Determinations of Attainment of the One-Hour and Eight-Hour Ozone Standards for Various Ozone Nonattainment Areas in New Jersey and Upstate New York, 48498-48504 [E9-22932]
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48498
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Proposed Rules
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act.
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.)
Under Executive Order 12898, EPA
finds that this rule involves a proposed
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 11, 2009.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. E9–22933 Filed 9–22–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2009–0638; FRL–8960–9]
Determinations of Attainment of the
One-Hour and Eight-Hour Ozone
Standards for Various Ozone
Nonattainment Areas in New Jersey
and Upstate New York
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: The EPA is proposing to
determine that various ozone
nonattainment areas in New York and
New Jersey have attained the one-hour
and eight-hour National Ambient Air
Quality Standards for ozone. For the
one-hour standard, the areas are: the
Atlantic City and Warren County areas
in New Jersey and the AlbanySchenectady-Troy, Buffalo-Niagara
Falls, Essex County, Jefferson County,
and Poughkeepsie areas in New York.
For the eight-hour standard, the areas
are: Buffalo-Niagara Falls, Jamestown,
Poughkeepsie and Essex County
(Whiteface Mountain). The States
requested these determinations, based
upon three years of complete, quality-
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assured ambient air monitoring data and
these areas have continued to attain
these ozone standards based on
examination of the most recent air
quality data from 2006–2008. These data
demonstrate that the one-hour and
eight-hour ozone standards have been
attained in these areas. If EPA makes
these proposed determinations final for
the one-hour standard, the areas subject
to the one-hour standard will have
completed their progress toward
achieving the one-hour health standard.
In the cases where EPA determines that
areas have attained the eight-hour
standard, the requirements for the state
to submit certain reasonable further
progress plans, attainment
demonstrations, contingency measures
and any other planning requirements of
the Clean Air Act related to attainment
of the ozone standards shall be
suspended for as long as the areas
continue to attain the eight-hour ozone
standard. These proposed
determinations of attainment are not
redesignations of these areas to
attainment. Redesignations must meet
additional requirements, including an
approved plan to maintain compliance
with the air quality standard for ten
years after redesignation.
DATES: Comments must be received on
or before October 23, 2009. Public
comments on this action are requested
and will be considered before taking
final action.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2008–0638, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901.
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. 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 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R02–OAR–2009–
0638. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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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 https://
www.regulations.gov or e-mail. The
https://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 https://
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 https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency,
Region 2, 290 Broadway, 25th Floor,
New York, New York 10007–1866, (212)
637–4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Are Today’s Proposed Actions?
II. What Is the Background for These
Actions?
A. When Were These Areas Designated?
B. How Does EPA Compute Whether an Area
Complies With the One-hour Ozone
Standard?
C. How Does EPA Compute Whether an Area
Complies With the Eight-hour Ozone
Standard?
D. Why Is EPA Determining if These Areas
Are Attaining The Ozone Standards?
E. What Are the Likely Effects of These
Determinations of Attainment?
F. How Are These Determinations of
Attainment Different From a
Redesignation to Attainment?
III. Did These Areas Attain Their Respective
Ozone Standards?
IV. What is EPA Proposing?
V. Statutory and Executive Order Reviews
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I. What Are Today’s Proposed Actions?
The EPA is proposing to determine
that several areas designated as
nonattainment for ozone have attained
the standard. EPA proposes that the
Atlantic City area and Warren County in
New Jersey and the AlbanySchenectady-Troy, Buffalo-Niagara
Falls, Essex County, Jefferson County,
and Poughkeepsie areas in New York be
certified as attaining the one-hour ozone
national ambient air quality standard
(NAAQS).
EPA also proposes that four ozone
nonattainment areas in New York,
namely the Buffalo-Niagara Falls,
Jamestown, Poughkeepsie and the Essex
County nonattainment areas, be certified
as attaining the eight-hour NAAQS
established in 1997 for ozone.
All of these determinations are based
upon three years of complete, qualityassured ambient air monitoring data for
the years 2006–2008. In order to
determine the area’s air quality status,
EPA reviewed ozone air quality data
from the states, in accordance with 40
CFR 50.9 1 and EPA policy guidance, as
well as data processing, data rounding
and data completeness requirements as
discussed later in this proposal. These
data demonstrate that the ozone NAAQS
have been attained in these areas.
Pursuant to 40 CFR 51.918, if these
proposed determinations are made final
for the eight-hour ozone standard, the
requirements for the state to submit
attainment demonstrations and
associated reasonably available control
measures, reasonable further progress
plans, contingency measures and any
other State Implementation Plans (SIPs)
related to attainment of the eight-hour
ozone NAAQS, will be suspended for so
long as the area continues to attain the
ozone NAAQS. However, other Clean
Air Act requirements unrelated to the
planning for attainment of the standard
may still be required in some of these
areas, such as development of emission
inventory data and application of
Reasonably Available Control
Technology to certain sources of air
pollution.
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II. What Is the Background for These
Actions?
A. When Were These Areas Designated?
The one-hour ozone designations in
this proposed action were established
by EPA following the enactment of the
Clean Air Act (CAA) Amendments in
1990. Each area of the country that was
designated nonattainment for the onehour ozone NAAQS was classified by
1 CFR refers to the Code of Federal Regulations,
in this case Title 40, part 50.9.
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operation of law as marginal, moderate,
serious, severe, or extreme depending
on the severity of the area’s air quality
problem. (See CAA sections 107(d)(1)(C)
and 181(a)).
EPA designated and classified most
areas of the country under the eighthour ozone NAAQS in an April 30, 2004
final rule (69 FR 23858). On April 30,
2004, EPA also issued a final rule (69 FR
23951) entitled ‘‘Final Rule To
Implement the 8–Hour Ozone National
Ambient Air Quality Standard—Phase
1’’, referred to as the Phase 1 Rule.
Among other matters, this rule revoked
the one-hour ozone NAAQS in most
other areas of the country, effective June
15, 2005. (See, 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470, August 3,
2005.) The Phase 1 Rule also set forth
how anti-backsliding principles will
ensure continued progress toward
attainment of the eight-hour ozone
NAAQS by identifying which one-hour
requirements remain applicable in an
area after revocation of the one-hour
ozone NAAQS. On December 22, 2006,
the United States Court of Appeals for
the District of Columbia Circuit (the
Court) vacated the Phase 1 Rule. South
Coast Air Quality Management Dist. v.
EPA, 472 F.3d 882 (DC Cir. 2006).
Subsequently, in South Coast Air
Quality Management Dist. v. EPA, 489
F.3d 1295 (DC Cir. 2007), in response to
several petitions for rehearing, the Court
clarified that the Phase 1 Rule was
vacated only with regard to those parts
of the rule that had been successfully
challenged. The court upheld the
portions of the Phase 1 Rule relating to
EPA’s classification system under
subpart 2. The portions of the rule that
were vacated do not affect this proposed
action.
B. How Does EPA Compute Whether an
Area Complies With the One-hour
Ozone Standard?
Although the one-hour ozone NAAQS
as promulgated in 40 CFR 50.9 includes
no discussion of specific data handling
conventions, EPA’s publicly articulated
position and the approach long since
universally adopted by the air quality
management community is that the
interpretation of the one-hour ozone
standard requires rounding ambient air
quality data consistent with the stated
level of the standard, which is 0.12
ppm. 40 CFR 50.9(a) states that: ‘‘The
level of the national one-hour primary
and secondary ambient air quality
standards for ozone * * * is 0.12 parts
per million. * * * The standard is
attained when the expected number of
days per calendar year with maximum
hourly average concentrations of 0.12
parts per million * * * is equal to or
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48499
less than 1, as determined by appendix
H to this part.’’ Thus, compliance with
the NAAQS is based on comparison of
air quality concentrations with the
standard and on how many days that
standard has been exceeded, adjusted
for the number of missing days.
For comparison with the NAAQS,
EPA has clearly communicated the data
handling conventions for the one-hour
ozone NAAQS in guidance documents.
As early as 1979, EPA issued guidance
stating that the level of our NAAQS
dictates the number of significant
figures to be used in determining
whether the standard was exceeded.
The stated level of the standard is taken
as defining the number of significant
figures to be used in comparisons with
the standard. For example, a standard
level of 0.12 ppm means that
measurements are to be rounded to two
decimal places (0.005 rounds up), and,
therefore, 0.125 ppm is the smallest
concentration value in excess of the
level of the standard. (See, ‘‘Guideline
for the Interpretation of Ozone Air
Quality Standards,’’ EPA–450/4–79–
003, OAQPS No. 1.2–108, January
1979.) EPA has consistently applied the
rounding convention in this 1979
guideline. See, 68 FR 19111 April 17,
2003, 68 FR 62043 October 31, 2003,
and 69 FR 21719 April 22, 2004. Then,
EPA determines attainment status under
the one-hour ozone NAAQS on the basis
of the annual average number of
expected exceedances of the NAAQS
over a three-year period. (See, 60 FR
3349 January 17, 1995 and see, also,
‘‘General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ at 57 FR
13506 April 16, 1992 (‘‘General
Preamble’’). EPA’s determination is
based upon data that have been
collected and quality-assured in
accordance with 40 CFR 58, and
recorded in EPA’s Air Quality System
(AQS) database, (formerly known as the
Aerometric Information Retrieval
System (AIRS)). To account for missing
data, the procedures found in appendix
H to 40 CFR 50 are used to adjust the
actual number of monitored
exceedances of the standard to yield the
annual number of expected exceedances
(‘‘expected exceedance days’’) at an air
quality monitoring site. Under EPA’s
policies, we determine if an area has
attained the one-hour ozone NAAQS by
calculating, at each monitor, the average
expected number of days over the
standard per year (i.e., ‘‘average number
of expected exceedance days’’) during
the applicable 3-year period. See,
generally, the General Preamble, 57 FR
13498, April 16, 1992 and
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Memorandum from D. Kent Berry,
Acting Director, Air Quality
Management Division, EPA, to Regional
Air Office Directors; ‘‘Procedures for
Processing Bump Ups and Extensions
for Marginal Ozone Nonattainment
Areas,’’ February 3, 1994. While the
latter is explicitly applicable only to
marginal areas, the general procedures
for evaluating attainment in terms of the
average number of expected exceedance
days during the applicable 3-year period
in this memorandum apply regardless of
the initial classification of an area
because all findings of attainment are
made pursuant to the same CAA
requirements in section 181(b)(2).
C. How Does EPA Compute Whether an
Area Complies With the Eight-hour
Ozone Standard?
As noted later in Table 2, an area
achieves attainment of the eight-hour
ozone standard when an area’s
monitoring sites all have a design value
of less than 0.085 ppm, calculated as
described in 40 CFR 50, Appendix I.
The design value is the average of
each year’s fourth highest concentration,
over a three year period, as described in
Appendix I to 40 CFR 50. From 40 CFR
50, Appendix I, Section 2.2:
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The standard-related summary statistic is
the annual fourth-highest daily maximum 8hour average ozone concentration, expressed
in parts per million, averaged over three
years. The 3-year average shall be computed
using the three most recent, consecutive
calendar years of monitoring data meeting
the data completeness requirements
described in this appendix. The computed 3year average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations shall be expressed to three
decimal places (the remaining digits to the
right are truncated.)
As shown in Table 2, all of the sites
have complete data and a design value
less than 0.085 ppm. All of the sites
have met the requirements of Appendix
I of 40 CFR 50, which stipulates that in
order to be used for showing attainment
of the standard, the three years of data
must have an average percent of days
with valid ambient monitoring data of
greater than 90%, and no single year
with less than 75% data completeness.
This proposed action does not deal
with the ozone standard that EPA
established in 2008. A new set of
requirements will be needed after areas
are designated as not attaining this new
standard. Therefore, today’s proposed
action, which affects requirements
developed for the 1997 ozone standard,
is not affected by the 2008 ozone
standard, nor does it presume what air
quality designations will be for the 2008
ozone standard or what measures an
area may need to attain that standard.
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D. Why Is EPA Determining If These
Areas Are Attaining the Ozone
Standards?
States have requested that EPA
determine that certain areas have met
the applicable ozone standard. Also, in
the course of periodic reviews of air
quality data, EPA has noted that several
ozone nonattainment areas in New
Jersey and New York are now attaining
the one-hour and eight-hour standard.
For the one-hour standard these areas
and their constituent counties are: in
New Jersey, Warren County of the
Allentown-Bethlehem-Easton
nonattainment area and Atlantic and
Cape May Counties in the Atlantic City
nonattainment area; in New York, Erie
and Niagara Counties in the BuffaloNiagara Falls area, Chautauqua County
in the Jamestown nonattainment area,
Dutchess and Orange Counties and the
portion of Orange County2 in the
Poughkeepsie nonattainment area; and
the portion of Essex County above 4500
feet3 in the Whiteface Mountain area.
Air quality data from the last three years
from these areas is listed later in Table
1.
The Poughkeepsie one-hour
nonattainment area was initially
determined to attain the one-hour
standard (59 FR 18967) but later
violated the standard and was
reclassified as nonattainment (59 FR
38000). New York State did not request
that EPA make a determination
regarding the Poughkeepsie one-hour
ozone nonattainment area. However,
EPA has sufficient air quality data that
the Poughkeepsie nonattainment area
has attained the one-hour standard and
is proposing to determine that the area
is in attainment of the one-hour ozone
standard.
For the eight-hour ozone
nonattainment areas, on March 19, 2007
the New York State Department of
Environmental Conservation (New
York) requested EPA to find that air
monitoring data from 2004 to 2006 were
showing attainment of the eight-hour
ozone standard in various areas of
upstate New York. These areas were the
Albany-Schenectady-Troy, Jefferson
County, Essex County and Rochester
2 For the one-hour standard, the other portion of
Orange County is in the New York City
nonattainment area. The portions of Orange County
in each nonattainment area are listed in 40 CFR
81.333.
3 Note that at the time EPA designated one-hour
ozone attainment areas for the 0.12 ppm standard,
air monitoring data at the summit of Whiteface
Mountain violated the air quality standard but an
air quality monitor at the base of the mountain
recorded attainment of the standard. Therefore,
only the portion of Essex County above 4500 feet
in the Whiteface Mountain area was designated as
nonattainment. (See 40 CFR 81.333.)
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nonattainment areas. On June 14, 2007,
New York updated its submittal to
document its public review process,
including notice and comment for the
aforementioned areas. EPA determined
that the Albany-Schenectady-Troy,
Jefferson County, and Rochester
nonattainment areas attained the eighthour ozone standard on March 25, 2008.
(See 73 FR 15672.) At that time, EPA
deferred action on the Essex County
area (the area around Whiteface
Mountain over 1900 feet4) since the air
quality data at that time were
incomplete. EPA has reviewed
additional air quality data since New
York’s original request and these areas
are still recording attainment of the
eight-hour ozone standard and the area
in Essex County now has sufficient data
to show it is attaining the standard, as
shown later in Table 1. Recently, on July
30, 2009, New York submitted an
updated petition requesting that EPA
find that the Poughkeepsie, BuffaloNiagara Falls and Jamestown areas have
attained the eight-hour ozone standard.
The request included certified air
quality data through the 2008 ozone
season.
New Jersey, in its State
Implementation Plan (SIP) Revision for
the Attainment and Maintenance of the
Ozone National Ambient Air Quality
Standard, submitted to EPA on October
29, 2007, requested that EPA find that
the Atlantic City one-hour
nonattainment area and Warren County
(part of the Allentown-BethlehemEaston area) were attaining the one-hour
standard.
E. What Are the Likely Effects of These
Determinations of Attainment?
EPA’s ozone implementation rule at
40 CFR 51.900–918, promulgated under
sections 172 and 182 of the Clean Air
Act, describes the Clean Air Act
requirements for areas designated as not
attaining the 1997 eight-hour ozone
standard. For areas where air quality is
attaining the standard, section 51.918 of
the implementation rule provides that,
upon a determination of attainment by
EPA, the requirements for a state to
submit certain required planning SIPs
related to attainment of the eight-hour
NAAQS, such as attainment
demonstrations, reasonable further
progress plans and contingency
4 Note that at the time EPA designated these areas,
two air monitoring monitors on Whiteface
Mountain violated the air quality standard but other
air quality monitors nearest to Whiteface Mountain,
but sited at lower elevations than the monitors on
Whiteface Mountain, did not violate the standard,
so only the portion of Essex County above 1900 feet
in the Whiteface Mountain area was designated as
nonattainment. (See 40 CFR 81.333.)
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measures, shall be suspended. EPA’s
action only suspends the requirements
to submit the SIP revisions discussed
above. If this rulemaking is finalized
and EPA subsequently determines after
notice and comment rulemaking in the
Federal Register that any of these areas
have violated the standard, the basis for
the suspension of these requirements for
that area would no longer exist, and the
area would thereafter have to address
the pertinent requirements within a
reasonable period of time. EPA would
establish that period taking into account
the individual circumstances
surrounding the particular submissions
at issue.
F. How Are These Determinations of
Attainment Different From a
Redesignation to Attainment?
The determinations that EPA
proposes with this Federal Register
notice, that air quality data show
attainment of the ozone standard, are
not equivalent to the redesignation of
the areas to attainment. Using
monitoring data to show attainment of
the ozone NAAQS is only one of the
criteria set forth in CAA section
107(d)(3)(E) that must be satisfied for an
area to be redesignated to attainment. To
be redesignated, the state must submit
and receive full approval of a
redesignation request for the area that
satisfies all of the criteria of section
107(d)(3)(E), including a demonstration
that the improvement in the area’s air
quality is due to permanent and
enforceable reductions and a fullyapproved SIP meeting all of the
applicable requirements under section
110 and Part D and a fully-approved
maintenance plan.
III. Did These Areas Attain Their
Respective Ozone Standards?
In New York’s original request, it
certified the air quality data submitted
by the state for the years 2004, 2005 and
2006 was accurate and properly qualityassured and met state and EPA
monitoring requirements. New York
submitted these data to EPA’s Air
Quality System, where it is available to
the public via https://www.epa.gov/ttn/
airs/airsaqs/. After New York submitted
its petition, New York supplied
additional certified, quality-assured air
quality data from 2007 and 2008 to
EPA’s Air Quality System database. EPA
has reviewed these data to determine if
the areas proposed by New York are in
attainment when the additional data
from 2007 and 2008 are included.
Tables 1 and 2 summarize the ozone air
quality data for areas in New York and
include EPA’s evaluation of whether
these areas meet EPA’s requirements for
attaining the one- and eight-hour ozone
NAAQS.
New Jersey’s air quality data from
2006 through 2008 show that certain
parts of the state are attaining the onehour standard. These data have been
certified by the State of New Jersey as
being accurate and meeting EPA’s
requirements for quality. They are
summarized in Table 1, along with
EPA’s evaluation of whether these areas
meet EPA’s requirements for attaining
the one-hour ozone NAAQS. All of
these data are also available to the
public via https://www.epa.gov/ttn/airs/
airsaqs/.
TABLE 1—FOURTH HIGHEST CONCENTRATIONS AND DESIGN VALUES FOR THE ONE-HOUR OZONE STANDARD
Exceedences (Days over 0.124 ppm)
EPA AQS ID
Site
Year
Valid/
total
days **
Four highest daily peak one-hour ozone
(ppm)
Actual
Adjusted
for missing data
3-year average ***
Allentown-Bethlehem-Easton, PA-NJ Area (includes Warren County, NJ)
42–077–0004 .....
Allentown, PA ...
42–095–0025 .....
Freemansburg,
PA.
42–095–8000 .....
Wilson, PA ........
2006
2007
2008
2006
214/214
213/214
214/214
209/214
.115
.104
.100
.111
.100
.102
.098
.100
.098
.090
.091
.094
.094
.090
.088
.091
0
0
0
0
0.0
0.0
0.0
0.0
0.0
Attainment.
2007
2008
2006
2007
2008
214/214
214/214
211/214
209/214
209/214
.105
.107
.118
.105
.106
.105
.095
.095
.095
.093
.093
.088
.093
.094
.085
.091
.086
.093
.088
.084
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
Attainment.
.102
.084
.089
.078
.096
.083
.086
.078
0
0
0
0
0.0
0.0
0.0
0.0
0.0
Attainment.
0.0
Attainment.
0.0
0.0
Attainment.
Atlantic City, NJ
34–001–0005 .....
Brigantine, NJ *
2006
2007
2007
2008
211/214
199/214
203/214
203/214
.107
.086
.109
.083
.103
.085
.094
.081
Albany-Schenectady-Troy, NY Area
Albany, NY ........
36–083–0004 .....
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36–001–0012 .....
Rensselaer, NY
36–091–0004 .....
Saratoga, NY ....
36–093–0003 .....
Schenectady,
NY.
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211/214
212/214
198/214
208/214
201/214
210/214
212/214
202/214
212/214
214/214
.086
.114
.107
.085
.099
.097
.099
.113
.100
.079
.081
.111
.096
.082
.088
.096
.086
.096
.095
.076
.078
.091
.089
.080
.087
.090
.083
.095
.093
.074
.077
.089
.082
.079
.086
.083
.082
.090
.088
.074
0
0
0
0
0
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
2007
2008
VerDate Nov<24>2008
2006
2007
2008
2006
2007
2008
2006
2007
2008
2006
208/214
211/214
.100
.096
.097
.092
.081
.078
.077
.078
0
0
0.0
0.0
PO 00000
Frm 00079
Fmt 4702
Sfmt 4702
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0.0
Attainment.
0.0
Attainment.
0.0
Attainment.
48502
Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Proposed Rules
TABLE 1—FOURTH HIGHEST CONCENTRATIONS AND DESIGN VALUES FOR THE ONE-HOUR OZONE STANDARD—Continued
EPA AQS ID
Buffalo-Niagara Falls, NY Area
36–029–0002 .....
Amherst, NY .....
36–063–1006 .....
2006
2007
2008
2006
2007
2008
Middleport, NY ..
210/214
212/214
210/214
183/214
214/214
212/214
.093
.100
.088
.092
.100
.084
.092
.098
.087
.088
.097
.081
.090
.095
.082
.085
.092
.080
.090
.094
.080
.081
.090
.079
0
0
0
0
0
0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
Attainment.
0.0
Attainment.
Essex Co, NY Area
36–031–0002 .....
2006
.081
.081
.080
.076
0
0.0
0.0
2007
2008
2006
Base, Whiteface
Mtn., NY.
196/214
197/214
203/214
211/214
.115
.097
.094
.107
.085
.083
.102
.081
.080
.094
.080
.077
0
0
0
0.0
0.0
0.0
Attainment.
2007
2008
36–031–0003 .....
Summit
Whiteface
Mtn., NY.
212/214
212/214
.103
.087
.092
.083
.091
.077
.086
.074
0
0
0.0
0.0
Attainment.
.092
.079
.091
.091
.078
.090
0
0
0
0.0
0.0
0.0
0.0
Attainment.
0.0
Attainment.
0.0
Jefferson Co, NY Area
36–045–0002 .....
Perch River, NY
2006
2007
2008
213/214
213/214
213/214
.104
.081
.094
.094
.080
.091
Poughkeepsie, NY Area
36–027–0007 .....
Millbrook, NY ....
36–071–5001 .....
Valley Central,
NY.
36–079–0005 .....
2006
2007
2008
2006
.085
.114
.109
.099
.076
.106
.099
.093
.074
.096
.097
.093
.071
.090
.091
.088
0
0
0
0
0.0
0.0
0.0
0.0
2007
2008
2006
2007
2008
Mt. Ninham, NY
205/214
214/214
210/214
214/214
211/214
213/214
199/214
209/214
207/214
.145
.129
.102
.125
.099
.130
.102
.096
.110
.097
.116
.098
.091
.107
.092
.093
.087
.087
.107
.090
2
1
0
1
0
2.0
1.0
0.0
1.0
0.0
1.0
Attainment.
0.33
Attainment.
* A new site was established nearby the old site. Both sites collected data in 2007 for comparison.
** Each of the sites listed above recorded 75% or more of the required data each year and therefore met EPA’s data completeness standards.
*** Attainment occurs when the number of days over 0.124 ppm, averaged over three years, is less than 1.1 days per year.
Note: Ozone concentration data are in parts per million (ppm).
TABLE 2—FOURTH HIGHEST CONCENTRATIONS AND DESIGN VALUES FOR THE EIGHT-HOUR OZONE STANDARD
Ozone Concentration data in parts per million (ppm)
EPA AQS ID
% Data Collection
2006, 7, 8
(Avg.)
Site
Fourth highest
2006
Fourth highest
2007
Fourth highest
2008
3-year average (design
value) *
Attainment?
(design value
<85 ppb)
Jamestown, NY Area
36–013–0006 ......
Dunkirk, NY .........
36–013–0011 ......
Westfield , NY .....
96, 99, 99 ............
(98) ......................
97, 97, 97 ............
(97) ......................
.083
.086
.084
.084
Attaining.
.075
.083
.072
.076
Attaining.
.083
.085
.076
.081
Attaining.
.074
.082
.074
.076
Attaining.
.084
.079
Attaining.
Buffalo-Niagara Falls, NY Area
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36–029–0002 ......
Amherst ...............
36–063–1006 ......
Middleport ...........
98, 99, 98 ............
(98) ......................
85, 100, 100 ........
(95) ......................
Essex Co (Whiteface Mtn), NY Area
36–031–0002 ......
VerDate Nov<24>2008
Summit Whiteface
Mtn.
19:57 Sep 22, 2009
88, 91, 94 ............
(91) ......................
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48503
TABLE 2—FOURTH HIGHEST CONCENTRATIONS AND DESIGN VALUES FOR THE EIGHT-HOUR OZONE STANDARD—
Continued
Ozone Concentration data in parts per million (ppm)
EPA AQS ID
36–031–0003 ......
% Data Collection
2006, 7, 8
(Avg.)
Site
Base, Whiteface
Mtn.
3-year average (design
value) *
Attainment?
(design value
<85 ppb)
Fourth highest
2006
Fourth highest
2007
Fourth highest
2008
.071
.076
.073
.073
Attaining.
.064
.078
.081
.075
Attaining.
.077
.083
.080
.080
Attaining.
.073
.085
.079
.079
Attaining.
98, 98, 98 ............
(98) ......................
Poughkeepsie, NY Area
36–027–0007 ......
Millbrook ..............
36–071–5001 ......
Valley Central ......
36–079–0005 ......
Mt. Ninham ..........
93, 100, 100 ........
(97) ......................
100, 99, 99 ..........
(99) ......................
92, 97, 97 ............
(95) ......................
* A design value of 0.08 ppm is the goal for attainment of the eight-hour ozone standard promulgated in 1997. Therefore, any design value
less than 0.085 ppm shows attainment of the standard.
As noted in Table 2, an area achieves
attainment of the eight-hour ozone
standard when an area’s monitoring
sites all have a design value of less than
0.085 ppm, calculated as described in
40 CFR 50, Appendix I. In this case, all
of the sites have a design value less than
0.085 ppm in 2008, which includes the
most recent year of air quality data. As
noted in a previous Federal Register
[February 14, 2008 at 73 FR 8637], the
monitor at the summit of Whiteface
Mountain recorded 64 and 74 percent of
the required data in 2004 and 2005,
respectively, which was not sufficient to
meet EPA’s data completeness
standards. Air quality data from each of
the years 2006, 2007 and 2008 meet
EPA’s quality requirements and data
completeness requirements and allow
EPA to determine this area is in
attainment.
Based on our review of the air quality
data certified by the states, attainment of
the eight-hour ozone standard has been
reached in all of these areas in New
York, and in all of the one-hour
nonattainment areas in New York,
except for the New York City
nonattainment area. The areas in New
Jersey outside the New York
nonattainment areas have met the onehour standard.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
IV. What Is EPA Proposing?
EPA’s review of air quality data from
2006 to 2008 shows that ozone
nonattainment areas of Buffalo-Niagara
Falls, Jamestown, Essex County
(Whiteface Mountain), and
Poughkeepsie in New York and, in New
Jersey, the Atlantic City and the Warren
County portion of the AllentownBethlehem-Easton areas attained the
one-hour standard. Also, the Jamestown,
Buffalo-Niagara Falls, Essex County and
VerDate Nov<24>2008
16:41 Sep 22, 2009
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Poughkeepsie areas in New York have
attained the 1997 eight-hour ozone
standard.
EPA’s determinations are based on the
most recent three years of complete,
quality-assured monitoring data at all
ozone monitoring sites in each of the
areas. Specifically, data through the
2008 ozone season demonstrates that
these areas attain the standard. As
provided in 40 CFR 51.918, if EPA’s
determinations that these areas have
attained the eight-hour ozone standard
are made final, they would suspend the
requirements under section 182(b)(1) for
submission of the reasonable further
progress plan and ozone attainment
demonstration, the requirements of
section 172(c)(9) concerning submission
of contingency measures and any other
planning SIP relating to attainment of
the eight-hour NAAQS. This suspension
of requirements would be effective as
long as the areas continue to attain the
1997 eight-hour ozone standard.
EPA emphasizes that its proposed
determinations are contingent upon the
continued monitoring and continued
attainment and maintenance of the
eight-hour ozone NAAQS in these
affected areas. If these determinations
are finalized and EPA subsequently
determines, after notice and comment
rulemaking, that an area violated the
standard, the basis for the suspension of
the planning requirements would no
longer exist, and the area would
thereafter have to address the pertinent
requirements.
EPA is soliciting public comments on
the issues discussed in this notice. EPA
will consider these comments before
taking final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
written comments to EPA as discussed
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in the ADDRESSES section of this Federal
Register.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action proposes to make
a determination based on air quality
data, and would, if finalized, result in
the suspension of certain Federal
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule proposes to make a determination
based on air quality data, and would, if
finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
proposed action also does not have
Federalism implications because it does
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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Proposed Rules
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to make a determination based
on air quality data and would, if
finalized, result in the suspension of
certain Federal requirements, and does
not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it proposes to determine that air
quality in the affected area is meeting
Federal standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act.
This proposed rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
Under Executive Order 12898, EPA
finds that this rule involves a proposed
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E9–22932 Filed 9–22–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2009–0579, EPA–HQ–
SFUND–2009–0580, EPA–HQ–SFUND–2009–
0581, EPA–HQ–SFUND–2009–0582, EPA–
HQ–SFUND–2009–0583, EPA–HQ–SFUND–
2009–0586, EPA–HQ–SFUND–2009–0587,
EPA–HQ–SFUND–2009–0590, EPA–HQ–
SFUND–2009–0591; FRL–8961–5]
RIN 2050–AD75
ACTION:
Proposed rule.
SUMMARY: The Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants, or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
intended primarily to guide the
Environmental Protection Agency
(‘‘EPA’’ or ‘‘the Agency’’) in determining
which sites warrant further
investigation. These further
investigations will allow EPA to assess
the nature and extent of public health
and environmental risks associated with
the site and to determine what CERCLAfinanced remedial action(s), if any, may
be appropriate. This rule proposes to
add nine sites to the General Superfund
Section of the NPL.
DATES: Comments regarding any of these
proposed listings must be submitted
(postmarked) on or before November 23,
2009.
ADDRESSES: Identify the appropriate
Docket Number from the table below.
National Priorities List, Proposed Rule
No. 51
AGENCY: Environmental Protection
Agency.
DOCKET IDENTIFICATION NUMBERS BY SITE
City/county, state
Salt Chuck Mine .................................................................................
Millsboro TCE .....................................................................................
JJ Seifert Machine ..............................................................................
Kerr-McGee Chemical Corp—Jacksonville ........................................
Chemetco ............................................................................................
Gratiot County Golf Course ................................................................
Kerr-McGee Chemical Corp—Navassa ..............................................
Black Butte Mine .................................................................................
Van der Horst USA Corporation .........................................................
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Site name
Outer Ketchikan County, AK ................
Millsboro, DE ........................................
Ruskin, FL ............................................
Jacksonville, FL ....................................
Madison County, IL ..............................
St. Louis, MI .........................................
Navassa, NC ........................................
Cottage Grove, OR ..............................
Terrell, TX ............................................
Submit your comments, identified by
the appropriate Docket number, by one
of the following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: superfund.docket@epa.gov
• Mail: Mail comments (no facsimiles
or tapes) to Docket Coordinator,
Headquarters; U.S. Environmental
Protection Agency; CERCLA Docket
Office; (Mail Code 5305T); 1200
VerDate Nov<24>2008
16:41 Sep 22, 2009
Jkt 217001
Pennsylvania Avenue, NW.;
Washington, DC 20460.
• Hand Delivery or Express Mail:
Send comments (no facsimiles or tapes)
to Docket Coordinator, Headquarters;
U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301
Constitution Avenue, NW., EPA West,
Room 3334, Washington, DC 20004.
Such deliveries are only accepted
during the Docket’s normal hours of
operation (8:30 a.m. to 4:30 p.m.,
PO 00000
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Docket ID No.
EPA–HQ–SFUND–2009–0579
EPA–HQ–SFUND–2009–0580
EPA–HQ–SFUND–2009–0581
EPA–HQ–SFUND–2009–0582
EPA–HQ–SFUND–2009–0583
EPA–HQ–SFUND–2009–0586
EPA–HQ–SFUND–2009–0587
EPA–HQ–SFUND–2009–0590
EPA–HQ–SFUND–2009–0591
Monday through Friday excluding
Federal holidays).
Instructions: Direct your comments to
the appropriate Docket number (see
table above). EPA’s policy is that all
comments received will be included in
the public Docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
E:\FR\FM\23SEP1.SGM
23SEP1
]]>Agencies
[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Proposed Rules]
[Pages 48498-48504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22932]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2009-0638; FRL-8960-9]
Determinations of Attainment of the One-Hour and Eight-Hour Ozone
Standards for Various Ozone Nonattainment Areas in New Jersey and
Upstate New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to determine that various ozone
nonattainment areas in New York and New Jersey have attained the one-
hour and eight-hour National Ambient Air Quality Standards for ozone.
For the one-hour standard, the areas are: the Atlantic City and Warren
County areas in New Jersey and the Albany-Schenectady-Troy, Buffalo-
Niagara Falls, Essex County, Jefferson County, and Poughkeepsie areas
in New York. For the eight-hour standard, the areas are: Buffalo-
Niagara Falls, Jamestown, Poughkeepsie and Essex County (Whiteface
Mountain). The States requested these determinations, based upon three
years of complete, quality-assured ambient air monitoring data and
these areas have continued to attain these ozone standards based on
examination of the most recent air quality data from 2006-2008. These
data demonstrate that the one-hour and eight-hour ozone standards have
been attained in these areas. If EPA makes these proposed
determinations final for the one-hour standard, the areas subject to
the one-hour standard will have completed their progress toward
achieving the one-hour health standard. In the cases where EPA
determines that areas have attained the eight-hour standard, the
requirements for the state to submit certain reasonable further
progress plans, attainment demonstrations, contingency measures and any
other planning requirements of the Clean Air Act related to attainment
of the ozone standards shall be suspended for as long as the areas
continue to attain the eight-hour ozone standard. These proposed
determinations of attainment are not redesignations of these areas to
attainment. Redesignations must meet additional requirements, including
an approved plan to maintain compliance with the air quality standard
for ten years after redesignation.
DATES: Comments must be received on or before October 23, 2009. Public
comments on this action are requested and will be considered before
taking final action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2008-0638, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Werner.Raymond@epa.gov.
Fax: 212-637-3901.
Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. 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 to
4:30 excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2009-0638. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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 https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, Air Programs Branch,
Environmental Protection Agency, Region 2, 290 Broadway, 25th Floor,
New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Are Today's Proposed Actions?
II. What Is the Background for These Actions?
A. When Were These Areas Designated?
B. How Does EPA Compute Whether an Area Complies With the One-hour
Ozone Standard?
C. How Does EPA Compute Whether an Area Complies With the Eight-hour
Ozone Standard?
D. Why Is EPA Determining if These Areas Are Attaining The Ozone
Standards?
E. What Are the Likely Effects of These Determinations of
Attainment?
F. How Are These Determinations of Attainment Different From a
Redesignation to Attainment?
III. Did These Areas Attain Their Respective Ozone Standards?
IV. What is EPA Proposing?
V. Statutory and Executive Order Reviews
[[Page 48499]]
I. What Are Today's Proposed Actions?
The EPA is proposing to determine that several areas designated as
nonattainment for ozone have attained the standard. EPA proposes that
the Atlantic City area and Warren County in New Jersey and the Albany-
Schenectady-Troy, Buffalo-Niagara Falls, Essex County, Jefferson
County, and Poughkeepsie areas in New York be certified as attaining
the one-hour ozone national ambient air quality standard (NAAQS).
EPA also proposes that four ozone nonattainment areas in New York,
namely the Buffalo-Niagara Falls, Jamestown, Poughkeepsie and the Essex
County nonattainment areas, be certified as attaining the eight-hour
NAAQS established in 1997 for ozone.
All of these determinations are based upon three years of complete,
quality-assured ambient air monitoring data for the years 2006-2008. In
order to determine the area's air quality status, EPA reviewed ozone
air quality data from the states, in accordance with 40 CFR 50.9 \1\
and EPA policy guidance, as well as data processing, data rounding and
data completeness requirements as discussed later in this proposal.
These data demonstrate that the ozone NAAQS have been attained in these
areas.
---------------------------------------------------------------------------
\1\ CFR refers to the Code of Federal Regulations, in this case
Title 40, part 50.9.
---------------------------------------------------------------------------
Pursuant to 40 CFR 51.918, if these proposed determinations are
made final for the eight-hour ozone standard, the requirements for the
state to submit attainment demonstrations and associated reasonably
available control measures, reasonable further progress plans,
contingency measures and any other State Implementation Plans (SIPs)
related to attainment of the eight-hour ozone NAAQS, will be suspended
for so long as the area continues to attain the ozone NAAQS. However,
other Clean Air Act requirements unrelated to the planning for
attainment of the standard may still be required in some of these
areas, such as development of emission inventory data and application
of Reasonably Available Control Technology to certain sources of air
pollution.
II. What Is the Background for These Actions?
A. When Were These Areas Designated?
The one-hour ozone designations in this proposed action were
established by EPA following the enactment of the Clean Air Act (CAA)
Amendments in 1990. Each area of the country that was designated
nonattainment for the one-hour ozone NAAQS was classified by operation
of law as marginal, moderate, serious, severe, or extreme depending on
the severity of the area's air quality problem. (See CAA sections
107(d)(1)(C) and 181(a)).
EPA designated and classified most areas of the country under the
eight-hour ozone NAAQS in an April 30, 2004 final rule (69 FR 23858).
On April 30, 2004, EPA also issued a final rule (69 FR 23951) entitled
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 1'', referred to as the Phase 1 Rule. Among other
matters, this rule revoked the one-hour ozone NAAQS in most other areas
of the country, effective June 15, 2005. (See, 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470, August 3, 2005.) The Phase 1 Rule also set
forth how anti-backsliding principles will ensure continued progress
toward attainment of the eight-hour ozone NAAQS by identifying which
one-hour requirements remain applicable in an area after revocation of
the one-hour ozone NAAQS. On December 22, 2006, the United States Court
of Appeals for the District of Columbia Circuit (the Court) vacated the
Phase 1 Rule. South Coast Air Quality Management Dist. v. EPA, 472 F.3d
882 (DC Cir. 2006). Subsequently, in South Coast Air Quality Management
Dist. v. EPA, 489 F.3d 1295 (DC Cir. 2007), in response to several
petitions for rehearing, the Court clarified that the Phase 1 Rule was
vacated only with regard to those parts of the rule that had been
successfully challenged. The court upheld the portions of the Phase 1
Rule relating to EPA's classification system under subpart 2. The
portions of the rule that were vacated do not affect this proposed
action.
B. How Does EPA Compute Whether an Area Complies With the One-hour
Ozone Standard?
Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, EPA's
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the one-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 ppm. 40 CFR 50.9(a) states that: ``The level of the
national one-hour primary and secondary ambient air quality standards
for ozone * * * is 0.12 parts per million. * * * The standard is
attained when the expected number of days per calendar year with
maximum hourly average concentrations of 0.12 parts per million * * *
is equal to or less than 1, as determined by appendix H to this part.''
Thus, compliance with the NAAQS is based on comparison of air quality
concentrations with the standard and on how many days that standard has
been exceeded, adjusted for the number of missing days.
For comparison with the NAAQS, EPA has clearly communicated the
data handling conventions for the one-hour ozone NAAQS in guidance
documents. As early as 1979, EPA issued guidance stating that the level
of our NAAQS dictates the number of significant figures to be used in
determining whether the standard was exceeded. The stated level of the
standard is taken as defining the number of significant figures to be
used in comparisons with the standard. For example, a standard level of
0.12 ppm means that measurements are to be rounded to two decimal
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest
concentration value in excess of the level of the standard. (See,
``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.) EPA has
consistently applied the rounding convention in this 1979 guideline.
See, 68 FR 19111 April 17, 2003, 68 FR 62043 October 31, 2003, and 69
FR 21719 April 22, 2004. Then, EPA determines attainment status under
the one-hour ozone NAAQS on the basis of the annual average number of
expected exceedances of the NAAQS over a three-year period. (See, 60 FR
3349 January 17, 1995 and see, also, ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' at
57 FR 13506 April 16, 1992 (``General Preamble''). EPA's determination
is based upon data that have been collected and quality-assured in
accordance with 40 CFR 58, and recorded in EPA's Air Quality System
(AQS) database, (formerly known as the Aerometric Information Retrieval
System (AIRS)). To account for missing data, the procedures found in
appendix H to 40 CFR 50 are used to adjust the actual number of
monitored exceedances of the standard to yield the annual number of
expected exceedances (``expected exceedance days'') at an air quality
monitoring site. Under EPA's policies, we determine if an area has
attained the one-hour ozone NAAQS by calculating, at each monitor, the
average expected number of days over the standard per year (i.e.,
``average number of expected exceedance days'') during the applicable
3-year period. See, generally, the General Preamble, 57 FR 13498, April
16, 1992 and
[[Page 48500]]
Memorandum from D. Kent Berry, Acting Director, Air Quality Management
Division, EPA, to Regional Air Office Directors; ``Procedures for
Processing Bump Ups and Extensions for Marginal Ozone Nonattainment
Areas,'' February 3, 1994. While the latter is explicitly applicable
only to marginal areas, the general procedures for evaluating
attainment in terms of the average number of expected exceedance days
during the applicable 3-year period in this memorandum apply regardless
of the initial classification of an area because all findings of
attainment are made pursuant to the same CAA requirements in section
181(b)(2).
C. How Does EPA Compute Whether an Area Complies With the Eight-hour
Ozone Standard?
As noted later in Table 2, an area achieves attainment of the
eight-hour ozone standard when an area's monitoring sites all have a
design value of less than 0.085 ppm, calculated as described in 40 CFR
50, Appendix I.
The design value is the average of each year's fourth highest
concentration, over a three year period, as described in Appendix I to
40 CFR 50. From 40 CFR 50, Appendix I, Section 2.2:
The standard-related summary statistic is the annual fourth-
highest daily maximum 8-hour average ozone concentration, expressed
in parts per million, averaged over three years. The 3-year average
shall be computed using the three most recent, consecutive calendar
years of monitoring data meeting the data completeness requirements
described in this appendix. The computed 3-year average of the
annual fourth-highest daily maximum 8-hour average ozone
concentrations shall be expressed to three decimal places (the
remaining digits to the right are truncated.)
As shown in Table 2, all of the sites have complete data and a
design value less than 0.085 ppm. All of the sites have met the
requirements of Appendix I of 40 CFR 50, which stipulates that in order
to be used for showing attainment of the standard, the three years of
data must have an average percent of days with valid ambient monitoring
data of greater than 90%, and no single year with less than 75% data
completeness.
This proposed action does not deal with the ozone standard that EPA
established in 2008. A new set of requirements will be needed after
areas are designated as not attaining this new standard. Therefore,
today's proposed action, which affects requirements developed for the
1997 ozone standard, is not affected by the 2008 ozone standard, nor
does it presume what air quality designations will be for the 2008
ozone standard or what measures an area may need to attain that
standard.
D. Why Is EPA Determining If These Areas Are Attaining the Ozone
Standards?
States have requested that EPA determine that certain areas have
met the applicable ozone standard. Also, in the course of periodic
reviews of air quality data, EPA has noted that several ozone
nonattainment areas in New Jersey and New York are now attaining the
one-hour and eight-hour standard. For the one-hour standard these areas
and their constituent counties are: in New Jersey, Warren County of the
Allentown-Bethlehem-Easton nonattainment area and Atlantic and Cape May
Counties in the Atlantic City nonattainment area; in New York, Erie and
Niagara Counties in the Buffalo-Niagara Falls area, Chautauqua County
in the Jamestown nonattainment area, Dutchess and Orange Counties and
the portion of Orange County\2\ in the Poughkeepsie nonattainment area;
and the portion of Essex County above 4500 feet\3\ in the Whiteface
Mountain area. Air quality data from the last three years from these
areas is listed later in Table 1.
---------------------------------------------------------------------------
\2\ For the one-hour standard, the other portion of Orange
County is in the New York City nonattainment area. The portions of
Orange County in each nonattainment area are listed in 40 CFR
81.333.
\3\ Note that at the time EPA designated one-hour ozone
attainment areas for the 0.12 ppm standard, air monitoring data at
the summit of Whiteface Mountain violated the air quality standard
but an air quality monitor at the base of the mountain recorded
attainment of the standard. Therefore, only the portion of Essex
County above 4500 feet in the Whiteface Mountain area was designated
as nonattainment. (See 40 CFR 81.333.)
---------------------------------------------------------------------------
The Poughkeepsie one-hour nonattainment area was initially
determined to attain the one-hour standard (59 FR 18967) but later
violated the standard and was reclassified as nonattainment (59 FR
38000). New York State did not request that EPA make a determination
regarding the Poughkeepsie one-hour ozone nonattainment area. However,
EPA has sufficient air quality data that the Poughkeepsie nonattainment
area has attained the one-hour standard and is proposing to determine
that the area is in attainment of the one-hour ozone standard.
For the eight-hour ozone nonattainment areas, on March 19, 2007 the
New York State Department of Environmental Conservation (New York)
requested EPA to find that air monitoring data from 2004 to 2006 were
showing attainment of the eight-hour ozone standard in various areas of
upstate New York. These areas were the Albany-Schenectady-Troy,
Jefferson County, Essex County and Rochester nonattainment areas. On
June 14, 2007, New York updated its submittal to document its public
review process, including notice and comment for the aforementioned
areas. EPA determined that the Albany-Schenectady-Troy, Jefferson
County, and Rochester nonattainment areas attained the eight-hour ozone
standard on March 25, 2008. (See 73 FR 15672.) At that time, EPA
deferred action on the Essex County area (the area around Whiteface
Mountain over 1900 feet\4\) since the air quality data at that time
were incomplete. EPA has reviewed additional air quality data since New
York's original request and these areas are still recording attainment
of the eight-hour ozone standard and the area in Essex County now has
sufficient data to show it is attaining the standard, as shown later in
Table 1. Recently, on July 30, 2009, New York submitted an updated
petition requesting that EPA find that the Poughkeepsie, Buffalo-
Niagara Falls and Jamestown areas have attained the eight-hour ozone
standard. The request included certified air quality data through the
2008 ozone season.
---------------------------------------------------------------------------
\4\ Note that at the time EPA designated these areas, two air
monitoring monitors on Whiteface Mountain violated the air quality
standard but other air quality monitors nearest to Whiteface
Mountain, but sited at lower elevations than the monitors on
Whiteface Mountain, did not violate the standard, so only the
portion of Essex County above 1900 feet in the Whiteface Mountain
area was designated as nonattainment. (See 40 CFR 81.333.)
---------------------------------------------------------------------------
New Jersey, in its State Implementation Plan (SIP) Revision for the
Attainment and Maintenance of the Ozone National Ambient Air Quality
Standard, submitted to EPA on October 29, 2007, requested that EPA find
that the Atlantic City one-hour nonattainment area and Warren County
(part of the Allentown-Bethlehem-Easton area) were attaining the one-
hour standard.
E. What Are the Likely Effects of These Determinations of Attainment?
EPA's ozone implementation rule at 40 CFR 51.900-918, promulgated
under sections 172 and 182 of the Clean Air Act, describes the Clean
Air Act requirements for areas designated as not attaining the 1997
eight-hour ozone standard. For areas where air quality is attaining the
standard, section 51.918 of the implementation rule provides that, upon
a determination of attainment by EPA, the requirements for a state to
submit certain required planning SIPs related to attainment of the
eight-hour NAAQS, such as attainment demonstrations, reasonable further
progress plans and contingency
[[Page 48501]]
measures, shall be suspended. EPA's action only suspends the
requirements to submit the SIP revisions discussed above. If this
rulemaking is finalized and EPA subsequently determines after notice
and comment rulemaking in the Federal Register that any of these areas
have violated the standard, the basis for the suspension of these
requirements for that area would no longer exist, and the area would
thereafter have to address the pertinent requirements within a
reasonable period of time. EPA would establish that period taking into
account the individual circumstances surrounding the particular
submissions at issue.
F. How Are These Determinations of Attainment Different From a
Redesignation to Attainment?
The determinations that EPA proposes with this Federal Register
notice, that air quality data show attainment of the ozone standard,
are not equivalent to the redesignation of the areas to attainment.
Using monitoring data to show attainment of the ozone NAAQS is only one
of the criteria set forth in CAA section 107(d)(3)(E) that must be
satisfied for an area to be redesignated to attainment. To be
redesignated, the state must submit and receive full approval of a
redesignation request for the area that satisfies all of the criteria
of section 107(d)(3)(E), including a demonstration that the improvement
in the area's air quality is due to permanent and enforceable
reductions and a fully-approved SIP meeting all of the applicable
requirements under section 110 and Part D and a fully-approved
maintenance plan.
III. Did These Areas Attain Their Respective Ozone Standards?
In New York's original request, it certified the air quality data
submitted by the state for the years 2004, 2005 and 2006 was accurate
and properly quality-assured and met state and EPA monitoring
requirements. New York submitted these data to EPA's Air Quality
System, where it is available to the public via https://www.epa.gov/ttn/airs/airsaqs/. After New York submitted its petition, New York supplied
additional certified, quality-assured air quality data from 2007 and
2008 to EPA's Air Quality System database. EPA has reviewed these data
to determine if the areas proposed by New York are in attainment when
the additional data from 2007 and 2008 are included. Tables 1 and 2
summarize the ozone air quality data for areas in New York and include
EPA's evaluation of whether these areas meet EPA's requirements for
attaining the one- and eight-hour ozone NAAQS.
New Jersey's air quality data from 2006 through 2008 show that
certain parts of the state are attaining the one-hour standard. These
data have been certified by the State of New Jersey as being accurate
and meeting EPA's requirements for quality. They are summarized in
Table 1, along with EPA's evaluation of whether these areas meet EPA's
requirements for attaining the one-hour ozone NAAQS. All of these data
are also available to the public via https://www.epa.gov/ttn/airs/airsaqs/.
Table 1--Fourth Highest Concentrations and Design Values for the One-Hour Ozone Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exceedences (Days over 0.124 ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA AQS ID Site.............. Year Valid/ Four highest daily peak one-hour ozone Actual Adjusted 3-year average ***
total (ppm) for
days ** missing
data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allentown-Bethlehem-Easton, PA-NJ Area (includes Warren County, NJ)
--------------------------------------------------------------------------------------------------------------------------------------------------------
42-077-0004..................... Allentown, PA..... 2006 214/214 .115 .100 .098 .094 0 0.0 0.0
2007 213/214 .104 .102 .090 .090 0 0.0 Attainment.
2008 214/214 .100 .098 .091 .088 0 0.0
42-095-0025..................... Freemansburg, PA.. 2006 209/214 .111 .100 .094 .091 0 0.0 0.0
2007 214/214 .105 .105 .093 .091 0 0.0 Attainment.
2008 214/214 .107 .095 .088 .086 0 0.0
42-095-8000..................... Wilson, PA........ 2006 211/214 .118 .095 .093 .093 0 0.0 0.0
2007 209/214 .105 .095 .094 .088 0 0.0 Attainment.
2008 209/214 .106 .093 .085 .084 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic City, NJ
--------------------------------------------------------------------------------------------------------------------------------------------------------
34-001-0005..................... Brigantine, NJ *.. 2006 211/214 .107 .103 .102 .096 0 0.0 0.0
2007 199/214 .086 .085 .084 .083 0 0.0 Attainment.
2007 203/214 .109 .094 .089 .086 0 0.0
2008 203/214 .083 .081 .078 .078 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Albany-Schenectady-Troy, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-001-0012..................... Albany, NY........ 2006 211/214 .086 .081 .078 .077 0 0.0 0.0
2007 212/214 .114 .111 .091 .089 0 0.0 Attainment.
2008 198/214 .107 .096 .089 .082 0 0.0
36-083-0004..................... Rensselaer, NY.... 2006 208/214 .085 .082 .080 .079 0 0.0 0.0
2007 201/214 .099 .088 .087 .086 0 0.0 Attainment.
2008 210/214 .097 .096 .090 .083 0 0.0
36-091-0004..................... Saratoga, NY...... 2006 212/214 .099 .086 .083 .082 0 0.0 0.0
2007 202/214 .113 .096 .095 .090 0 0.0 Attainment.
2008 212/214 .100 .095 .093 .088 0 0.0
36-093-0003..................... Schenectady, NY... 2006 214/214 .079 .076 .074 .074 0 0.0 0.0
2007 208/214 .100 .097 .081 .077 0 0.0 Attainment.
2008 211/214 .096 .092 .078 .078 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 48502]]
Buffalo-Niagara Falls, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-029-0002..................... Amherst, NY....... 2006 210/214 .093 .092 .090 .090 0 0.0 0.0
2007 212/214 .100 .098 .095 .094 0 0.0 Attainment.
2008 210/214 .088 .087 .082 .080 0 0.0
36-063-1006..................... Middleport, NY.... 2006 183/214 .092 .088 .085 .081 0 0.0 0.0
2007 214/214 .100 .097 .092 .090 0 0.0 Attainment.
2008 212/214 .084 .081 .080 .079 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Essex Co, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-031-0002..................... Summit Whiteface 2006 196/214 .081 .081 .080 .076 0 0.0 0.0
Mtn., NY.
2007 197/214 .115 .107 .102 .094 0 0.0 Attainment.
2008 203/214 .097 .085 .081 .080 0 0.0
36-031-0003..................... Base, Whiteface 2006 211/214 .094 .083 .080 .077 0 0.0 0.0
Mtn., NY.
2007 212/214 .103 .092 .091 .086 0 0.0 Attainment.
2008 212/214 .087 .083 .077 .074 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jefferson Co, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-045-0002..................... Perch River, NY... 2006 213/214 .104 .094 .092 .091 0 0.0 0.0
2007 213/214 .081 .080 .079 .078 0 0.0 Attainment.
2008 213/214 .094 .091 .091 .090 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Poughkeepsie, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-027-0007..................... Millbrook, NY..... 2006 205/214 .085 .076 .074 .071 0 0.0 0.0
2007 214/214 .114 .106 .096 .090 0 0.0 Attainment.
2008 210/214 .109 .099 .097 .091 0 0.0
36-071-5001..................... Valley Central, NY 2006 214/214 .099 .093 .093 .088 0 0.0 1.0
2007 211/214 .145 .130 .116 .093 2 2.0 Attainment.
2008 213/214 .129 .102 .098 .087 1 1.0
36-079-0005..................... Mt. Ninham, NY.... 2006 199/214 .102 .096 .091 .087 0 0.0 0.33
2007 209/214 .125 .110 .107 .107 1 1.0 Attainment.
2008 207/214 .099 .097 .092 .090 0 0.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* A new site was established nearby the old site. Both sites collected data in 2007 for comparison.
** Each of the sites listed above recorded 75% or more of the required data each year and therefore met EPA's data completeness standards.
*** Attainment occurs when the number of days over 0.124 ppm, averaged over three years, is less than 1.1 days per year.
Note: Ozone concentration data are in parts per million (ppm).
Table 2--Fourth Highest Concentrations and Design Values for the Eight-hour Ozone Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ozone Concentration data in parts per million (ppm)
---------------------------------------------------------------- Attainment?
EPA AQS ID Site % Data Collection 3-year average (design value <85
2006, 7, 8 (Avg.) Fourth highest Fourth highest Fourth highest (design value) ppb)
2006 2007 2008 *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jamestown, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-013-0006................... Dunkirk, NY...... 96, 99, 99....... .083 .086 .084 .084 Attaining.
(98).............
36-013-0011................... Westfield , NY... 97, 97, 97....... .075 .083 .072 .076 Attaining.
(97).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Buffalo-Niagara Falls, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-029-0002................... Amherst.......... 98, 99, 98....... .083 .085 .076 .081 Attaining.
(98).............
36-063-1006................... Middleport....... 85, 100, 100..... .074 .082 .074 .076 Attaining.
(95).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Essex Co (Whiteface Mtn), NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-031-0002................... Summit Whiteface 88, 91, 94....... .071 .084 .084 .079 Attaining.
Mtn. (91).............
[[Page 48503]]
36-031-0003................... Base, Whiteface 98, 98, 98....... .071 .076 .073 .073 Attaining.
Mtn. (98).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Poughkeepsie, NY Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
36-027-0007................... Millbrook........ 93, 100, 100..... .064 .078 .081 .075 Attaining.
(97).............
36-071-5001................... Valley Central... 100, 99, 99...... .077 .083 .080 .080 Attaining.
(99).............
36-079-0005................... Mt. Ninham....... 92, 97, 97....... .073 .085 .079 .079 Attaining.
(95).............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* A design value of 0.08 ppm is the goal for attainment of the eight-hour ozone standard promulgated in 1997. Therefore, any design value less than
0.085 ppm shows attainment of the standard.
As noted in Table 2, an area achieves attainment of the eight-hour
ozone standard when an area's monitoring sites all have a design value
of less than 0.085 ppm, calculated as described in 40 CFR 50, Appendix
I. In this case, all of the sites have a design value less than 0.085
ppm in 2008, which includes the most recent year of air quality data.
As noted in a previous Federal Register [February 14, 2008 at 73 FR
8637], the monitor at the summit of Whiteface Mountain recorded 64 and
74 percent of the required data in 2004 and 2005, respectively, which
was not sufficient to meet EPA's data completeness standards. Air
quality data from each of the years 2006, 2007 and 2008 meet EPA's
quality requirements and data completeness requirements and allow EPA
to determine this area is in attainment.
Based on our review of the air quality data certified by the
states, attainment of the eight-hour ozone standard has been reached in
all of these areas in New York, and in all of the one-hour
nonattainment areas in New York, except for the New York City
nonattainment area. The areas in New Jersey outside the New York
nonattainment areas have met the one-hour standard.
IV. What Is EPA Proposing?
EPA's review of air quality data from 2006 to 2008 shows that ozone
nonattainment areas of Buffalo-Niagara Falls, Jamestown, Essex County
(Whiteface Mountain), and Poughkeepsie in New York and, in New Jersey,
the Atlantic City and the Warren County portion of the Allentown-
Bethlehem-Easton areas attained the one-hour standard. Also, the
Jamestown, Buffalo-Niagara Falls, Essex County and Poughkeepsie areas
in New York have attained the 1997 eight-hour ozone standard.
EPA's determinations are based on the most recent three years of
complete, quality-assured monitoring data at all ozone monitoring sites
in each of the areas. Specifically, data through the 2008 ozone season
demonstrates that these areas attain the standard. As provided in 40
CFR 51.918, if EPA's determinations that these areas have attained the
eight-hour ozone standard are made final, they would suspend the
requirements under section 182(b)(1) for submission of the reasonable
further progress plan and ozone attainment demonstration, the
requirements of section 172(c)(9) concerning submission of contingency
measures and any other planning SIP relating to attainment of the
eight-hour NAAQS. This suspension of requirements would be effective as
long as the areas continue to attain the 1997 eight-hour ozone
standard.
EPA emphasizes that its proposed determinations are contingent upon
the continued monitoring and continued attainment and maintenance of
the eight-hour ozone NAAQS in these affected areas. If these
determinations are finalized and EPA subsequently determines, after
notice and comment rulemaking, that an area violated the standard, the
basis for the suspension of the planning requirements would no longer
exist, and the area would thereafter have to address the pertinent
requirements.
EPA is soliciting public comments on the issues discussed in this
notice. EPA will consider these comments before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to EPA as discussed in the ADDRESSES
section of this Federal Register.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action proposes to make a determination based on air quality data, and
would, if finalized, result in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does
[[Page 48504]]
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it proposes to determine
that air quality in the affected area is meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that otherwise satisfy the provisions of the
Clean Air Act.
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.)
Under Executive Order 12898, EPA finds that this rule involves a
proposed determination of attainment based on air quality data and will
not have disproportionately high and adverse human health or
environmental effects on any communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E9-22932 Filed 9-22-09; 8:45 am]
BILLING CODE 6560-50-P
