[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28393-28397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12061]
[[Page 28393]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0393; FRL-9307-2]
Proposed Approval of Air Quality Implementation Plan; Ohio and
West Virginia; Determinations of Attainment of the 1997 Annual Fine
Particle Standard for Four Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make two determinations regarding the fine
particle (PM2.5) nonattainment areas of Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton (hereafter
referred to as ``Areas''). First, EPA is proposing to determine that
these Areas have attained the 1997 annual average PM2.5
National Ambient Air Quality Standard (NAAQS) under the Clean Air Act
(CAA). This proposed determination of attainment is based upon
complete, quality-assured, and certified ambient air monitoring data
for the 2007-2009 period showing that the areas have monitored
attainment of the annual PM2.5 NAAQS. EPA also evaluated
incomplete data from this period from other monitors in the Cleveland-
Akron area, as well as complete preliminary quality-assured data
available to date for 2010. EPA believes these data support the
determination that the Areas have attained the 1997 annual
PM2.5 NAAQS. If this proposed determination is made final,
the requirements for these Areas to submit an attainment demonstration,
associated reasonably available control measures (RACM) to include
reasonably available control technology (RACT), a reasonable further
progress (RFP) plan, contingency measures, and other planning State
Implementation Plan (SIP) revisions related to attainment of the 1997
annual PM2.5 NAAQS shall be suspended for so long as the
Areas continue to attain the 1997 annual PM2.5 NAAQS.
Second, EPA is also proposing to determine, based on quality-assured
and certified monitoring data for the 2007-2009 monitoring period, that
these Areas have attained the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5, 2010.
DATES: Comments must be received on or before June 16, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0393, 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) 408-2279.
4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
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-
2010-0393. 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 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 Section 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 U.S. 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 Carolyn Persoon,
Environmental Engineer, at (312) 353-8290, before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Region 5, Carolyn Persoon,
Environmental Engineer, Control Strategies Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290,
[email protected]. Region 3, Irene Shandruk, Office of Air
Program Planning (3AP30), U.S. Environmental Protection Agency, Region
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166,
[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 actions is EPA proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What actions Is EPA proposing?
In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c) and
40 CFR 51.1004(c), EPA is proposing to determine that three Ohio
nonattainment areas (the Cleveland-Akron, the Columbus, and the Dayton-
Springfield areas) and one Ohio-West Virginia bi-state area (the
Steubenville-Weirton area) have attained the 1997 annual
PM2.5 NAAQS. This proposed determination is based upon
complete, quality-assured, and certified ambient air monitoring data
for the 2007-2009 monitoring period that show these Areas have
monitored attainment of the 1997 annual PM2.5 NAAQS.
Complete
[[Page 28394]]
preliminary quality-assured data sets available for 2010 are consistent
with continued attainment, as well as data from sites in the Cleveland-
Akron area that were not considered complete, but that support
attainment. EPA is also proposing to determine, in accordance with
EPA's PM2.5 Implementation Rule of April 25, 2007 (72 FR
20664), that these Areas have attained the 1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010.
II. What is the background for these actions?
On July 18, 1997 (62 FR 36852), EPA established an annual
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. At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\. (Today's action does not address the 24-hour
standard.) See 40 CFR 50.7. 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 three areas in Ohio and the one bi-
state area in Ohio and West Virginia were designated nonattainment for
the 1997 PM2.5 NAAQS. See 40 CFR 81.336 (Ohio) and 40 CFR
81.349 (West Virginia).
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a three-year average
of annual mean PM2.5 concentrations, and promulgated a 24-
hour standard of 35 [mu]g/m\3\ based on a three-year average of the
98th percentile of 24-hour concentrations.
In response to legal challenges to the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded these standards to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given
that the 1997 and 2006 annual standards are essentially identical,
attainment of the 1997 annual standards would also indicate attainment
of the remanded 2006 annual standards.
On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and Tribal
plans to implement the 1997 PM2.5 standards. This rule, at
40 CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the standards, as discussed later.
III. What is EPA's analysis of the relevant air quality data?
Today's rulemaking assesses whether (1) the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton areas have
attained the 1997 annual PM2.5 standard, based on the most
recent three years of quality-assured data, and (2) whether the Areas
attained the 1997 annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
Under EPA's regulations at 40 CFR 50.7, 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 [micro]g/m\3\ at all relevant
monitoring sites in the area.
EPA has reviewed the ambient air quality monitoring data in the
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
areas for PM2.5, consistent with the requirements contained
at 40 CFR part 50. EPA's review focused on data recorded in the EPA Air
Quality System (AQS) database for the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton areas PM2.5
nonattainment area from 2007 to 2009, and considered supplemental data
sets that were incomplete due to the low capture rates as well as
complete, quality assured but not certified data for 2010.
The Cleveland-Akron area had eleven monitors located in Cuyahoga,
Lorain, Medina, Summit, and Portage Counties that reported design
values from 2007-2009 for PM2.5 that ranged from 11.4 to
14.4 [mu]g/m\3\.
The Columbus area had three monitors all located in Franklin County
that reported a design value range of 11.7 to 13.0 [mu]g/m\3\ for the
2007-2009 time period.
The Dayton-Springfield area has three monitors, with one monitor in
each of Clark, Greene, and Montgomery Counties. These monitors measured
a range of 2007-2009 design values from 12.1 to 13.7 [mu]g/m\3\ with
Montgomery reporting the highest PM2.5 design value.
The Steubenville-Weirton area, in Ohio and West Virginia, has five
monitoring stations, including two in Jefferson County, OH, two in
Brooke County, West Virginia, and one in Hancock County, West Virginia.
The range of design values for the Steubenville-Weirton area for 2007-
2009 was 13.6 to 14.4 [mu]g/m\3\, below the current annual
PM2.5 standard. We have examined data from the entire area,
including monitored data from both Ohio and West Virginia.
Table 1 shows the 2007 to 2009 design values (i.e., the three-year
average of annual mean PM2.5 concentrations) for the 1997
annual PM2.5 NAAQS for the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton areas for monitors with
complete data for that period. Additionally, design values for the
2008-2010 period, using complete and quality-assured but not certified
data for 2010, are also shown in Table 1, as supplementary information
solely for the purposes of showing that all four areas are maintaining
the current standard. All data values are expressed in micrograms per
meter cubed.
Table 1--Annual PM2.5 Design Values for Ohio (Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton) Area Monitors With Complete Data for 2007 to 2009 in [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Preliminary annual
Annual design design value 2008-
State County Monitor value 2007-2009 2010 ([mu]g/m\3\)
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Cleveland-Akron
----------------------------------------------------------------------------------------------------------------
OH................ Cuyahoga................. 39-035-0034.............. 11.6 10.7
39-035-0038.............. 14.4 13.6
39-035-0045.............. 13.6 12.9
39-035-0060.............. 14.1 13.4
39-035-0065.............. 14.3 13.4
39-035-1002.............. 12.1 11.4
Lorain................... 39-093-3002.............. 11.4 10.6
[[Page 28395]]
Medina................... 39-103-0003.............. 11.8 11.1
Portage.................. 39-133-0002.............. 12.3 11.5
Summit................... 39-153-0017.............. 13.7 13.2
39-153-0023.............. 12.7 12.3
----------------------------------------------------------------------------------------------------------------
Columbus
----------------------------------------------------------------------------------------------------------------
OH................ Franklin................. 39-049-0024.............. 13.0 12.5
39-049-0025.............. 12.9 12.1
39-049-0081.............. 11.7 11.2
----------------------------------------------------------------------------------------------------------------
Dayton-Springfield
----------------------------------------------------------------------------------------------------------------
OH................ Clark.................... 39-023-0005.............. 13.2 ..................
Greene................... 39-057-0005.............. 12.1 12.1
Montgomery............... 39-113-0032.............. 13.7 13.2
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton
----------------------------------------------------------------------------------------------------------------
OH................ Jefferson................ 39-081-0017.............. 14.2 13.0
39-081-1001.............. 13.6 12.7
WV................ Brooke................... 54-009-0005.............. 14.4 13.7
54-009-0011.............. 14.0 13.1
Hancock.................. 59-029-1004.............. 13.4 12.4
----------------------------------------------------------------------------------------------------------------
As Table 1 shows, across the four areas, there were twenty-one
monitoring sites with complete data for 2007 to 2009. Data are
considered to be sufficient for comparison to the NAAQS if three
consecutive complete years of data exist. A complete year of air
quality data comprises four calendar quarters, with each quarter
containing data from at least 75% capture of the scheduled sampling
days. Data that does not meet the 75% capture has been analyzed by EPA
with substitution of conservative values to determine that some sites
not meeting capture rates are still sufficient to show attainment. Ohio
has also submitted similar data substitutions to demonstrate that sites
with less than 75% capture rates are still attaining even with the
highest concentration from that specific monitor substituted for
missing data. See 40 CFR Part 58, appendix D for network design
criteria. EPA has approved the monitoring networks for these four areas
as adequate to evaluate the air quality of these areas, and so these
twenty-one monitoring sites with complete data provide an adequate
basis for EPA to determine whether the areas have attained the NAAQS.
EPA concludes that the Cleveland-Akron, Columbus, Dayton-Springfield,
and Steubenville-Weirton areas have attained the 1997 annual
PM2.5 NAAQS based on its evaluation of complete quality-
assured data from the relevant monitoring sites for the 2007-2009
monitoring period.
Incomplete data from additional monitoring sites in the Cleveland-
Akron area also support EPA's determination that the area attains the
1997 annual PM2.5 NAAQS. Two monitors located in Lake County
did not record complete data for the three-year 2007-2009 monitoring
period. Pertinent data from these sites are shown in Table 2. One
monitor (39-085-3002) was closed at the end of 2008 due to demolition
at the site, and the other monitor (39-085-0007) then began operation
at the beginning of 2009. Since both monitors were not capturing data
for the entire span of 2007-2009, their data sets were considered
incomplete. As shown in this table, although site 39-085-3002 did not
have complete data for 2007 to 2009, the site's design value calculated
from 2006-2008 was attaining, and the average concentration from 2007
to 2008 support the conclusion that this location is attaining. Table 2
also includes site 39-085-0007 that started operation only recently;
this site did not measure concentrations before 2009, but the average
concentration for 2009 was 10.4 [mu]g/m\3\, and the average
concentration for 2010 was 10.5 [mu]g/m\3\.
Table 2--PM2.5 Design Values for Lake County Area Sites With Incomplete Data in 2007 to 2009
----------------------------------------------------------------------------------------------------------------
Most recent complete
Average design value ([mu]g/
State County Monitor concentration Dates of operation m3)
for 2007-2009 ----------------------
([mu]g/m3) Value Years
----------------------------------------------------------------------------------------------------------------
OH......... Lake.............. 39-085-0007....... 10.4 1/1/2009-present.. ....... ............
39-085-3002....... 12.7 1/11/2006-12/31/ 12.3 2006-2008
2008.
----------------------------------------------------------------------------------------------------------------
Data handling conventions and computations necessary for
determining whether areas have met the PM2.5 NAAQS,
including requirements for data completeness, are specified in appendix
N of 40 CFR part 50. The use
[[Page 28396]]
of less than complete data is subject to the approval of EPA, which may
consider factors such as monitoring site closures/moves, monitoring
diligence and nearby concentrations in determining whether to use such
data as set forth at 40 CFR part 50, appendix N Sec. 4.1(c). The
monitors listed in Table 2 do not have complete data for the 2007-2009
monitoring period. However, the historical certified data recorded at
the monitors that were discontinued during this period and recent
certified data recorded at monitors that started operation during the
period provide additional support for EPA's proposed determination that
the Cleveland-Akron area has attained the 1997 annual PM2.5
NAAQS. EPA is also approving the use of these data for consideration in
this determination because it finds that Ohio has exercised diligence
in monitoring in the Cleveland-Akron area, and has worked cooperatively
with EPA in evaluating and seeking approval for monitor closures and
moves, and because these data provide useful additional evidence as to
whether this area is attaining the standard.
EPA's review of monitoring data from the 2007-2009 monitoring
period supports EPA's determinations that the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas have: (1) Monitored attainment of the
PM2.5 NAAQS for such period; and (2) attained the
PM2.5 NAAQS by the attainment date of April 5, 2010.
Additionally, the preliminary 2008-2010 monitoring data supports a
finding that these Areas continue to meet the 1997 annual
PM2.5 NAAQS.
IV. What are the effects of these actions?
If EPA's proposed determination of attainment, based on the most
recent three years of quality-assured data, is made final, under the
provisions of the PM2.5 Implementation Rule (40 CFR
51.1004(c)) the requirements for the Cleveland-Akron, Columbus, Dayton-
Springfield, and Steubenville-Weirton PM2.5 nonattainment
areas to submit attainment demonstration, RACM (including RACT), an RFP
plan, contingency measures, and other planning SIP revisions related to
attainment of the 1997 annual PM2.5 NAAQS shall be suspended
for so long as the Areas continue to attain the 1997 annual
PM2.5 NAAQS.
As discussed further, the proposed determination of attainment for
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton PM2.5 nonattainment areas would, if finalized, (1)
suspend the states' obligation for Ohio and West Virginia to submit the
requirements listed above; (2) continue such suspension until such
time, if any, that EPA subsequently determines that any monitor in the
area has violated the 1997 annual PM2.5 NAAQS; and (3) be
separate from any future designation determination or requirements for
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton PM2.5 nonattainment areas based on the 2006
PM2.5 NAAQS or future PM2.5 NAAQ revision.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that any
of the Areas have violated the 1997 annual PM2.5 NAAQS, the
basis for the suspension of the specific requirements, set forth at 40
CFR section 51.1004(c), would no longer exist, and the States of Ohio
and West Virginia (if applicable) would thereafter have to address the
pertinent requirements.
This proposed action is limited to the determinations that the air
quality data show that the Cleveland-Akron, Columbus, Dayton-
Springfield, and Steubenville-Weirton PM2.5 nonattainment
areas have monitored attainment of the 1997 annual PM2.5
NAAQS, and have attained the PM2.5 NAAQS by the attainment
date of April 5, 2010; neither determination would result in a
redesignation of the Cleveland-Akron, Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5 nonattainment areas to the status
of attainment of the 1997 annual PM2.5 NAAQS.
This proposed action, if finalized, would not constitute a
redesignation to attainment under CAA section 107(d)(3) of the CAA
because EPA is not proposing to take action pursuant to CAA section
107(d)(3) and the statutory prerequisites set forth in CAA section
107(d)(3) have not yet been met. For example, EPA has not yet approved
a maintenance plan for the areas as required under CAA section 175A,
nor proposed a determination that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas have met the other requirements for redesignation
under the CAA.
The designation status of the portions of the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas will remain nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA takes final rulemaking
action to determine that such portions meet the CAA requirements for
redesignation to attainment.
In addition, if EPA's separate and independent proposed
determination that these Areas have attained the 1997 annual
PM2.5 standard by the applicable attainment date (April 5,
2010), is finalized, EPA will have met its requirement pursuant to
section 179(c)(1) of the CAA to make a determination based on the
Areas' air quality data as of the attainment date whether the Areas
attained the standard by that date.
These two actions described above are proposed determinations
regarding the Cleveland-Akron, Columbus, Dayton-Springfield, and
Steubenville-Weirton areas' attainment only with respect to the 1997
annual PM2.5 NAAQS. Today's actions do not address the 24-
hour PM2.5 NAAQS.
EPA is soliciting comment on the issues discussed in this document.
These comments will be considered before EPA takes final action. Please
note that if EPA receives adverse comment on either of the proposed
determinations described above and if that determination may be severed
from the remainder of the final agency action, EPA may adopt as final
those provisions of the final agency action that are not the subject of
an adverse comment.
V. Statutory and Executive Order Reviews
This action proposes to make attainment determinations based on air
quality data and would, if finalized, result in the suspension of
certain Federal requirements and would not impose any additional
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, 1997);
[[Page 28397]]
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 Clean Air Act; 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, these proposed PM2.5 NAAQS attainment
determinations do 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, Particulate
matter, Reporting and recordkeeping requirements.
Dated: May 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 5, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
[FR Doc. 2011-12061 Filed 5-16-11; 8:45 am]
BILLING CODE 6560-50-P