[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Proposed Rules]
[Pages 12302-12305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5048]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR part 52
[EPA-R05-OAR-2010-0034; FRL-9276-1]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Missouri; Saint Louis Nonattainment Area; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Saint Louis PM2.5 nonattainment area in
Illinois and Missouri has attained the 1997 annual fine particle
(PM2.5) National Ambient Air Quality Standard (NAAQS). This
proposed determination of attainment is based upon complete, quality
assured, quality controlled, and certified ambient air monitoring data,
from the 2007-2009 monitoring period, which show that the Saint Louis
area has monitored attainment of the 1997 annual PM2.5
NAAQS. EPA also evaluated incomplete data from this period from other
monitors in the area, as well as preliminary data available to date for
2010. EPA believes these data support the determination that the area
has attained the 1997 annual PM2.5 NAAQS. If this proposed
determination is made final, the requirements for this area to submit
an attainment demonstration, associated reasonably available control
measures (RACM) to include reasonably available control technology
(RACT), a reasonable further progress plan, contingency measures, and
other planning State Implementation Plans (SIPs) revisions related to
attainment of the 1997 annual PM2.5 NAAQS shall be suspended
for so long as the area continues to attain the 1997 annual
PM2.5 NAAQS.
EPA's determination that this area has attained the 1997 annual
PM2.5 NAAQS is not equivalent to redesignating the area to
attainment. This action does not constitute a redesignation to
attainment under section 107(d)(3) of the Clean Air Act (CAA) because
the States of Missouri and Illinois have not yet submitted, and EPA has
not yet approved, a maintenance plan for the area as required under
that section and section 175A of the Act, nor has EPA promulgated a
determination that the area has met other requirements for
redesignation. The designation status of the area will remain
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that this area meets the CAA requirements for
redesignation to attainment.
DATES: Comments must be received on or before April 6, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0034, 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-
2010-0034. 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
[[Page 12303]]
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
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 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
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 Matt Rau, Environmental Engineer, at
(312) 886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected]. You may also
contact Tracey Casburn, Air Planning and Development Branch,
Environmental Protection Agency, Region 7, 901 North Fifth Street,
Kansas City, Kansas 66101, (913) 551-7016, [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 proposing?
II. What is the background of this action?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of this action?
V. Statutory and Executive Order Reviews
I. What action is EPA proposing?
The EPA is proposing to determine that the Saint Louis
PM2.5 nonattainment area in the States of Missouri and
Illinois has attained the 1997 annual PM2.5 NAAQS. The
proposed determination is based upon complete, quality assured, quality
controlled, and certified ambient air monitoring data from the 2007-
2009 monitoring period which show that the Saint Louis area has
monitored attainment of the 1997 annual PM2.5 NAAQS.
Additional data from area monitors with incomplete data for this period
(due for example to monitor closure) and also uncertified data
available to date for 2010 support this determination.
II. What is the background for this action?
On July 18, 1997 (62 FR 36852), EPA established a health-based
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, and a 24-hour standard of 65 [mu]g/m\3\ based on a 3-
year average of the 98th percentile of 24-hour concentrations.
EPA established the standards based on significant evidence and
numerous health studies demonstrating that serious health effects are
associated with exposures 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 CAA, 42 U.S.C. 7406(d)(1). EPA
and State air quality agencies generally initiated the monitoring
process for the 1997 PM2.5 NAAQS in 1999, and implemented a
full network of air quality monitors by January 2001.
On January 5, 2005, in the Federal Register (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. EPA designated 39 areas as
nonattainment for the 1997 annual PM2.5 NAAQS including the
bi-state Saint Louis area (see 40 CFR part 81). These designations
became effective on April 5, 2005. The Missouri portion of the Saint
Louis PM2.5 nonattainment area includes the counties of
Franklin, Jefferson, Saint Charles, Saint Louis, and the City of Saint
Louis. The Illinois portion of the Saint Louis PM2.5
nonattainment area includes the counties of Madison, Monroe, Randolph
(Baldwin Township only) and Saint Clair. See 40 CFR 81.314 (Illinois)
and 40 CFR 81.326 (Missouri).
In 2006, after thorough review of the 1997 PM standards, EPA
retained the 1997 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 Saint Louis
area as attaining the 2006 24-hour standard (74 FR 58688). In that
action, EPA also clarified the designations for the NAAQS promulgated
in 1997, stating that the Saint Louis area remained designated
nonattainment for the 1997 annual PM2.5 standard, but was
attainment for the 1997 24-hour standard. Thus today's action does not
address attainment of either the 1997 or the 2006 24-hour standards.
In response to legal challenges of the annual standard promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(D.C. 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 (D.C. Cir. 2009). EPA notes,
however, that since 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), the EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the EPA provided guidance for state and tribal
plans to implement the 1997 annual PM2.5 NAAQS. This rule,
at 40 CFR 51.1004(c), establishes certain regulatory consequences of a
determination of attainment of the standard.
III. What is EPA's analysis of the relevant air quality data?
Today's rulemaking assesses whether the Saint Louis area is
attaining the 1997 annual PM2.5 standard. 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
[[Page 12304]]
determined in accordance with 40 CFR part 50, Appendix N, is less than
or equal to 15.0 [mu]g/m\3\ at all relevant monitoring sites in the
area.
The EPA has reviewed the ambient air quality monitoring data in the
Saint Louis area 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 Saint Louis
PM2.5 nonattainment area from 2007 to 2009, and
supplementally considered data recorded before and after that period.
Table 1 shows the 2007 to 2009 design values (i.e., the 3-year
average of annual mean PM2.5 concentrations) for the 1997
annual PM2.5 NAAQs for the Saint Louis PM2.5
nonattainment area monitors with complete data for that period. All
data values are expressed in micrograms per meter cubed.
Table 1--Annual PM2.5 Design Values for Saint Louis Area Monitors With Complete Data for 2007 to 2009
----------------------------------------------------------------------------------------------------------------
Monitoring site Annual design value
State County Monitor name 2007-2009
----------------------------------------------------------------------------------------------------------------
IL.......................... Madison........ 17-119-1007 23rd and 14.1
Madison.
17-119-2009 1700 Annex St.. 12.5
17-119-3007 54 N. Walcott.. 12.5
Randolph....... 17-157-0001 ............... 11.4
Saint Clair.... 17-163-0010 13th and Tudor. 13.3
17-163-4001 1500 Caseyville 12.5
Ave.
MO.......................... City of Saint 29-510-0007 Broadway....... 12.8
Louis.
29-510-0085 Blair Street... 12.7
----------------------------------------------------------------------------------------------------------------
As Table 1 shows, there were eight 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% of the
scheduled sampling days. These eight monitoring sites with complete
data provide an adequate basis for EPA to determine whether the area
has attained the NAAQS. See 40 CFR part 58, Appendix D for network
design criteria.
The EPA concludes that the Saint Louis area has 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 area also
support EPA's determination that area attains the 1997 annual
PM2.5 NAAQS. A number of additional monitors have recorded
data that are not considered as complete for the three-year 2007-2009
monitoring period. Pertinent data from these sites are shown in Table
2. As shown in this table, although several of these sites shut down
recently, the most recent three years of complete data at all of these
sites showed the area to be attaining the standard, a conclusion that
is supported by the data that are available, though not complete for
2007 to 2009. Table 2 includes sites that started operation only
recently; these sites did not have a complete set of data for 2007-
2009, but the available data from that period add support to the
conclusion that the area is attaining the standard.
Table 2--PM2.5 Design Values for Saint Louis Area Sites With Incomplete Data in 2007 to 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Most recent complete
Average design value
State County Monitor value 2007- Years of operation -------------------------
2009 Value Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
IL................................... Madison................. 17-119-0024 13.6 7/07-present........... None ...........
MO................................... Jefferson............... 29-099-0012 12.9 1/99-2/08.............. 13.9 2005-2007
29-099-0019 11.1 3/08-present........... None ...........
MO................................... Saint Charles........... 29-183-1002 12.7 1/99-2/08.............. 13.3 2005-2007
MO................................... Saint Louis............. 29-189-0015 12.6 9/08-3/09.............. 12.2 2006-2008
29-189-2003 12.1 1/98-6/09.............. 12.3 2006-2008
29-189-3001 11.1 7/09-present........... None ...........
Saint Louis City........ 29-510-0086 13.1 1/99-6/07.............. 13.3 2004-2006
29-510-0087 12.8 11/99-4/09............. 13.6 2006-2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Data handling conventions and computations necessary for
determining whether areas have met the PM2.5 NAAQS,
including requirements for data completeness, are listed in Appendix N
of 40 CFR part 50. The use of less than complete data is subject to the
approval of the 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). 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 Saint Louis 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 Missouri and Illinois have exercised diligence in
monitoring in the Saint Louis area, and have worked cooperatively with
EPA in evaluating and seeking approval for monitor closures and moves.
A discussion of each of the monitors with incomplete data for the 2007-
2009 period is available in a technical support document, which is part
of the docket of this proposed rulemaking.
[[Page 12305]]
The EPA also has considered additional monitoring data for 2010
that have been submitted by the states and are in EPA's AQS. Data for
the entire 2010 calendar year are not yet certified, so EPA cannot
consider these data yet as it evaluates the annual average
concentrations. Nevertheless, EPA examined 2010 data available to date
as an indication of whether the area continues to attain the standard.
EPA believes that these data support the determination that the Saint
Louis area continues to attain the PM2.5 annual NAAQS.
The EPA's review of these data (monitoring data from the 2007-2009
monitoring period and preliminary 2010 data available to date) supports
EPA's determination that the Saint Louis PM2.5 nonattainment
area has met and continues to meet the 1997 annual PM2.5
NAAQS. EPA is soliciting comment on the issues discussed in this
document. These comments will be considered before EPA takes final
action.
IV. What are the effects of this action?
If this proposed determination is made final, under the provisions
of the PM2.5 Implementation Rule (40 CFR 51.1004(c)) the
requirements for the Saint Louis PM2.5 nonattainment area to
submit attainment demonstration, RACM (including RACT), a reasonable
further progress plan, contingency measures, and other planning SIPs
revisions related to attainment of the 1997 annual PM2.5
NAAQS shall be suspended for so long as the area continues to attain
the 1997 annual PM2.5 NAAQS.
As discussed further, the proposed determination of attainment for
the Saint Louis PM2.5 nonattainment area would, if
finalized: (1) Suspend the States' obligation for Missouri and Illinois
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, and not influence or otherwise affect,
any future designation determination or requirements for the Saint
Louis 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 the
area has 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 Missouri
and Illinois would thereafter have to address the pertinent
requirements.
This proposed approval is limited to a determination that the air
quality data show that the Saint Louis PM2.5 nonattainment
area has monitored attainment of the 1997 annual PM2.5
NAAQS; it is not equivalent to the redesignation of the Saint Louis
PM2.5 nonattainment area to attainment of the 1997 annual
PM2.5 NAAQS. This proposed action, if finalized, would not
constitute a redesignation to attainment under section 107(d)(3) of the
Clean Air Act (CAA) because the EPA would not have yet approved a
maintenance plan for the area as required under CAA section 175A, nor a
determination that the Saint Louis PM2.5 nonattainment area
has met the other requirements for redesignation under the CAA. The
designation status of the Missouri and Illinois portions of the Saint
Louis PM2.5 nonattainment area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as the EPA takes
final rulemaking action to determine that such portions meet the CAA
requirements for redesignation to attainment.
V. Statutory and Executive Order Reviews
This action proposes to make a determination 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 .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 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 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, this rule 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.
Dated: February 9, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: February 22, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-5048 Filed 3-4-11; 8:45 am]
BILLING CODE 6560-50-P