[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48690-48695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23087]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0664; FRL-8962-2]
Approval and Promulgation of Air Quality Implementation Plans;
The Chicago and Evansville Nonattainment Areas; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Chicago (Illinois and
Indiana) and Evansville (Indiana) areas have attained the 1997 fine
particle (PM2.5) National Ambient Air Quality Standard
(NAAQS). The proposed determinations are based upon quality-assured,
quality-controlled, and certified ambient air monitoring data that show
that the areas have monitored attainment of the 1997 PM2.5
NAAQS for the 2006 to 2008 monitoring period. Preliminary data for 2009
suggest that the areas continue to monitor attainment. If these
proposed determinations are made final, the requirements for these
areas to submit an attainment demonstration and associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning State Implementation Plans
(SIPs) revisions related to attainment of the standard shall be
suspended for so long as the areas continue to attain the 1997
PM2.5 NAAQS.
DATES: Comments must be received on or before October 26, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0664 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312) 692-2551.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0664. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and
[[Page 48691]]
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional instructions on submitting comments, go to I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Melissa M. Barnhart by phone
at (312) 353-8641 or by e-mail at [email protected] before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Melissa M. Barnhart, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8641, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
This supplementary information section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking?
III. What Is the Background for This Action?
IV. Does EPA Believe that the Chicago and Evansville Areas Meet the
Annual and 24-Hour PM2.5 Standards?
A. Criteria
B. Chicago Area
C. Evansville Area
V. What is the Effect of These Actions?
VI. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. What Action Is EPA Taking?
EPA is proposing to determine that the Chicago area (including
portions in Illinois and Indiana) and the Evansville, Indiana area have
attained the 1997 PM2.5 NAAQS. The proposed determinations
are based upon quality-assured, quality-controlled, and certified
ambient air monitoring data that show that the areas have monitored
attainment of the 1997 PM2.5 NAAQS for the 2006-2008
monitoring period. Preliminary data available to date for 2009 suggest
that the areas continue to monitor attainment.
III. What Is the Background for This Action?
On July 18, 1997 (62 FR 36852), EPA established a health-based
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a three-year average of annual mean PM2.5
concentrations, and a 24-hour standard of 65 [mu]g/m3 based on a three-
year average of the 98th percentile of 24-hour concentrations. EPA
established the standards based on significant evidence and numerous
health studies demonstrating that serious health effects are associated
with exposures to particulate matter. The process for designating areas
following promulgation of a new or revised NAAQS is contained in
107(d)(1) of the Clean Air Act (CAA). EPA and State air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS in 1999, and developed all air quality monitors by January 2001.
On January 5, 2005 (70 FR 944), EPA published its air quality
designations and classifications for the 1997 PM2.5 NAAQS
based upon air quality monitoring data from those monitors for calendar
years 2001-2003. These designations became effective on April 5, 2005.
The Chicago area (known formally as the Chicago-Gary-Lake County, IL-IN
area) and the Evansville area were designated nonattainment for the
1997 PM2.5 NAAQS.
IV. Does EPA Believe That the Chicago and Evansville Areas Meet the
Annual and 24-Hour PM2.5 Standards?
A. Criteria
This rulemaking is assessing whether the Chicago and Evansville
PM2.5 nonattainment areas are attaining the PM2.5
NAAQS that were promulgated in 1997. The Chicago non-attainment area
includes portions in Illinois and portions in Indiana. The Illinois
portion of this area is defined at 40 CFR 81.314, and the Indiana
portion of this area as well as the Evansville area are defined at 40
CFR 81.315.
Under EPA regulations at 40 CFR Part 50, 50.7:
(1) The annual primary and secondary PM2.5 standards are
met when the annual arithmetic mean concentration, as determined in
accordance with 40 CFR Part 50, Appendix N, is less than or equal to
15.0 [mu]g/m\3\ at all relevant monitoring sites in the subject area.
(2) The 24-hour primary and secondary PM2.5 standards,
as promulgated in 1997, are met when the 98th percentile 24-hour
concentration, as determined in accordance with 40 CFR Part 50,
Appendix N, is less than or equal to 65 [mu]g/m\3\ at all relevant
monitoring sites in the subject area.
In 2006, EPA revised the 24-hour PM2.5 standards to a
level of 35 [mu]g/m\3\. However, today's rulemaking only assesses
whether the applicable areas are attaining the 1997 standards.
B. Chicago Area
EPA has reviewed the ambient air monitoring data for the Chicago
area in accordance with the provisions of 40 CFR Part 50 Appendix N.
All data considered have been recorded in EPA's Air Quality System
(AQS) database. This review primarily addresses air quality data
collected in the three-year period from 2006 to 2008.
The following table provides both the annual average concentration
and the 98th percentile 24-hour average
[[Page 48692]]
concentration averaged over 2006 to 2008 at all sites in the Chicago
area, including sites in both Illinois and Indiana. The highest three-
year average annual concentration for 2006 to 2008 on this table is
recorded at the Schiller Park site, site number 17-031-3103, recording
a three-year average annual concentration of 14.6 [mu]g/m\3\. The
highest 98th percentile 24-hour average concentration is recorded at
the McCook site, site number 17-031-1016, recording a three-year
average 98th percentile 24-hour average concentration of 35 [mu]g/m\3\.
All sites in the area have three-year average annual PM2.5
concentrations below 15.0 [mu]g/m\3\ and three-year average 98th
percentile 24-hour average concentrations far below the 1997 standard
of 65 [mu]g/m\3\.
Table 1--Annual and 24-Hour Average Concentrations in the Chicago Area (in [mu]g/m\3\)
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24-Hour
Site location Site No. Annual average average
concentration concentration
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East 114th..................................................... 170310022 13.8 31
103rd & Luella................................................. 170310050 13.1 29
Mayfair Pumping Stn............................................ 170310052 14.1 33
Com Ed......................................................... 170310057 13.6 31
Lawndale....................................................... 170310076 13.2 32
McCook......................................................... 170311016 ** 35
Blue Island.................................................... 170312001 13.3 31
Schiller Park.................................................. 170313103 14.6 33
Summit......................................................... 170313301 13.5 31
Des Plaines.................................................... 170314007 11.8 29
Northbrook..................................................... 170314201 11.7 30
Cicero......................................................... 170316005 *(14.1) 33
Naperville..................................................... 170434002 12.6 32
Elgin.......................................................... 170890003 11.9 33
Aurora......................................................... 170890007 12.5 29
Zion........................................................... 170971007 10.6 27
Cary........................................................... 171110001 11.2 28
Joliet......................................................... 171971002 12.8 32
Wilmington..................................................... 171971011 10.7 26
E. Chicago..................................................... 180890006 13.2 31
Gary-IITRI..................................................... 180890022 ** 31
Gary-Burr St................................................... 180890026 ** 33
Griffith....................................................... 180890027 12.4 29
Gary Water..................................................... 180890031 13.3 31
Gary-Ivanhoe................................................... 180891003 13.3 30
Hammond-Purdue................................................. 180892004 12.7 30
Hammond-Davis St............................................... 180892010 12.9 30
Dune Acres..................................................... 181270020 12.0 29
Ogden Dunes.................................................... 181270024 12.2 29
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* Data do not meet completeness requirements.
** Data are not to be compared to the annual NAAQS.
Under 40 CFR 58.30(a)(1), for sites with data that are
representative of relatively unique, generally localized
concentrations, the data are compared only to the 24-hour NAAQS, not to
the annual NAAQS. Illinois has one site and Indiana has two sites
representing localized concentrations near industrial facilities, and
EPA agrees with the States that data at these sites are not to be
compared to the annual standard.\1\ Illinois has also requested that
the Schiller Park site (site number 17-031-3103) be designated as
collecting data that is not to be compared to the annual standard. EPA
is not judging whether this designation is appropriate. The applicable
regulation, at 40 CFR 58.30(a)(2), recognizes that some microscale
sites collect data that is representative of multiple locations with
localized high concentrations, and provides in these cases that the
data are to be compared to the annual standard. The Schiller Park site
is near a major highway, and the site may be representative of multiple
locations in the Chicago area that have similar proximity to major
highways. For this reason, the table above includes annual average
concentrations at this site. In any case, the site shows an annual
average concentration that meets the annual standard, so that the
designation of this site does not influence EPA's finding that the area
is attaining the annual standard.
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\1\ In any case, the annual average concentrations at these
sites averaged for 2006 to 2008 are below 15.0 [mu]g/m\3\: the
average at Illinois' McCook site (site number 17-031-1016) is 14.7
[mu]g/m\3\, the average at Indiana's Burr Street site (site number
18-089-0026) is 14.9 [mu]g/m\3\, and the average at Indiana's IITRI
site (site number 18-089-0022) is 13.7 [mu]g/m\3\.
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Further consideration of concentrations at Cicero, site 17-031-
6005, is necessary because data at this site do not meet completeness
requirements, and because the site monitored a violation for the most
recent three years with complete data, i.e. 2005 to 2007. Under 40 CFR
50 Appendix N 4.1 (addressing the annual standard), a year meets
completeness requirements when ``at least 75 percent of the scheduled
sampling days for each quarter has valid data.'' This site collected
only 50 percent of its scheduled observations during the first quarter
of 2008 and 70 percent of its scheduled observations during the fourth
quarter of 2008.
Under 40 CFR 50 Appendix N 4.1(c) (again with respect to annual
averages), EPA may approve the use of less than complete data for
purposes of comparison to the NAAQS, and ``may consider factors such as
* * * nearby concentrations in determining whether to use such data.''
The following table summarizes annual average PM2.5
concentrations for all monitors operating in the Chicago nonattainment
area that have observed a violation of the annual standard for at least
one
[[Page 48693]]
three-year period since 2002. These monitors are the most similar to
the Cicero monitor and provide the most relevant information for
assessing air quality at Cicero.
Table 2--Annual Average Design Values for All Sites in the Chicago Area With Violating Monitors Since 2002 (in [mu]g/m\3\)
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Annual average design value
Site location Site No. ----------------------------------------------------------------------------------------
2002-2004 2003-2005 2004-2006 2005-2007 2006 2007 2008 2006-2008
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East 114th..................................... 170310022 15.0 15.6 14.8 15.3 13.23 15.73 12.54 13.8
103rd & Luella................................. 170310050 14.9 15.2 14.5 14.7 13.33 14.14 11.80 13.1
Mayfair Pumping Stn............................ 170310052 15.9 16.0 15.6 15.7 14.50 15.49 12.18 14.1
Com Ed......................................... 170310057 14.9 15.3 14.6 15.1 13.51 15.18 12.03 13.6
Lawndale....................................... 170310076 14.9 15.2 14.7 14.8 13.48 14.30 11.89 13.2
Blue Island.................................... 170312001 14.7 15.1 14.6 14.6 13.18 14.32 12.50 13.3
Schiller Park.................................. 170313103 16.0 16.8 16.1 15.9 14.84 15.35 13.59 14.6
Summit......................................... 170313301 15.3 15.6 15.0 15.2 13.78 14.77 12.03 13.5
Cicero......................................... 170316005 16.0 16.1 15.3 15.1 14.34 14.79 13.25 * (14.1)
Gary Water..................................... 180890031 ......... 16.8 15.1 14.9 13.29 14.55 12.17 13.3
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* Data do not meet completeness requirements
EPA used multiple approaches to assess the likelihood that the
Cicero site, had it collected complete data, would have shown
attainment for the 2006 to 2008 period. One approach was to examine the
relationship between concentrations at the Cicero site and
concentrations nearby and elsewhere in the area. The Cicero site
generally records values slightly below the values at the Schiller Park
site; average concentrations from 2002 to 2008 are 0.4 [mu]g/m\3\ lower
at the Cicero site than at the Schiller Park site. More generally, the
concentrations at the various sites in the Chicago area are well
correlated. EPA also examined quarterly average concentrations at the
various sites; these data reinforce the point that the Cicero site is
very likely to observe low concentrations when other sites in the area
are observing low concentrations. This degree of correlation suggests
that the degree of air quality improvement at the various other sites
in the area is a good indication of the degree of air quality
improvement likely to have occurred at the Cicero site. The other sites
all show 2008 annual average around 2-3 [mu]g/m\3\ lower than the 2007
annual average values, which is approximately the difference between
the 2007 average and the average of available 2008 data found at the
Cicero site.
In summary, since the available 2008 data at the Cicero site show
concentrations that are in the expected range relative to
concentrations observed at other similar sites in the area, EPA has
confidence that the incomplete data in 2008 at the Cicero site are
representative of the concentrations that would likely have been found
in a complete data set, and that the complete data set would have shown
attainment.
A second approach was to use the 2008 annual average from the
Schiller Park site (a traditionally higher concentration site) in lieu
of using data from the Cicero site for that year. This yielded a three-
year design value of 14.13 [mu]g/m\3\, indicating attainment. Thus, as
provided for in 40 CFR 50 Appendix N 4.1(c), EPA again finds that data
from other sites support the finding that the available data at the
Cicero site give valid evidence that the site is attaining the
standard.
A third approach was a conservative data substitution analysis. For
each sampling day in 2008 for which the Cicero site failed to collect
data, EPA substituted the highest concentration observed on that day at
any site in the Chicago area. This analysis yielded an upper bound 2008
average concentration at Cicero of 14.11 [mu]g/m\3\, somewhat higher
than the 13.25 [mu]g/m\3\ found with incomplete data. Using this upper
bound estimate for 2008, the upper bound estimate for the 2006 to 2008
average concentration at the Cicero site is 14.4 [mu]g/m\3\. For these
reasons, EPA is confident that if the Cicero site had collected
complete data in 2008, it would have resulted in a design value that
would have been below 15 [mu]g/m\3\. Thus, EPA believes air quality at
this site, as well as at other sites in the area, is meeting the annual
air quality standard.
In accordance with Appendix N and standard EPA practice, this
review is based on the three most recent years of data, i.e., data from
2006 to 2008. Appendix N does not provide for examining partial years
of data, because various seasons of the year reflect various influences
on PM2.5 concentrations, and a partial year's data may not
be representative of values that would be determined from a full year's
data set. Nevertheless, EPA examined data from the first half of 2009.
For each site, the average of available 2009 data is at or below the
average for corresponding periods in 2006 to 2008, and the 98th
percentile of available 24-hour average concentrations is again more
than 30 [mu]g/m\3\ below the pertinent standard. Therefore, the
available data for 2009 are consistent with the finding, based on 2006
to 2008 data, that the Chicago area is attaining the 1997
PM2.5 standards.
On the basis of this review, EPA has concluded that this area
attained the 1997 PM2.5 NAAQS based on 2006-2008 data. In
addition, monitoring data for 2009 that are available to date in the
EPA AQS database, but not yet certified, indicate that this area
continues to attain the 1997 PM2.5 NAAQS. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
B. Evansville Area
EPA has reviewed the ambient air monitoring data for the Evansville
area in accordance with the provisions of 40 CFR Part 50 Appendix N.
All data considered have been recorded in EPA's AQS database. This
review primarily addresses air quality data collected in the three-year
period from 2006 to 2008.
The highest annual average PM2.5 concentration in the
Evansville nonattainment area for the 2006-2008 monitoring period is
13.7 [mu]g/m\3\, which occurs both at the Jasper Golf site (site 18-
037-0005, in Dubois County) and at
[[Page 48694]]
the Evansville/West Mill Road site (site 18-163-0012, in Vanderburgh
County). The Evansville area also has four additional monitors with
data for 2006 to 2008, at which the 2006-2008 three-year average annual
concentrations range from 13.4 to 13.6 [mu]g/m\3\. The average 98th
percentile 24-hour concentrations range from 28 to 32 [mu]g/m\3\. Thus,
the Evansville area is observing concentrations well below the 1997
standards of 15.0 [mu]g/m\3\ and 65 [mu]g/m\3\, respectively. The
following table provides annual average and 98th percentile 24-hour
average concentrations at all sites in the Evansville area.
Table 3--Annual and 24-Hour Average Design Values for All Sites in the Evansville Area (in [mu]g/m\3\)
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24-Hour
Site location Site No. Annual average average design
design value value
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Jasper Sport.................................................... 180370004 13.4 32
Jasper Golf..................................................... 180370005 13.7 31
Jasper.......................................................... 180372001 13.6 30
Evansville--Civic Center........................................ 181630006 13.4 30
Evansville--W. Mill............................................. 181630012 13.7 28
U. of Evansville................................................ 181630016 13.6 29
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Some sites in the Evansville area did not meet the completeness
criterion of measuring at least 75 percent of the scheduled samples.
Under 40 CFR 50 Appendix N 4.1(c), (addressing annual averages), EPA
may approve the use of less than complete data for purposes of
comparison to the NAAQS, and ``may consider factors such as * * *
nearby concentrations in determining whether to use such data.'' For
these sites, EPA conducted a data substitution analysis, assessing
whether the site would still have observed attainment under the
hypothesis that the monitor on the days of missed samples might have
recorded the highest concentration that the monitor observed during the
applicable quarter during the 2006 to 2008 period. Both the Jasper Golf
site and the Evansville/West Mill Road site had a quarter in 2006 to
2008 that measured less than 75 percent complete data, but in both
cases the substitution analysis indicates that the monitors would have
shown attainment even with conservative assumptions about the missing
data.
A third site, known as the Jasper Sport Complex site (site 18-037-
004, in DuBois County), had missing data to an extent such that the
conservative data substitution approach could not be used to confirm
that the site is attaining the annual standard. This site began
operation in early 2006 (January 29, 2006), and so earlier (e.g. 2005
to 2007) three-year averages are not available. Thus, one option is for
EPA to find that air quality at this site is indeterminate and to
discard this site from its evaluation. The other option is for EPA to
examine the data at this site in relation to data at other similar
sites in the area, to judge the likelihood that the monitor would have
shown attainment had it collected complete data. The available data at
this site have always indicated annual average concentrations below
15.0 [mu]g/m\3\. The available data at this site are similar to the
data are other nearby sites in the area. Therefore, EPA believes this
site, like the other sites in the Evansville area, is attaining the
standard. In addition, all sites with data from 2005 to 2007 are
showing attainment for that period as well. Therefore, EPA is confident
that all sites in the Evansville area, including sites that did not
meet completeness requirements, are now meeting the 1997 NAAQS.
In accordance with Appendix N and standard EPA practice, this
review of data is based on the three most recent years of complete
data, generally 2006 to 2008. Appendix N does not provide for examining
partial years of data, because various seasons of the year reflect
various influences on PM2.5 concentrations, and a partial
year's data may not be representative of values that would be
determined from a full year's data set. Nevertheless, EPA examined data
from the first half of 2009. For each site, the average of available
2009 data is at or below the average for corresponding periods in 2006
to 2008, and the 98th percentile of available 24-hour average
concentrations is again more than 30 [mu]g/m\3\ below the pertinent
standard. Therefore, the available data for 2009 are consistent with
the finding, based on 2006 to 2008 data, that the Evansville area is
attaining the 1997 PM2.5 standards.
On the basis of this review, EPA has concluded that this area has
met and continues to meet the 1997 PM2.5 NAAQS. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
V. What Is the Effect of These Actions?
If these determinations are made final, under the provisions of
EPA's PM2.5 implementation rule (see 40 CFR 51.1004(c)), the
requirements for the Chicago and Evansville PM2.5
nonattainment areas to submit an attainment demonstration and
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and any other planning SIPs
related to attainment of the 1997 PM2.5 NAAQS would be
suspended for so long as the area continues to attain the 1997
PM2.5 NAAQS.
As further discussed below, the proposed determinations would: (1)
For the Chicago and Evansville nonattainment areas, suspend the
requirements to submit an attainment demonstration and associated
reasonably available control measures (RACM) (including reasonably
available control technologies (RACT)), a reasonable further progress
plan (RFP), contingency measures, and any other planning SIPs related
to attainment of the 1997 PM2.5 NAAQS; (2) continue until
such time, if any, that EPA subsequently determines that the area has
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not
influence or otherwise affect, any future designation determination or
requirements for the Chicago and Evansville areas based on the 2006
PM2.5 NAAQS; and (4) remain in effect regardless of whether
EPA designates these areas as nonattainment areas for purposes of the
2006 PM2.5 NAAQS. Furthermore, as described below, any such
final determination would not be equivalent to the redesignation of the
area to attainment based on the 1997 PM2.5 NAAQS.
If these rulemakings are finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that
either or both areas have violated the 1997 PM2.5 NAAQS, the
basis for the suspension of the specific requirements, set forth at 40
[[Page 48695]]
CFR 51.1004(c), would no longer exist for the pertinent area(s), and
the pertinent area(s) would thereafter have to address the pertinent
requirements.
The determinations that EPA proposes with this action, that the air
quality data show attainment of the 1997 PM2.5 NAAQS, is not
equivalent to the redesignation of the areas to attainment. These
proposed actions, if finalized, would not constitute a redesignation to
attainment under 107(d)(3) of the CAA, because we would not yet have
approved maintenance plans for the areas as required under 175A of the
CAA, nor would we have determined that the areas have met the other
requirements for redesignation. The designation status of the areas
would remain nonattainment for the 1997 PM2.5 NAAQS until
such time as EPA determines that the areas meet the CAA requirements
for redesignation to attainment.
These proposed actions, if finalized, are limited to a
determination that the Chicago and Evansville areas have attained the
1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS became
effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR
50.7. The 2006 PM2.5 NAAQS, which became effective on
December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA is
currently in the process of making designation determinations, as
required by CAA 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has
not made any designation determinations for the Chicago or Evansville
areas based on the 2006 PM2.5 NAAQS. These proposed
determinations, and any final determinations, will have no effect on,
and are not related to, any future designation determination that EPA
may make based on the 2006 PM2.5 NAAQS for the Chicago or
Evansville areas. Conversely, any future designation determination of
the Chicago or Evansville areas, based on the 2006 PM2.5
NAAQS, will not have any effect on the determinations proposed by this
action.
If these proposed determinations are made final and the Chicago and
Evansville areas continue to demonstrate attainment with the 1997
PM2.5 NAAQS, the requirements for the Chicago and Evansville
areas to submit an attainment demonstration and associated RACM, a RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS would remain suspended,
regardless of whether EPA designates these areas as nonattainment areas
for purposes of the 2006 PM2.5 NAAQS. Once the areas are
designated for the 2006 NAAQS, they will have to meet all applicable
requirements for that designation.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action proposes to make a determination based on air quality data and
would, if finalized, result in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C 601 et
seq.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have Tribal implications because
it will not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks'' (62 FR 19885, April 23,
1997) because it proposes to determine that air quality in the affected
area is meeting Federal standards.
The requirements of 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because it
would be inconsistent with applicable law for EPA, when determining the
attainment status of an area, to use voluntary consensus standards in
place of promulgated air quality standards and monitoring procedures to
otherwise satisfy the provisions of the CAA. This proposed rule does
not impose an information collection burden under the provisions of the
Paper Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Under Executive Order 12898, EPA finds that this rule, pertaining
to the determinations of attainment of the fine particle standard for
the Chicago (Illinois and Indiana) and Evansville (Indiana) areas,
involves proposed determinations of attainment based on air quality
data and will not have disproportionately high and adverse human health
or environmental effects on any communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9-23087 Filed 9-23-09; 8:45 am]
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