Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Alabama: Birmingham; Determination of Attaining Data for the 1997 Annual Fine Particulate Matter Standards, 20291-20293 [2011-8702]
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0316–201117; FRL–
9293–3]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Alabama:
Birmingham; Determination of
Attaining Data for the 1997 Annual Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Birmingham,
Alabama, fine particulate (PM2.5)
nonattainment area (hereafter referred to
as the ‘‘Birmingham Area’’ or ‘‘Area’’) has
attained the 1997 annual average PM2.5
National Ambient Air Quality Standards
(NAAQS). The Birmingham Area is
comprised of Jefferson and Shelby
Counties in their entireties, and a
portion of Walker County in Alabama.
This proposed determination of
attaining data is based upon complete,
quality-assured and certified ambient air
monitoring data for the 2008–2010
period showing that the Area has
monitored attainment of the 1997
annual PM2.5 NAAQS. If EPA finalizes
this proposed determination of attaining
data, the requirements for the Area to
submit an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the standard
shall be suspended so long as the Area
continues to attain the annual PM2.5
NAAQS.
DATES: Comments must be received on
or before May 12, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2011–0316, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9040.
4. Mail: EPA–R04–OAR–2011–0316,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303–8960.
5. Hand Delivery: Lynorae Benjamin,
Chief, Regulatory Development Section,
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SUMMARY:
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Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2011–
0316. 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 through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. 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.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
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20291
available either electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sara
Waterson or Joel Huey, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
Waterson may be reached by phone at
(404) 562–9061 or via electronic mail at
waterson.sara@epa.gov. Mr. Huey may
be reached by phone at (404) 562–9104.
Mr. Huey can also be reached via
electronic mail at huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the background for this action?
III. Does the Birmingham area meet the
annual PM2.5 NAAQS?
A. Criteria
B. Birmingham Area Air Quality
IV. What is the effect of this action?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that
the Birmingham Area (comprised of
Jefferson and Shelby Counties in their
entireties, and a portion of Walker
County) has attaining data for the 1997
annual PM2.5 NAAQS. The proposal is
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2008–2010 monitoring
period that show that the Area has
monitored attainment of the 1997
annual PM2.5 NAAQS.
II. What is the background for this
action?
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter
(μg/m3) based on a 3-year average of
annual mean PM2.5 concentrations. At
that time, EPA also established a 24hour NAAQS of 65 μg/m3. See 40 CFR
50.7. On January 5, 2005 (70 FR 944),
EPA published its air quality
designations and classifications for the
1997 PM2.5 NAAQS based upon air
quality monitoring data from those
monitors for calendar years 2001–2003.
These designations became effective on
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April 5, 2005. The Birmingham Area
was designated nonattainment for the
1997 annual PM2.5 NAAQS. See 40 CFR
81.301.
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15.0 μg/m3 based on a 3-year
average of annual mean PM2.5
concentrations, and promulgated a
24-hour NAAQS of 35 μg/m3 based on
a 3-year average of the 98th percentile
of 24-hour concentrations. On
November 13, 2009, EPA designated the
Birmingham Area as nonattainment for
the 2006 24-hour NAAQS (74 FR
58688).1 In that action, EPA also
clarified the designations for the
NAAQS promulgated in 1997, stating
that the Birmingham Area was
designated as nonattainment for the
annual NAAQS but attainment for the
24-hour NAAQS. Thus, today’s action
does not address attainment of either
the 1997 24-hour NAAQS.
In response to legal challenges of the
annual NAAQS promulgated in 2006,
the U.S. Court of Appeals for the District
of Columbia Circuit (DC Circuit)
remanded this NAAQS to EPA for
further consideration. See American
Farm Bureau Federation and National
Pork Producers Council, et al. v. EPA,
559 F.3d 512 (D.C. Cir. 2009). However,
given that the 1997 and 2006 annual
NAAQS are essentially identical,
attainment of the 1997 annual NAAQS
would also indicate attainment of the
remanded 2006 annual NAAQS.
On April 25, 2007 (72 FR 20664), EPA
promulgated its PM2.5 implementation
rule, codified at 40 CFR part 51, subpart
Z, in which the Agency provided
guidance for state and tribal plans to
implement the 1997 PM2.5 NAAQS. This
rule, at 40 CFR 51.1004(c), specifies
some of the regulatory consequences of
attaining the NAAQS, as discussed
below.
III. Does the Birmingham area meet the
annual PM2.5 NAAQS?
A. Criteria
Today’s rulemaking proposes to find
that the Birmingham Area is attaining
the 1997 annual PM2.5 NAAQS, and
provides a basis for that final action.
The Birmingham Area is comprised of
Jefferson and Shelby Counties in their
entireties, and a portion of Walker
County in Alabama.
Under EPA regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 NAAQS are met when the annual
arithmetic mean concentration, as
determined in accordance with 40 CFR
part 50, Appendix N, is less than or
equal to 15.0 μg/m3 at all relevant
monitoring sites in the Area.
B. Birmingham Area Air Quality
EPA has reviewed the ambient air
monitoring data for the Birmingham
Area in accordance with the provisions
of 40 CFR part 50, Appendix N. All data
considered have been quality-assured,
certified, and recorded in EPA’s Air
Quality System database. This review
addresses air quality data collected in
the 3-year period from 2008–2010.
The following table provides the
annual average concentrations averaged
over 2008–2010 at all the sites in the
Birmingham Area with at least 75
percent complete data in each quarter of
each of those 3 years:
TABLE 1—ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE BIRMINGHAM, ALABAMA NONATTAINMENT
AREA
2008 98th
Percentile
(μg/m3)
Location
Site No.
North Birmingham ................................................................
McAdory ...............................................................................
Bruce Shaw Road ................................................................
Asheville Road .....................................................................
Wylam ..................................................................................
Hoover ..................................................................................
Pinson High School .............................................................
Corner School Road ............................................................
Pelham High School ............................................................
Highland Avenue ..................................................................
01–073–0023
01–073–1005
01–073–1009
01–073–1010
01–073–2003
01–073–2006
01–073–5002
01–073–5003
01–117–0006
01–127–0002
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2 The
2009 98th
Percentile
(μg/m3)
15.5
12.2
10.8
13.2
14.4
12.1
11.9
11.5
11.6
11.7
11.7
10.4
9.6
10.3
11.3
10.3
9.9
9.7
9.8
10.1
2010 98th
Percentile
(μg/m3)
2008–2010
Design value
(μg/m3)
13.8
11.8
10.1
12.1
12.4
11.8
10.9
10.7
2 11.3
11.3
13.7
11.5
10.2
11.9
12.7
11.4
10.9
10.6
10.9
11.0
Pelham High School monitor did not meet data completeness in the 3rd quarter of 2010.
The Pelham High School monitor did
not meet data completeness for the 3rd
quarter of 2010. The 2010 average
annual concentration for Pelham High
School monitor without data
substitution is 11.3 μg/m3. The 2010
average annual concentrations for 2008–
2010 with data substitution is 13.9 μg/
m3. The 3-year 2008–2010 design value
with data substitution is 11.8 μg/m3;
therefore, the monitor passes the data
substitution test. The official design
value for the monitor is 10.9 μg/m3. The
complete procedure for the maximum
value data substitution test can be found
in the EPA guidance document
‘‘Guideline on Data Handling
Conventions for the PM NAAQS,’’ dated
April 1999. The highest 3-year average
annual concentration for 2008–2010 is
13.7 μg/m3 at the North Birmingham
monitor.
EPA believes that the Birmingham
Area is now meeting the 1997 annual
PM2.5 NAAQS. Since few data are
available for 2011, the 2008–2010 data
represent the most recent available data
for EPA to use in its assessment. On the
basis of this review, EPA is proposing to
determine that the Birmingham Area
has attained the 1997 annual PM2.5
NAAQS. EPA is soliciting public
1 Although the Birmingham Area is designated
nonattainment for the 2006 PM2.5 NAAQS, EPA
finalized a determination that the Area is currently
attaining the 2006 PM2.5 NAAQS. See 75 FR 57186.
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comments on its proposal to determine
that the Birmingham Area has attained
the 1997 annual PM2.5 NAAQS.
IV. What is the effect of this action?
If this proposed determination of
attaining data is made final, the
requirements for the Birmingham Area
to submit an attainment demonstration
and associated RACM, a RFP plan,
contingency measures, and any other
planning SIPs related to attainment of
the 1997 annual PM2.5 NAAQS would
be suspended for so long as the Area
continues to attain the PM2.5 NAAQS.
See 40 CFR 51.1004(c). Notably, as
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described below, any such
determination would not be equivalent
to the redesignation of the Area to
attainment for the annual PM2.5
NAAQS.
If this proposed rulemaking is
finalized and EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the Area has violated the annual PM2.5
NAAQS, the basis for the suspension of
the specific requirements would no
longer exist for the Birmingham Area,
and the Area would thereafter have to
address the applicable requirements.
See 40 CFR 51.1004(c).
Finalizing this proposed action would
not constitute a redesignation of the
Area to attainment of the annual PM2.5
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, finalizing
this proposed action does not involve
approving a maintenance plan for the
Area as required under section 175A of
the CAA, nor would it find that the Area
has met all other requirements for
redesignation. Even if EPA finalizes the
proposed action, the designation status
of the Birmingham Area would remain
nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA
determines that the Area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the Area.
This action is only a proposed
determination of attaining data that the
Birmingham Area has attained the 1997
annual PM2.5 NAAQS. Today’s action
does not address the 24-hour PM2.5
NAAQS.
If the Birmingham Area continues to
monitor attainment of the annual PM2.5
NAAQS, the requirements for the
Birmingham Area to submit an
attainment demonstration and
associated RACM, a RFP plan,
contingency measures, and any other
planning SIPs related to attainment of
the annual PM2.5 NAAQS will remain
suspended.
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 1997 annual
average PM2.5 NAAQS data
determination for the Birmingham Area
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
V. Statutory and Executive Order
Reviews
This action proposes to make a
determination of attainment based on
air quality, and would, if finalized,
result in the suspension of certain
federal requirements, and it would not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 4, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011–8702 Filed 4–11–11; 8:45 am]
BILLING CODE 6560–50–P
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20293
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0029–201103; FRL–
9293–2]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; CharlotteGastonia-Rock Hill, North Carolina and
South Carolina: Determination of
Attainment for the 1997 8-Hour Ozone
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Charlotte-GastoniaRock Hill, North Carolina-South
Carolina nonattainment area has
attained the 1997 8-hour ozone national
ambient air quality standards (NAAQS)
based on quality assured, quality
controlled monitoring data from 2008–
2010. The Charlotte-Gastonia-Rock Hill,
North Carolina-South Carolina 1997 8hour ozone nonattainment area
(hereafter referred to as the ‘‘bi-state
Charlotte Area’’) is comprised of
Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a
portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North
Carolina; and a portion of York County
in South Carolina. If this proposed
determination is made final, the
requirement for the States of North
Carolina and South Carolina to submit
an attainment demonstration and
associated reasonably available control
measures (RACM) analyses, reasonable
further progress (RFP) plans,
contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the 1997
8-hour ozone NAAQS for the bi-state
Charlotte Area, shall be suspended for
as long as the Area continues to meet
the 1997 8-hour ozone NAAQS.
DATES: Written comments must be
received on or before May 12, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2011–0029 by one of the following
methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2011–0029,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20291-20293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8702]
[[Page 20291]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0316-201117; FRL-9293-3]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama:
Birmingham; Determination of Attaining Data for the 1997 Annual Fine
Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to determine that the Birmingham, Alabama,
fine particulate (PM2.5) nonattainment area (hereafter
referred to as the ``Birmingham Area'' or ``Area'') has attained the
1997 annual average PM2.5 National Ambient Air Quality
Standards (NAAQS). The Birmingham Area is comprised of Jefferson and
Shelby Counties in their entireties, and a portion of Walker County in
Alabama. This proposed determination of attaining data is based upon
complete, quality-assured and certified ambient air monitoring data for
the 2008-2010 period showing that the Area has monitored attainment of
the 1997 annual PM2.5 NAAQS. If EPA finalizes this proposed
determination of attaining data, the requirements for the Area to
submit an attainment demonstration and associated reasonably available
control measures (RACM), a reasonable further progress (RFP) plan,
contingency measures, and other planning State Implementation Plan
(SIP) revisions related to attainment of the standard shall be
suspended so long as the Area continues to attain the annual
PM2.5 NAAQS.
DATES: Comments must be received on or before May 12, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0316, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9040.
4. Mail: EPA-R04-OAR-2011-0316, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960.
5. Hand Delivery: Lynorae Benjamin, Chief, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0316. 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. 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.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Sara Waterson or Joel Huey, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Waterson may be
reached by phone at (404) 562-9061 or via electronic mail at
waterson.sara@epa.gov. Mr. Huey may be reached by phone at (404) 562-
9104. Mr. Huey can also be reached via electronic mail at
huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the background for this action?
III. Does the Birmingham area meet the annual PM2.5
NAAQS?
A. Criteria
B. Birmingham Area Air Quality
IV. What is the effect of this action?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that the Birmingham Area (comprised
of Jefferson and Shelby Counties in their entireties, and a portion of
Walker County) has attaining data for the 1997 annual PM2.5
NAAQS. The proposal is based upon complete, quality-assured and
certified ambient air monitoring data for the 2008-2010 monitoring
period that show that the Area has monitored attainment of the 1997
annual PM2.5 NAAQS.
II. What is the background for this action?
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. At that time, EPA also established a 24-hour NAAQS of
65 [mu]g/m\3\. See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA
published its air quality designations and classifications for the 1997
PM2.5 NAAQS based upon air quality monitoring data from
those monitors for calendar years 2001-2003. These designations became
effective on
[[Page 20292]]
April 5, 2005. The Birmingham Area was designated nonattainment for the
1997 annual PM2.5 NAAQS. See 40 CFR 81.301.
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, and promulgated a 24-hour
NAAQS of 35 [mu]g/m\3\ based on a 3-year average of the 98th percentile
of 24-hour concentrations. On November 13, 2009, EPA designated the
Birmingham Area as nonattainment for the 2006 24-hour NAAQS (74 FR
58688).\1\ In that action, EPA also clarified the designations for the
NAAQS promulgated in 1997, stating that the Birmingham Area was
designated as nonattainment for the annual NAAQS but attainment for the
24-hour NAAQS. Thus, today's action does not address attainment of
either the 1997 24-hour NAAQS.
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\1\ Although the Birmingham Area is designated nonattainment for
the 2006 PM2.5 NAAQS, EPA finalized a determination that
the Area is currently attaining the 2006 PM2.5 NAAQS. See
75 FR 57186.
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In response to legal challenges of the annual NAAQS promulgated in
2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded this NAAQS to EPA for further consideration. See
American Farm Bureau Federation and National Pork Producers Council, et
al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given that the 1997
and 2006 annual NAAQS are essentially identical, attainment of the 1997
annual NAAQS would also indicate attainment of the remanded 2006 annual
NAAQS.
On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and tribal
plans to implement the 1997 PM2.5 NAAQS. This rule, at 40
CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the NAAQS, as discussed below.
III. Does the Birmingham area meet the annual PM2.5 NAAQS?
A. Criteria
Today's rulemaking proposes to find that the Birmingham Area is
attaining the 1997 annual PM2.5 NAAQS, and provides a basis
for that final action. The Birmingham Area is comprised of Jefferson
and Shelby Counties in their entireties, and a portion of Walker County
in Alabama.
Under EPA regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 NAAQS are met when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all relevant
monitoring sites in the Area.
B. Birmingham Area Air Quality
EPA has reviewed the ambient air monitoring data for the Birmingham
Area in accordance with the provisions of 40 CFR part 50, Appendix N.
All data considered have been quality-assured, certified, and recorded
in EPA's Air Quality System database. This review addresses air quality
data collected in the 3-year period from 2008-2010.
The following table provides the annual average concentrations
averaged over 2008-2010 at all the sites in the Birmingham Area with at
least 75 percent complete data in each quarter of each of those 3
years:
Table 1--Annual Average PM2.5 Concentrations for Monitors in the Birmingham, Alabama Nonattainment Area
----------------------------------------------------------------------------------------------------------------
2008 98th 2009 98th 2010 98th 2008-2010
Location Site No. Percentile Percentile Percentile Design value
([mu]g/m\3\) ([mu]g/m\3\) ([mu]g/m\3\) ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
North Birmingham................ 01-073-0023 15.5 11.7 13.8 13.7
McAdory......................... 01-073-1005 12.2 10.4 11.8 11.5
Bruce Shaw Road................. 01-073-1009 10.8 9.6 10.1 10.2
Asheville Road.................. 01-073-1010 13.2 10.3 12.1 11.9
Wylam........................... 01-073-2003 14.4 11.3 12.4 12.7
Hoover.......................... 01-073-2006 12.1 10.3 11.8 11.4
Pinson High School.............. 01-073-5002 11.9 9.9 10.9 10.9
Corner School Road.............. 01-073-5003 11.5 9.7 10.7 10.6
Pelham High School.............. 01-117-0006 11.6 9.8 \2\ 11.3 10.9
Highland Avenue................. 01-127-0002 11.7 10.1 11.3 11.0
----------------------------------------------------------------------------------------------------------------
\2\ The Pelham High School monitor did not meet data completeness in the 3rd quarter of 2010.
The Pelham High School monitor did not meet data completeness for
the 3rd quarter of 2010. The 2010 average annual concentration for
Pelham High School monitor without data substitution is 11.3 [micro]g/
m\3\. The 2010 average annual concentrations for 2008-2010 with data
substitution is 13.9 [micro]g/m\3\. The 3-year 2008-2010 design value
with data substitution is 11.8 [micro]g/m\3\; therefore, the monitor
passes the data substitution test. The official design value for the
monitor is 10.9 [micro]g/m\3\. The complete procedure for the maximum
value data substitution test can be found in the EPA guidance document
``Guideline on Data Handling Conventions for the PM NAAQS,'' dated
April 1999. The highest 3-year average annual concentration for 2008-
2010 is 13.7 [mu]g/m\3\ at the North Birmingham monitor.
EPA believes that the Birmingham Area is now meeting the 1997
annual PM2.5 NAAQS. Since few data are available for 2011,
the 2008-2010 data represent the most recent available data for EPA to
use in its assessment. On the basis of this review, EPA is proposing to
determine that the Birmingham Area has attained the 1997 annual
PM2.5 NAAQS. EPA is soliciting public comments on its
proposal to determine that the Birmingham Area has attained the 1997
annual PM2.5 NAAQS.
IV. What is the effect of this action?
If this proposed determination of attaining data is made final, the
requirements for the Birmingham Area to submit an attainment
demonstration and associated RACM, a RFP plan, contingency measures,
and any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS would be suspended for so long as the Area
continues to attain the PM2.5 NAAQS. See 40 CFR 51.1004(c).
Notably, as
[[Page 20293]]
described below, any such determination would not be equivalent to the
redesignation of the Area to attainment for the annual PM2.5
NAAQS.
If this proposed rulemaking is finalized and EPA subsequently
determines, after notice-and-comment rulemaking in the Federal
Register, that the Area has violated the annual PM2.5 NAAQS,
the basis for the suspension of the specific requirements would no
longer exist for the Birmingham Area, and the Area would thereafter
have to address the applicable requirements. See 40 CFR 51.1004(c).
Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the annual PM2.5
NAAQS under section 107(d)(3) of the Clean Air Act (CAA). Further,
finalizing this proposed action does not involve approving a
maintenance plan for the Area as required under section 175A of the
CAA, nor would it find that the Area has met all other requirements for
redesignation. Even if EPA finalizes the proposed action, the
designation status of the Birmingham Area would remain nonattainment
for the 1997 annual PM2.5 NAAQS until such time as EPA
determines that the Area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the Area.
This action is only a proposed determination of attaining data that
the Birmingham Area has attained the 1997 annual PM2.5
NAAQS. Today's action does not address the 24-hour PM2.5
NAAQS.
If the Birmingham Area continues to monitor attainment of the
annual PM2.5 NAAQS, the requirements for the Birmingham Area
to submit an attainment demonstration and associated RACM, a RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the annual PM2.5 NAAQS will remain suspended.
V. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and would, if finalized, result in the suspension of
certain federal requirements, and it would not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this proposed 1997 annual average PM2.5 NAAQS data
determination for the Birmingham Area does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 4, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-8702 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P
