[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5210-5213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2336]
[[Page 5210]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2012-0053; FRL-9625-7]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Missouri and
Illinois; St. Louis; Determination of Attainment by Applicable
Attainment Date for the 1997 Ozone National Ambient Air Quality
Standard (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine, pursuant to the Clean Air Act
(CAA), that the bi-state St. Louis (MO-IL) ozone nonattainment area
(``St. Louis area'') attained the 1997 8-hour ozone National Ambient
Air Quality Standards (NAAQS) by the applicable attainment date of June
15, 2010. This proposed determination is based upon complete, quality-
assured, and certified ambient air quality data from the 2007-2009
monitoring period which show that the St. Louis area has monitored
attainment of the 1997 8-hour ozone NAAQS as of the applicable date.
DATES: Comments must be received on or before March 5, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0053, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (913) 551-9214.
4. Mail: Lachala Kemp, Air Planning and Development Branch,
Environmental Protection Agency Region 7, 901 North 5th Street, Kansas
City, Kansas 66101.
5. Hand Delivery or Courier: Lachala Kemp, Air Planning and
Development Branch, Environmental Protection Agency Region 7, 901 North
5th Street, Kansas City, Kansas 66101. 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, 8:00 a.m. to 4:30 p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0053. 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 email. 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 email comment directly to EPA without
going through www.regulations.gov, your email 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, 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 7, 901 North 5th Street, Kansas City, Kansas
66101, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
interested persons wanting to examine these documents should make an
appointment with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency Region 7, 901
N. 5th Street, Kansas City, Kansas 66101, at (913) 551-7214 or by email
at [email protected]. In Region 5 contact Edward Doty, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J), 77 West
Jackson Boulevard, Chicago, Illinois 60604, at (312) 886-6057 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:
Table of Contents
I. What action is EPA taking?
II. What is the background for this action?
III. What was the air quality in the St. Louis area for the 1997 8-
hour ozone NAAQS for the 2007-2009 monitoring period?
IV. What is the proposed action?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
Pursuant to section 181(b)(2) of the CAA, EPA is proposing to
determine that the St. Louis area attained the 1997 8-hour ozone NAAQS
by its applicable attainment date of June 15, 2010. The St. Louis area
is composed of Jefferson County, Franklin County, St. Louis County, St.
Louis City, and St. Charles County in Missouri, and Madison, Monroe,
Jersey, and St. Clair Counties in Illinois. This proposed determination
is based upon complete, quality-assured and certified ambient air
monitoring data from 2007-2009 which show that the St. Louis area
monitored attainment of the 1997 8-hour ozone NAAQS as of its
applicable attainment date.
On June 9, 2011, EPA published in the Federal Register a final
determination that the St. Louis area has attained the 1997 8-hour
ozone NAAQS based on complete, quality-assured ozone monitoring data
for 2008-2010, and the effect of that determination pursuant to 40 CFR
51.918. See 76 FR 33647-50. Today's proposed action is separate from
and independent of EPA's June 9, 2011 determination, and it does not
affect or modify that rulemaking. Today's proposed determination
concerns an earlier period of air quality monitoring, and it addresses
only EPA's obligation under CAA section 181(b)(2) to determine whether
the area attained the 8-hour ozone standard by its applicable June 15,
2010 attainment date.
II. What is the background for this action?
On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone
standard of 0.08 parts per million (ppm). On April 30, 2004 (69 FR
23858), EPA published a final rule designating and classifying areas
under the 8-hour ozone NAAQS. These designations and
[[Page 5211]]
classifications became effective June 15, 2004. EPA designated as
nonattainment any area that was violating the 8-hour ozone NAAQS based
on the three most recent years of air quality data, 2001-2003. Under
EPA's implementation rule for the 1997 8-hour ozone standard (69 FR
23951, April 30, 2004), an area was classified under subpart 2 of the
CAA based on its 8-hour ozone design value (i.e. the three-year average
annual fourth-highest daily maximum 8-hour average ozone
concentration), if it had a 1-hour design value at the time of
designation at or above 0.121 ppm. See 40 CRF 51.902(a). All other
nonattainment areas were covered under subpart 1, based upon their 8-
hour design values (69 FR 23958). The St. Louis area was classified as
a subpart 2, 8-hour ozone moderate nonattainment area by EPA on April
30, 2004 (69 FR 23858, 23898, and 23915), based on the three most
recent years of monitoring data (2001-2003), consistent with 40 CFR
51.903(a).
As a moderate nonattainment area for the 1997 8-hour ozone NAAQS,
the St. Louis (MO-IL) area had an applicable attainment date of June
15, 2010, as required by 40 CFR 51.903(a) Table 1. Pursuant to section
181(b)(2) of the CAA, EPA is required to make a determination as to
whether the St. Louis area attained the standard as of its applicable
attainment date. This determination is based on the area's design value
as of the attainment date, which in turn is based on the three most
recent years of air quality data (2007-2009) prior to the attainment
date.
III. What was the air quality in the St. Louis area for the 1997 8-hour
ozone NAAQS for the 2007-2009 monitoring period?
Today's rulemaking assesses whether the St. Louis area attained the
1997 8-hour ozone NAAQS by its applicable attainment date of June 15,
2010. Under EPA regulations at 40 CFR 50.15, the 1997 8-hour primary
and secondary ozone ambient air quality standards are met at an ambient
air quality monitoring site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm, as determined in accordance with 40 CFR part
50, Appendix I. Based on the rounding convention set forth in section
2.3 of Appendix I, the smallest value that is greater than 0.08 ppm is
0.085 ppm.
EPA has reviewed the ambient air monitoring data for the St. Louis
area for the 1997 8-hour ozone NAAQS, consistent with requirements
contained at 40 CFR part 50. EPA's review focused primarily on data
recorded in the EPA Air Quality System (AQS) database for the St. Louis
area for 2007-2009.
Table 1 shows the 2007-2009 and 2008-2010 ozone design values for
the St. Louis area monitors with complete, quality-assured and
certified data for that period. All data values are expressed in ppm.
As shown in Table 1, all of these monitors recorded ozone design values
less than 0.085 ppm for 2007-2009 and 2008-2010, with the highest value
at any monitor in the area, 0.078 ppm, recorded at the West Alton
monitor.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis Area Monitors With Complete Data
(2007-2009) and (2008-2010)
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2007 2008 2009 2010 2007-2009 2008-2010
4th 4th 4th 4th Design Design
State County Monitor High High High High value value (ppm)
(ppm) (ppm) (ppm) (ppm) (ppm) *
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Illinois............................. Jersey.................. Jerseyville 17-083-1001.. 0.075 0.069 0.068 0.072 0.070 0.069
Madison................. Alton 17-119-0008........ 0.081 0.068 0.067 0.080 0.072 0.071
Maryville 17-119-1009.... 0.087 0.070 0.074 0.074 0.077 0.072
Wood River 17-119-3007... 0.086 0.067 0.066 0.070 0.073 0.067
St. Clair............... East St. Louis 17-163- 0.077 0.064 0.069 0.072 0.070 0.068
0010.
Missouri............................. St. Charles............. West Alton 29-183-1002... 0.089 0.076 0.071 0.084 0.078 0.077
Orchard Farm 29-183-1004. 0.083 0.072 0.073 0.077 0.076 0.074
St. Louis............... Maryland Heights 29-189- 0.094 0.069 0.070 0.076 0.077 0.071
0014.
Pacific 29-189-0005...... 0.085 0.064 0.064 0.069 0.071 0.065
St. Louis City.......... Blair Street 29-510-0085. 0.087 0.073 0.065 0.071 0.075 0.069
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*Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007-2009 data, the 2010 data shows that all monitors
in the St. Louis area continued to attain the NAAQS in 2008-2010.
As shown above in Table 1, there were ten monitoring sites with
complete data during the 2007-2009 monitoring period. Data are
considered to be sufficient for comparison to the NAAQS if three
consecutive complete years of
[[Page 5212]]
data exist. These ten monitoring sites with complete data provide an
adequate basis for EPA to determine that the area has attained the
NAAQS. See 40 CFR Part 58, Appendix D for network design criteria.\1\
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\1\ The monitoring network for the 2007-2009 monitoring period
met and exceeded the minimum criteria for ozone monitoring in 40 CFR
part 58, Appendix D.
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Based on its evaluation of complete quality assured and certified
data from the relevant monitoring sites for the 2007-2009 monitoring
period, EPA believes that the St. Louis area attained the 1997 8-hour
ozone NAAQS by the June 15, 2010 attainment date.
Two additional monitors have recorded data that are not considered
as complete for the 2007-2009 monitoring period. Pertinent data from
these sites are shown in Table 2.
Table 2--Annual Fourth-Highest Daily Maximum 8-hour Ozone Concentrations and 3-Year Averages in ppm for the St.
Louis Area Monitors With Incomplete Data
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2007 2008 2009 2010
4th 4th 4th 4th 2008-2010
State County Monitor high high high high average
(ppm) (ppm) (ppm) (ppm) (ppm)
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Missouri..................... Jefferson...... Arnold & 0.087 ....... ....... ....... ...........
Tenbrook 29-
099-0012.
Arnold West 29- ....... 0.070 0.070 0.077 0.072
099-0019.
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The Arnold and Tenbrook site was discontinued after the 2007 ozone
season because it no longer met siting criteria in 40 CFR 58.14(c)(6)
and section 5 of Appendix E to Part 58, due to trees in the immediate
vicinity of the site. The Arnold West site replaced the discontinued
monitor and began operation in the 2008 ozone season. The Missouri
Department of Natural Resources requested, and EPA approved, the
discontinuation of the Arnold & Tenbrook monitor. The siting of the
replacement monitor at the Arnold West site was approved in the 2008
annual network plan as a more optimal location with respect to meeting
the siting criteria in 40 CFR Part 58, including the criteria in
section 5 of Appendix E.\2\ The two sites are located within two miles
of each other, and if data from the Arnold and Tenbrook monitor was
combined with data from the Arnold West monitor, the resulting 2007-
2009 design value would attain the 1997 8-hour ozone NAAQS at 0.075
ppm.
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\2\ The MDNR did not request that the data from the discontinued
monitor and the replacement monitor be combined.
Table 3--Design Values for Incomplete Data Monitors Compared to Highest Monitors in the St. Louis Area, 2000-2010
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2000-2002 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 2006-2008 2007-2009 2008-2010
Design Design Design Design Design Design Design Design Design
value value value value value value value value value
(ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm) (ppm)
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Incomplete Data Monitors........ Arnold & Tenbrook 0.086 0.087 0.081 0.081 0.080 0.086 ......... ......... .........
29-099-0012.
Arnold West 29-099- ......... ......... ......... ......... ......... ......... ......... ......... 0.072
0019.
Design Value Monitors........... West Alton 29-183- 0.090 0.091 0.089 0.085 0.085 0.089 0.085 0.078 0.077
1002.
Orchard Farm 29-183- 0.090 0.092 0.088 0.086 0.086 0.089 0.082 0.076 0.074
1004.
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Table 3 lists data over the last ten years for the monitors with
incomplete data in comparison with the monitors that determine the
design value for the St. Louis area. The design value monitor for any
three year period is the monitor recording the highest levels out of
all the monitors in the nonattainment area. The design values are used
to compare against the NAAQS. Table 3 illustrates that the Arnold and
Tenbrook and Arnold West monitor's three year monitoring averages in
all cases have been below the design value monitor for the area. It
also shows the continued decrease in overall ozone levels over this
period. Although the data from these monitors are used for comparison
to the 8-hour ozone NAAQS, the table demonstrates they are not the
monitors that would set the design value for the area. The other
monitors for the area, including the monitors which have historically
set the design value for the area, all have complete data and recorded
attainment of the 1997 8-hour ozone NAAQS during the 2007-2009 period,
as discussed above and shown in Table 1. Therefore, EPA believes it is
reasonable to conclude that the area met the NAAQS based on complete
data from the ten monitors recording values during the 2007-2009
period.
EPA finds that Missouri and Illinois have exercised diligence in
monitoring in the St. Louis area, and have worked cooperatively with
EPA in evaluating and seeking approval for monitor closures and moves.
EPA's review of monitoring data from the 2007-2009 monitoring
period is supported by corroborating data from 2010 and shows that the
St. Louis area attained the 1997 8-hour ozone NAAQS by its applicable
attainment date of June 15, 2010.
IV. What is the proposed action?
This action proposes to determine that the St. Louis area attained
the 1997 8-hour ozone NAAQS by its applicable attainment date of June
15, 2010, pursuant to CAA section 181(b)(2).
[[Page 5213]]
V. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and would not impose additional requirements beyond those
imposed by state law. 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);
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 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 determination that the St. Louis area
attained the 1997 8-hour ozone NAAQS by its applicable attainment date
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), because the SIPs are not approved to
apply in Indian country located in the states, 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, ozone, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 19, 2012.
Karl Brooks,
Regional Administrator, Region 7.
Dated: January 25, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2336 Filed 2-1-12; 8:45 am]
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