[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Proposed Rules]
[Pages 77595-77597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31208]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0798-201048; FRL-9237-7]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Georgia: Rome; 
Determination of Attaining Data for the 1997 Annual Fine Particulate 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Rome, Georgia, fine 
particulate (PM2.5) nonattainment area (hereafter referred 
to as ``the Rome Area'') has attained the 1997 annual average 
PM2.5 National Ambient Air Quality Standards (NAAQS). The 
Rome Area is comprised of Floyd County in its entirety. This proposed 
clean data determination is based upon complete, quality-assured and 
certified ambient air monitoring data for the 2007--2009 period showing 
that the Area has monitored attainment of the 1997 annual 
PM2.5 NAAQS. If EPA finalizes this proposed clean data 
determination, the requirements for the Area to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), a reasonable further progress (RFP) plan, contingency measures, 
and other planning State Implementation Plan (SIP) revisions related to 
attainment of the standard shall be suspended so long as the Area 
continues to attain the annual PM2.5 NAAQS.

DATES: Comments must be received on or before January 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0798, 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) 562-9040.
    4. Mail: EPA-R04-OAR-2010-0798, 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: Lynorae Benjamin, Chief, 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. 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-R04-OAR-
2010-0798. 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://

[[Page 77596]]

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. 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 at http://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 or Sara Waterson, 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. Mr. Huey can also be reached via 
electronic mail at [email protected]. Ms. Waterson may be reached by 
phone at (404) 562-9061 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the background for this action?
III. Does the Rome area meet the annual PM2.5 NAAQS?
    A. Criteria
    B. Rome Area Air Quality
IV. What is the effect of this action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Rome Area (comprised of 
Floyd County) has attaining data for the 1997 annual PM2.5 
NAAQS.\1\ The proposal is based upon complete, quality-assured and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period that show that the Area has monitored attainment of the 1997 
annual PM2.5 NAAQS.
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    \1\ ``1997 annual PM2.5 NAAQS'' refers to both the 
primary and secondary standards, which are identical.
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II. What is the background for this action?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/
m3) based on a 3-year average of annual mean 
PM2.5 concentrations. At that time, EPA also established a 
24-hour NAAQS of 65 [mu]g/m3. See 40 CFR 50.7. 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 Rome 
Area was designated nonattainment for the 1997 annual PM2.5 
NAAQS. See 40 CFR 81.311.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m3 based on a 3-year 
average of annual mean PM2.5 concentrations, and promulgated 
a 24-hour NAAQS of 35 [mu]g/m3 based on a 3-year average of 
the 98th percentile of 24-hour concentrations. On November 13, 2009, 
EPA designated the Rome Area as attainment for the 2006 24-hour NAAQS 
(74 FR 58688). In that action, EPA also clarified the designations for 
the NAAQS promulgated in 1997, stating that the Rome Area was 
designated as nonattainment for the annual NAAQS but attainment for the 
24-hour standard. Thus, today's action does not address attainment of 
either the 1997 or the 2006 24-hour NAAQS.
    In response to legal challenges of the annual standard promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit) remanded this NAAQS to EPA for further consideration. See 
American Farm Bureau Federation and National Pork Producers Council, et 
al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given that the 1997 
and 2006 annual NAAQS are essentially identical, attainment of the 1997 
annual NAAQS would also indicate attainment of the remanded 2006 annual 
NAAQS.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for State and Tribal 
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40 
CFR 51.1004(c), specifies some of the regulatory consequences of 
attaining the NAAQS, as discussed below.

III. Does the Rome area meet the annual PM2.5 NAAQS?

A. Criteria

    Today's rulemaking proposes that the Rome Area is attaining the 
1997 annual PM2.5 NAAQS. The Rome Area is comprised of Floyd 
County in its entirety.
    Under EPA regulations at 40 CFR 50.7, the annual primary and 
secondary PM2.5 NAAQS 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/m3 at all 
relevant monitoring sites in the subject Area.

B. Rome Area Air Quality

    EPA has reviewed the ambient air monitoring data for the Rome Area 
in accordance with the provisions of 40 CFR part 50, Appendix N. All 
data considered have been quality-assured, certified, and recorded in 
EPA's Air Quality System database. This review addresses air quality 
data collected in the 3-year period from 2007-2009.
    The following table provides the annual average concentrations 
averaged over 2007-2009 at the site in the Rome Area with at least 75 
percent complete data in each quarter of each of those 3 years. 
Quarters 1 and 2 of 2008 had completeness of approximately 73 percent 
for site 13-115-0005, which is the only particulate matter monitoring 
site in this Area. Data substitution, as described in 40 CFR part 50, 
Appendix

[[Page 77597]]

N, was used to make a complete record. In March 2009, 13-115-0005 was 
relocated to site 13-115-0003. The design value below is a combined 
monitor record. The 3-year average annual concentration for 2007-2009 
on this table without data substitution is 13.3 [mu]g/m3 and 
14.6 [mu]g/m3 with data substitution.

                             Table 1--Annual Average Concentrations in the Rome Area
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                                                                                                  Annual average
                                                             County                  Site No.      concentration
                                                                                                    ([mu]g/m3)
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Without data substitution.....................  Floyd...........................     13-115-0003            13.3
With data substitution........................  Floyd...........................     13-115-0003            14.6
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    The Rome Area is meeting the 1997 annual PM2.5 NAAQS 
both with and without data substitution. More generally, EPA believes 
that the Rome Area is now meeting the 1997 annual PM2.5 
NAAQS.
    Since few data are available for 2010, the 2007-2009 data represent 
the most recent available data for EPA to use in its assessment. On the 
basis of this review, EPA is proposing to determine that the Rome Area 
has attained the 1997 annual PM2.5 NAAQS.
    EPA is soliciting public comments on its proposal to determine that 
the Rome Area has attained the 1997 annual PM2.5 NAAQS.

IV. What is the effect of this action?

    If this proposed clean data determination is made final, the 
requirements for the Rome PM2.5 nonattainment Area to submit 
an attainment demonstration and associated RACM, a RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 1997 annual PM2.5 NAAQS would be suspended for so 
long as the Area continues to attain the PM2.5 NAAQS. See 40 
CFR 51.1004(c). Notably, as described below, any such determination 
would not be equivalent to the redesignation of the Area to attainment 
for the annual PM2.5 NAAQS.
    If this proposed rulemaking is finalized and EPA subsequently 
determines, after notice-and-comment rulemaking in the Federal 
Register, that the Area has violated the annual PM2.5 NAAQS, 
the basis for the suspension of the specific requirements would no 
longer exist for the Rome nonattainment Area, and the Area would 
thereafter have to address the applicable requirements. See 40 CFR 
51.1004(c).
    Finalizing this proposed action would not constitute a 
redesignation of the Area to attainment of the annual PM2.5 
NAAQS under section 107(d)(3) of the Clean Air Act (CAA or Act). 
Further, finalizing this proposed action does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor would it find that the Area has met all other requirements for 
redesignation. Even if EPA finalizes the proposed action, the 
designation status of the Rome Area would remain nonattainment for the 
1997 annual PM2.5 NAAQS until such time as EPA determines 
that the Area meets the CAA requirements for redesignation to 
attainment and takes action to redesignate the Area.
    This action is only a proposed clean data determination that the 
Rome Area has attained the 1997 annual PM2.5 NAAQS. Today's 
action does not address the 24-hour PM2.5 NAAQS.
    If the Rome Area continues to monitor attainment of the annual 
PM2.5 NAAQS, the requirements for the Rome Area to submit an 
attainment demonstration and associated RACM, a RFP plan, contingency 
measures, and any other planning SIPs related to attainment of the 
annual PM2.5 NAAQS will remain suspended.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves State law as meeting Federal 
requirements and does 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 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, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: November 30, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-31208 Filed 12-10-10; 8:45 am]
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