EPA’s Response to Comments Received Sample Clauses

EPA’s Response to Comments Received. Comment: The proposed attainment determination for the Allegheny County PM2.5 nonattainment area is a step in the EPA’s process of evaluating whether to approve a subsequent state request for redesignation of the nonattainment area to attainment, per 42 U.S.C. 7407(d)(3)(E). If EPA finalizes this proposed determination of attainment by the attainment date, the commenters’ recommend that EPA not take action on the Commonwealth’s November 29, 2022 request under CAA section reconsideration of the PM2.5 NAAQS set by the 2020 final decision on the primary (i.e., health-based) and secondary (i.e., welfare-based) PM NAAQS.3 EPA published its proposed reconsideration of the December 2020 PM2.5 NAAQS on January 27, 2023. The reconsideration proposed revising the primary annual PM2.5 standard by lowering the level from 12.0 mg/m3 to within the range of 9.0 to 10.0 mg/m3, while taking comment on alternative annual standard levels as low as 8.0 mg/ m3 and up to 11.0 mg/m3.4 The commenters state that recent ambient air quality monitoring data obtained since the December 31, 2021, attainment date would likely require EPA to designate the area as nonattainment under the proposed revised annual PM2.5 NAAQS, regardless of the final NAAQS level EPA establishes, because all of the proposed NAAQS values in the reconsideration are lower than the 2012 PM2.5 annual NAAQS of 12.0 mg/m3. The commenters contend that taking separate action on a redesignation request under the 2012 annual PM2.5 NAAQS would be a waste of EPA resources and could endanger public health and welfare in the interim period between any potential redesignation to attainment under the 2012 annual PM2.5 NAAQS and potential, future designation under a newly revised PM NAAQS. Response: EPA thanks the commenters for their considered comments. However, the comments do not provide a reason for EPA to not make a final determination of attainment by the attainment date, for the reasons explained below. First, EPA’s determination whether a nonattainment area has attained the NAAQS by the established attainment date is a nondiscretionary, statutory duty placed on EPA by CAA section 179(c)(1), which requires that ‘‘as expeditiously as practicable after the applicable attainment date for any nonattainment area, but not later than six months after such date, the Administrator shall determine, based on the area’s air quality as of the attainment date, whether the area attained the standard by that date.’’ CAA section 188(b)...
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