[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Proposed Rules]
[Pages 33562-33565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14215]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0203-201020; FRL-9161-4]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama:
Birmingham; Determination of Attaining Data for the 2006 24-Hour Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Birmingham, Alabama,
nonattainment area for the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) has
attained the 2006 24-hour PM2.5 NAAQS. This proposed
determination is based upon complete, quality assured, quality
controlled, and certified ambient air monitoring data for the years
2007-2009 showing that this area has monitored attainment of the 2006
24-hour PM2.5 NAAQS. If this proposed determination is made
final, the requirement for the State of Alabama to submit an attainment
demonstration and associated reasonably available control measures
(RACM), reasonable further progress (RFP) plan, contingency measures,
and other planning State Implementation Plans (SIPs) related to
attainment of the 2006 24-hour PM2.5 standard for the
Birmingham, Alabama, PM2.5 nonattainment area, shall be
suspended for as long as this area continues to meet the 2006 24-hour
PM2.5 NAAQS.
DATES: Written comments must be received on or before July 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0203 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: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2010-0203,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
[[Page 33563]]
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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 federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0203. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 by e-mail 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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
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 www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. 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
federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by
phone at (404) 562-9104 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the Birmingham, Alabama,
PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS. This proposed determination is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2007-2009 showing that the area has
monitored attainment of the 2006 24-hour PM2.5 NAAQS.
II. What is the effect of this action?
As further discussed below, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004(c)), a final
determination for the Birmingham, Alabama, PM2.5
nonattainment area would: (1) Suspend the requirement for the State of
Alabama to submit an attainment demonstration and associated RACM
(including reasonably available control technologies), RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 2006 24-hour PM2.5 NAAQS; and (2) continue until such
time, if any, that EPA subsequently determines that the area has
violated the 2006 24-hour PM2.5 NAAQS. Such a determination
would also be separate from, and not influence or otherwise affect, any
future designation determination or requirements for the Birmingham,
Alabama, area. Furthermore, as described below, any such final
determination would not be equivalent to the redesignation of the area
to attainment for the 2006 24-hour PM2.5 NAAQS.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
area has violated the 2006 24-hour PM2.5 NAAQS, the basis
for the suspension of the specific requirements, set forth at 40 CFR
51.1004(c), would no longer exist and the area would thereafter have to
address pertinent requirements.
The determination that EPA proposes with this Federal Register
notice, if finalized, would not constitute a redesignation to
attainment under section 107(d)(3) of the Clean Air Act (CAA). This is
because EPA would not yet have an approved maintenance plan for the
area as required under section 175A of the CAA, nor would EPA have
determined that the area has met the other requirements for
redesignation. The designation status of the area would remain
nonattainment for the 2006 24-hour PM2.5 NAAQS until such
time as EPA determines that the area meets the CAA requirements for
redesignation to attainment.
This proposed action, if finalized, is limited to a determination
that the Birmingham, Alabama, PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS. The 2006 24-hour
PM2.5 NAAQS, which became effective on December 18, 2006 (71
FR 61144), is set forth at 40 CFR 50.13. This proposed determination,
and any final determination, will have no effect on any designation
determination that EPA may make for the Birmingham, Alabama, area based
on any future PM2.5 NAAQS. Conversely, any future
designation determination of the Birmingham, Alabama, area will not
have any effect on the determination proposed by this notice. In
addition, this proposed determination, and any final determination,
will have no effect on the status of the Birmingham, Alabama,
nonattainment area for the 1997 annual PM2.5 standard.
If this proposed determination is made final and the Birmingham,
Alabama, area continues to monitor attainment with the 2006 24-hour
PM2.5 NAAQS, the requirement for the State of Alabama to
submit for the Birmingham, Alabama, PM2.5 nonattainment area
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and any other planning SIPs related to attainment of the 2006
24-hour PM2.5 NAAQS will remain suspended regardless of
whether EPA designates this area as a
[[Page 33564]]
nonattainment area for purposes of any future PM2.5 NAAQS.
III. What is the background for this action?
On October 17, 2006 (71 FR 61144), EPA revised the level of the
health-based 24-hour PM2.5 NAAQS to 35 micrograms per cubic
meter ([mu]g/m\3\) based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA also retained the 1997 annual
PM2.5 standard at 15 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, but with tighter
constraints on the spatial averaging criteria. EPA established the
standards based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with exposure
to particulate matter. The process for designating areas following
promulgation of a new or revised NAAQS is contained in section
107(d)(1) of the CAA. EPA and state air quality agencies initiated the
monitoring process for the PM2.5 NAAQS in 1999 and began
operating all air quality monitors by January 2001. On November 13,
2009, EPA published its air quality designations and classifications
for the 2006 24-hour PM2.5 NAAQS based upon air quality
monitoring data from those monitors for calendar years 2006-2008 (74 FR
58688). Those designations became effective on December 14, 2009. The
Birmingham, Alabama, area, comprising Jefferson County, Shelby County,
and a portion of Walker County, was designated nonattainment for the
2006 24-hour PM2.5 NAAQS (see 40 CFR part 81). On February
24, 2010, the State of Alabama submitted a letter to EPA requesting
that the Agency make a determination that the Birmingham, Alabama,
PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS based on data for the period 2007 through 2009.
IV. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50, as recorded in the EPA Air Quality System (AQS) database for
the Birmingham, Alabama, 2006 24-hour PM2.5 nonattainment
area. All data considered have been recorded in the AQS data base,
certified as meeting quality assurance requirements, and determined to
have met data completeness requirements. On the basis of that review,
EPA has concluded that this area attained the 2006 24-hour
PM2.5 NAAQS during the 2007-2009 monitoring period. Under
EPA regulations at 40 CFR 50.7:
The 24-hour primary and secondary PM2.5 standards are
met when the 98th percentile 24-hour concentration, as determined in
accordance with appendix N of this part, is less than or equal to 35
[mu]g/m\3\.
The following table shows the design values (the metrics calculated
in accordance with 40 CFR part 50, appendix N, for determining
compliance with the NAAQS) for the 2006 24-hour PM2.5 NAAQS
for the Birmingham, Alabama, nonattainment area monitors for the years
2007-2009.
24-Hour PM2.5 Design Values for Monitors in the Birmingham, Alabama, Nonattainment Area
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2007 98th 2008 98th 2009 98th 2007-2009
Location AQS site ID percentile percentile percentile design value
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North Birmingham............. 01-073-0023 42.8 33.5 24.4 34
McAdory...................... 01-073-1005 30.9 25.8 21.3 26
Bruce Shaw Road.............. 01-073-1009 31.4 27.3 22.1 27
Asheville Road............... 01-073-1010 33.0 24.6 19.1 26
Wylam........................ 01-073-2003 37.7 33.5 25.2 32
Hoover....................... 01-073-2006 29.8 25.9 20.4 25
Pinson High School........... 01-073-5002 34.2 26.4 21.3 27
Corner School Road........... 01-073-5003 32.5 30.0 21.3 28
Pelham High School........... 01-117-0006 30.9 24.8 21.2 26
Highland Avenue.............. 01-127-0002 30.9 24.3 22.1 26
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Because the 2007-2009 design value at each monitor in the
Birmingham 2006 24-hour PM2.5 nonattainment area is less
than the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\, EPA is
proposing to determine that the area has monitored attainment for this
NAAQS. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
V. Proposed Action
EPA is proposing to determine that the Birmingham, Alabama,
nonattainment area for the 2006 24-hour PM2.5 NAAQS has
attained the 2006 24-hour PM2.5 NAAQS based on 2007-2009
monitoring data. As provided in 40 CFR 51.1004(c), if EPA finalizes
this determination, it will suspend the requirements for the State of
Alabama to submit for this area an attainment demonstration and
associated RACM, RFP plan, contingency measures, and any other planning
SIPs related to attainment of the 2006 24-hour PM2.5 NAAQS
as long as the area continues to attain the 2006 24-hour
PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
This action proposes to make a determination based on air quality
data, and would, if finalized, result in the suspension of certain
Federal requirements. For that reason, this proposed 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 (Pub. L. 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, 2006);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 33565]]
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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 2, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-14215 Filed 6-11-10; 8:45 am]
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