[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72374-72376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0819; FRL-9495-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Baltimore Nonattainment Area Determinations of Attainment of 
the 1997 Annual Fine Particulate Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make two determinations regarding the 
Baltimore fine particulate matter (PM2.5) nonattainment area 
(hereafter referred to as ``the Baltimore Area'' or ``Area''). First, 
EPA is proposing to determine that the Area has attained the 1997 
annual PM2.5 National Ambient Air Quality Standard (NAAQS). 
This proposed clean data determination is based upon complete, quality-
assured and certified ambient air monitoring data for the 2008-2010 
period showing that the Area has monitored attainment of the 1997 
annual PM2.5 NAAQS and data available to date for 2011 in 
EPA's Air Quality System (AQS) database that show the Area continues to 
attain. 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 the attainment of 
the standard shall be suspended for so long as the Area continues to 
attain the annual PM2.5 NAAQS. EPA is also proposing to 
determine, based on quality-assured and certified monitoring data for 
the 2007-2009 monitoring period, that the Area has attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010. In addition, EPA is withdrawing the July 31, 2009 (74 FR 
38161) proposed clean data determination for the Baltimore Area. These 
actions are being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 23, 
2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0819 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2011-0819, 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-
2011-0819. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 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: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    This supplementary information section is arranged as follows:

I. What actions are EPA proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews

I. What actions are EPA proposing?

    In accordance with section 179(c)(1) of the CAA, 42 U.S.C. 
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that 
the Baltimore Area has attained the 1997 annual PM2.5 NAAQS. 
The proposal is based upon quality-assured and certified ambient air 
monitoring data for the 2007-2009 and 2008-2010 monitoring periods that 
show that the Area attained the 1997 annual PM2.5 NAAQS, and 
data available to date for 2011 that shows the Area continues to 
attain. EPA is also proposing to determine, in accordance with EPA's 
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664), 
that the Baltimore Area has attained the 1997 annual PM2.5 
NAAQS by its applicable attainment date of April 5, 2010. Finally, EPA 
is withdrawing the previous clean data proposal for the Baltimore Area 
published on July 31, 2009 (74 FR 38161) since that action was never 
finalized and more current data is now available.

II. What is the background for these actions?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations (hereafter referred to as ``the annual PM2.5 
NAAQS'' or ``the annual standard''). At that time, EPA also established 
a 24-hour standard of 65 [mu]g/m\3.\ (Today's action does not address 
the 24-hour

[[Page 72375]]

standard.). See, 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA 
published its air quality designations and classifications for the 
annual 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 Baltimore Area was designated 
nonattainment for the 1997 annual PM2.5 NAAQS during this 
designations process. See, 40 CFR 81.321 (Maryland).
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, and promulgated a 24-hour 
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations (the ``2006 24-hour standard''). 
On November 13, 2009, EPA designated the Baltimore Area as attainment 
for the 2006 24-hour standard. In that action, EPA also clarified the 
designations for the PM2.5 NAAQS promulgated in 1997 stating 
that the Baltimore Area was attainment for the 1997 24-hour standard 
(74 FR 58688). Today's action, however, does not address either the 
1997 or the 2006 24-hour standard.
    In response to legal challenges of the annual standards promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit) remanded this standard 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 standards are essentially identical, 
attainment of the 1997 annual standard would also indicate attainment 
of the remanded 2006 annual standard.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which EPA provided guidance for state and tribal plans to 
implement the 1997 PM2.5 standard. This rule, at 40 CFR 
51.1004(c), specifies some of the regulatory consequences of attaining 
the standard, as discussed later.
    On July 31, 2009 (74 FR 38161), EPA proposed, but never finalized a 
clean data determination for the Baltimore Area. See, Docket ID No. 
EPA-R03-OAR-2009-0199. EPA is withdrawing this previous clean data 
proposal for the Baltimore Area.

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

    Today's proposed rulemaking determines that the Baltimore Area has 
clean data for the 1997 annual PM2.5 NAAQS, based on the 
most recent three years of quality-assured data and data available to 
date for 2011 and that the Area attained the 1997 annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010. Under EPA regulations at 40 CFR 50.7, the 1997 annual primary and 
secondary PM2.5 standards 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/m\3\ at all relevant 
monitoring sites in the subject area.
    EPA has determined that the PM2.5 monitoring network for 
the Baltimore Area is adequate. First, the number of monitors in the 
Area meets the minimum regulatory requirements given in 40 CFR part 58, 
appendix D. Second, the monitoring is in accordance with the monitoring 
plans that have been reviewed and approved by EPA.
    Table 1 shows the design values (i.e., the 3-year average of annual 
mean PM2.5 concentrations) for the annual PM2.5 
NAAQS for the Baltimore Area monitors for the years 2008-2010. All data 
considered have been quality-assured, certified, and recorded in AQS. 
Table 2 shows the design values (i.e., the 3-year average of annual 
mean PM2.5 concentrations) for the annual PM2.5 
NAAQS for the Baltimore Area monitors for the years 2007-2009. All data 
considered have been quality-assured, certified, and recorded in AQS. 
EPA's review of these data indicates that the Baltimore Area has met 
the annual PM2.5 NAAQS and that the Area attained the 
PM2.5 standard by its attainment date of April 5, 2010.

                          Table 1--Baltimore Area 2008-2010 PM2.5 Data (in [mu]g/m\3\)
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                                                   2008  Annual    2009  Annual    2010  Annual      2008-2010
               City                   Site ID          mean            mean            mean        Design value
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Glen Burnie.....................     24-003-1003            12.6            11.1            11.0            11.6
Padonia.........................     24-005-1007            11.9            10.2            10.4            10.8
Essex...........................     24-005-3001            12.6            11.0            11.6            11.7
Edgewood........................     24-025-1001            11.3             9.6             9.5            10.1
Baltimore.......................     24-510-0006            12.2            10.1            10.1            10.8
Baltimore.......................     24-510-0007            12.4            10.3            10.3            11.0
Baltimore.......................     24-510-0008            12.7            11.1            11.0            11.6
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                          Table 2--Baltimore Area 2007-2009 PM2.5 Data (in [mu]g/m\3\)
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                                                   2007  Annual    2008  Annual    2009  Annual      2007-2009
               City                   Site ID          mean            mean            mean        Design value
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Glen Burnie.....................     24-003-1003            13.4            12.6            11.1            12.4
Padonia.........................     24-005-1007            13.3            11.9            10.2            11.8
Essex...........................     24-005-3001            14.0            12.6            11.0            12.6
Edgewood........................     24-025-1001            12.2            11.3             9.6            11.0
Baltimore.......................     24-510-0035            14.1               *               *               *
Baltimore.......................     24-510-0006            13.1            12.2            10.1            11.8
Baltimore.......................     24-510-0007            13.4            12.4            10.3            12.0
Baltimore.......................     24-510-0008            15.0            12.7            11.1            12.9
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* Monitor Site ID 24-510-0035 shut down in August 2008 due to demolition of the monitoring site.

    Preliminary data for 2011 which has not been quality-assured or 
certified is included in Table 3 below. This preliminary 2011 data 
indicates that the Area continues to attain the annual PM2.5 
NAAQS.

[[Page 72376]]



   Table 3--Baltimore Area Preliminary 2011 PM2.5 Data (in [mu]g/m\3\)
------------------------------------------------------------------------
                                                               2011
                   City                       Site ID       Preliminary
                                                            annual mean
------------------------------------------------------------------------
Glen Burnie.............................     24-003-1003            10.5
Padonia.................................     24-005-1007             9.9
Essex...................................     24-005-3001            10.6
Edgewood................................     24-025-1001             9.3
Baltimore...............................     24-510-0006             9.9
Baltimore...............................     24-510-0007             9.5
Baltimore...............................     24-510-0008            10.8
------------------------------------------------------------------------

    Additional information about the monitoring network and air quality 
data can be found in the Technical Support Document (TSD) for this 
action which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2011-0819.

IV. What is the effect of these actions?

    If EPA's proposed clean data determination based on the most recent 
three years of quality-assured data and data available to date for 
2011, is made final, the requirements for the Baltimore Area to submit 
an attainment demonstration and associated RACM, 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 
Baltimore Area continues to attain the 1997 annual 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 
Baltimore Area to attainment for the 1997 annual PM2.5 
NAAQS. If this proposed determination is finalized and EPA subsequently 
determines, after notice-and-comment rulemaking in the Federal 
Register, that the Area has violated the 1997 annual PM2.5 
NAAQS, the basis for the suspension of the specific requirements would 
no longer exist for the Baltimore 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 1997 annual 
PM2.5 NAAQS under section 107(d)(3) of the CAA. 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 Baltimore 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 Baltimore Area.
    In addition, if EPA's separate and independent proposed 
determination that the Area has attained the 1997 annual 
PM2.5 standard by its applicable attainment date (April 5, 
2010), is finalized, EPA will have met its requirement pursuant to 
section 179(c)(1) of the CAA to make a determination based on the 
Area's air quality data as of the attainment date whether the Area 
attained the standard by that date.
    These two actions described above are proposed determinations 
regarding the Baltimore Area's attainment only with respect to the 1997 
annual PM2.5 NAAQS. Today's actions do not address the 24-
hour PM2.5 NAAQS. EPA is also withdrawing its previously 
proposed clean data determination (74 FR 38161) for the 1997 annual 
PM2.5 standard since the previous action was never finalized 
and more current data is now available. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

V. Statutory and Executive Order Reviews

    This action proposes to make attainment determinations based on air 
quality data and would, if finalized, result in the suspension of 
certain Federal requirements and would not impose any additional 
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, 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 to find that the Baltimore Area 
attained the annual 1997 PM2.5 standard and attained the 
standard by its attainment date 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: November 15, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-30300 Filed 11-22-11; 8:45 am]
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