[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Pages 48690-48695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23087]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0664; FRL-8962-2]


Approval and Promulgation of Air Quality Implementation Plans; 
The Chicago and Evansville Nonattainment Areas; Determination of 
Attainment of the Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Chicago (Illinois and 
Indiana) and Evansville (Indiana) areas have attained the 1997 fine 
particle (PM2.5) National Ambient Air Quality Standard 
(NAAQS). The proposed determinations are based upon quality-assured, 
quality-controlled, and certified ambient air monitoring data that show 
that the areas have monitored attainment of the 1997 PM2.5 
NAAQS for the 2006 to 2008 monitoring period. Preliminary data for 2009 
suggest that the areas continue to monitor attainment. If these 
proposed determinations are made final, the requirements for these 
areas to submit an attainment demonstration and associated reasonably 
available control measures, a reasonable further progress plan, 
contingency measures, and other planning State Implementation Plans 
(SIPs) revisions related to attainment of the standard shall be 
suspended for so long as the areas continue to attain the 1997 
PM2.5 NAAQS.

DATES: Comments must be received on or before October 26, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0664 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) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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-
2009-0664. 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

[[Page 48691]]

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 I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the 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 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 Melissa M. Barnhart by phone 
at (312) 353-8641 or by e-mail at [email protected] before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Melissa M. Barnhart, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8641, [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 Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking?
III. What Is the Background for This Action?
IV. Does EPA Believe that the Chicago and Evansville Areas Meet the 
Annual and 24-Hour PM2.5 Standards?
    A. Criteria
    B. Chicago Area
    C. Evansville Area
V. What is the Effect of These Actions?
VI. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    2. Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Action Is EPA Taking?

    EPA is proposing to determine that the Chicago area (including 
portions in Illinois and Indiana) and the Evansville, Indiana area have 
attained the 1997 PM2.5 NAAQS. The proposed determinations 
are based upon quality-assured, quality-controlled, and certified 
ambient air monitoring data that show that the areas have monitored 
attainment of the 1997 PM2.5 NAAQS for the 2006-2008 
monitoring period. Preliminary data available to date for 2009 suggest 
that the areas continue to monitor attainment.

III. 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 three-year average of annual mean PM2.5 
concentrations, and a 24-hour standard of 65 [mu]g/m3 based on a three-
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 
107(d)(1) of the Clean Air Act (CAA). EPA and State air quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS in 1999, and developed all air quality monitors by January 2001. 
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 Chicago area (known formally as the Chicago-Gary-Lake County, IL-IN 
area) and the Evansville area were designated nonattainment for the 
1997 PM2.5 NAAQS.

IV. Does EPA Believe That the Chicago and Evansville Areas Meet the 
Annual and 24-Hour PM2.5 Standards?

A. Criteria

    This rulemaking is assessing whether the Chicago and Evansville 
PM2.5 nonattainment areas are attaining the PM2.5 
NAAQS that were promulgated in 1997. The Chicago non-attainment area 
includes portions in Illinois and portions in Indiana. The Illinois 
portion of this area is defined at 40 CFR 81.314, and the Indiana 
portion of this area as well as the Evansville area are defined at 40 
CFR 81.315.
    Under EPA regulations at 40 CFR Part 50, 50.7:
    (1) 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 [mu]g/m\3\ at all relevant monitoring sites in the subject area.
    (2) The 24-hour primary and secondary PM2.5 standards, 
as promulgated in 1997, are met when the 98th percentile 24-hour 
concentration, as determined in accordance with 40 CFR Part 50, 
Appendix N, is less than or equal to 65 [mu]g/m\3\ at all relevant 
monitoring sites in the subject area.
    In 2006, EPA revised the 24-hour PM2.5 standards to a 
level of 35 [mu]g/m\3\. However, today's rulemaking only assesses 
whether the applicable areas are attaining the 1997 standards.

B. Chicago Area

    EPA has reviewed the ambient air monitoring data for the Chicago 
area in accordance with the provisions of 40 CFR Part 50 Appendix N. 
All data considered have been recorded in EPA's Air Quality System 
(AQS) database. This review primarily addresses air quality data 
collected in the three-year period from 2006 to 2008.
    The following table provides both the annual average concentration 
and the 98th percentile 24-hour average

[[Page 48692]]

concentration averaged over 2006 to 2008 at all sites in the Chicago 
area, including sites in both Illinois and Indiana. The highest three-
year average annual concentration for 2006 to 2008 on this table is 
recorded at the Schiller Park site, site number 17-031-3103, recording 
a three-year average annual concentration of 14.6 [mu]g/m\3\. The 
highest 98th percentile 24-hour average concentration is recorded at 
the McCook site, site number 17-031-1016, recording a three-year 
average 98th percentile 24-hour average concentration of 35 [mu]g/m\3\. 
All sites in the area have three-year average annual PM2.5 
concentrations below 15.0 [mu]g/m\3\ and three-year average 98th 
percentile 24-hour average concentrations far below the 1997 standard 
of 65 [mu]g/m\3\.

             Table 1--Annual and 24-Hour Average Concentrations in the Chicago Area (in [mu]g/m\3\)
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                                                                                                      24-Hour
                         Site location                              Site No.      Annual average      average
                                                                                  concentration    concentration
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East 114th.....................................................       170310022            13.8               31
103rd & Luella.................................................       170310050            13.1               29
Mayfair Pumping Stn............................................       170310052            14.1               33
Com Ed.........................................................       170310057            13.6               31
Lawndale.......................................................       170310076            13.2               32
McCook.........................................................       170311016              **               35
Blue Island....................................................       170312001            13.3               31
Schiller Park..................................................       170313103            14.6               33
Summit.........................................................       170313301            13.5               31
Des Plaines....................................................       170314007            11.8               29
Northbrook.....................................................       170314201            11.7               30
Cicero.........................................................       170316005          *(14.1)              33
Naperville.....................................................       170434002            12.6               32
Elgin..........................................................       170890003            11.9               33
Aurora.........................................................       170890007            12.5               29
Zion...........................................................       170971007            10.6               27
Cary...........................................................       171110001            11.2               28
Joliet.........................................................       171971002            12.8               32
Wilmington.....................................................       171971011            10.7               26
E. Chicago.....................................................       180890006            13.2               31
Gary-IITRI.....................................................       180890022              **               31
Gary-Burr St...................................................       180890026              **               33
Griffith.......................................................       180890027            12.4               29
Gary Water.....................................................       180890031            13.3               31
Gary-Ivanhoe...................................................       180891003            13.3               30
Hammond-Purdue.................................................       180892004            12.7               30
Hammond-Davis St...............................................       180892010            12.9               30
Dune Acres.....................................................       181270020            12.0               29
Ogden Dunes....................................................       181270024            12.2               29
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* Data do not meet completeness requirements.
** Data are not to be compared to the annual NAAQS.

    Under 40 CFR 58.30(a)(1), for sites with data that are 
representative of relatively unique, generally localized 
concentrations, the data are compared only to the 24-hour NAAQS, not to 
the annual NAAQS. Illinois has one site and Indiana has two sites 
representing localized concentrations near industrial facilities, and 
EPA agrees with the States that data at these sites are not to be 
compared to the annual standard.\1\ Illinois has also requested that 
the Schiller Park site (site number 17-031-3103) be designated as 
collecting data that is not to be compared to the annual standard. EPA 
is not judging whether this designation is appropriate. The applicable 
regulation, at 40 CFR 58.30(a)(2), recognizes that some microscale 
sites collect data that is representative of multiple locations with 
localized high concentrations, and provides in these cases that the 
data are to be compared to the annual standard. The Schiller Park site 
is near a major highway, and the site may be representative of multiple 
locations in the Chicago area that have similar proximity to major 
highways. For this reason, the table above includes annual average 
concentrations at this site. In any case, the site shows an annual 
average concentration that meets the annual standard, so that the 
designation of this site does not influence EPA's finding that the area 
is attaining the annual standard.
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    \1\ In any case, the annual average concentrations at these 
sites averaged for 2006 to 2008 are below 15.0 [mu]g/m\3\: the 
average at Illinois' McCook site (site number 17-031-1016) is 14.7 
[mu]g/m\3\, the average at Indiana's Burr Street site (site number 
18-089-0026) is 14.9 [mu]g/m\3\, and the average at Indiana's IITRI 
site (site number 18-089-0022) is 13.7 [mu]g/m\3\.
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    Further consideration of concentrations at Cicero, site 17-031-
6005, is necessary because data at this site do not meet completeness 
requirements, and because the site monitored a violation for the most 
recent three years with complete data, i.e. 2005 to 2007. Under 40 CFR 
50 Appendix N 4.1 (addressing the annual standard), a year meets 
completeness requirements when ``at least 75 percent of the scheduled 
sampling days for each quarter has valid data.'' This site collected 
only 50 percent of its scheduled observations during the first quarter 
of 2008 and 70 percent of its scheduled observations during the fourth 
quarter of 2008.
    Under 40 CFR 50 Appendix N 4.1(c) (again with respect to annual 
averages), EPA may approve the use of less than complete data for 
purposes of comparison to the NAAQS, and ``may consider factors such as 
* * * nearby concentrations in determining whether to use such data.'' 
The following table summarizes annual average PM2.5 
concentrations for all monitors operating in the Chicago nonattainment 
area that have observed a violation of the annual standard for at least 
one

[[Page 48693]]

three-year period since 2002. These monitors are the most similar to 
the Cicero monitor and provide the most relevant information for 
assessing air quality at Cicero.

               Table 2--Annual Average Design Values for All Sites in the Chicago Area With Violating Monitors Since 2002 (in [mu]g/m\3\)
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                                                                                               Annual average design value
                 Site location                      Site No.    ----------------------------------------------------------------------------------------
                                                                 2002-2004  2003-2005  2004-2006  2005-2007     2006       2007       2008     2006-2008
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East 114th.....................................       170310022       15.0       15.6       14.8       15.3      13.23      15.73      12.54       13.8
103rd & Luella.................................       170310050       14.9       15.2       14.5       14.7      13.33      14.14      11.80       13.1
Mayfair Pumping Stn............................       170310052       15.9       16.0       15.6       15.7      14.50      15.49      12.18       14.1
Com Ed.........................................       170310057       14.9       15.3       14.6       15.1      13.51      15.18      12.03       13.6
Lawndale.......................................       170310076       14.9       15.2       14.7       14.8      13.48      14.30      11.89       13.2
Blue Island....................................       170312001       14.7       15.1       14.6       14.6      13.18      14.32      12.50       13.3
Schiller Park..................................       170313103       16.0       16.8       16.1       15.9      14.84      15.35      13.59       14.6
Summit.........................................       170313301       15.3       15.6       15.0       15.2      13.78      14.77      12.03       13.5
Cicero.........................................       170316005       16.0       16.1       15.3       15.1      14.34      14.79      13.25    * (14.1)
Gary Water.....................................       180890031  .........       16.8       15.1       14.9      13.29      14.55      12.17       13.3
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* Data do not meet completeness requirements

    EPA used multiple approaches to assess the likelihood that the 
Cicero site, had it collected complete data, would have shown 
attainment for the 2006 to 2008 period. One approach was to examine the 
relationship between concentrations at the Cicero site and 
concentrations nearby and elsewhere in the area. The Cicero site 
generally records values slightly below the values at the Schiller Park 
site; average concentrations from 2002 to 2008 are 0.4 [mu]g/m\3\ lower 
at the Cicero site than at the Schiller Park site. More generally, the 
concentrations at the various sites in the Chicago area are well 
correlated. EPA also examined quarterly average concentrations at the 
various sites; these data reinforce the point that the Cicero site is 
very likely to observe low concentrations when other sites in the area 
are observing low concentrations. This degree of correlation suggests 
that the degree of air quality improvement at the various other sites 
in the area is a good indication of the degree of air quality 
improvement likely to have occurred at the Cicero site. The other sites 
all show 2008 annual average around 2-3 [mu]g/m\3\ lower than the 2007 
annual average values, which is approximately the difference between 
the 2007 average and the average of available 2008 data found at the 
Cicero site.
    In summary, since the available 2008 data at the Cicero site show 
concentrations that are in the expected range relative to 
concentrations observed at other similar sites in the area, EPA has 
confidence that the incomplete data in 2008 at the Cicero site are 
representative of the concentrations that would likely have been found 
in a complete data set, and that the complete data set would have shown 
attainment.
    A second approach was to use the 2008 annual average from the 
Schiller Park site (a traditionally higher concentration site) in lieu 
of using data from the Cicero site for that year. This yielded a three-
year design value of 14.13 [mu]g/m\3\, indicating attainment. Thus, as 
provided for in 40 CFR 50 Appendix N 4.1(c), EPA again finds that data 
from other sites support the finding that the available data at the 
Cicero site give valid evidence that the site is attaining the 
standard.
    A third approach was a conservative data substitution analysis. For 
each sampling day in 2008 for which the Cicero site failed to collect 
data, EPA substituted the highest concentration observed on that day at 
any site in the Chicago area. This analysis yielded an upper bound 2008 
average concentration at Cicero of 14.11 [mu]g/m\3\, somewhat higher 
than the 13.25 [mu]g/m\3\ found with incomplete data. Using this upper 
bound estimate for 2008, the upper bound estimate for the 2006 to 2008 
average concentration at the Cicero site is 14.4 [mu]g/m\3\. For these 
reasons, EPA is confident that if the Cicero site had collected 
complete data in 2008, it would have resulted in a design value that 
would have been below 15 [mu]g/m\3\. Thus, EPA believes air quality at 
this site, as well as at other sites in the area, is meeting the annual 
air quality standard.
    In accordance with Appendix N and standard EPA practice, this 
review is based on the three most recent years of data, i.e., data from 
2006 to 2008. Appendix N does not provide for examining partial years 
of data, because various seasons of the year reflect various influences 
on PM2.5 concentrations, and a partial year's data may not 
be representative of values that would be determined from a full year's 
data set. Nevertheless, EPA examined data from the first half of 2009. 
For each site, the average of available 2009 data is at or below the 
average for corresponding periods in 2006 to 2008, and the 98th 
percentile of available 24-hour average concentrations is again more 
than 30 [mu]g/m\3\ below the pertinent standard. Therefore, the 
available data for 2009 are consistent with the finding, based on 2006 
to 2008 data, that the Chicago area is attaining the 1997 
PM2.5 standards.
    On the basis of this review, EPA has concluded that this area 
attained the 1997 PM2.5 NAAQS based on 2006-2008 data. In 
addition, monitoring data for 2009 that are available to date in the 
EPA AQS database, but not yet certified, indicate that this area 
continues to attain the 1997 PM2.5 NAAQS. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

B. Evansville Area

    EPA has reviewed the ambient air monitoring data for the Evansville 
area in accordance with the provisions of 40 CFR Part 50 Appendix N. 
All data considered have been recorded in EPA's AQS database. This 
review primarily addresses air quality data collected in the three-year 
period from 2006 to 2008.
    The highest annual average PM2.5 concentration in the 
Evansville nonattainment area for the 2006-2008 monitoring period is 
13.7 [mu]g/m\3\, which occurs both at the Jasper Golf site (site 18-
037-0005, in Dubois County) and at

[[Page 48694]]

the Evansville/West Mill Road site (site 18-163-0012, in Vanderburgh 
County). The Evansville area also has four additional monitors with 
data for 2006 to 2008, at which the 2006-2008 three-year average annual 
concentrations range from 13.4 to 13.6 [mu]g/m\3\. The average 98th 
percentile 24-hour concentrations range from 28 to 32 [mu]g/m\3\. Thus, 
the Evansville area is observing concentrations well below the 1997 
standards of 15.0 [mu]g/m\3\ and 65 [mu]g/m\3\, respectively. The 
following table provides annual average and 98th percentile 24-hour 
average concentrations at all sites in the Evansville area.

     Table 3--Annual and 24-Hour Average Design Values for All Sites in the Evansville Area (in [mu]g/m\3\)
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                                                                                                      24-Hour
                          Site location                              Site No.     Annual average  average design
                                                                                   design value        value
----------------------------------------------------------------------------------------------------------------
Jasper Sport....................................................       180370004            13.4              32
Jasper Golf.....................................................       180370005            13.7              31
Jasper..........................................................       180372001            13.6              30
Evansville--Civic Center........................................       181630006            13.4              30
Evansville--W. Mill.............................................       181630012            13.7              28
U. of Evansville................................................       181630016            13.6              29
----------------------------------------------------------------------------------------------------------------

    Some sites in the Evansville area did not meet the completeness 
criterion of measuring at least 75 percent of the scheduled samples. 
Under 40 CFR 50 Appendix N 4.1(c), (addressing annual averages), EPA 
may approve the use of less than complete data for purposes of 
comparison to the NAAQS, and ``may consider factors such as * * * 
nearby concentrations in determining whether to use such data.'' For 
these sites, EPA conducted a data substitution analysis, assessing 
whether the site would still have observed attainment under the 
hypothesis that the monitor on the days of missed samples might have 
recorded the highest concentration that the monitor observed during the 
applicable quarter during the 2006 to 2008 period. Both the Jasper Golf 
site and the Evansville/West Mill Road site had a quarter in 2006 to 
2008 that measured less than 75 percent complete data, but in both 
cases the substitution analysis indicates that the monitors would have 
shown attainment even with conservative assumptions about the missing 
data.
    A third site, known as the Jasper Sport Complex site (site 18-037-
004, in DuBois County), had missing data to an extent such that the 
conservative data substitution approach could not be used to confirm 
that the site is attaining the annual standard. This site began 
operation in early 2006 (January 29, 2006), and so earlier (e.g. 2005 
to 2007) three-year averages are not available. Thus, one option is for 
EPA to find that air quality at this site is indeterminate and to 
discard this site from its evaluation. The other option is for EPA to 
examine the data at this site in relation to data at other similar 
sites in the area, to judge the likelihood that the monitor would have 
shown attainment had it collected complete data. The available data at 
this site have always indicated annual average concentrations below 
15.0 [mu]g/m\3\. The available data at this site are similar to the 
data are other nearby sites in the area. Therefore, EPA believes this 
site, like the other sites in the Evansville area, is attaining the 
standard. In addition, all sites with data from 2005 to 2007 are 
showing attainment for that period as well. Therefore, EPA is confident 
that all sites in the Evansville area, including sites that did not 
meet completeness requirements, are now meeting the 1997 NAAQS.
    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 2006 to 2008. Appendix N does not provide for examining 
partial years of data, because various seasons of the year reflect 
various influences on PM2.5 concentrations, and a partial 
year's data may not be representative of values that would be 
determined from a full year's data set. Nevertheless, EPA examined data 
from the first half of 2009. For each site, the average of available 
2009 data is at or below the average for corresponding periods in 2006 
to 2008, and the 98th percentile of available 24-hour average 
concentrations is again more than 30 [mu]g/m\3\ below the pertinent 
standard. Therefore, the available data for 2009 are consistent with 
the finding, based on 2006 to 2008 data, that the Evansville area is 
attaining the 1997 PM2.5 standards.
    On the basis of this review, EPA has concluded that this area has 
met and continues to meet the 1997 PM2.5 NAAQS. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

V. What Is the Effect of These Actions?

    If these determinations are made final, under the provisions of 
EPA's PM2.5 implementation rule (see 40 CFR 51.1004(c)), the 
requirements for the Chicago and Evansville PM2.5 
nonattainment areas to submit an attainment demonstration and 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and any other planning SIPs 
related to attainment of the 1997 PM2.5 NAAQS would be 
suspended for so long as the area continues to attain the 1997 
PM2.5 NAAQS.
    As further discussed below, the proposed determinations would: (1) 
For the Chicago and Evansville nonattainment areas, suspend the 
requirements to submit an attainment demonstration and associated 
reasonably available control measures (RACM) (including reasonably 
available control technologies (RACT)), a reasonable further progress 
plan (RFP), contingency measures, and any other planning SIPs related 
to attainment of the 1997 PM2.5 NAAQS; (2) continue until 
such time, if any, that EPA subsequently determines that the area has 
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not 
influence or otherwise affect, any future designation determination or 
requirements for the Chicago and Evansville areas based on the 2006 
PM2.5 NAAQS; and (4) remain in effect regardless of whether 
EPA designates these areas as nonattainment areas for purposes of the 
2006 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 1997 PM2.5 NAAQS.
    If these rulemakings are finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that 
either or both areas have violated the 1997 PM2.5 NAAQS, the 
basis for the suspension of the specific requirements, set forth at 40

[[Page 48695]]

CFR 51.1004(c), would no longer exist for the pertinent area(s), and 
the pertinent area(s) would thereafter have to address the pertinent 
requirements.
    The determinations that EPA proposes with this action, that the air 
quality data show attainment of the 1997 PM2.5 NAAQS, is not 
equivalent to the redesignation of the areas to attainment. These 
proposed actions, if finalized, would not constitute a redesignation to 
attainment under 107(d)(3) of the CAA, because we would not yet have 
approved maintenance plans for the areas as required under 175A of the 
CAA, nor would we have determined that the areas have met the other 
requirements for redesignation. The designation status of the areas 
would remain nonattainment for the 1997 PM2.5 NAAQS until 
such time as EPA determines that the areas meet the CAA requirements 
for redesignation to attainment.
    These proposed actions, if finalized, are limited to a 
determination that the Chicago and Evansville areas have attained the 
1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS became 
effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR 
50.7. The 2006 PM2.5 NAAQS, which became effective on 
December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA is 
currently in the process of making designation determinations, as 
required by CAA 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has 
not made any designation determinations for the Chicago or Evansville 
areas based on the 2006 PM2.5 NAAQS. These proposed 
determinations, and any final determinations, will have no effect on, 
and are not related to, any future designation determination that EPA 
may make based on the 2006 PM2.5 NAAQS for the Chicago or 
Evansville areas. Conversely, any future designation determination of 
the Chicago or Evansville areas, based on the 2006 PM2.5 
NAAQS, will not have any effect on the determinations proposed by this 
action.
    If these proposed determinations are made final and the Chicago and 
Evansville areas continue to demonstrate attainment with the 1997 
PM2.5 NAAQS, the requirements for the Chicago and Evansville 
areas to submit an attainment demonstration and associated RACM, a RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS would remain suspended, 
regardless of whether EPA designates these areas as nonattainment areas 
for purposes of the 2006 PM2.5 NAAQS. Once the areas are 
designated for the 2006 NAAQS, they will have to meet all applicable 
requirements for that designation.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action proposes to make a determination based on air quality data and 
would, if finalized, result in the suspension of certain Federal 
requirements. Accordingly, the Administrator certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C 601 et 
seq.). Because this rule proposes to make a determination based on air 
quality data, and would, if finalized, result in the suspension of 
certain Federal requirements, it 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).
    This proposed rule also does not have Tribal implications because 
it will not have a substantial direct effect on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely proposes to make a determination based on air quality 
data and would, if finalized, result in the suspension of certain 
Federal requirements, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks'' (62 FR 19885, April 23, 
1997) because it proposes to determine that air quality in the affected 
area is meeting Federal standards.
    The requirements of 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because it 
would be inconsistent with applicable law for EPA, when determining the 
attainment status of an area, to use voluntary consensus standards in 
place of promulgated air quality standards and monitoring procedures to 
otherwise satisfy the provisions of the CAA. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paper Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Under Executive Order 12898, EPA finds that this rule, pertaining 
to the determinations of attainment of the fine particle standard for 
the Chicago (Illinois and Indiana) and Evansville (Indiana) areas, 
involves proposed determinations of attainment based on air quality 
data and will not have disproportionately high and adverse human health 
or environmental effects on any communities in the area, including 
minority and low-income communities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: September 16, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9-23087 Filed 9-23-09; 8:45 am]
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