[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Proposed Rules]
[Pages 39657-39658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16312]



[[Page 39657]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0380; FRL-9693-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Determination of Clean Data for the 2006 24-Hour Fine 
Particulate Standard for the Tacoma, Pierce County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Tacoma, Pierce County 
nonattainment area (hereafter referred to as ``Tacoma, Pierce County'' 
or ``the 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 the area has 
monitored attainment of the 2006 PM2.5 NAAQS based on the 
2009-2011 data available in EPA's Air Quality System (AQS) database. If 
this proposed determination is made final, the requirements for the 
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 August 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2012-0380, by any of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and 
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, WA 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle, WA 98101. Attention: Jeff Hunt, Office of Air, 
Waste and Toxics, AWT-107. Such deliveries are only accepted during 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2012-0112. 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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., 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. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Office of Air, Waste 
and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206) 
553-0256, email address: [email protected], or the above EPA, Region 10 
address.

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 is EPA's proposed action?
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the 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 the area has monitored attainment of the 
2006 PM2.5 NAAQS based on 2009-2011 monitoring data.

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's 
PM2.5 implementation rule (40 CFR 51.1004(c)), the 
requirements for the area to submit an attainment demonstration, 
associated RACM, RFP plan, contingency measures, and any other planning 
SIP requirements related to attainment of the 2006 24-hour 
PM2.5 NAAQS would be suspended for so long as the area 
continues to meet this NAAQS. Furthermore, as described below, a final 
clean data determination would not be equivalent to a redesignation of 
the area to attainment for the 2006 24-hour PM2.5 NAAQS.
    If EPA subsequently determines that the 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 51.1004(c), would no 
longer exist and the area would thereafter have to address the 
pertinent requirements.
    The proposed clean data determination that the air quality data 
shows attainment of the 2006 24-hour PM2.5 NAAQS is not 
equivalent to the redesignation of the 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 the area as required under 
section 175A of the CAA, nor a determination that the area has met the 
other requirements for redesignation. The designation status of the 
area would remain nonattainment for the 2006 PM2.5 NAAQS 
until such time as EPA determines that the area meets the CAA 
requirements for redesignation to attainment.

[[Page 39658]]

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\3\) 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. As part of that action, Tacoma, Pierce County 
(partial county designation) became 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 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 Tacoma, Pierce County, 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 2009-2011 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 years 2009-2011. 
Because the 2009-2011 design value at the Federal Reference Method 
monitor, Tacoma South L Street, is equal to 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.

             2009-2011 Daily Average Concentrations in the Tacoma, Pierce County Nonattainment Area
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                                                                                                 2009-11 Design
                                Monitor name                                     Monitor ID     values ([micro]g/
                                                                                                      m\3\)
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Tacoma South L Street \1\...................................................         530530029                35
Tacoma Tide flats--2301 Alexander Ave \2\...................................         530530031                24
Puyallup 5722 66th Ave E \2\................................................         530530022                21
Puyallup South Hill \2\.....................................................         530531018                22
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\1\ The Tacoma South L Street site is the Federal Reference Method (FRM) monitor used for determining compliance
  with the 2006 PM2.5 NAAQS. PM2.5 AQS data and information is available as part of EPA's AirTrends Site at:
  http://www.epa.gov/airtrends/values.html. More recent 2011 data is included as part of the docket for this
  action.
\2\ The three additional monitors located in the nonattainment area listed above are neither Federal Reference
  Method nor Federal Equivalent Method (FEM) monitors but are included to provide supplementary information.
  Detailed information on how EPA calculated the design values for these monitors is included in the docket for
  this action.

V. What is EPA's proposed action?

    EPA is proposing to determine that the Tacoma, Pierce County area 
has clean data for the 2006 24-hour PM2.5 NAAQS. As provided 
in 40 CFR 51.1004(c), if EPA finalizes this determination, it will 
suspend the requirements for the area to submit an attainment 
demonstration, associated RACM, RFP, contingency measures, and any 
other planning SIP requirements related to the attainment of the 2006 
PM2.5 NAAQS, so long as the area continues to meet the 
standard. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

VI. Statutory and Executive Order Reviews

    This action proposes to make an attainment determination based on 
air quality data and would not, if finalized, 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 rulemaking that the Tacoma, Pierce 
County PM2.5 nonattainment area has clean data for the 2006 
24-hour PM2.5 standard does not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

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: June 19, 2012.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.
[FR Doc. 2012-16312 Filed 7-3-12; 8:45 am]
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