[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Proposed Rules]
[Pages 24436-24440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9811]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0347; FRL-9662-9]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Milwaukee-Racine Nonattainment Area; Determination of
Attainment for the 2006 24-Hour Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Milwaukee-Racine,
Wisconsin area has attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality Standard (NAAQS). This
proposed determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data, from the 2008-
2010 monitoring period, supplemented by statistical analysis of these
data, showing that the area has monitored attainment of the 2006 24-
hour PM2.5 NAAQS. Data available to date for 2011 are
consistent with continued attainment. On March 7, 2011, the Wisconsin
Department of Natural Resources (WDNR) requested that EPA approve its
request for a determination that the Milwaukee-Racine area has attained
the standard. If EPA finalizes this proposed determination, the
requirement for the State of Wisconsin
[[Page 24437]]
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 standard shall be
suspended for so long as the area continues to attain the 2006 24-hour
PM2.5 NAAQS.
DATES: Comments must be received on or before May 24, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0347, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance 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-
2011-3047. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
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. 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
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 www.regulations.gov or in hard copy at the 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 Gilberto Alvarez, Environmental
Scientist, at (312) 886-6143 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143,
[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 action is EPA taking?
II. What is the background for this action?
III. What is EPA's analysis of the Relevant Air Quality Data?
IV. How did EPA address missing data?
V. Proposed Action
VI. What is the effect of this action?
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the Milwaukee-Racine area has
attained the 2006 24-hour PM2.5 NAAQS. This proposed
determination is based upon quality-assured, quality controlled, and
certified ambient air monitoring data, from the 2008-2010 monitoring
period, supplemented by an analysis of whether two sites that were shut
down at the end of 2009 would likely have shown attainment had they
continued operating. Data in the EPA Air Quality System database
available for 2011 are consistent with continued attainment.
II. What is the background for this action?
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. On November 13, 2009, EPA
designated the Milwaukee-Racine area as nonattainment for the 2006 24-
hour standard (74 FR 58688). 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 a determination that an area has attained the
PM2.5 standards. While 40 CFR 51.1004(c) was promulgated as
part of a set of regulations addressing PM2.5 NAAQS
promulgated in 1997, EPA believes that the same approach is warranted
with respect to the PM2.5 NAAQS promulgated in 2006.
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 Clean Air Act (CAA). EPA and
state air quality agencies initiated the monitoring process for the
PM2.5 NAAQS in 1999 and began operating a full set of 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 Milwaukee-Racine area was designated
nonattainment for the 2006 24-hour PM2.5 NAAQS (see 40 CFR
part 81). On March 7, 2011, the WDNR requested that EPA approve its
request for a determination that the area has attained the standard,
based upon data from the 2008-2010 monitoring period.
[[Page 24438]]
III. What is EPA's analysis of the Relevant Air Quality Data?
Today's proposed rulemaking assesses whether the Milwaukee-Racine
PM2.5 nonattainment area is attaining the 2006 24-hour
PM2.5 NAAQS, based on the most recent three years of
quality-assured data. The area is defined at 40 CFR 81.350, and
comprises Milwaukee, Racine and Waukesha Counties.
Under EPA regulations at 40 CFR 50.7, 24-hour primary and secondary
PM2.5 standards are met when the 98th percentile 24-hour
concentrations, as determined in accordance with appendix N of this
part, is less than or equal to 35 [mu]g/m\3\.
Milwaukee-Racine Air Quality
EPA has reviewed the ambient air monitoring data for the Milwaukee-
Racine area in accordance with the provisions of 40 CFR Part 50,
appendix N. All data considered have been quality-assured, certified,
and recorded in EPA's Air Quality System database. This review
addresses air quality data collected in the three-year period from 2008
to 2010, as well as additional data representing three of four quarters
in 2011.
The following table provides 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 Milwaukee-Racine nonattainment monitors
with data for the years 2008-2010.
Table 1--Milwaukee-Racine Area 24-Hour PM2.5 98th Percentile Concentrations and Design Values From 2008-2010 (in
[mu]g/m\3\)
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24-Hour 98 Percentile FRM PM2.5 concentration Resulting
Site name Site No. ------------------------------------------------ design value
2008 2009 2010 *
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Milw-DNR SERHQ.................. 550790026 27.5 39.0 31.9 33
Waukesha........................ 551330027 29.9 32.0 35.9 33
Milw-16th CHC................... 550790010 27.3 39.1 30.9 32
Milw-FAA/College Ave............ 550790058 26.9 33.0 35.3 31
Virginia Street................. 550790043 27.4 41.7 ** 35
Wells Street.................... 550790099 29.0 40.3 ** 35
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* Design Values were developed in accordance with 40 CFR part 50 appendix N; FRM--Federal Reference Method.
** Indicates incomplete data due to monitor shut down.
IV. How did EPA address missing data?
Appendix N of 40 CFR part 50 sets forth data handling conventions
and computations necessary for determining whether areas have met the
PM2.5 NAAQS, including requirements for data completeness. A
monitor meets data completeness requirements when at least 75 percent
of the scheduled sampling days of each quarter have valid data. 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 as set forth at 40 CFR part 50, appendix N, section 4.1(c).
As part of their annual monitoring network review and to save
resources, WDNR discontinued two monitoring sites (Site Numbers
550790043 and 550790099) on December 31, 2009, resulting in incomplete
data for those two sites for 2010. Data from Milwaukee area monitors
are shown in Table 1. When Wisconsin requested to shut down two
monitors, four of the six monitors within the Milwaukee-Racine area
were violating the 2006 24-hour PM2.5 NAAQS, including the
two sites WDNR requested to shut down. In 2010, the remaining two
violating sites in Milwaukee had data showing that they attained the
2006 24-hour PM2.5 NAAQS for the 2008-2010 monitoring
period. However, because the two sites which were shut down at the end
of 2009 were also violating, EPA needed to determine if those two sites
would likely have met the 2006 24-hour PM2.5 NAAQS if they
had continued operating. The approach summarized in this section, and
further described in the Technical Support Document (TSD), may or may
not be appropriate for other areas with less than complete data. EPA
will evaluate the appropriateness of this analytical approach for each
area with less than complete data on a case-by-case basis. The analysis
described below is similar to analyses conducted for other areas, such
as the West Virginia/Kentucky/Ohio Huntington-Ashland Nonattainment
Area, except that the analysis presented here is addressing the 24-hour
PM2.5 NAAQS as opposed to the annual PM2.5 NAAQS
(76 FR 27290).
Monitoring Network
EPA has determined that the 2006 PM2.5 monitoring
network for Milwaukee-Racine nonattainment area is adequate, even
though two monitors have been shut down. The area currently has four
monitoring locations. Under 40 CFR part 58, appendix D, a minimum of
three monitors is required. While the area meets the minimum
requirements, EPA and the State recognize that more monitors are often
necessary to adequately characterize air quality. Therefore, EPA has
requested that WDNR re-establish one monitor (Site Number 550790099).
This monitor has been placed back into service as of January 2012.
Nevertheless, EPA believes that sufficient data are currently available
to determine whether the Milwaukee-Racine area is attaining the
standard.
Methodology
In situations like those in Milwaukee, where there are missing or
incomplete data due to monitor shutdown or other factors, EPA believes
that it is often appropriate to use historical data along with
statistical techniques to impute missing data, use those imputed data
to estimate the three-year design value that would likely have occurred
if complete data had been obtained, and thereby determine if the
monitor in question would likely have met the NAAQS.
The statistical technique in this case required comparing the two
monitoring sites with missing 2010 data against a comparison monitor
which is in the general vicinity of the sites with missing data. The
comparison monitor is usually the highest correlated site based on
historical data. For this reason, the two sites which were shut down
(Site Numbers 550790043 and 550790099) were compared with an active
monitoring site (Site Number 550790026). These monitors are located
within 3 miles and 2 miles, respectively, of the comparison monitor.
A review of historical data for the four monitors that were
violating the 24-hour PM2.5 NAAQS in the area shows that the
[[Page 24439]]
98th percentiles from the two discontinued monitors generally tracked
the other two violating monitors well, in that all four sites had 98th
percentiles that rose and fell with each other, especially during the
period from 2007 and continuing through 2009. If this pattern continued
into 2010, there is a strong statistical likelihood, as discussed
below, that the two discontinued monitors would have had 98th
percentile values that would have been less than those seen in 2009. If
2010 were consistent with 2007 through 2009, the 98th percentile
concentrations for the two missing monitors would be below the design
value, which would have resulted in the two sites showing attainment.
As part of the analysis of the missing data, a set of statistical
regression techniques were used to provide further information
regarding the two discontinued monitors' attainment status. The method
used to determine the design value for the two discontinued monitors
involves establishing a statistical relationship between data for those
two monitors (Site Numbers 550790043 and 550790099) and for the monitor
which was best correlated with these monitors and remained in operation
(in this analysis, Site Number 550790026). A regression equation was
used to estimate values to fill in for the missing data from the
discontinued monitors. This analysis provided a ``best estimate''
design value for the two sites without 2010 data.
The estimated design values were then analyzed using a
bootstrapping statistical method, intended to assess the 2010
concentrations that would have been expected at the sites without 2010
monitoring data had there been random observed associations between the
shutdown sites and the comparison site according to the pre-2010 data
base. Bootstrapping involves the use of regression residuals and
repeating the regression analysis 1,000 times. EPA accepts a monitor as
meeting the standard when at least 90% of the bootstrapped design
values meet the standard. After extensive statistical analysis, the
percentage of bootstrapping results that met the 2006 24-hour
PM2.5 NAAQS of 35 [mu]g/m\3\ were consistently at or above
90%.
Therefore, EPA proposes to conclude that both discontinued monitors
would have attained the NAAQS, along with the two monitors which
remained in operation. Data available to date for 2011 are consistent
with continued attainment.
V. Proposed Action
EPA is proposing to determine that the Milwaukee-Racine
nonattainment area has attained the 2006 24-hour PM2.5
NAAQS. This proposed determination is based on the analysis presented
in the previous section, and because the 2008-2010 design value at each
monitor in the Milwaukee-Racine nonattainment area is at or less than
the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\. This review
addresses air quality data collected in the three-year period from 2008
to 2010, as well as additional data representing three of four quarters
in 2011.
Pursuant to section 40 CFR 51.1004(c), applicable to the
PM2.5 standards, if EPA finalizes this proposed
determination, it will suspend the requirements for WDNR to submit for
this area an attainment demonstration and associated RACM/RACT, RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 2006 24-hour PM2.5 NAAQS for as long as
the area continues to attain the 2006 24-hour PM2.5 NAAQS.
VI. What is the effect of this action?
Pursuant to section 40 CFR 51.1004(c), if EPA finalizes this
proposed determination for the Milwaukee-Racine nonattainment area, it
would suspend the requirements for the State to submit an attainment
demonstration and RACM (including RACT), RFP, contingency measures, and
any other planning SIPs related to attainment of the 2006 24-hour
PM2.5 NAAQS, and continue until such time, if any, that EPA
subsequently determines that the area has violated the 2006 24-hour
PM2.5 NAAQS. Furthermore, as described below, any such final
determination would not be equivalent to the redesignation of the area
to attainment based on 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 for the pertinent area, and WDNR
would have to address the relevant requirements for that area. EPA's
proposed determination, that the air quality data show attainment of
the 2006 24-hour PM2.5 NAAQS, is not equivalent to the
redesignation of the area to attainment. This action would not
constitute a redesignation to attainment under 107(d)(3) of the CAA,
because EPA would not yet have an approved maintenance plan for the
area as required under 175A of the CAA, nor would it 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 approves all
remaining requirements and determines that the area meets the CAA
requirements for redesignation to attainment.
This action is limited to a determination that the Milwaukee-Racine
area has attained the 2006 24-hour PM2.5 NAAQS. The 2006
PM2.5 NAAQS, which became effective on December 18, 2006 (71
FR 61144) are set forth at 40 CFR 50.13.
VII. Statutory and Executive Order Reviews
This action proposes to make a determination 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, 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
[[Page 24440]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994). In addition, this proposed 2006
24-hour PM2.5 clean NAAQS data determination for the
Milwaukee-Racine, Wisconsin 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-9811 Filed 4-23-12; 8:45 am]
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