[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8571-8573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3829]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0705; A-1-FRL-9118-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Providence (All of 
Rhode Island) moderate 1997 8-hour ozone nonattainment area has 
attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) 
for ozone. This determination is based upon complete, quality-assured, 
certified ambient air monitoring data that shows the area has monitored 
attainment of the 8-hour ozone NAAQS for the 2006-2008 monitoring 
period. In addition, preliminary ozone data for 2009 show the area 
continues to attain the 1997 8-hour ozone NAAQS. If this proposed 
determination is made final, under the provisions of EPA's ozone 
implementation rule, the requirements for this area to submit an 
attainment demonstration, a reasonable further progress plan, 
contingency measures, and other planning State Implementation Plans 
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended 
for so long as the area continues to attain the 1997 ozone NAAQS.

DATES: Written comments must be received on or before March 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2009-0705 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2009-0705,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.

[[Page 8572]]

    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2009-0705. 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 through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected. 
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.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 5 Post Office 
Square, Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, e-
mail [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Providence (All of Rhode 
Island) moderate 8-hour ozone nonattainment area (hereafter the Rhode 
Island (RI) area) has attained the 1997 8-hour NAAQS for ozone. This 
determination is based upon complete, quality-assured and certified 
ambient air monitoring data that show the area has monitored attainment 
of the 1997 ozone NAAQS for the 2006-2008 monitoring period. In 
addition, preliminary ozone data for 2009 show this area continues to 
attain the 1997 ozone NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (see 40 CFR Section 51.918), the requirements 
for the Rhode Island moderate ozone nonattainment area to submit an 
attainment demonstration, a reasonable further progress plan, section 
172(c)(9) contingency measures, and any other planning State 
Implementation Plans (SIPs) related to attainment of the 1997 8-hour 
ozone NAAQS would be suspended for so long as the area continues to 
attain the ozone NAAQS. As discussed further below, this action also 
affects the Federal Implementation Plan (FIP) clock started for Rhode 
Island in 2008. This proposed action, if finalized, would not 
constitute a redesignation to attainment under the Clean Air Act (CAA) 
section 107(d)(3), because we would not yet have an approved 
maintenance plan for the area as required under section 175A of the 
CAA, nor a determination that the area has met the other requirements 
for redesignation. The classification and designation status of the 
area would remain moderate nonattainment for the 1997 8-hour ozone 
NAAQS until such time as EPA determines that the area meets the CAA 
requirements for redesignation to attainment.
    For the Rhode Island area, EPA started a FIP clock on March 24, 
2008 (73 FR 15416) for failure to submit attainment demonstration and 
Reasonable Further Progress (RFP) SIPs. That same notice also started a 
highway sanctions clock and an offset sanctions clock for Rhode Island. 
This proposed action, if finalized, will stay the FIP clock started on 
March 24, 2008, for both the attainment demonstration and the RFP SIP. 
The highway and offset sanctions clocks were previously stopped for 
these areas since Rhode Island submitted the required SIPs and EPA has 
determined them complete. If the area subsequently violates the 8-hour 
standard before it is redesignated to attainment, the FIP clock would 
restart for Rhode Island for these SIPs.
    If this determination of attainment is finalized and EPA 
subsequently determines, after notice-and-comment rulemaking in the 
Federal Register, that the area has violated the 1997 8-hour ozone 
standard, the basis for the suspension of these requirements would no 
longer exist, and the area would thereafter have to address the 
pertinent CAA requirements.

III. What Is the Background for This Action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. The entire 
state of Rhode Island was designated as a moderate ozone nonattainment 
area. Recent air quality data, however, indicate that the Rhode Island 
area is now attaining the 1997 8-hour ozone standard.

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    The EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR part 50 and 
recorded in the AQS database, for Rhode Island, from 2006 through 2008. 
On the basis of that review, EPA has concluded that the area

[[Page 8573]]

attained the 1997 8-hour ozone standard at the end of the 2008 ozone 
season, based on three years of complete, quality-assured and state-
certified 2006-2008 ozone data. In addition, preliminary ozone data for 
2009, show the area continues to attain the 1997 8-hour ozone NAAQS.
    Under EPA regulations at 40 CFR Part 50, the 1997 8-hour ozone 
standard is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations at an ozone 
monitor is less than or equal to 0.08 parts per million (ppm) (i.e., 
0.084 ppm, based on the rounding convention in 40 CFR part 50, Appendix 
I). This 3-year average is referred to as the design value. When the 
design value is less than or equal to 0.084 ppm at each monitor within 
the area, then the area is meeting the NAAQS. (See 69 FR 23857 (April 
30, 2004) for further information.) Also, the data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90%, and no single year has less than 
75% data completeness as determined in Appendix I of 40 CFR part 50.
    Table 1 shows the fourth-highest daily maximum 8-hour average ozone 
concentrations for the Rhode Island nonattainment area monitors for the 
years 2006-2008, and the ozone design values for these same monitors 
based on 2006-2008.

                 Table 1--Fourth-High 8-Hour Ozone Average Concentrations and Design Values (Parts per Million) in the Rhode Island Area
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                                                                                                                                                Design
                      State                           Site ID                Site location              4th high     4th high     4th high   value (2006-
                                                                                                          2006         2007         2008        2008)
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RI..............................................       440030002  West Greenwich....................        0.079        0.089        0.074        0.080
RI..............................................       440071010  East Providence...................        0.081        0.088        0.077        0.082
RI..............................................       440090007  Narragansett......................        0.081        0.083        0.081        0.081
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    EPA's review of these data indicates that the Rhode Island ozone 
nonattainment area has met the 1997 8-hour ozone NAAQS. In addition, 
preliminary ozone data for 2009, show the area continues to attain the 
1997 8-hour ozone NAAQS.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters pertaining to this rulemaking 
action. These comments will be considered before EPA takes final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting written comments to the EPA New England 
Regional Office listed in the ADDRESSES section of this Federal 
Register.

V. Proposed Action

    EPA is proposing to determine that the Rhode Island 1997 8-hour 
ozone moderate nonattainment area has attained the 1997 8-hour ozone 
standard, based on complete, quality-assured data through 2008, and 
preliminary data for 2009 indicating continuing attainment. As provided 
in 40 CFR Section 51.918, if EPA finalizes this determination, it would 
suspend the requirements for Rhode Island to submit planning SIPs 
related to attainment of the 1997 8-hour ozone NAAQS for this area, for 
so long as the area continues to attain the standard.

VI. 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 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 the 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 12, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2010-3829 Filed 2-24-10; 8:45 am]
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