[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Proposed Rules]
[Pages 61291-61293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25111]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0556; FRL-9473-4]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Ohio; Determination of Clean Data for the 2006 24-Hour 
Fine Particulate Standard for the Steubenville-Weirton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the two-state Steubenville-
Weirton, nonattainment area for the 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standard (NAAQS) 
has clean data for the 2006 24-hour PM2.5 NAAQS. This 
proposed determination is based upon quality assured, quality 
controlled, and certified ambient air monitoring data showing that this 
area has monitored attainment of the 2006 PM2.5 NAAQS based 
on the 2008-2010 data available in EPA's Air Quality System (AQS) 
database. If this proposed determination is made final, the 
requirements for the Steubenville-Weirton area to submit an attainment 
demonstration, associated reasonably available control measures (RACM), 
a reasonable further progress plan (RFP), contingency measures, and 
other planning State Implementation Plans (SIPs) related to attainment 
of the standard shall be suspended for so long as the area continues to 
meet the 2006 24-hour PM2.5 NAAQS. This action is being 
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before November 3, 2011.

ADDRESSES: Submit your comments regarding the two-state Steubenville-
Weirton area, identified by Docket ID Number EPA-R03-OAR-2011-0556 by 
one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2011-0556, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0556. 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 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

[[Page 61292]]

form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy during 
normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: In Region III, Asrah Khadr, Office of 
Air Program Planning, Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, PA 19103-2023. The telephone number is (215) 
814-2071. Ms. Khadr can also be reached via electronic mail at 
[email protected]. In Region V, Carolyn Persoon, Air Planning and 
Maintenance Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region V, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3507. Ms. Persoon's telephone number is (312) 353-8290. 
Ms. Persoon can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    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. What's EPA's proposed action?
VI. What are the statutory and Executive Order reviews?

I. What action is EPA taking?

    EPA is proposing to determine that the Steubenville-Weirton 
PM2.5 nonattainment area has clean data for the 2006 24-hour 
PM2.5 NAAQS. This determination is based upon quality 
assured, quality controlled, and certified ambient air monitoring data 
showing that this area has monitored attainment of the 2006 
PM2.5 NAAQS based on the 2008-2010 data in EPA's AQS 
database.

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR section 51.1004(c)), 
the requirements for the Steubenville-Weirton nonattainment area to 
submit an attainment demonstration, associated RACM, a RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 2006 PM2.5 NAAQS would be suspended for so long as 
the area continues to meet the 2006 24-hour PM2.5 NAAQS. 
Furthermore, as described below, a final clean data determination would 
not be equivalent to the redesignation of this area to attainment of 
the 2006 24-hour PM2.5 NAAQS.
    If EPA subsequently determines that this area is in violation of 
the 2006 24-hour PM2.5 NAAQS, the basis for the suspension 
of the specific requirements, set forth at 40 CFR section 51.1004(c), 
would no longer exist and this area would thereafter have to address 
the pertinent requirements.
    This clean data determination that EPA proposes with this Federal 
Register notice, that the air quality data shows attainment of the 2006 
24-hour PM2.5 NAAQS, is not equivalent to the redesignation 
of this area to attainment. This proposed action, if finalized, will 
not constitute a redesignation to attainment under section 107(d)(3) of 
the CAA, because we would not yet have an approved maintenance plan for 
this area as required under section 175A of the CAA, nor a 
determination that this area has met the other requirements for 
redesignation. The designation status of this area would remain 
nonattainment for the 2006 PM2.5 NAAQS until such time as 
EPA determines that this area meets the CAA requirements for 
redesignation to attainment.

III. What is the background for this action?

    The 2006 PM2.5 NAAQS set forth at 40 CFR 50.13 became 
effective on December 18, 2006 (71 FR 61144) and promulgated a 24-hour 
standard of 35 micrograms per cubic meter ([micro]g/m[sup3]) based on a 
3-year average of the 98th percentile of 24-hour concentration. On 
December 14, 2009 (74 FR 58688), EPA made designation determinations, 
as required by CAA section 107(d)(1), for the 2006 24-hour 
PM2.5 NAAQS. The Steubenville-Weirton area is designated as 
nonattainment for the 2006 24-hour PM2.5 NAAQS.

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

    EPA has reviewed the ambient air monitoring data, consistent with 
the requirements contained in 40 CFR part 50 and recorded in EPA's AQS 
database for the Steubenville-Weirton PM2.5 nonattainment 
area from 2008 through the present time. On the basis of that review, 
EPA has concluded that this area meets the 2006 24-hour 
PM2.5 NAAQS based on the 2008-2010 data available in EPA's 
AQS database.
    Under EPA regulations in 40 CFR part 50, section 50.13 and in 
accordance with Appendix N, the 24-hour primary and secondary 
PM2.5 standards are met when the 98th percentile 24-hour 
concentration is less than or equal to 35 [micro]g/m\3\. Table 1 shows 
the design values for the 2006 24-hour PM2.5 NAAQS for the 
years 2008-2010. EPA's review of the data indicates that the 
Steubenville-Weirton PM2.5 nonattainment area meets the 2006 
PM2.5 NAAQS.

              Table 1--2008-2010 Daily Average Concentrations in the Steubenville-Weirton Area \1\
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                                                                                                   Design value
                     State                                   County                  Site No.      ([mu]g/m\3\)
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Ohio..........................................  Jefferson.......................       390810017            30.0
Ohio..........................................  Jefferson.......................       390811001            28.0
West Virginia.................................  Brooke..........................       540090005            31.0
West Virginia.................................  Brooke..........................       540090011            31.0
West Virginia.................................  Hancock.........................       540291004            31.0
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\1\ The publicly available PM2.5 AQS data and information is available as part of EPA's AirTrends Site at: http://www.epa.gov/airtrends/values.html.

V. What's EPA's proposed action?

    EPA is proposing to determine that the Steubenville-Weirton 
nonattainment area has clean data for the 2006 24-hour PM2.5 
NAAQS. As provided in 40 CFR section 51.1004(c), if EPA finalizes this 
determination, it will suspend the requirements for this area to submit 
an attainment demonstration, associated RACM, a RFP, contingency 
measures, and any other planning SIPs related to the attainment of the 
2006 PM2.5 NAAQS, so long as this area continues to meet the 
standard. EPA is soliciting public comments on the issues

[[Page 61293]]

discussed in this document. These comments will be considered before 
taking final action.

VI. What are the statutory and Executive Order reviews?

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 
action merely proposes to approve 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 rulemaking that the Steubenville-Weirton 
PM2.5 nonattainment area has clean data for the 2006 24-hour 
PM2.5 standard 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.

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

    Dated: August 8, 2011.
 C. Early,
Acting Regional Administrator, Region III.
    Dated: September 6, 2011.
 Susan Hedman,
Regional Administrator, Region V.
[FR Doc. 2011-25111 Filed 10-3-11; 8:45 am]
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