[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60373-60376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24811]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0719-201144; FRL-9472-2]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio, Kentucky, and Indiana; Cincinnati-Hamilton Nonattainment Area;
Determinations of Attainment of the 1997 Annual Fine Particulate
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is determining that the tri-state Cincinnati-Hamilton,
Ohio-Kentucky-Indiana, fine particulate (PM2.5)
nonattainment Area (hereafter referred to as ``the Cincinnati Area'' or
``Area'') has attained the 1997 annual average PM2.5
national ambient air quality standards (NAAQS) and additionally, that
the Area has attained the 1997 annual PM2.5 NAAQS by its
[[Page 60374]]
applicable attainment date of April 5, 2010. The Cincinnati Area is
comprised of Butler, Clermont, Hamilton, and Warren Counties in Ohio;
Boone, Campbell and Kenton Counties in Kentucky; and a portion of
Dearborn County in Indiana. These determinations of attainment are
based upon quality-assured and certified ambient air monitoring data
for the 2007-2009 period showing that the Area has monitored attainment
of the 1997 annual PM2.5 NAAQS. The requirements for the
Area to submit an attainment demonstration 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 so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on October 31,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-0719. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection during normal
business hours 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.
FOR FURTHER INFORMATION CONTACT: In Region 4, Joel Huey or Sara
Waterson, 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's telephone number is (404) 562-9104. Mr. Huey can
also be reached via electronic mail at [email protected]. Ms. Waterson
may be reached by phone at (404) 562-9061 or via electronic mail at
[email protected]. In Region 5, John Summerhays, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604-3507. Mr. Summerhays' telephone number is (312)
886-6067. Mr. Summerhays can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking?
II. What are the effects of these actions?
III. What are EPA's final actions?
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is determining that the Cincinnati Area (comprised of Butler,
Clermont, Hamilton, and Warren Counties in Ohio; Boone, Campbell and
Kenton Counties in Kentucky; and a portion of Dearborn County in
Indiana) has attained the 1997 annual PM2.5 NAAQS. This
determination is based upon quality-assured, quality-controlled and
certified ambient air monitoring data that shows the Area has monitored
attainment of the 1997 annual PM2.5 NAAQS based on the 2007-
2009 data and is continuing to attain with 2008-2010 data. EPA is also
determining, in accordance with EPA's PM2.5 Implementation
Rule of April 25, 2007 (72 FR 20664), that the Cincinnati Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010.
Other specific requirements of the determination and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on June 3, 2011 (76 FR 32110). For summary purposes,
the Cincinnati Area did not meet the 75 percent completeness criteria
in three cases. The Northern Kentucky University site began operation
on August 1, 2007, and thus did not obtain complete data for the first
three quarters of 2007. This would not be considered an incomplete
record due to it being a new site. Nevertheless, the average
concentration for the remainder of 2007 and all of 2008 and 2009 was
12.5 micrograms per meter cubed ([mu]g/m\3\). Scarlet Oaks School ended
operation December 31, 2008 and Hook Field Airport ended operation
December 31, 2007. The Scarlet Oaks School site monitored an average
concentration of 14.8 [mu]g/m\3\ in 2007, and an annual average
concentration in 2008 of 13.3 [mu]g/m\3\. The Hook Field Airport site
monitored an annual average concentration of 14.6 [mu]g/m\3\ for 2007.
These values are below the NAAQS. The complete 2010 year had not been
certified at the time of the NPR; therefore, the data were not
considered complete for 2010. All of the 2008-2010 design values are
below 15.0 [mu]g/m\3\, except for the Murray Road site in Cincinnati.
The Murray Road site had a preliminary 2008-2010 design value of 15.1
[mu]g/m\3\; however, the site was shut down in February of the first
quarter of 2010 due to safety issues. The partial first quarter of 2010
data before the monitor shut down showed the only data above the NAAQS
for the 2008-2010 period. Approval was granted for the site to be shut
down because the Carthage Fire site registered a higher design value
and is located approximately a mile from the Murray Road site. A
comparison of the 2007-2009 data showed the sites were well correlated
with each other. The comment period closed on July 5, 2011. No comments
were received in response to the NPR.
II. What are the effects of these actions?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this Area to submit attainment demonstrations,
associated RACM, RFP plans, contingency measures, and other planning
SIPs related to attainment of the 1997 annual PM2.5 NAAQS as
long as this Area continues to meet the 1997 annual PM2.5
NAAQS. Finalizing this action does not constitute a redesignation of
the Cincinnati Area to attainment for the 1997 annual PM2.5
NAAQS under section 107(d)(3) of the Clean Air Act (CAA). Further,
finalizing this action does not involve approving maintenance plans for
the Area as required under section 175A of the CAA, nor does it involve
a determination that the Area has met all requirements for a
redesignation.
In addition, EPA is making a separate and independent determination
that the Area has attained the 1997 annual PM2.5 standard by
its applicable attainment date (April 5, 2010), thereby satisfying
EPA's requirement pursuant to section 179(c)(1) of the CAA to make such
a determination based on the Area's air quality data as of the
attainment date.
III. What are EPA's final actions?
EPA is determining that the Cincinnati Area has data indicating it
has attained the 1997 annual PM2.5 NAAQS, and additionally,
that the Area has attained the standard by its applicable attainment
date (April 5, 2010). These determinations are based upon quality-
assured, quality-controlled, and certified ambient air monitoring data
showing that this Area has monitored attainment of the 1997 annual
PM2.5 NAAQS during the period 2007-2009 and continues to
monitor attainment during the 2008-2010 period. This final action, in
accordance
[[Page 60375]]
with 40 CFR 51.1004(c), will suspend the requirements for this Area to
submit attainment demonstrations, associated RACM, RFP plans,
contingency measures, and other planning SIPs related to attainment of
the 1997 annual PM2.5 NAAQS as long as the Area continues to
meet the 1997 annual PM2.5 NAAQS. These actions are being
taken pursuant to section 179(c)(1) of the CAA and are consistent with
the CAA and its implementing regulations.
IV. Statutory and Executive Order Reviews
These actions make a determination of attainment based on air
quality, and will result in the suspension of certain federal
requirements, and it will not impose additional requirements beyond
those imposed by state law. For that reason, this action:
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 an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action 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,
this 1997 PM2.5 clean NAAQS data determination for the
Cincinnati Area 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 28, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
For purposes of judicial review, the two determinations approved by
today's action are severable from one another.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 18, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
Dated: September 12, 2011.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.774 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 52.774 Determination of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio,
Kentucky, and Indiana PM2.5 nonattainment Area attained the
1997 annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana
PM2.5 nonattainment Area is not subject to the consequences
of failing to attain pursuant to section 179(d).
0
3. Section 52.776 is amended by adding paragraph (x) to read as
follows:
Sec. 52.776 Control strategy: Particulate matter.
* * * * *
(x) Determination of Attainment. EPA has determined, as of
September 29, 2011, that based upon 2007-2009 air quality data, the
Cincinnati-Hamilton, Ohio, Kentucky, and Indiana, nonattainment Area
has attained the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for this Area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this Area continues to meet
the 1997 annual PM2.5 NAAQS.
Subpart S--Kentucky
0
4. Section 52.929 is amended by adding paragraph (c) to read as
follows:
Sec. 52.929 Determination of attainment.
* * * * *
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio,
Kentucky, and Indiana PM2.5 nonattainment Area attained the
1997 annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on
[[Page 60376]]
the Area's air quality as of the attainment date, whether the Area
attained the standard. EPA also determined that the Cincinnati-
Hamilton, Ohio, Kentucky, and Indiana PM2.5 nonattainment
Area is not subject to the consequences of failing to attain pursuant
to section 179(d).
0
5. Section 52.933 is amended by adding paragraph (e) to read as
follows:
Sec. 52.933 Control Strategy: Sulfur oxides and particulate matter.
* * * * *
(e) Determination of Attainment. EPA has determined, as of
September 29, 2011, that based upon 2007-2009 air quality data, the
Cincinnati-Hamilton, Ohio-Kentucky-Indiana nonattainment Area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
Area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this Area continues to meet the 1997 annual
PM2.5 NAAQS.
Subpart KK--Ohio
0
6. Section 52.1880 is amended by adding paragraph (o) to read as
follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(o) Determination of Attainment. EPA has determined, as of
September 29, 2011, that based upon 2007-2009 air quality data, the
Cincinnati-Hamilton, Ohio-Kentucky-Indiana nonattainment Area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
Area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this Area continues to meet the 1997 annual
PM2.5 NAAQS.
0
7. Section 52.1892 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1892 Determination of attainment.
* * * * *
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio-
Kentucky-Indiana PM2.5 nonattainment Area attained the 1997
annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana
PM2.5 nonattainment Area is not subject to the consequences
of failing to attain pursuant to section 179(d).
[FR Doc. 2011-24811 Filed 9-28-11; 8:45 am]
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