administrator,

                                  					Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

1.  The authority citation for part 52 continues to read as follows: 

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

Subpart NN – Pennsylvania 

2.  Section 52.2059 is amended by adding paragraph (d) to read as
follows:

§ 52.2059			Control strategy:  Particulate matter 

*	*	*	*	*	

Determination of Clean Data.  EPA has determined, as of [insert date of
publication], the Johnstown (Cambria and Indiana Counties), Lancaster
(Lancaster County), Reading (Berks County) and York (York County),
Pennsylvania nonattainment areas have clean data for the 1997 PM2.5
NAAQS.  This determination, in accordance with 40 CFR 52.1004(c),
suspends the requirements for these areas to submit an attainment
demonstration, associated reasonably available measures, a reasonable
further progress plan, contingency measures, and other planning SIPs
related to attainment of the standard for as long as these areas
continue to meet the 1997 PM2.5 NAAQS.

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