[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Proposed Rules]
[Pages 33562-33565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0203-201020; FRL-9161-4]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Alabama: 
Birmingham; Determination of Attaining Data for the 2006 24-Hour Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Birmingham, Alabama, 
nonattainment area for the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS) has 
attained the 2006 24-hour PM2.5 NAAQS. This proposed 
determination is based upon complete, quality assured, quality 
controlled, and certified ambient air monitoring data for the years 
2007-2009 showing that this area has monitored attainment of the 2006 
24-hour PM2.5 NAAQS. If this proposed determination is made 
final, the requirement for the State of Alabama to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), reasonable further progress (RFP) plan, contingency measures, 
and other planning State Implementation Plans (SIPs) related to 
attainment of the 2006 24-hour PM2.5 standard for the 
Birmingham, Alabama, PM2.5 nonattainment area, shall be 
suspended for as long as this area continues to meet the 2006 24-hour 
PM2.5 NAAQS.

DATES: Written comments must be received on or before July 14, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0203 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: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-0203,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics

[[Page 33563]]

Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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 federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0203. 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 http://www.regulations.gov 
or by e-mail information that you consider to be CBI or otherwise 
protected. 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 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 information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, 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 the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. 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 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by 
phone at (404) 562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:
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 Birmingham, Alabama, 
PM2.5 nonattainment area has attained the 2006 24-hour 
PM2.5 NAAQS. This proposed determination is based upon 
complete, quality assured, quality controlled, and certified ambient 
air monitoring data for the years 2007-2009 showing that the area has 
monitored attainment of the 2006 24-hour PM2.5 NAAQS.

II. What is the effect of this action?

    As further discussed below, under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR 51.1004(c)), a final 
determination for the Birmingham, Alabama, PM2.5 
nonattainment area would: (1) Suspend the requirement for the State of 
Alabama to submit an attainment demonstration and associated RACM 
(including reasonably available control technologies), RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 2006 24-hour PM2.5 NAAQS; and (2) continue until such 
time, if any, that EPA subsequently determines that the area has 
violated the 2006 24-hour PM2.5 NAAQS. Such a determination 
would also be separate from, and not influence or otherwise affect, any 
future designation determination or requirements for the Birmingham, 
Alabama, area. Furthermore, as described below, any such final 
determination would not be equivalent to the redesignation of the area 
to attainment for 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 and the area would thereafter have to 
address pertinent requirements.
    The determination that EPA proposes with this Federal Register 
notice, if finalized, would not constitute a redesignation to 
attainment under section 107(d)(3) of the Clean Air Act (CAA). This is 
because EPA would not yet have an approved maintenance plan for the 
area as required under section 175A of the CAA, nor would EPA 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 determines that the area meets the CAA requirements for 
redesignation to attainment.
    This proposed action, if finalized, is limited to a determination 
that the Birmingham, Alabama, PM2.5 nonattainment area has 
attained the 2006 24-hour PM2.5 NAAQS. The 2006 24-hour 
PM2.5 NAAQS, which became effective on December 18, 2006 (71 
FR 61144), is set forth at 40 CFR 50.13. This proposed determination, 
and any final determination, will have no effect on any designation 
determination that EPA may make for the Birmingham, Alabama, area based 
on any future PM2.5 NAAQS. Conversely, any future 
designation determination of the Birmingham, Alabama, area will not 
have any effect on the determination proposed by this notice. In 
addition, this proposed determination, and any final determination, 
will have no effect on the status of the Birmingham, Alabama, 
nonattainment area for the 1997 annual PM2.5 standard.
    If this proposed determination is made final and the Birmingham, 
Alabama, area continues to monitor attainment with the 2006 24-hour 
PM2.5 NAAQS, the requirement for the State of Alabama to 
submit for the Birmingham, Alabama, PM2.5 nonattainment area 
an attainment demonstration and associated RACM, RFP plan, contingency 
measures, and any other planning SIPs related to attainment of the 2006 
24-hour PM2.5 NAAQS will remain suspended regardless of 
whether EPA designates this area as a

[[Page 33564]]

nonattainment area for purposes of any future PM2.5 NAAQS.

III. What is the background for this action?

    On October 17, 2006 (71 FR 61144), EPA revised the level of the 
health-based 24-hour PM2.5 NAAQS to 35 micrograms per cubic 
meter ([mu]g/m\3\) based on a 3-year average of the 98th percentile of 
24-hour concentrations. EPA also retained the 1997 annual 
PM2.5 standard at 15 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, but with tighter 
constraints on the spatial averaging criteria. 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 CAA. EPA and state air quality agencies initiated the 
monitoring process for the PM2.5 NAAQS in 1999 and began 
operating all 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 
Birmingham, Alabama, area, comprising Jefferson County, Shelby County, 
and a portion of Walker County, was designated nonattainment for the 
2006 24-hour PM2.5 NAAQS (see 40 CFR part 81). On February 
24, 2010, the State of Alabama submitted a letter to EPA requesting 
that the Agency make a determination that the Birmingham, Alabama, 
PM2.5 nonattainment area has attained the 2006 24-hour 
PM2.5 NAAQS based on data for the period 2007 through 2009.

IV. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50, as recorded in the EPA Air Quality System (AQS) database for 
the Birmingham, Alabama, 2006 24-hour PM2.5 nonattainment 
area. All data considered have been recorded in the AQS data base, 
certified as meeting quality assurance requirements, and determined to 
have met data completeness requirements. On the basis of that review, 
EPA has concluded that this area attained the 2006 24-hour 
PM2.5 NAAQS during the 2007-2009 monitoring period. Under 
EPA regulations at 40 CFR 50.7:

    The 24-hour primary and secondary PM2.5 standards are 
met when the 98th percentile 24-hour concentration, as determined in 
accordance with appendix N of this part, is less than or equal to 35 
[mu]g/m\3\.

    The following table shows 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 Birmingham, Alabama, nonattainment area monitors for the years 
2007-2009.

             24-Hour PM2.5 Design Values for Monitors in the Birmingham, Alabama, Nonattainment Area
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                                                  2007 98th        2008 98th        2009 98th        2007-2009
           Location              AQS site ID      percentile       percentile       percentile     design  value
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North Birmingham.............     01-073-0023             42.8             33.5             24.4              34
McAdory......................     01-073-1005             30.9             25.8             21.3              26
Bruce Shaw Road..............     01-073-1009             31.4             27.3             22.1              27
Asheville Road...............     01-073-1010             33.0             24.6             19.1              26
Wylam........................     01-073-2003             37.7             33.5             25.2              32
Hoover.......................     01-073-2006             29.8             25.9             20.4              25
Pinson High School...........     01-073-5002             34.2             26.4             21.3              27
Corner School Road...........     01-073-5003             32.5             30.0             21.3              28
Pelham High School...........     01-117-0006             30.9             24.8             21.2              26
Highland Avenue..............     01-127-0002             30.9             24.3             22.1              26
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    Because the 2007-2009 design value at each monitor in the 
Birmingham 2006 24-hour PM2.5 nonattainment area is less 
than the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\, EPA is 
proposing to determine that the area has monitored attainment for this 
NAAQS. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

V. Proposed Action

    EPA is proposing to determine that the Birmingham, Alabama, 
nonattainment area for the 2006 24-hour PM2.5 NAAQS has 
attained the 2006 24-hour PM2.5 NAAQS based on 2007-2009 
monitoring data. As provided in 40 CFR 51.1004(c), if EPA finalizes 
this determination, it will suspend the requirements for the State of 
Alabama to submit for this area an attainment demonstration and 
associated RACM, RFP plan, contingency measures, and any other planning 
SIPs related to attainment of the 2006 24-hour PM2.5 NAAQS 
as long as the area continues to attain the 2006 24-hour 
PM2.5 NAAQS.

VI. 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. 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, 2006);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);

[[Page 33565]]

     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: June 2, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-14215 Filed 6-11-10; 8:45 am]
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