[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Proposed Rules]
[Pages 41739-41742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17868]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0454; FRL-9439-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Attainment and Determination of Clean
Data for the Annual 1997 Fine Particle Standard for the Charleston Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to make two determinations regarding the
Charleston, West Virginia fine particulate matter (PM2.5)
nonattainment area (hereafter referred to as ``Charleston Area'' or
``Area''). First, EPA is proposing to determine that the Area has
attained the 1997 annual average PM2.5 National Ambient Air
Quality Standard (NAAQS). 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 Charleston
Area has attained the 1997 annual PM2.5 NAAQS and data
available to date for 2010 in EPA's Air Quality System (AQS) database
that show the area continues to attain. If EPA finalizes this proposed
determination of attainment, the requirements for the Charleston Area
to submit attainment demonstrations and associated reasonably available
control measures (RACM), a reasonable further progress (RFP) plan,
contingency measures, and other planning State Implementation Plan
(SIP) revisions related to attainment of the standard shall be
suspended for so long as the Area continues to attain the 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 the area has attained the 1997 annual
PM2.5 NAAQS, by its applicable attainment date of April 5,
2010.
DATES: Comments must be received on or before August 15, 2011.
ADDRESSES: Submit your comments regarding the Charleston Area,
identified by Docket ID No. EPA-R03-OAR-2011-0454, by one of the
following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2011-0454, Cristina Fernandez, Associate
Director,
[[Page 41740]]
Office of Air Program Planning, Mail code 3AP30, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0454. 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.
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 during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking?
II. What is the background for these actions?
III. Has the Charleston Area attained the 1997 annual
PM2.5 standard?
A. Criteria
B. Charleston Area Air Quality
C. How did EPA address air quality in the Charleston Area?
D. Has the Charleston Area met the 1997 annual PM2.5
air quality standard?
IV. What is the effect of these actions?
V. Statutory and Executive Order Reviews
I. What actions is EPA taking?
In accordance with section 179(c)(1) of the Clean Air Act (CAA), 42
United States Code section 7509(c)(1), and 40 Code of Federal Register
(CFR) section 51.1004(c), EPA is proposing to determine that the
Charleston Area (composed of Kanawha and Putnam Counties) has attained
the 1997 annual PM2.5 NAAQS. This proposed action is based
upon complete, quality-assured, and certified ambient air monitoring
data for the 2007-2009 monitoring period that show that the Area has
monitored attainment of the 1997 annual PM2.5 NAAQS and data
available to date for 2010 that show the Area continues to attain. EPA
is also proposing to determine, in accordance with EPA's
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664),
that the Charleston Area has attained the 1997 annual PM2.5
NAAQS by its 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 3-year average of annual mean PM2.5
concentrations (hereafter referred to as ``the annual PM2.5
NAAQS'' or ``the annual standard''). At that time, EPA also established
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 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 Charleston Area was designated nonattainment for the
annual 1997 PM2.5 NAAQS during this designations process.
See 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 3-year average of
annual mean PM2.5 concentrations and promulgated a 24-hour
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations (the ``2006 24-hour standard'').
On November 13, 2009, EPA designated the Charleston Area as
nonattainment for the 2006 24-hour standard (74 FR 58688). In that
action, EPA also clarified the designations for the PM2.5
NAAQS promulgated in 1997, stating that the Charleston Area was
designated as nonattainment for the annual standard and attainment for
the 1997 24-hour standard. Today's action, however, does not address
either the 1997 or the 2006 24-hour standard.
In response to legal challenges of the annual standard promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded this standard to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (DC Circuit 2009). However, given
that the 1997 and 2006 annual standards are essentially identical,
attainment of the 1997 annual standard would also indicate attainment
of the remanded 2006 annual standard.
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 standard. This rule, at 40
CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the standard, as discussed below.
III. Has the Charleston Area attained the 1997 annual PM2.5 standard?
A. Criteria
Today's rulemaking proposes to approve that the Charleston Area has
attained the 1997 annual PM2.5 NAAQS, based on the most
recent three years of quality-assured data and that the Area attained
the 1997 annual PM2.5 NAAQS by its applicable attainment
date of April 5, 2010. Under EPA 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 subject area.
B. Charleston Area Air Quality
EPA has determined that the PM2.5 monitoring network for
the Charleston Area is adequate. First, the number of
[[Page 41741]]
monitors in the Area meets the minimum regulatory requirements given in
40 CFR part 58 Appendix D. Second, the monitoring is in accordance with
state monitoring plans that have been reviewed and approved by EPA.
Table 1 shows the design values (i.e., the 3-year average of annual
mean PM2.5 concentrations) for the 1997 annual
PM2.5 NAAQS for the Charleston Area monitors for the years
2007-2009. All data considered have been quality-assured, certified,
and recorded in AQS. The highest 3-year average annual concentration
for 2007-2009 on this table was recorded in Kanawha County, West
Virginia at the South Charleston site 54-039-1005, recording a 3-year
average annual concentration of 14.4 [mu]g/m\3\.
EPA's review of these data indicates that the Charleston Area has
met the 1997 annual PM2.5 NAAQS. Table 1 and the related
discussion below show that based on EPA's analysis of data for 2007-
2009, the Area attained the 1997 annual PM2.5 standard by
its attainment date of April 5, 2010. In addition, Table 2 and the
related discussion below, show that the Area continues to attain the
standard based on data available to date for 2010.
Table 1--2007-2009 Annual Average Concentrations in the Charleston Area
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Design value
Site name County Site No. ([mu]g/m\3\)
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Charleston................................... Kanawha.......................... 54-039-0010 13.1
South Charleston............................. Kanawha.......................... 54-039-1005 14.4
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C. How did EPA address the air quality in Charleston?
There are two monitors located in Kanawha County. There is a
monitor located in Charleston and a monitor located in South
Charleston. There was a Guthrie site monitor also located in Kanawha
County that was shut down in 2007 because a carbon monitor for the
PM2.5 chemical speciation network replaced it at its
respective location. EPA data completeness requirements require at
least 75 percent of the scheduled sampling days for each quarter have
valid data. See 40 CFR part 50, Appendix N section 4.1(b). The use 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 (40 CFR part 50, Appendix N, section 4.1(c)).
Determinations of attainment are based on three years of complete,
quality-assured data. Nevertheless, any such assessment should consider
additional quality-assured data, to the extent that quality-assured
data exist. 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 2007-2009. Quality-assured data are now available for
2010, which EPA used to compute preliminary design values. The
Charleston site has a preliminary 2008-2010 design value of 11.8 [mu]g/
m\3\ and the South Charleston site has a preliminary 2008-2010 design
value of 13.2 [mu]g/m\3\. On the basis of this review, EPA is proposing
to determine that the Charleston Area has attained the 1997 annual
PM2.5 NAAQS and is soliciting public comments on its
proposed determination.
Table 2--2008-2010 Annual Average Concentrations in the Charleston Area
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Preliminary
Site name County Site No. design value
([mu]g/m\3\)
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Charleston................................... Kanawha.......................... 54-039-0010 11.8
South Charleston............................. Kanawha.......................... 54-039-1005 13.2
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D. Has the Charleston Area met the 1997 annual PM2.5 air
quality standard?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded the data in the EPA AQS database, for the
Charleston Area from 2007 through the present time.
On the basis of this review, EPA proposes to determine that the
Charleston Area has attained and continues to attain the 1997 annual
PM2.5 NAAQS based on the quality-assured data for the 2007-
2009 period and preliminary data for the 2008-2010 monitoring period.
In addition, based on EPA's review of the data for 2007-2009 and in
accordance with section 179(c)(1) of the CAA and EPA's regulations, EPA
proposes to determine that the Charleston Area attained the 1997 annual
PM2.5 NAAQS by its applicable attainment date of April 5,
2010.
IV. What is the effect of these actions?
If EPA's proposed determination of attainment, based on the most
recent three years of quality-assured data is made final, the
requirements for the Charleston Area to submit attainment
demonstrations and associated RACM, a RFP plan, contingency measures,
and any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS would be suspended for so long as the Charleston
Area continues to attain the 1997 annual PM2.5 NAAQS. See 40
CFR 51.1004(c). Notably, as described below, any such determination
would not be equivalent to the redesignation of the Charleston Area to
attainment for the 1997 annual PM2.5 NAAQS.
If this proposed 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 annual
PM2.5 NAAQS, the basis for the suspension of the specific
requirements would no longer exist for the Charleston Area, and the
Area would thereafter have to address the applicable requirements. See
40 CFR 51.1004(c).
Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of the CAA. Further,
finalizing this proposed action does not involve approving maintenance
plans for the Area as required under section 175A of
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the CAA, nor would it find that the Area has met all other requirements
for redesignation. Even if EPA finalizes the proposed action, the
designation status of the Charleston Area would remain nonattainment
for the 1997 annual PM2.5 NAAQS until such time as EPA
determines that the Area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the Charleston Area.
In addition, if EPA's separate and independent proposed
determination that the Area has attained the 1997 annual
PM2.5 standard by its 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
Area's air quality data as of the attainment date whether the Area
attained the standard by that date. These two actions described above
are proposed determinations regarding the Charleston Area's attainment
only with respect to the 1997 annual PM2.5 NAAQS. Today's
actions do not address the 24-hour PM2.5 NAAQS.
V. 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 it would not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
Are not ``significant regulatory actions'' 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 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
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, these proposed 1997 annual PM2.5 NAAQS
determinations for the Charleston Area 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 record-keeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 27, 2011.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-17868 Filed 7-14-11; 8:45 am]
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