Proposed Approval of Air Quality Implementation Plan; Ohio and West Virginia; Determinations of Attainment of the 1997 Annual Fine Particle Standard for Four Nonattainment Areas, 28393-28397 [2011-12061]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0393; FRL–9307–2]
Proposed Approval of Air Quality
Implementation Plan; Ohio and West
Virginia; Determinations of Attainment
of the 1997 Annual Fine Particle
Standard for Four Nonattainment
Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
determinations regarding the fine
particle (PM2.5) nonattainment areas of
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
(hereafter referred to as ‘‘Areas’’). First,
EPA is proposing to determine that
these Areas have attained the 1997
annual average PM2.5 National Ambient
Air Quality Standard (NAAQS) under
the Clean Air Act (CAA). This proposed
determination of attainment is based
upon complete, quality-assured, and
certified ambient air monitoring data for
the 2007–2009 period showing that the
areas have monitored attainment of the
annual PM2.5 NAAQS. EPA also
evaluated incomplete data from this
period from other monitors in the
Cleveland-Akron area, as well as
complete preliminary quality-assured
data available to date for 2010. EPA
believes these data support the
determination that the Areas have
attained the 1997 annual PM2.5 NAAQS.
If this proposed determination is made
final, the requirements for these Areas
to submit an attainment demonstration,
associated reasonably available control
measures (RACM) to include reasonably
available control technology (RACT), a
reasonable further progress (RFP) plan,
contingency measures, and other
planning State Implementation Plan
(SIP) revisions related to attainment of
the 1997 annual PM2.5 NAAQS shall be
suspended for so long as the Areas
continue to attain the 1997 annual PM2.5
NAAQS. Second, EPA is also proposing
to determine, based on quality-assured
and certified monitoring data for the
2007–2009 monitoring period, that these
Areas have attained the 1997 annual
PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
DATES: Comments must be received on
or before June 16, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0393, by one of the
following methods:
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:19 May 16, 2011
Jkt 223001
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. 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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2010–
0393. 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 instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
PO 00000
Frm 00061
Fmt 4702
Sfmt 4702
28393
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon,
Environmental Engineer, at (312) 353–
8290, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Region 5, Carolyn Persoon,
Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8290,
persoon.carolyn@epa.gov. Region 3,
Irene Shandruk, Office of Air Program
Planning (3AP30), U.S. Environmental
Protection Agency, Region 3, 1650 Arch
Street, Philadelphia, PA 19103–2029,
(215) 814–2166,
shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
This supplementary information
section is arranged as follows:
I. What actions is EPA proposing?
II. What is the background of these actions?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What actions Is EPA proposing?
In accordance with section 179(c) of
the CAA, 42 U.S.C. 7509(c) and 40 CFR
51.1004(c), EPA is proposing to
determine that three Ohio
nonattainment areas (the ClevelandAkron, the Columbus, and the DaytonSpringfield areas) and one Ohio-West
Virginia bi-state area (the SteubenvilleWeirton area) have attained the 1997
annual PM2.5 NAAQS. This proposed
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data for the 2007–2009
monitoring period that show these
Areas have monitored attainment of the
1997 annual PM2.5 NAAQS. Complete
E:\FR\FM\17MYP1.SGM
17MYP1
28394
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
preliminary quality-assured data sets
available for 2010 are consistent with
continued attainment, as well as data
from sites in the Cleveland-Akron area
that were not considered complete, but
that support attainment. EPA is also
proposing to determine, in accordance
with EPA’s PM2.5 Implementation Rule
of April 25, 2007 (72 FR 20664), that
these Areas have attained the 1997
annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
II. What is the background for these
actions?
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter (μg/
m3) based on a three-year average of
annual mean PM2.5 concentrations. At
that time, EPA also established a 24hour standard of 65 μg/m3. (Today’s
action does not address the 24-hour
standard.) 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 April
5, 2005. The three areas in Ohio and the
one bi-state area in Ohio and West
Virginia were designated nonattainment
for the 1997 PM2.5 NAAQS. See 40 CFR
81.336 (Ohio) and 40 CFR 81.349 (West
Virginia).
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15.0 μg/m3 based on a threeyear average of annual mean PM2.5
concentrations, and promulgated a 24hour standard of 35 μg/m3 based on a
three-year average of the 98th percentile
of 24-hour concentrations.
In response to legal challenges to the
annual standards promulgated in 2006,
the U.S. Court of Appeals for the District
of Columbia Circuit (DC Circuit)
remanded these standards to EPA for
further consideration. See American
Farm Bureau Federation and National
Pork Producers Council, et al. v. EPA,
559 F.3d 512 (DC Cir. 2009). However,
given that the 1997 and 2006 annual
standards are essentially identical,
attainment of the 1997 annual standards
would also indicate attainment of the
remanded 2006 annual standards.
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 standards.
This rule, at 40 CFR 51.1004(c),
specifies some of the regulatory
consequences of attaining the standards,
as discussed later.
III. What is EPA’s analysis of the
relevant air quality data?
Today’s rulemaking assesses whether
(1) the Cleveland-Akron, Columbus,
Dayton-Springfield, and SteubenvilleWeirton areas have attained the 1997
annual PM2.5 standard, based on the
most recent three years of qualityassured data, and (2) whether the Areas
attained the 1997 annual PM2.5 NAAQS
by the applicable attainment date of
April 5, 2010.
Under EPA’s regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentration,
as determined in accordance with 40
CFR Part 50, appendix N, is less than or
equal to 15.0 μg/m3 at all relevant
monitoring sites in the area.
EPA has reviewed the ambient air
quality monitoring data in the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
areas for PM2.5, consistent with the
requirements contained at 40 CFR part
50. EPA’s review focused on data
recorded in the EPA Air Quality System
(AQS) database for the ClevelandAkron, Columbus, Dayton-Springfield,
and Steubenville-Weirton areas PM2.5
nonattainment area from 2007 to 2009,
and considered supplemental data sets
that were incomplete due to the low
capture rates as well as complete,
quality assured but not certified data for
2010.
The Cleveland-Akron area had eleven
monitors located in Cuyahoga, Lorain,
Medina, Summit, and Portage Counties
that reported design values from 2007–
2009 for PM2.5 that ranged from 11.4 to
14.4 μg/m3.
The Columbus area had three
monitors all located in Franklin County
that reported a design value range of
11.7 to 13.0 μg/m3 for the 2007–2009
time period.
The Dayton-Springfield area has three
monitors, with one monitor in each of
Clark, Greene, and Montgomery
Counties. These monitors measured a
range of 2007–2009 design values from
12.1 to 13.7 μg/m3 with Montgomery
reporting the highest PM2.5 design value.
The Steubenville-Weirton area, in
Ohio and West Virginia, has five
monitoring stations, including two in
Jefferson County, OH, two in Brooke
County, West Virginia, and one in
Hancock County, West Virginia. The
range of design values for the
Steubenville-Weirton area for 2007–
2009 was 13.6 to 14.4 μg/m3, below the
current annual PM2.5 standard. We have
examined data from the entire area,
including monitored data from both
Ohio and West Virginia.
Table 1 shows the 2007 to 2009
design values (i.e., the three-year
average of annual mean PM2.5
concentrations) for the 1997 annual
PM2.5 NAAQS for the Cleveland-Akron,
Columbus, Dayton-Springfield, and
Steubenville-Weirton areas for monitors
with complete data for that period.
Additionally, design values for the
2008–2010 period, using complete and
quality-assured but not certified data for
2010, are also shown in Table 1, as
supplementary information solely for
the purposes of showing that all four
areas are maintaining the current
standard. All data values are expressed
in micrograms per meter cubed.
TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR OHIO (CLEVELAND-AKRON, COLUMBUS, DAYTON-SPRINGFIELD, AND
STEUBENVILLE-WEIRTON) AREA MONITORS WITH COMPLETE DATA FOR 2007 TO 2009 IN μG/M3
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
State
County
Annual design
value 2007–2009
(μg/m3)
Monitor
Preliminary annual
design value
2008–2010
(μg/m3)
11.6
14.4
13.6
14.1
14.3
12.1
11.4
10.7
13.6
12.9
13.4
13.4
11.4
10.6
Cleveland-Akron
OH .....
Cuyahoga .......................................................
Lorain ..............................................................
VerDate Mar<15>2010
16:19 May 16, 2011
Jkt 223001
PO 00000
39–035–0034
39–035–0038
39–035–0045
39–035–0060
39–035–0065
39–035–1002
39–093–3002
Frm 00062
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
..................................................
Fmt 4702
Sfmt 4702
E:\FR\FM\17MYP1.SGM
17MYP1
28395
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR OHIO (CLEVELAND-AKRON, COLUMBUS, DAYTON-SPRINGFIELD, AND
STEUBENVILLE-WEIRTON) AREA MONITORS WITH COMPLETE DATA FOR 2007 TO 2009 IN μG/M3—Continued
State
County
Annual design
value 2007–2009
(μg/m3)
Monitor
Medina ............................................................
Portage ...........................................................
Summit ............................................................
39–103–0003
39–133–0002
39–153–0017
39–153–0023
..................................................
..................................................
..................................................
..................................................
Preliminary annual
design value
2008–2010
(μg/m3)
11.8
12.3
13.7
12.7
11.1
11.5
13.2
12.3
13.0
12.9
11.7
12.5
12.1
11.2
13.2
12.1
13.7
..............................
12.1
13.2
14.2
13.6
14.4
14.0
13.4
13.0
12.7
13.7
13.1
12.4
Columbus
OH .....
Franklin ...........................................................
39–049–0024 ..................................................
39–049–0025 ..................................................
39–049–0081 ..................................................
Dayton-Springfield
OH .....
Clark ...............................................................
Greene ............................................................
Montgomery ....................................................
39–023–0005 ..................................................
39–057–0005 ..................................................
39–113–0032 ..................................................
Steubenville-Weirton
OH .....
Jefferson .........................................................
WV .....
Brooke ............................................................
Hancock ..........................................................
As Table 1 shows, across the four
areas, there were twenty-one monitoring
sites with complete data for 2007 to
2009. Data are considered to be
sufficient for comparison to the NAAQS
if three consecutive complete years of
data exist. A complete year of air quality
data comprises four calendar quarters,
with each quarter containing data from
at least 75% capture of the scheduled
sampling days. Data that does not meet
the 75% capture has been analyzed by
EPA with substitution of conservative
values to determine that some sites not
meeting capture rates are still sufficient
to show attainment. Ohio has also
submitted similar data substitutions to
demonstrate that sites with less than
75% capture rates are still attaining
even with the highest concentration
from that specific monitor substituted
for missing data. See 40 CFR Part 58,
appendix D for network design criteria.
39–081–0017
39–081–1001
54–009–0005
54–009–0011
59–029–1004
..................................................
..................................................
..................................................
..................................................
..................................................
EPA has approved the monitoring
networks for these four areas as
adequate to evaluate the air quality of
these areas, and so these twenty-one
monitoring sites with complete data
provide an adequate basis for EPA to
determine whether the areas have
attained the NAAQS. EPA concludes
that the Cleveland-Akron, Columbus,
Dayton-Springfield, and SteubenvilleWeirton areas have attained the 1997
annual PM2.5 NAAQS based on its
evaluation of complete quality-assured
data from the relevant monitoring sites
for the 2007–2009 monitoring period.
Incomplete data from additional
monitoring sites in the Cleveland-Akron
area also support EPA’s determination
that the area attains the 1997 annual
PM2.5 NAAQS. Two monitors located in
Lake County did not record complete
data for the three-year 2007–2009
monitoring period. Pertinent data from
these sites are shown in Table 2. One
monitor (39–085–3002) was closed at
the end of 2008 due to demolition at the
site, and the other monitor (39–085–
0007) then began operation at the
beginning of 2009. Since both monitors
were not capturing data for the entire
span of 2007–2009, their data sets were
considered incomplete. As shown in
this table, although site 39–085–3002
did not have complete data for 2007 to
2009, the site’s design value calculated
from 2006–2008 was attaining, and the
average concentration from 2007 to 2008
support the conclusion that this location
is attaining. Table 2 also includes site
39–085–0007 that started operation only
recently; this site did not measure
concentrations before 2009, but the
average concentration for 2009 was 10.4
μg/m3, and the average concentration for
2010 was 10.5 μg/m3.
TABLE 2—PM2.5 DESIGN VALUES FOR LAKE COUNTY AREA SITES WITH INCOMPLETE DATA IN 2007 TO 2009
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
State
OH .....
County
Lake .....................
Monitor
Dates of operation
10.4
12.7
1/1/2009–present ...................
1/11/2006–12/31/2008 ...........
39–085–0007 .....................................
39–085–3002 .....................................
Data handling conventions and
computations necessary for determining
VerDate Mar<15>2010
Average
concentration
for 2007–2009
(μg/m3)
16:19 May 16, 2011
Jkt 223001
Value
whether areas have met the PM2.5
NAAQS, including requirements for
PO 00000
Frm 00063
Fmt 4702
Sfmt 4702
Most recent complete
design value
(μg/m3)
Years
............
12.3
......................
2006–2008
data completeness, are specified in
appendix N of 40 CFR part 50. The use
E:\FR\FM\17MYP1.SGM
17MYP1
28396
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
of less than complete data is subject to
the approval of EPA, which may
consider factors such as monitoring site
closures/moves, monitoring diligence
and nearby concentrations in
determining whether to use such data as
set forth at 40 CFR part 50, appendix N
§ 4.1(c). The monitors listed in Table 2
do not have complete data for the 2007–
2009 monitoring period. However, the
historical certified data recorded at the
monitors that were discontinued during
this period and recent certified data
recorded at monitors that started
operation during the period provide
additional support for EPA’s proposed
determination that the Cleveland-Akron
area has attained the 1997 annual PM2.5
NAAQS. EPA is also approving the use
of these data for consideration in this
determination because it finds that Ohio
has exercised diligence in monitoring in
the Cleveland-Akron area, and has
worked cooperatively with EPA in
evaluating and seeking approval for
monitor closures and moves, and
because these data provide useful
additional evidence as to whether this
area is attaining the standard.
EPA’s review of monitoring data from
the 2007–2009 monitoring period
supports EPA’s determinations that the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas have: (1)
Monitored attainment of the PM2.5
NAAQS for such period; and (2)
attained the PM2.5 NAAQS by the
attainment date of April 5, 2010.
Additionally, the preliminary 2008–
2010 monitoring data supports a finding
that these Areas continue to meet the
1997 annual PM2.5 NAAQS.
IV. What are the effects of these
actions?
If EPA’s proposed determination of
attainment, based on the most recent
three years of quality-assured data, is
made final, under the provisions of the
PM2.5 Implementation Rule (40 CFR
51.1004(c)) the requirements for the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas to submit
attainment demonstration, RACM
(including RACT), an RFP plan,
contingency measures, and other
planning SIP revisions related to
attainment of the 1997 annual PM2.5
NAAQS shall be suspended for so long
as the Areas continue to attain the 1997
annual PM2.5 NAAQS.
As discussed further, the proposed
determination of attainment for the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas would, if
finalized, (1) suspend the states’
VerDate Mar<15>2010
16:19 May 16, 2011
Jkt 223001
obligation for Ohio and West Virginia to
submit the requirements listed above;
(2) continue such suspension until such
time, if any, that EPA subsequently
determines that any monitor in the area
has violated the 1997 annual PM2.5
NAAQS; and (3) be separate from any
future designation determination or
requirements for the Cleveland-Akron,
Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5
nonattainment areas based on the 2006
PM2.5 NAAQS or future PM2.5 NAAQ
revision.
If this rulemaking is finalized and
EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that any of the Areas
have violated the 1997 annual PM2.5
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR section 51.1004(c), would no longer
exist, and the States of Ohio and West
Virginia (if applicable) would thereafter
have to address the pertinent
requirements.
This proposed action is limited to the
determinations that the air quality data
show that the Cleveland-Akron,
Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5
nonattainment areas have monitored
attainment of the 1997 annual PM2.5
NAAQS, and have attained the PM2.5
NAAQS by the attainment date of April
5, 2010; neither determination would
result in a redesignation of the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas to the status
of attainment of the 1997 annual PM2.5
NAAQS.
This proposed action, if finalized,
would not constitute a redesignation to
attainment under CAA section 107(d)(3)
of the CAA because EPA is not
proposing to take action pursuant to
CAA section 107(d)(3) and the statutory
prerequisites set forth in CAA section
107(d)(3) have not yet been met. For
example, EPA has not yet approved a
maintenance plan for the areas as
required under CAA section 175A, nor
proposed a determination that the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
PM2.5 nonattainment areas have met the
other requirements for redesignation
under the CAA.
The designation status of the portions
of the Cleveland-Akron, Columbus,
Dayton-Springfield, and SteubenvilleWeirton PM2.5 nonattainment areas will
remain nonattainment for the 1997
annual PM2.5 NAAQS until such time as
EPA takes final rulemaking action to
determine that such portions meet the
CAA requirements for redesignation to
attainment.
PO 00000
Frm 00064
Fmt 4702
Sfmt 4702
In addition, if EPA’s separate and
independent proposed determination
that these Areas have attained the 1997
annual PM2.5 standard by the applicable
attainment date (April 5, 2010), is
finalized, EPA will have met its
requirement pursuant to section
179(c)(1) of the CAA to make a
determination based on the Areas’ air
quality data as of the attainment date
whether the Areas attained the standard
by that date.
These two actions described above are
proposed determinations regarding the
Cleveland-Akron, Columbus, DaytonSpringfield, and Steubenville-Weirton
areas’ attainment only with respect to
the 1997 annual PM2.5 NAAQS. Today’s
actions do not address the 24-hour PM2.5
NAAQS.
EPA is soliciting comment on the
issues discussed in this document.
These comments will be considered
before EPA takes final action. Please
note that if EPA receives adverse
comment on either of the proposed
determinations described above and if
that determination may be severed from
the remainder of the final agency action,
EPA may adopt as final those provisions
of the final agency action that are not
the subject of an adverse comment.
V. Statutory and Executive Order
Reviews
This action proposes to make
attainment determinations based on air
quality data and would, if finalized,
result in the suspension of certain
Federal requirements and would not
impose any additional requirements.
For that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
E:\FR\FM\17MYP1.SGM
17MYP1
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
• 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 Clean Air Act;
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, these proposed PM2.5
NAAQS attainment determinations do
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.
Dated: May 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 5, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
[FR Doc. 2011–12061 Filed 5–16–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[WC Docket No. 11–59; FCC 11–51]
Acceleration of Broadband
Deployment by Improving Policies
Regarding Public Rights of Way and
Wireless Facilities Siting
Federal Communications
Commission.
ACTION: Notice of inquiry.
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
AGENCY:
In this document, the Federal
Communications Commission seeks to
work with stakeholders including state
and local governments, other Federal
agencies, Tribal governments, consumer
advocates, and the private sector to
identify means of improving rights of
way policies and wireless facilities
siting requirements. Policies for
managing rights of way and siting
SUMMARY:
VerDate Mar<15>2010
16:19 May 16, 2011
Jkt 223001
wireless facilities, including the
procedures and costs for acquiring
permission to build, affect how long it
takes and how much it costs to deploy
broadband. By working together with
other interested parties on these issues,
the Commission can reduce the costs
and time required for broadband
deployment, both fixed and mobile,
which will help unleash private
investment in infrastructure, increase
efficient use of scarce public resources
(including spectrum) and increase
broadband adoption.
DATES: Comments are due July 18, 2011
and reply comments are due August 30,
2011.
ADDRESSES: You may submit comments,
identified by WC Docket No. 11–59, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the supplementary information
section of this document.
FOR FURTHER INFORMATION CONTACT:
Claudia Pabo, Wireline Competition
Bureau, Competition Policy Division,
202–418–1595.
SUPPLEMENTARY INFORMATION:
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415 and
1.419, interested parties may file
comments on or before July 18, 2011
and reply comments on or before
August 30, 2011. Comments may be
filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/ or the Federal
eRulemaking Portal: https://
www.regulations.gov.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
28397
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St., SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW.,
Washington, DC 20554.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Filings and comments are also
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
They may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone: (202)
488–5300, fax: (202) 488–5563, or via
e-mail https://www.bcpiweb.com.
Initial Paperwork Reduction Act of
1995 Analysis
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
Below is a synopsis of the
Commission’s Notice of Inquiry in WC
Docket No. 11–59, adopted and released
April 7, 2011.
E:\FR\FM\17MYP1.SGM
17MYP1
]]>Agencies
[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28393-28397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12061]
[[Page 28393]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0393; FRL-9307-2]
Proposed Approval of Air Quality Implementation Plan; Ohio and
West Virginia; Determinations of Attainment of the 1997 Annual Fine
Particle Standard for Four Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make two determinations regarding the fine
particle (PM2.5) nonattainment areas of Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton (hereafter
referred to as ``Areas''). First, EPA is proposing to determine that
these Areas have attained the 1997 annual average PM2.5
National Ambient Air Quality Standard (NAAQS) under the Clean Air Act
(CAA). This proposed determination of attainment is based upon
complete, quality-assured, and certified ambient air monitoring data
for the 2007-2009 period showing that the areas have monitored
attainment of the annual PM2.5 NAAQS. EPA also evaluated
incomplete data from this period from other monitors in the Cleveland-
Akron area, as well as complete preliminary quality-assured data
available to date for 2010. EPA believes these data support the
determination that the Areas have attained the 1997 annual
PM2.5 NAAQS. If this proposed determination is made final,
the requirements for these Areas to submit an attainment demonstration,
associated reasonably available control measures (RACM) to include
reasonably available control technology (RACT), a reasonable further
progress (RFP) plan, contingency measures, and other planning State
Implementation Plan (SIP) revisions related to attainment of the 1997
annual PM2.5 NAAQS shall be suspended for so long as the
Areas continue to attain the 1997 annual PM2.5 NAAQS.
Second, EPA is also proposing to determine, based on quality-assured
and certified monitoring data for the 2007-2009 monitoring period, that
these Areas have attained the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5, 2010.
DATES: Comments must be received on or before June 16, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0393, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: aburano.douglas@epa.gov.
3. Fax: (312) 408-2279.
4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 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 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0393. 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 instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Carolyn Persoon,
Environmental Engineer, at (312) 353-8290, before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Region 5, Carolyn Persoon,
Environmental Engineer, Control Strategies Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8290,
persoon.carolyn@epa.gov. Region 3, Irene Shandruk, Office of Air
Program Planning (3AP30), U.S. Environmental Protection Agency, Region
3, 1650 Arch Street, Philadelphia, PA 19103-2029, (215) 814-2166,
shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
This supplementary information section is arranged as follows:
I. What actions is EPA proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What actions Is EPA proposing?
In accordance with section 179(c) of the CAA, 42 U.S.C. 7509(c) and
40 CFR 51.1004(c), EPA is proposing to determine that three Ohio
nonattainment areas (the Cleveland-Akron, the Columbus, and the Dayton-
Springfield areas) and one Ohio-West Virginia bi-state area (the
Steubenville-Weirton area) have attained the 1997 annual
PM2.5 NAAQS. This proposed determination is based upon
complete, quality-assured, and certified ambient air monitoring data
for the 2007-2009 monitoring period that show these Areas have
monitored attainment of the 1997 annual PM2.5 NAAQS.
Complete
[[Page 28394]]
preliminary quality-assured data sets available for 2010 are consistent
with continued attainment, as well as data from sites in the Cleveland-
Akron area that were not considered complete, but that support
attainment. EPA is also proposing to determine, in accordance with
EPA's PM2.5 Implementation Rule of April 25, 2007 (72 FR
20664), that these Areas have attained the 1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010.
II. What is the background for these actions?
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a three-year average of annual mean PM2.5
concentrations. At that time, EPA also established a 24-hour standard
of 65 [mu]g/m\3\. (Today's action does not address the 24-hour
standard.) 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 April 5, 2005. The three areas in Ohio and the one bi-
state area in Ohio and West Virginia were designated nonattainment for
the 1997 PM2.5 NAAQS. See 40 CFR 81.336 (Ohio) and 40 CFR
81.349 (West Virginia).
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 three-year average
of annual mean PM2.5 concentrations, and promulgated a 24-
hour standard of 35 [mu]g/m\3\ based on a three-year average of the
98th percentile of 24-hour concentrations.
In response to legal challenges to the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded these standards to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given
that the 1997 and 2006 annual standards are essentially identical,
attainment of the 1997 annual standards would also indicate attainment
of the remanded 2006 annual standards.
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 standards. This rule, at
40 CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the standards, as discussed later.
III. What is EPA's analysis of the relevant air quality data?
Today's rulemaking assesses whether (1) the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton areas have
attained the 1997 annual PM2.5 standard, based on the most
recent three years of quality-assured data, and (2) whether the Areas
attained the 1997 annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
Under EPA's regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR Part 50,
appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all relevant
monitoring sites in the area.
EPA has reviewed the ambient air quality monitoring data in the
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
areas for PM2.5, consistent with the requirements contained
at 40 CFR part 50. EPA's review focused on data recorded in the EPA Air
Quality System (AQS) database for the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton areas PM2.5
nonattainment area from 2007 to 2009, and considered supplemental data
sets that were incomplete due to the low capture rates as well as
complete, quality assured but not certified data for 2010.
The Cleveland-Akron area had eleven monitors located in Cuyahoga,
Lorain, Medina, Summit, and Portage Counties that reported design
values from 2007-2009 for PM2.5 that ranged from 11.4 to
14.4 [mu]g/m\3\.
The Columbus area had three monitors all located in Franklin County
that reported a design value range of 11.7 to 13.0 [mu]g/m\3\ for the
2007-2009 time period.
The Dayton-Springfield area has three monitors, with one monitor in
each of Clark, Greene, and Montgomery Counties. These monitors measured
a range of 2007-2009 design values from 12.1 to 13.7 [mu]g/m\3\ with
Montgomery reporting the highest PM2.5 design value.
The Steubenville-Weirton area, in Ohio and West Virginia, has five
monitoring stations, including two in Jefferson County, OH, two in
Brooke County, West Virginia, and one in Hancock County, West Virginia.
The range of design values for the Steubenville-Weirton area for 2007-
2009 was 13.6 to 14.4 [mu]g/m\3\, below the current annual
PM2.5 standard. We have examined data from the entire area,
including monitored data from both Ohio and West Virginia.
Table 1 shows the 2007 to 2009 design values (i.e., the three-year
average of annual mean PM2.5 concentrations) for the 1997
annual PM2.5 NAAQS for the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton areas for monitors with
complete data for that period. Additionally, design values for the
2008-2010 period, using complete and quality-assured but not certified
data for 2010, are also shown in Table 1, as supplementary information
solely for the purposes of showing that all four areas are maintaining
the current standard. All data values are expressed in micrograms per
meter cubed.
Table 1--Annual PM2.5 Design Values for Ohio (Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton) Area Monitors With Complete Data for 2007 to 2009 in [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
Preliminary annual
Annual design design value 2008-
State County Monitor value 2007-2009 2010 ([mu]g/m\3\)
([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Cleveland-Akron
----------------------------------------------------------------------------------------------------------------
OH................ Cuyahoga................. 39-035-0034.............. 11.6 10.7
39-035-0038.............. 14.4 13.6
39-035-0045.............. 13.6 12.9
39-035-0060.............. 14.1 13.4
39-035-0065.............. 14.3 13.4
39-035-1002.............. 12.1 11.4
Lorain................... 39-093-3002.............. 11.4 10.6
[[Page 28395]]
Medina................... 39-103-0003.............. 11.8 11.1
Portage.................. 39-133-0002.............. 12.3 11.5
Summit................... 39-153-0017.............. 13.7 13.2
39-153-0023.............. 12.7 12.3
----------------------------------------------------------------------------------------------------------------
Columbus
----------------------------------------------------------------------------------------------------------------
OH................ Franklin................. 39-049-0024.............. 13.0 12.5
39-049-0025.............. 12.9 12.1
39-049-0081.............. 11.7 11.2
----------------------------------------------------------------------------------------------------------------
Dayton-Springfield
----------------------------------------------------------------------------------------------------------------
OH................ Clark.................... 39-023-0005.............. 13.2 ..................
Greene................... 39-057-0005.............. 12.1 12.1
Montgomery............... 39-113-0032.............. 13.7 13.2
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton
----------------------------------------------------------------------------------------------------------------
OH................ Jefferson................ 39-081-0017.............. 14.2 13.0
39-081-1001.............. 13.6 12.7
WV................ Brooke................... 54-009-0005.............. 14.4 13.7
54-009-0011.............. 14.0 13.1
Hancock.................. 59-029-1004.............. 13.4 12.4
----------------------------------------------------------------------------------------------------------------
As Table 1 shows, across the four areas, there were twenty-one
monitoring sites with complete data for 2007 to 2009. Data are
considered to be sufficient for comparison to the NAAQS if three
consecutive complete years of data exist. A complete year of air
quality data comprises four calendar quarters, with each quarter
containing data from at least 75% capture of the scheduled sampling
days. Data that does not meet the 75% capture has been analyzed by EPA
with substitution of conservative values to determine that some sites
not meeting capture rates are still sufficient to show attainment. Ohio
has also submitted similar data substitutions to demonstrate that sites
with less than 75% capture rates are still attaining even with the
highest concentration from that specific monitor substituted for
missing data. See 40 CFR Part 58, appendix D for network design
criteria. EPA has approved the monitoring networks for these four areas
as adequate to evaluate the air quality of these areas, and so these
twenty-one monitoring sites with complete data provide an adequate
basis for EPA to determine whether the areas have attained the NAAQS.
EPA concludes that the Cleveland-Akron, Columbus, Dayton-Springfield,
and Steubenville-Weirton areas have attained the 1997 annual
PM2.5 NAAQS based on its evaluation of complete quality-
assured data from the relevant monitoring sites for the 2007-2009
monitoring period.
Incomplete data from additional monitoring sites in the Cleveland-
Akron area also support EPA's determination that the area attains the
1997 annual PM2.5 NAAQS. Two monitors located in Lake County
did not record complete data for the three-year 2007-2009 monitoring
period. Pertinent data from these sites are shown in Table 2. One
monitor (39-085-3002) was closed at the end of 2008 due to demolition
at the site, and the other monitor (39-085-0007) then began operation
at the beginning of 2009. Since both monitors were not capturing data
for the entire span of 2007-2009, their data sets were considered
incomplete. As shown in this table, although site 39-085-3002 did not
have complete data for 2007 to 2009, the site's design value calculated
from 2006-2008 was attaining, and the average concentration from 2007
to 2008 support the conclusion that this location is attaining. Table 2
also includes site 39-085-0007 that started operation only recently;
this site did not measure concentrations before 2009, but the average
concentration for 2009 was 10.4 [mu]g/m\3\, and the average
concentration for 2010 was 10.5 [mu]g/m\3\.
Table 2--PM2.5 Design Values for Lake County Area Sites With Incomplete Data in 2007 to 2009
----------------------------------------------------------------------------------------------------------------
Most recent complete
Average design value ([mu]g/
State County Monitor concentration Dates of operation m3)
for 2007-2009 ----------------------
([mu]g/m3) Value Years
----------------------------------------------------------------------------------------------------------------
OH......... Lake.............. 39-085-0007....... 10.4 1/1/2009-present.. ....... ............
39-085-3002....... 12.7 1/11/2006-12/31/ 12.3 2006-2008
2008.
----------------------------------------------------------------------------------------------------------------
Data handling conventions and computations necessary for
determining whether areas have met the PM2.5 NAAQS,
including requirements for data completeness, are specified in appendix
N of 40 CFR part 50. The use
[[Page 28396]]
of less than complete data is subject to the approval of EPA, which may
consider factors such as monitoring site closures/moves, monitoring
diligence and nearby concentrations in determining whether to use such
data as set forth at 40 CFR part 50, appendix N Sec. 4.1(c). The
monitors listed in Table 2 do not have complete data for the 2007-2009
monitoring period. However, the historical certified data recorded at
the monitors that were discontinued during this period and recent
certified data recorded at monitors that started operation during the
period provide additional support for EPA's proposed determination that
the Cleveland-Akron area has attained the 1997 annual PM2.5
NAAQS. EPA is also approving the use of these data for consideration in
this determination because it finds that Ohio has exercised diligence
in monitoring in the Cleveland-Akron area, and has worked cooperatively
with EPA in evaluating and seeking approval for monitor closures and
moves, and because these data provide useful additional evidence as to
whether this area is attaining the standard.
EPA's review of monitoring data from the 2007-2009 monitoring
period supports EPA's determinations that the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas have: (1) Monitored attainment of the
PM2.5 NAAQS for such period; and (2) attained the
PM2.5 NAAQS by the attainment date of April 5, 2010.
Additionally, the preliminary 2008-2010 monitoring data supports a
finding that these Areas continue to meet the 1997 annual
PM2.5 NAAQS.
IV. What are the effects of these actions?
If EPA's proposed determination of attainment, based on the most
recent three years of quality-assured data, is made final, under the
provisions of the PM2.5 Implementation Rule (40 CFR
51.1004(c)) the requirements for the Cleveland-Akron, Columbus, Dayton-
Springfield, and Steubenville-Weirton PM2.5 nonattainment
areas to submit attainment demonstration, RACM (including RACT), an RFP
plan, contingency measures, and other planning SIP revisions related to
attainment of the 1997 annual PM2.5 NAAQS shall be suspended
for so long as the Areas continue to attain the 1997 annual
PM2.5 NAAQS.
As discussed further, the proposed determination of attainment for
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton PM2.5 nonattainment areas would, if finalized, (1)
suspend the states' obligation for Ohio and West Virginia to submit the
requirements listed above; (2) continue such suspension until such
time, if any, that EPA subsequently determines that any monitor in the
area has violated the 1997 annual PM2.5 NAAQS; and (3) be
separate from any future designation determination or requirements for
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton PM2.5 nonattainment areas based on the 2006
PM2.5 NAAQS or future PM2.5 NAAQ revision.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that any
of the Areas have violated the 1997 annual PM2.5 NAAQS, the
basis for the suspension of the specific requirements, set forth at 40
CFR section 51.1004(c), would no longer exist, and the States of Ohio
and West Virginia (if applicable) would thereafter have to address the
pertinent requirements.
This proposed action is limited to the determinations that the air
quality data show that the Cleveland-Akron, Columbus, Dayton-
Springfield, and Steubenville-Weirton PM2.5 nonattainment
areas have monitored attainment of the 1997 annual PM2.5
NAAQS, and have attained the PM2.5 NAAQS by the attainment
date of April 5, 2010; neither determination would result in a
redesignation of the Cleveland-Akron, Columbus, Dayton-Springfield, and
Steubenville-Weirton PM2.5 nonattainment areas to the status
of attainment of the 1997 annual PM2.5 NAAQS.
This proposed action, if finalized, would not constitute a
redesignation to attainment under CAA section 107(d)(3) of the CAA
because EPA is not proposing to take action pursuant to CAA section
107(d)(3) and the statutory prerequisites set forth in CAA section
107(d)(3) have not yet been met. For example, EPA has not yet approved
a maintenance plan for the areas as required under CAA section 175A,
nor proposed a determination that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas have met the other requirements for redesignation
under the CAA.
The designation status of the portions of the Cleveland-Akron,
Columbus, Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas will remain nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA takes final rulemaking
action to determine that such portions meet the CAA requirements for
redesignation to attainment.
In addition, if EPA's separate and independent proposed
determination that these Areas have attained the 1997 annual
PM2.5 standard by the applicable attainment date (April 5,
2010), is finalized, EPA will have met its requirement pursuant to
section 179(c)(1) of the CAA to make a determination based on the
Areas' air quality data as of the attainment date whether the Areas
attained the standard by that date.
These two actions described above are proposed determinations
regarding the Cleveland-Akron, Columbus, Dayton-Springfield, and
Steubenville-Weirton areas' attainment only with respect to the 1997
annual PM2.5 NAAQS. Today's actions do not address the 24-
hour PM2.5 NAAQS.
EPA is soliciting comment on the issues discussed in this document.
These comments will be considered before EPA takes final action. Please
note that if EPA receives adverse comment on either of the proposed
determinations described above and if that determination may be severed
from the remainder of the final agency action, EPA may adopt as final
those provisions of the final agency action that are not the subject of
an adverse comment.
V. Statutory and Executive Order Reviews
This action proposes to make attainment determinations based on air
quality data and would, if finalized, result in the suspension of
certain Federal requirements and would not impose any additional
requirements. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 28397]]
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 Clean Air Act; 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, these proposed PM2.5 NAAQS attainment
determinations do 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.
Dated: May 3, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 5, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
[FR Doc. 2011-12061 Filed 5-16-11; 8:45 am]
BILLING CODE 6560-50-P
