[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Proposed Rules]
[Pages 44179-44181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0459; A-1-FRL-9182-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Determination of Attainment of the 1997 Ozone Standard 
for the Providence, RI Area

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 continues 
to attain 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 show the area has monitored 
attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring 
period. Preliminary data available through June 15, 2010 also are 
consistent with continued attainment. In addition, in accordance with 
the Clean Air Act, EPA is proposing to determine, that this area has 
attained the 1997 ozone NAAQS as of June 15, 2010, its applicable 
attainment date.

DATES: Written comments must be received on or before August 27, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0459 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: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0459,'' 
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.
    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 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0459. 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 through http://www.regulations.gov, or 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.
    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 http://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 
a.m. to 4:30 p.m., 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 actions is EPA taking?
II. What is the effect of these actions?
III. What is the background for these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Providence (All of Rhode 
Island) moderate 8-hour ozone nonattainment area continues to attain 
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 2007-2009 monitoring period. Preliminary data available through 
June 15, 2010 are also consistent with continued attainment. In 
addition, under section 181(b)(2)(A) of the Clean Air Act (CAA), EPA is 
proposing to determine that this area has attained the 1997 ozone NAAQS 
by its applicable attainment date (June 15, 2010).

II. What is the effect of these actions?

    Under section 181(b)(2)(A) of the CAA and the provisions of EPA's 
ozone implementation rule (see 40 CFR Section 51.902(a)), EPA is 
proposing to determine that this area has attained the

[[Page 44180]]

1997 ozone NAAQS by its applicable attainment date of June 15, 2010. 
The effect of a final determination of attainment by the area's 
attainment date would be to discharge EPA's obligation under section 
181(b)(2)(A), and to establish that, in accordance with that section, 
the area would not be reclassified for failure to attain by its 
applicable attainment date. 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.

III. What is the background for these actions?

    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 Providence 
(All of Rhode Island) area was designated as a moderate ozone 
nonattainment area. Subsequently, on June 3, 2010, EPA approved a clean 
data determination for the Rhode Island area, based on 2006-2008 ozone 
data (see 75 FR 31288). That action suspended the requirements for the 
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 for so long as the area continues to attain the 
1997 ozone NAAQS. 40 CFR 51.918. Complete, certified ozone air quality 
data for 2007 through 2009, as well as preliminary data available 
through June 15, 2010, show that the Rhode Island area continues to 
meet 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 Air Quality Data System (AQS) database, for Providence 
(All of Rhode Island) area, from 2007 through 2009. On the basis of its 
review, EPA proposes to conclude that the area attained the 1997 8-hour 
ozone standard at the end of the 2009 ozone season, based on three 
years of complete, quality-assured and state-certified 2007-2009 ozone 
data. Preliminary data available through June 15, 2010 are also 
consistent with continued attainment.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site 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 
monitoring site within the area, then the area is meeting the NAAQS. 
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 2007-2009, and the ozone design values for these same monitors 
based on 2007-2009.

    Table 1--2007-2009 Fourth-High 8-Hour Average Ozone Concentrations and 2007-2009 Design Values (Parts per
                                        Million) in the Rhode Island Area
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                                                                                                   Design value
            Site ID               Site location   4th High  2007  4th High  2008  4th High  2009      (07-09)
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440030002.....................  West Greenwich..           0.089           0.074           0.069           0.077
440071010.....................  East Providence.           0.088           0.077           0.066           0.078
440090007.....................  Narragansett....           0.083           0.081           0.068           0.076
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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, based on 2007-
2009 data. EPA believes these data, coupled with preliminary data 
available through June 15, 2010, indicate that the Rhode Island area 
has also attained the standard as of its applicable attainment date of 
June 15, 2010. Thus, in accordance with CAA section 181(b)(2), EPA is 
also proposing to determine that the Rhode Island area has attained the 
standard by its applicable attainment date.
    EPA is soliciting public comment 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 Actions

    EPA is proposing to determine that the Providence (All of Rhode 
Island) 1997 8-hour ozone moderate nonattainment area continues to 
attain the 1997 8-hour ozone standard, based on complete, quality-
assured data from 2007 through 2009. As provided in 40 CFR 51.918, if 
EPA finalizes this determination, the requirements for Rhode Island to 
submit planning SIPs related to attainment of the 1997 8-hour ozone 
NAAQS for this area remain suspended, for so long as the area continues 
to attain the standard.\1\ In addition, under section 181(b)(2)(A) of 
the Clean Air Act and the provisions of EPA's ozone implementation rule 
(see 40 CFR 51.902(a)), EPA is proposing to determine that this area 
has attained the 1997 ozone NAAQS by its applicable attainment date of 
June 15, 2010.
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    \1\ Rhode Island submitted an attainment demonstration, 
reasonable further progress plan and contingency measures for this 
area on April 30, 2008. EPA has not taken action on these 
submittals.
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VI. Statutory and Executive Order Reviews

    Theses actions propose to make determinations of attainment based 
on air quality, and would, if finalized, result in the continued 
suspension of certain Federal requirements, and would not impose 
additional requirements beyond those imposed by state law. For that 
reason, these proposed actions:

[[Page 44181]]

     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.


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

    Dated: July 15, 2010.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2010-18553 Filed 7-27-10; 8:45 am]
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