[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Proposed Rules]
[Pages 30310-30313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13083]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0380; A-1-FRL-9156-9]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Determination of Attainment of the 1997 Ozone Standard for
the Greater Connecticut Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to determine that the Greater
Connecticut, moderate 1997 8-hour ozone nonattainment area has attained
the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for
ozone. This determination is based upon complete, quality-assured,
certified ambient air monitoring data that show the area has monitored
attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring
period. If this proposed determination is made final, under the
provisions of EPA's ozone implementation rule, the requirements for
this area to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans related to attainment of the 1997 8-hour ozone
NAAQS shall be suspended for so long as the area continues to attain
the 1997 ozone NAAQS. In addition, EPA is proposing to determine that
this area has attained the 1997 ozone NAAQS as of June 15, 2010, its
applicable attainment date, provided that the area continues to attain
the standard through June 15, 2010.
DATES: Written comments must be received on or before July 1, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0380 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: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0380,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0380. 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 through http://www.regulations.gov, or e-mail,
[[Page 30311]]
information that you consider to be CBI or otherwise protected. 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 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.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA. EPA requests that if at
all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, e-
mail [email protected].
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 actions is EPA taking?
II. What is the effect of these actions?
III. What is the background for these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Actions
VI. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is proposing to determine that the Greater Connecticut,
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour
NAAQS for ozone. This determination is based upon complete, quality-
assured and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 ozone NAAQS for the 2007-2009
monitoring period. In addition, under section 181(b)(2)(A) of the Clean
Air Act (CAA), EPA is proposing to determine that this area has
attained the 1997 ozone NAAQS by its applicable attainment date (June
15, 2010), provided that the area continues to attain the standard as
of June 15, 2010. EPA will not finalize this determination unless the
area continues to attain the standard through June 15, 2010.
II. What is the effect of these actions?
If EPA's determination that the area is attaining the standard is
made final, under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), the requirements for the Greater Connecticut
moderate ozone nonattainment area to submit an attainment
demonstration, a reasonable further progress plan, section 172(c)(9)
contingency measures, and any other planning State Implementation Plans
(SIPs) related to attainment of the 1997 8-hour ozone NAAQS would be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS. This proposed action, if finalized, would not constitute a
redesignation to attainment under the Clean Air Act (CAA) section
107(d)(3), because we would not yet have an approved maintenance plan
for the area as required under section 175A of the CAA, nor a
determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
would remain moderate nonattainment for the 1997 8-hour ozone NAAQS
until such time as EPA determines that the area meets the CAA
requirements for redesignation to attainment.
If this determination of attainment is finalized and EPA
subsequently determines, after notice-and-comment rulemaking in the
Federal Register, that the area has violated the 1997 8-hour ozone
standard, the basis for the suspension of these requirements would no
longer exist, and the area would thereafter have to address the
pertinent CAA requirements. It should be noted that Connecticut
submitted an attainment demonstration, reasonable further progress plan
and contingency measures for this area on February 1, 2008. EPA has not
taken action on these submittals for the Greater Connecticut area.
In addition, under section 181(b)(2)(A) of the CAA and the
provisions of EPA's ozone implementation rule (see 40 CFR 51.902(a)),
EPA is proposing to determine that this area has attained the 1997
ozone NAAQS by its applicable attainment date of June 15, 2010,
provided that the area continues to attain the standard through June
15, 2010. The effect of a final determination of attainment by the
area's attainment date would be to discharge EPA's obligation under
section 181(b)(2)(A), and to establish that, in accordance with that
section, the area would not be reclassified for failure to attain by
its applicable attainment date.
III. What is the background for this action?
On April 30, 2004 (69 FR 23857), EPA designated as nonattainment
any area that was violating the 1997 8-hour ozone NAAQS based on the
three most recent years (2001-2003) of air quality data. The Greater
Connecticut area was designated as a moderate ozone nonattainment area.
The Greater Connecticut area consists of the following Connecticut
counties: Hartford, Litchfield, New London, Tolland and Windham. Recent
air quality data, however, indicate that the Greater Connecticut area
is now attaining the 1997 8-hour ozone standard.
IV. What is EPA's analysis of the relevant air quality data?
The EPA has reviewed the ambient air monitoring data for ozone,
consistent with the requirements contained in 40 CFR Part 50 and
recorded in the Air Quality Data System (AQS) database, for Greater
Connecticut, from 2007 through 2009. On the basis of that review, EPA
proposes to conclude that the area attained the 1997 8-hour ozone
standard at the end of the 2009 ozone season, based on three years of
complete, quality-assured and state-certified 2007-2009 ozone data.
Under EPA regulations at 40 CFR Part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is
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less than or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm,
based on the rounding convention in 40 CFR part 50, appendix I). This
3-year average is referred to as the design value. When the design
value is less than or equal to 0.084 ppm at each monitoring site within
the area, then the area is meeting the NAAQS. Also, the data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than 90%, and no single year
has less than 75% data completeness as determined in Appendix I of 40
CFR part 50.
Table 1 shows the fourth-highest daily maximum 8-hour average ozone
concentrations for the Greater Connecticut nonattainment area monitors
for the years 2007-2009, and the ozone design values for these same
monitors based on 2007-2009.
Table 1--2007-2009 Fourth-High 8-Hour Average Ozone Concentrations and 2007-2009 Design Values (Parts per
Million) in the Greater Connecticut Area
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Design
Site ID Site location 4th High 4th High 4th High value (07-
2007 2008 2009 09)
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090050006........................... Cornwall.............. 89 77 70 78
090031003........................... East Hartford......... 97 80 66 81
090110008........................... Groton................ 89 ........... ........... ...........
090110124........................... Groton................ \1\ 92 80 73 81
090131001........................... Stafford.............. 87 84 74 81
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EPA's review of these data indicates that the Greater Connecticut
ozone nonattainment area has met the 1997 8-hour ozone NAAQS, based on
2007-2009 data. EPA believes these data establish the likelihood that
the Greater CT area will also be attaining the standard as of its
applicable attainment date of June 15, 2010. Thus, in accordance with
CAA section 181(b)(2), EPA is also proposing to determine that the
Greater CT area has attained the standard by its applicable attainment
date, provided that the area continues to be in attainment of the
standard as of that date. EPA will not finalize this proposed
determination of attainment by the area's attainment date unless the
area is in attainment as of June 15, 2010.
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\1\ Groton site relocated in 2007. Data collected at both sites
for 2007. The site was relocated because site 090110008 was in
danger of not meeting EPA siting criteria due to nearby trees, which
could not be cut. Site 090110124 was chosen, in part since it is a
CT DEP owned site and can remain at this location for a long time.
The new site is less than three miles from the old site and measures
comparable air quality. Both sites meet data capture requirements
for 2007. EPA approved this relocation in 2007.
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EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters pertaining to this rulemaking
action. These comments will be considered before EPA takes final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA New England
Regional Office listed in the ADDRESSES section of this Federal
Register.
V. Proposed Actions
EPA is proposing to determine that the Greater Connecticut 1997 8-
hour ozone moderate nonattainment area has attained the 1997 8-hour
ozone standard, based on complete, quality-assured data from 2007
through 2009. As provided in 40 CFR 51.918, if EPA finalizes this
determination, it would suspend the requirements for Connecticut to
submit planning SIPs related to attainment of the 1997 8-hour ozone
NAAQS for this area, for so long as the area continues to attain the
standard.\2\ In addition, under section 181(b)(2)(A) of the Clean Air
Act and the provisions of EPA's ozone implementation rule (see 40 CFR
Section 51.902(a)), EPA is proposing to determine that this area has
attained the 1997 ozone NAAQS by its applicable attainment date of June
15, 2010, provided that the area continues in attainment as of that
date. EPA will not finalize this determination unless the area
continues to attain through June 15, 2010.
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\2\ Connecticut submitted an attainment demonstration,
reasonable further progress plan and contingency measures for this
area on February 1, 2008. EPA has not taken action on these
submittals.
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VI. Statutory and Executive Order Reviews
These actions propose to make determinations of attainment based on
air quality, and would, if finalized; result in the suspension of
certain Federal requirements, and would not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to the 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 Clean Air Act; and
Do 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New England.
[FR Doc. 2010-13083 Filed 5-28-10; 8:45 am]
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