Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Determinations of Attainment of the One-Hour Ozone Standard, 72377-72382 [2011-30254]
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2011–0711; A–1–FRL–
9496–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Determinations of
Attainment of the One-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
determine that the Greater Connecticut
serious one-hour ozone nonattainment
area did not meet the applicable
deadline of November 15, 2007, for
attaining the one-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. This proposed determination
is based upon complete, qualityassured, certified ambient air
monitoring data that show the area had
an expected ozone exceedance rate
above the level of the now revoked onehour ozone NAAQS for the 2005–2007
monitoring period. Separate from and
independent of this proposed
determination, EPA is also proposing to
determine that the Greater Connecticut
serious one-hour ozone nonattainment
area currently attains the now revoked
one-hour NAAQS for ozone, based upon
complete, quality-assured, certified
ambient air monitoring data for 2008–
2010. The area first attained the onehour NAAQS during the 2006–2008
monitoring period, and continued in
attainment during the 2007–2009, and
2008–2010 monitoring periods.
Preliminary data available for 2011 also
show the area continues to meet the
one-hour NAAQS for ozone. EPA is
proposing these determinations under
the Clean Air Act.
DATES: Written comments must be
received on or before December 23,
2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2011–0711 by one of the
following methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2011–0711, ’’
Anne Arnold, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100 (mail code: OEP05–2), Boston,
MA 02109–3912.
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SUMMARY:
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5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2011–
0711. 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 email,
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 email comment directly
to EPA without going through https://
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
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
Office of Ecosystem Protection, U.S.
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72377
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100, Boston, MA.
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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble:
I. What is EPA proposing?
A. Proposed Determination of Failure to
Attain by Applicable Attainment Date
B. Proposed Determination of Current
Attainment
II. What is the background for these proposed
actions?
A. Statutory and Regulatory Background
B. Basis and Effect of Proposed
Determinations
III. What is EPA’s analysis of data for
purposes of determining attainment of
the one-hour ozone standard?
A. How does EPA compute whether an
area meets the one-hour ozone standard?
B. EPA’s Analysis of the One-Hour Ozone
Data for the Greater Connecticut Area
IV. Proposed Determinations
V. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing two separate and
independent actions for the Greater
Connecticut one-hour ozone serious
nonattainment area (hereafter, ‘‘the
Greater Connecticut area’’).
A. Proposed Determination of Failure to
Attain by Applicable Attainment Date
EPA is proposing to determine that
the Greater Connecticut area did not
attain the one-hour ozone NAAQS by
the applicable attainment date,
November 15, 2007. This proposed
determination is based upon complete,
quality-assured and certified air quality
monitoring data for the 2005 through
2007 ozone seasons.
B. Proposed Determination of Current
Attainment
In addition, EPA is proposing to
determine that the Greater Connecticut
area is currently attaining the one-hour
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ozone NAAQS based upon complete,
quality-assured and certified ambient air
monitoring data showing the area
currently monitors monitored
attainment of the one-hour ozone
NAAQS, and that it has done so
continuously since the 2006–2008
monitoring period. If this proposed
determination is finalized, any
obligations related to one-hour ozone
contingency measures in the Greater
Connecticut area shall be suspended for
so long as the area continues to attain
the one-hour ozone NAAQS.
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II. What is the background for these
proposed actions?
A. Statutory and Regulatory Background
EPA designated the Greater
Connecticut area as nonattainment for
one-hour ozone following the enactment
of the Clean Air Act (CAA)
Amendments of 1990. Most areas of the
country that EPA designated
nonattainment for the one-hour ozone
NAAQS were classified by operation of
law as marginal, moderate, serious,
severe, or extreme, depending on the
severity of the area’s air quality
problem. See CAA sections 107(d)(1)(C)
and 181(a). The Greater Connecticut
area was classified as serious. The onehour ozone attainment deadline for the
Greater Connecticut serious area was
initially set for November 15, 1999, and
later extended to November 15, 2007
based on EPA’s Attainment Date
Extension Policy. See 66 FR 634,
January 3, 2001. The Greater
Connecticut one-hour ozone
nonattainment area consists of most of
Connecticut, with the following
exceptions: Bridgetown and New
Milford in Litchfield County are
excluded. Also, Fairfield County is
excluded, save the City of Sheldon. See
40 CFR 81.307. The entire state was
designated nonattainment for the onehour standard, and divided into two
nonattainment areas: Greater
Connecticut and the Connecticut
portion of the New York City area.
On July 18, 1997 (62 FR 38856), EPA
promulgated a new, standard for ozone
based on an 8-hour average
concentration (the ‘‘1997 8-hour ozone
NAAQS’’). EPA designated and
classified most areas of the country
under the eight-hour ozone NAAQS in
an April 30, 2004 final rule. See 69 FR
23858. EPA designated Greater
Connecticut as nonattainment for the
1997 8-hour ozone NAAQS, and at the
time of designation the area did not
meet the one-hour ozone standard.
Again, the entire state was designated
nonattainment for the 8-hour NAAQS,
and divided into two nonattainment
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areas, with the same names as the onehour areas, but with slightly different
boundaries than the two one-hour areas.
See 40 CFR 81.307.
On April 30, 2004, EPA issued a final
rule (69 FR 23951) entitled ‘‘Final Rule
To Implement the 8-Hour Ozone
National Ambient Air Quality
Standard—Phase 1,’’ referred to as the
Phase 1 Rule. Among other matters, this
rule revoked the one-hour ozone
NAAQS in most areas of the country,
effective June 15, 2005. See 40 CFR
50.9(b); 69 FR at 23996; and 70 FR
44470. The Phase 1 Rule also set forth
how anti-backsliding principles will
ensure continued progress toward
attainment of the eight-hour ozone
NAAQS by identifying which one-hour
requirements remain applicable in an
area after revocation of the one-hour
ozone NAAQS. Although, EPA revoked
the one-hour ozone standard (effective
June 15, 2005), eight-hour ozone
nonattainment areas remain subject to
certain one-hour, anti-backsliding
requirements based on their one-hour
ozone classification. Initially, in our
rules to address the transition from the
one-hour to the eight-hour ozone
standard, EPA did not include one-hour
contingency measures among the
measures retained as one-hour ozone
anti-backsliding requirements.1
However, on December 23, 2006, the
United States Court of Appeals for the
District of Columbia Circuit determined
that EPA should not have excluded
these requirements (and certain others
not relevant here) from its antibacksliding requirements. See South
Coast Air Quality Management District
v. EPA, 472 F.3d 882 (DC Cir. 2006),
rehearing denied 489 F.3d 1245
(clarifying that the vacatur was limited
to the issues on which the court granted
the petitions for review. Thus, the Court
vacated the provisions that excluded
these requirements. As a result, States
must continue to meet the obligations
for one-hour ozone NAAQS contingency
measures and, EPA has issued a
proposed rule, that would remove the
vacated provisions of 40 CFR 51.905(e),
and addresses contingency measures for
failure to attain, or make reasonable
further progress toward attainment, for
the one-hour standard. See 74 FR 2936,
January 16, 2009 (proposed rule); and 74
FR 7027, February 12, 2009 (notice of
public hearing and extension of
comment period).
1 Final Rule to Implement the 8-Hour Ozone
National Ambient Air Quality Standard—Phase 1,
69 FR 23951 (April 30, 2004).
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B. Basis and Effect of Proposed
Determinations
After revocation of the one-hour
ozone standard, EPA must continue to
provide a mechanism to give effect to
the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 47
F.3d 882, at 903. In keeping with this
responsibility with respect to specific
one-hour anti-backsliding measures,
such as contingency measures, EPA
proposes to determine that Greater
Connecticut failed to attain the one-hour
ozone standard by its applicable
attainment date. Consistent with 40 CFR
51.905(e)(2), and the South Coast
decision, upon revocation of the onehour ozone NAAQS for an area, EPA is
no longer obligated to determine
whether an area has attained the onehour NAAQS, except insofar as it relates
to effectuating the anti-backsliding
requirements that are specifically
retained. EPA’s determination here is
linked solely to required, one-hour, antibacksliding, contingency measures. A
final determination of failure to attain
will not result in reclassification of the
area under the revoked one-hour
standard, nor is EPA identifying or
determining any new one-hour
reclassification for the area. EPA is no
longer required to reclassify an area to
a higher classification for the one-hour
ozone NAAQS based upon a
determination that the area failed to
attain that NAAQS by its attainment
date. See 40 CFR 51.905(e)(2)(i)(B).
Thus, even if we finalize our proposed
determination that the area failed to
attain the one-hour ozone NAAQS by its
attainment deadline, the area will not be
reclassified to a higher classification.
Moreover, EPA has previously approved
the attainment demonstration and
Reasonable Further Progress (ROP)
plans for this area, and in doing so
noted that although there were no state
implementation plan contingency
measure reductions applicable to the
Greater Connecticut area for failure to
attain, there were federal measures the
state had not accounted for in its
attainment demonstration that provided
more reductions than necessary to serve
the purpose of contingency measures for
this area. See 66 FR 634, January 3,
2001. In addition, EPA is proposing to
determine that the Greater Connecticut
area has attained the one-hour ozone
standard since 2008. In this context,
even if EPA’s proposed determination
that the area did not attain the standard
in 2007 deadline is finalized, it will not
trigger any additional obligations for the
area under the one-hour ozone standard.
Under EPA’s ‘‘Clean Data Policy’’
interpretation, which was first
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articulated for the one-hour standard
and then codified for the 8-hour ozone
standard (40 CFR 51.918),2 a
determination of attainment suspends
obligations for attainment-related
requirements for that standard,
including contingency measures. See,
for example, determination of one-hour
ozone attainment for Baton Rouge, 75
FR 6570 (February 10, 2010).
III. What is EPA’s analysis of data for
purposes of determining attainment of
the one-hour ozone standard?
A. How does EPA compute whether an
area meets the one-hour ozone
standard?
Although the one-hour ozone NAAQS
as promulgated in 40 CFR 50.9 includes
no discussion of specific data handling
conventions, EPA’s publicly articulated
position and the approach long since
universally adopted by the air quality
management community is that the
interpretation of the one-hour ozone
standard requires rounding ambient air
quality data consistent with the stated
level of the standard, which is 0.12 parts
per million (ppm). 40 CFR 50.9(a) states
that: ‘‘The level of the national one-hour
primary and secondary ambient air
quality standards for ozone * * * is
0.12 parts per million. * * * The
standard is attained when the expected
number of days per calendar year with
maximum hourly average
concentrations of 0.12 parts per million
* * * is equal to or less than 1, as
determined by appendix H to this part.’’
Thus, compliance with the NAAQS is
based on comparison of air quality
concentrations with the standard and on
how many days that standard has been
exceeded, adjusted for the number of
missing days.
For comparison with the NAAQS,
EPA has clearly communicated the data
handling conventions for the one-hour
ozone NAAQS in guidance documents.
As early as 1979, EPA issued guidance
stating that the level of our NAAQS
dictates the number of significant
figures to be used in determining
whether the standard was exceeded.
The stated level of the standard is taken
as defining the number of significant
figures to be used in comparisons with
the standard. For example, a standard
level of 0.12 ppm means that
measurements are to be rounded to two
decimal places (0.005 rounds up), and,
therefore, 0.125 ppm is the smallest
concentration value in excess of the
level of the standard. See ‘‘Guideline for
the Interpretation of Ozone Air Quality
Standards,’’ EPA–450/4–79–003,
OAQPS No. 1.2–108, January 1979. EPA
has consistently applied the rounding
convention in this 1979 guideline. See
68 FR 19111, April 17, 2003, 68 FR
62043, October 31, 2003, and 69 FR
21719, April 22, 2004. Then, EPA
determines attainment status under the
one-hour ozone NAAQS on the basis of
the annual average number of expected
exceedances of the NAAQS over a threeyear period. See 60 FR 3349, January 17,
1995 and also the ‘‘General Preamble for
the Implementation of Title I of the
Clean Air Act Amendments of 1990,’’ at
57 FR 13506 April 16, 1992 (‘‘General
Preamble’’). EPA’s determination is
based upon data that have been
collected and quality-assured in
accordance with 40 CFR 58, and
recorded in EPA’s Air Quality System
(AQS) database. To account for missing
data, the procedures found in appendix
H to 40 CFR part 50 are used to adjust
the actual number of monitored
72379
exceedances of the standard to yield the
annual number of expected exceedances
(‘‘expected exceedance days’’) at an air
quality monitoring site. We determine if
an area meets the one-hour ozone
NAAQS by calculating, at each monitor,
the average expected number of days
over the standard per year (i.e., ‘‘average
number of expected exceedance days’’)
during the applicable 3-year period. See
the General Preamble, 57 FR 13498,
April 16, 1992. The term ‘‘exceedance’’
is used throughout this document to
describe a daily maximum ozone
measurement that is equal to or exceeds
0.125 ppm which is the level of the
standard after rounding. An area
violates the ozone standard if, over a
consecutive 3-year period, more than 3
days of expected exceedances occur at
the same monitor. For more information
please refer to 40 CFR 50.9, ‘‘National
one-hour primary and secondary
ambient air quality standards for ozone’’
and ‘‘Interpretation of the one-hour
Primary and Secondary National
Ambient Air Quality Standards for
Ozone’’ (40 CFR part 50, appendix H).
B. EPA’s Analysis of the One-Hour
Ozone Data for the Greater Connecticut
Area
The following tables show one-hour
ozone data for the Greater Connecticut
area for each of the three-year periods
2005–2007 (Table 1), 2006–2008 (Table
2), 2007–2009 (Table 3), and 2008–2010
(Table 4). In short, if the three-year
average expected exceedances rate,
shown in the far right column, is less
than or equal to 1.0, the site meets the
one-hour ozone NAAQS. If all sites in
the area meet the one-hour ozone
standard, then the area met the one-hour
NAAQS during that time period.
TABLE 1—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2005–2007
Site
090050006 ........................................
Cornwall ...........................................
090031003 ........................................
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EPA AQS ID
East Hartford ....................................
090110008 ........................................
Groton ..............................................
090110124 ........................................
Groton 3 ............................................
2 The U.S. Court of Appeals for the District of
Columbia Circuit upheld the provisions of 40 CFR
51.918, which codified the Clean Data Policy.
Previously Courts of Appeals for several other
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Actual
exceedance
days over
0.124 ppm
Year
2005
2006
2007
2005
2006
2007
2005
2006
2007
2005
2006
Circuits upheld the Clean Data Policy under the
one-hour standard. See NRDC v. EPA, 571 F.3d
1245 (DC Cir. 2009); Sierra Club v. EPA, 99 F.3d
1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d
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Adjusted
exceedance
days for
missing data
3-year
average
expected
exceedance
rate
1
0
1
3
1
2
0
0
0
........................
........................
1.0
0.0
1.0
3.1
1.0
2.0
0.0
0.0
0.0
........................
........................
0.7
........................
........................
2.0
........................
........................
0.0
........................
........................
0.0
........................
537 (7th Cir. 2004) and Our Children’s
EarthFoundation v. EPA, No. 04–73032 (9th Cir.
June 28, 2005) (memorandum opinion).
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TABLE 1—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2005–2007—Continued
EPA AQS ID
Site
090131001 ........................................
Stafford .............................................
090070007 ........................................
Middletown .......................................
090090027 ........................................
New Haven .......................................
090093002 ........................................
Madison ............................................
Actual
exceedance
days over
0.124 ppm
Year
2007
2005
2006
2007
2005
2006
2007
2005
2006
2007
2005
2006
2007
Adjusted
exceedance
days for
missing data
0
1
1
1
3
1
1
1
0
1
3
1
0
0.0
1.0
1.0
1.0
3.0
1.0
1.0
1.0
0.0
1.0
3.1
1.0
0.0
3-year
average
expected
exceedance
rate
........................
1.0
........................
........................
1.7
........................
........................
0.7
........................
........................
1.4
........................
........................
TABLE 2—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2006–2008
EPA AQS ID
Site
090050006 ........................................
Cornwall ...........................................
090031003 ........................................
East Hartford ....................................
090110124 ........................................
Groton 4 ............................................
090131001 ........................................
Stafford .............................................
090070007 ........................................
Middletown .......................................
090090027 ........................................
New Haven .......................................
090093002 ........................................
Madison ............................................
Actual
exceedance
days over
0.124 ppm
Year
2006
2007
2008
2006
2007
2008
2006
2007
2008
2006
2007
2008
2006
2007
2008
2006
2007
2008
2006
2007
2008
Adjusted
exceedance
days for
missing data
0
1
0
1
2
0
0
0
0
1
1
1
1
1
1
0
1
0
1
0
1
0.0
1.0
0.0
1.0
2.0
0.0
0.0
0.0
0.0
1.0
1.0
1.0
1.0
1.0
1.0
0.0
1.0
0.0
1.0
0.0
1.0
3-year
average
expected
exceedance
rate
0.3
........................
........................
1.0
........................
........................
0.0
........................
........................
1.0
........................
........................
1.0
........................
........................
0.3
........................
........................
0.7
........................
........................
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TABLE 3—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2007–2009
EPA AQS ID
Site
090050006 ........................................
Cornwall ...........................................
3 Site moved in 2007. Ozone was monitored at
both locations in 2007, and the data collected are
comparable.
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4 AQS
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Actual
exceedance
days over
0.124 ppm
Year
2007
Adjusted
exceedance
days for
missing data
1
Number 090110008 before 2007.
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1.0
3-year
average
expected
exceedance
rate
0.3
Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
72381
TABLE 3—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2007–2009—Continued
EPA AQS ID
Site
Actual
exceedance
days over
0.124 ppm
Year
090031003 ........................................
East Hartford ....................................
090110124 ........................................
Groton ..............................................
090131001 ........................................
Stafford .............................................
090070007 ........................................
Middletown .......................................
090090027 ........................................
New Haven .......................................
090093002 ........................................
2008
2009
2007
2008
2009
2007
2008
2009
2007
2008
2009
2007
2008
2009
2007
2008
2009
2007
2008
2009
Madison ............................................
Adjusted
exceedance
days for
missing data
0
0
2
0
0
0
0
0
1
1
0
1
1
0
1
0
0
0
1
0
0.0
0.0
2.0
0.0
0.0
0.0
0.0
0.0
1.0
1.0
0.0
1.0
1.0
0.0
1.0
0.0
0.0
0.0
1.0
0.0
3-year
average
expected
exceedance
rate
........................
........................
0.7
........................
........................
0.0
........................
........................
0.7
........................
........................
0.7
........................
........................
0.3
........................
........................
0.3
........................
........................
TABLE 4—AVERAGE EXPECTED EXCEEDANCE RATE FOR THE ONE-HOUR OZONE STANDARD IN THE GREATER
CONNECTICUT AREA FOR 2008–2010
Site
090050006 ........................................
Cornwall ...........................................
090031003 ........................................
East Hartford ....................................
090110124 ........................................
Groton ..............................................
090131001 ........................................
Stafford .............................................
090070007 ........................................
Middletown .......................................
090090027 ........................................
New Haven .......................................
090093002 ........................................
mstockstill on DSK4VPTVN1PROD with PROPOSALS
EPA AQS ID
Madison ............................................
EPA has reviewed and evaluated
these data in order to make two separate
proposed determinations. First, EPA
addresses whether the Greater
Connecticut area attained the one-hour
ozone standard by the applicable onehour attainment date. As shown in
Table 1, the Greater Connecticut onehour ozone nonattainment area did not
meet its attainment deadline of
November 15, 2007, since three ozone
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Actual
exceedance
days over
0.124 ppm
Year
2008
2009
2010
2008
2009
2010
2008
2009
2010
2008
2009
2010
2008
2009
2010
2008
2009
2010
2008
2009
2010
monitors had expected exceedances
rates above 1.0. In addition, the East
Hartford ozone monitor recorded two
exceedances of the now revoked onehour ozone standard in 2007. Two
exceedances at one monitor prevented
Connecticut from requesting a one-year
extension of the attainment date for the
Greater Connecticut area. See CAA
Section 181(a)(5).
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
Adjusted
exceedance
days for
missing data
0
0
0
0
0
0
0
0
0
1
0
0
1
0
0
0
0
0
1
0
0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.0
3-year
average
expected
exceedance
rate
0.0
........................
........................
0.0
........................
........................
0.0
........................
........................
0.3
........................
........................
0.3
........................
........................
0.0
........................
........................
0.3
........................
........................
Tables 2, 3 and 4, however, show the
area subsequently met the one-hour
ozone standard based on 2006–2008
ozone data (see Table 2) and continues
to meet the one-hour standard based on
complete, quality-assured data for
subsequent time periods (see Tables 3
and 4). Preliminary ozone data available
for 2011 also show that currently the
area continues in attainment of the onehour ozone standard. Thus, EPA is
E:\FR\FM\23NOP1.SGM
23NOP1
72382
Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
proposing to determine that based on
the most recent three years of complete
quality-assured ozone monitoring data,
the Greater Connecticut area is currently
attaining the NAAQS.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
IV. Proposed Determinations
For the reasons set forth in this notice,
EPA is proposing to determine that the
Greater Connecticut one-hour ozone
nonattainment area did not meet its
applicable one-hour ozone attainment
date of November 15, 2007, based on
2005–2007 quality-assured ozone
monitoring data.5 Separate from and
independent of this proposed
determination, EPA is also proposing to
determine that the Greater Connecticut
one-hour ozone nonattainment area is
currently attaining the one-hour ozone
standard, based on the most recent three
years (2008–2010) of complete, qualityassured ozone monitoring data at all
monitoring sites in the area. EPA’s
review of the data shows that the area
began attaining the one-hour ozone
standard in the 2006–2008 period, and
has continued through 2007–2009 and
2008–2010. Preliminary data available
for 2011 indicate that the area continues
to attain the one-hour NAAQS.
EPA is soliciting public comments on
the issues discussed in this notice or on
other relevant matters. These comments
will be considered before taking final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments to the EPA New England
Regional Office listed in the ADDRESSES
section of this Federal Register.
V. Statutory and Executive Order
Reviews
This action proposes to make
determinations of attainment based on
monitored air quality data and does not
impose additional requirements beyond
those imposed by state law. For that
reason, these proposed actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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 actions 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 14, 2011.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2011–30254 Filed 11–22–11; 8:45 am]
BILLING CODE 6560–50–P
5 For the reasons set forth above, a final
determination that the Greater Connecticut onehour ozone nonattainment area did not meet its
applicable one-hour ozone attainment deadline will
not result in reclassification of the area for the onehour standard, nor in any additional air quality
obligations for the area.
VerDate Mar<15>2010
17:29 Nov 22, 2011
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Sfmt 4702
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XA823
Atlantic Highly Migratory Species;
Electronic Dealer Reporting System
Workshop
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public workshop.
AGENCY:
On June 28, 2011, NMFS
published a proposed rule that
considered requiring, among other
things, Federal Atlantic swordfish,
shark, and tunas dealers (except for
dealers reporting Atlantic bluefin tuna)
to report commercially-harvested
Atlantic sharks, swordfish, and bigeye,
albacore, yellowfin, and skipjack
(BAYS) tunas to NMFS through one
centralized electronic reporting system.
This electronic reporting system would
allow dealers to submit Atlantic sharks,
swordfish, and BAYS tuna data on a
more real-time basis and more
efficiently, which will reduce
duplicative data submissions from
different regions. NMFS proposed to
delay the effective date of the electronic
reporting requirements until 2012 in
order to give sufficient time for dealers
to adjust to implementation of the new
system and the additional requirements.
In this notice, NMFS announces the
date and location for an upcoming
workshop in the Caribbean area in order
to introduce the new reporting system to
HMS dealers. NMFS will announce
additional workshops in a future notice.
DATES: The initial Workshop will be
held on December 14, 2011, from 6 to
8 p.m.
ADDRESSES: The initial workshop will
be held in St. Thomas, USVI,
Frenchman’s Reef and Morning Star
Marriott Beach Resort, 5 Estate
Bakkreore, St. Thomas, Virgin Islands,
00801. See SUPPLEMENTARY INFORMATION
for additional details.
FOR FURTHER INFORMATION CONTACT:
Delisse Ortiz or Karyl Brewster-Geisz, at
(301) 427–8503 (phone) or (301) 713–
1917 (fax) or https://www.nmfs.noaa.gov/
sfa/hms/index.htm.
SUPPLEMENTARY INFORMATION: Atlantic
HMS are managed under the dual
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq., and
the Atlantic Tunas Convention Act
SUMMARY:
E:\FR\FM\23NOP1.SGM
23NOP1
]]>Agencies
[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72377-72382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30254]
[[Page 72377]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2011-0711; A-1-FRL-9496-2]
Approval and Promulgation of Air Quality Implementation Plans;
Connecticut; Determinations of Attainment of the One-Hour Ozone
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to determine that the Greater Connecticut
serious one-hour ozone nonattainment area did not meet the applicable
deadline of November 15, 2007, for attaining the one-hour National
Ambient Air Quality Standard (NAAQS) for ozone. This proposed
determination is based upon complete, quality-assured, certified
ambient air monitoring data that show the area had an expected ozone
exceedance rate above the level of the now revoked one-hour ozone NAAQS
for the 2005-2007 monitoring period. Separate from and independent of
this proposed determination, EPA is also proposing to determine that
the Greater Connecticut serious one-hour ozone nonattainment area
currently attains the now revoked one-hour NAAQS for ozone, based upon
complete, quality-assured, certified ambient air monitoring data for
2008-2010. The area first attained the one-hour NAAQS during the 2006-
2008 monitoring period, and continued in attainment during the 2007-
2009, and 2008-2010 monitoring periods. Preliminary data available for
2011 also show the area continues to meet the one-hour NAAQS for ozone.
EPA is proposing these determinations under the Clean Air Act.
DATES: Written comments must be received on or before December 23,
2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0711 by one of the following methods:
1. https://www.regulations.gov: Follow the online instructions for
submitting comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918-0047.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2011-0711, ''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2),
Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA 02109-3912. Such deliveries
are only accepted during the Regional Office's normal hours of
operation. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2011-0711. 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 email, 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 email comment directly to EPA without
going through https://www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
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 Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square, Suite 100, Boston, MA. 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 legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, email
Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble:
I. What is EPA proposing?
A. Proposed Determination of Failure to Attain by Applicable
Attainment Date
B. Proposed Determination of Current Attainment
II. What is the background for these proposed actions?
A. Statutory and Regulatory Background
B. Basis and Effect of Proposed Determinations
III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?
A. How does EPA compute whether an area meets the one-hour ozone
standard?
B. EPA's Analysis of the One-Hour Ozone Data for the Greater
Connecticut Area
IV. Proposed Determinations
V. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing two separate and independent actions for the
Greater Connecticut one-hour ozone serious nonattainment area
(hereafter, ``the Greater Connecticut area'').
A. Proposed Determination of Failure to Attain by Applicable Attainment
Date
EPA is proposing to determine that the Greater Connecticut area did
not attain the one-hour ozone NAAQS by the applicable attainment date,
November 15, 2007. This proposed determination is based upon complete,
quality-assured and certified air quality monitoring data for the 2005
through 2007 ozone seasons.
B. Proposed Determination of Current Attainment
In addition, EPA is proposing to determine that the Greater
Connecticut area is currently attaining the one-hour
[[Page 72378]]
ozone NAAQS based upon complete, quality-assured and certified ambient
air monitoring data showing the area currently monitors monitored
attainment of the one-hour ozone NAAQS, and that it has done so
continuously since the 2006-2008 monitoring period. If this proposed
determination is finalized, any obligations related to one-hour ozone
contingency measures in the Greater Connecticut area shall be suspended
for so long as the area continues to attain the one-hour ozone NAAQS.
II. What is the background for these proposed actions?
A. Statutory and Regulatory Background
EPA designated the Greater Connecticut area as nonattainment for
one-hour ozone following the enactment of the Clean Air Act (CAA)
Amendments of 1990. Most areas of the country that EPA designated
nonattainment for the one-hour ozone NAAQS were classified by operation
of law as marginal, moderate, serious, severe, or extreme, depending on
the severity of the area's air quality problem. See CAA sections
107(d)(1)(C) and 181(a). The Greater Connecticut area was classified as
serious. The one-hour ozone attainment deadline for the Greater
Connecticut serious area was initially set for November 15, 1999, and
later extended to November 15, 2007 based on EPA's Attainment Date
Extension Policy. See 66 FR 634, January 3, 2001. The Greater
Connecticut one-hour ozone nonattainment area consists of most of
Connecticut, with the following exceptions: Bridgetown and New Milford
in Litchfield County are excluded. Also, Fairfield County is excluded,
save the City of Sheldon. See 40 CFR 81.307. The entire state was
designated nonattainment for the one-hour standard, and divided into
two nonattainment areas: Greater Connecticut and the Connecticut
portion of the New York City area.
On July 18, 1997 (62 FR 38856), EPA promulgated a new, standard for
ozone based on an 8-hour average concentration (the ``1997 8-hour ozone
NAAQS''). EPA designated and classified most areas of the country under
the eight-hour ozone NAAQS in an April 30, 2004 final rule. See 69 FR
23858. EPA designated Greater Connecticut as nonattainment for the 1997
8-hour ozone NAAQS, and at the time of designation the area did not
meet the one-hour ozone standard. Again, the entire state was
designated nonattainment for the 8-hour NAAQS, and divided into two
nonattainment areas, with the same names as the one-hour areas, but
with slightly different boundaries than the two one-hour areas. See 40
CFR 81.307.
On April 30, 2004, EPA issued a final rule (69 FR 23951) entitled
``Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 1,'' referred to as the Phase 1 Rule. Among other
matters, this rule revoked the one-hour ozone NAAQS in most areas of
the country, effective June 15, 2005. See 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470. The Phase 1 Rule also set forth how anti-
backsliding principles will ensure continued progress toward attainment
of the eight-hour ozone NAAQS by identifying which one-hour
requirements remain applicable in an area after revocation of the one-
hour ozone NAAQS. Although, EPA revoked the one-hour ozone standard
(effective June 15, 2005), eight-hour ozone nonattainment areas remain
subject to certain one-hour, anti-backsliding requirements based on
their one-hour ozone classification. Initially, in our rules to address
the transition from the one-hour to the eight-hour ozone standard, EPA
did not include one-hour contingency measures among the measures
retained as one-hour ozone anti-backsliding requirements.\1\ However,
on December 23, 2006, the United States Court of Appeals for the
District of Columbia Circuit determined that EPA should not have
excluded these requirements (and certain others not relevant here) from
its anti-backsliding requirements. See South Coast Air Quality
Management District v. EPA, 472 F.3d 882 (DC Cir. 2006), rehearing
denied 489 F.3d 1245 (clarifying that the vacatur was limited to the
issues on which the court granted the petitions for review. Thus, the
Court vacated the provisions that excluded these requirements. As a
result, States must continue to meet the obligations for one-hour ozone
NAAQS contingency measures and, EPA has issued a proposed rule, that
would remove the vacated provisions of 40 CFR 51.905(e), and addresses
contingency measures for failure to attain, or make reasonable further
progress toward attainment, for the one-hour standard. See 74 FR 2936,
January 16, 2009 (proposed rule); and 74 FR 7027, February 12, 2009
(notice of public hearing and extension of comment period).
---------------------------------------------------------------------------
\1\ Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 1, 69 FR 23951 (April 30, 2004).
---------------------------------------------------------------------------
B. Basis and Effect of Proposed Determinations
After revocation of the one-hour ozone standard, EPA must continue
to provide a mechanism to give effect to the one-hour anti-backsliding
requirements. See SCAQMD v. EPA, 47 F.3d 882, at 903. In keeping with
this responsibility with respect to specific one-hour anti-backsliding
measures, such as contingency measures, EPA proposes to determine that
Greater Connecticut failed to attain the one-hour ozone standard by its
applicable attainment date. Consistent with 40 CFR 51.905(e)(2), and
the South Coast decision, upon revocation of the one-hour ozone NAAQS
for an area, EPA is no longer obligated to determine whether an area
has attained the one-hour NAAQS, except insofar as it relates to
effectuating the anti-backsliding requirements that are specifically
retained. EPA's determination here is linked solely to required, one-
hour, anti-backsliding, contingency measures. A final determination of
failure to attain will not result in reclassification of the area under
the revoked one-hour standard, nor is EPA identifying or determining
any new one-hour reclassification for the area. EPA is no longer
required to reclassify an area to a higher classification for the one-
hour ozone NAAQS based upon a determination that the area failed to
attain that NAAQS by its attainment date. See 40 CFR
51.905(e)(2)(i)(B). Thus, even if we finalize our proposed
determination that the area failed to attain the one-hour ozone NAAQS
by its attainment deadline, the area will not be reclassified to a
higher classification. Moreover, EPA has previously approved the
attainment demonstration and Reasonable Further Progress (ROP) plans
for this area, and in doing so noted that although there were no state
implementation plan contingency measure reductions applicable to the
Greater Connecticut area for failure to attain, there were federal
measures the state had not accounted for in its attainment
demonstration that provided more reductions than necessary to serve the
purpose of contingency measures for this area. See 66 FR 634, January
3, 2001. In addition, EPA is proposing to determine that the Greater
Connecticut area has attained the one-hour ozone standard since 2008.
In this context, even if EPA's proposed determination that the area did
not attain the standard in 2007 deadline is finalized, it will not
trigger any additional obligations for the area under the one-hour
ozone standard. Under EPA's ``Clean Data Policy'' interpretation, which
was first
[[Page 72379]]
articulated for the one-hour standard and then codified for the 8-hour
ozone standard (40 CFR 51.918),\2\ a determination of attainment
suspends obligations for attainment-related requirements for that
standard, including contingency measures. See, for example,
determination of one-hour ozone attainment for Baton Rouge, 75 FR 6570
(February 10, 2010).
---------------------------------------------------------------------------
\2\ The U.S. Court of Appeals for the District of Columbia
Circuit upheld the provisions of 40 CFR 51.918, which codified the
Clean Data Policy. Previously Courts of Appeals for several other
Circuits upheld the Clean Data Policy under the one-hour standard.
See NRDC v. EPA, 571 F.3d 1245 (DC Cir. 2009); Sierra Club v. EPA,
99 F.3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F.3d 537 (7th
Cir. 2004) and Our Children's EarthFoundation v. EPA, No. 04-73032
(9th Cir. June 28, 2005) (memorandum opinion).
---------------------------------------------------------------------------
III. What is EPA's analysis of data for purposes of determining
attainment of the one-hour ozone standard?
A. How does EPA compute whether an area meets the one-hour ozone
standard?
Although the one-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, EPA's
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the one-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that:
``The level of the national one-hour primary and secondary ambient air
quality standards for ozone * * * is 0.12 parts per million. * * * The
standard is attained when the expected number of days per calendar year
with maximum hourly average concentrations of 0.12 parts per million *
* * is equal to or less than 1, as determined by appendix H to this
part.'' Thus, compliance with the NAAQS is based on comparison of air
quality concentrations with the standard and on how many days that
standard has been exceeded, adjusted for the number of missing days.
For comparison with the NAAQS, EPA has clearly communicated the
data handling conventions for the one-hour ozone NAAQS in guidance
documents. As early as 1979, EPA issued guidance stating that the level
of our NAAQS dictates the number of significant figures to be used in
determining whether the standard was exceeded. The stated level of the
standard is taken as defining the number of significant figures to be
used in comparisons with the standard. For example, a standard level of
0.12 ppm means that measurements are to be rounded to two decimal
places (0.005 rounds up), and, therefore, 0.125 ppm is the smallest
concentration value in excess of the level of the standard. See
``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979. EPA has consistently
applied the rounding convention in this 1979 guideline. See 68 FR
19111, April 17, 2003, 68 FR 62043, October 31, 2003, and 69 FR 21719,
April 22, 2004. Then, EPA determines attainment status under the one-
hour ozone NAAQS on the basis of the annual average number of expected
exceedances of the NAAQS over a three-year period. See 60 FR 3349,
January 17, 1995 and also the ``General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' at 57 FR 13506
April 16, 1992 (``General Preamble''). EPA's determination is based
upon data that have been collected and quality-assured in accordance
with 40 CFR 58, and recorded in EPA's Air Quality System (AQS)
database. To account for missing data, the procedures found in appendix
H to 40 CFR part 50 are used to adjust the actual number of monitored
exceedances of the standard to yield the annual number of expected
exceedances (``expected exceedance days'') at an air quality monitoring
site. We determine if an area meets the one-hour ozone NAAQS by
calculating, at each monitor, the average expected number of days over
the standard per year (i.e., ``average number of expected exceedance
days'') during the applicable 3-year period. See the General Preamble,
57 FR 13498, April 16, 1992. The term ``exceedance'' is used throughout
this document to describe a daily maximum ozone measurement that is
equal to or exceeds 0.125 ppm which is the level of the standard after
rounding. An area violates the ozone standard if, over a consecutive 3-
year period, more than 3 days of expected exceedances occur at the same
monitor. For more information please refer to 40 CFR 50.9, ``National
one-hour primary and secondary ambient air quality standards for
ozone'' and ``Interpretation of the one-hour Primary and Secondary
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50,
appendix H).
B. EPA's Analysis of the One-Hour Ozone Data for the Greater
Connecticut Area
The following tables show one-hour ozone data for the Greater
Connecticut area for each of the three-year periods 2005-2007 (Table
1), 2006-2008 (Table 2), 2007-2009 (Table 3), and 2008-2010 (Table 4).
In short, if the three-year average expected exceedances rate, shown in
the far right column, is less than or equal to 1.0, the site meets the
one-hour ozone NAAQS. If all sites in the area meet the one-hour ozone
standard, then the area met the one-hour NAAQS during that time period.
Table 1--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Greater Connecticut Area for
2005-2007
----------------------------------------------------------------------------------------------------------------
3-year
Actual Adjusted average
EPA AQS ID Site Year exceedance exceedance expected
days over days for exceedance
0.124 ppm missing data rate
----------------------------------------------------------------------------------------------------------------
090050006..................... Cornwall........ 2005 1 1.0 0.7
2006 0 0.0 ..............
2007 1 1.0 ..............
090031003..................... East Hartford... 2005 3 3.1 2.0
2006 1 1.0 ..............
2007 2 2.0 ..............
090110008..................... Groton.......... 2005 0 0.0 0.0
2006 0 0.0 ..............
2007 0 0.0 ..............
090110124..................... Groton \3\...... 2005 .............. .............. 0.0
2006 .............. .............. ..............
[[Page 72380]]
2007 0 0.0 ..............
090131001..................... Stafford........ 2005 1 1.0 1.0
2006 1 1.0 ..............
2007 1 1.0 ..............
090070007..................... Middletown...... 2005 3 3.0 1.7
2006 1 1.0 ..............
2007 1 1.0 ..............
090090027..................... New Haven....... 2005 1 1.0 0.7
2006 0 0.0 ..............
2007 1 1.0 ..............
090093002..................... Madison......... 2005 3 3.1 1.4
2006 1 1.0 ..............
2007 0 0.0 ..............
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\3\ Site moved in 2007. Ozone was monitored at both locations in
2007, and the data collected are comparable.
Table 2--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Greater Connecticut Area for
2006-2008
----------------------------------------------------------------------------------------------------------------
3-year
Actual Adjusted average
EPA AQS ID Site Year exceedance exceedance expected
days over days for exceedance
0.124 ppm missing data rate
----------------------------------------------------------------------------------------------------------------
090050006..................... Cornwall........ 2006 0 0.0 0.3
2007 1 1.0 ..............
2008 0 0.0 ..............
090031003..................... East Hartford... 2006 1 1.0 1.0
2007 2 2.0 ..............
2008 0 0.0 ..............
090110124..................... Groton \4\...... 2006 0 0.0 0.0
2007 0 0.0 ..............
2008 0 0.0 ..............
090131001..................... Stafford........ 2006 1 1.0 1.0
2007 1 1.0 ..............
2008 1 1.0 ..............
090070007..................... Middletown...... 2006 1 1.0 1.0
2007 1 1.0 ..............
2008 1 1.0 ..............
090090027..................... New Haven....... 2006 0 0.0 0.3
2007 1 1.0 ..............
2008 0 0.0 ..............
090093002..................... Madison......... 2006 1 1.0 0.7
2007 0 0.0 ..............
2008 1 1.0 ..............
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\4\ AQS Number 090110008 before 2007.
Table 3--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Greater Connecticut Area for
2007-2009
----------------------------------------------------------------------------------------------------------------
3-year
Actual Adjusted average
EPA AQS ID Site Year exceedance exceedance expected
days over days for exceedance
0.124 ppm missing data rate
----------------------------------------------------------------------------------------------------------------
090050006..................... Cornwall........ 2007 1 1.0 0.3
[[Page 72381]]
2008 0 0.0 ..............
2009 0 0.0 ..............
090031003..................... East Hartford... 2007 2 2.0 0.7
2008 0 0.0 ..............
2009 0 0.0 ..............
090110124..................... Groton.......... 2007 0 0.0 0.0
2008 0 0.0 ..............
2009 0 0.0 ..............
090131001..................... Stafford........ 2007 1 1.0 0.7
2008 1 1.0 ..............
2009 0 0.0 ..............
090070007..................... Middletown...... 2007 1 1.0 0.7
2008 1 1.0 ..............
2009 0 0.0 ..............
090090027..................... New Haven....... 2007 1 1.0 0.3
2008 0 0.0 ..............
2009 0 0.0 ..............
090093002..................... Madison......... 2007 0 0.0 0.3
2008 1 1.0 ..............
2009 0 0.0 ..............
----------------------------------------------------------------------------------------------------------------
Table 4--Average Expected Exceedance Rate for the One-Hour Ozone Standard in the Greater Connecticut Area for
2008-2010
----------------------------------------------------------------------------------------------------------------
3-year
Actual Adjusted average
EPA AQS ID Site Year exceedance exceedance expected
days over days for exceedance
0.124 ppm missing data rate
----------------------------------------------------------------------------------------------------------------
090050006..................... Cornwall........ 2008 0 0.0 0.0
2009 0 0.0 ..............
2010 0 0.0 ..............
090031003..................... East Hartford... 2008 0 0.0 0.0
2009 0 0.0 ..............
2010 0 0.0 ..............
090110124..................... Groton.......... 2008 0 0.0 0.0
2009 0 0.0 ..............
2010 0 0.0 ..............
090131001..................... Stafford........ 2008 1 1.0 0.3
2009 0 0.0 ..............
2010 0 0.0 ..............
090070007..................... Middletown...... 2008 1 1.0 0.3
2009 0 0.0 ..............
2010 0 0.0 ..............
090090027..................... New Haven....... 2008 0 0.0 0.0
2009 0 0.0 ..............
2010 0 0.0 ..............
090093002..................... Madison......... 2008 1 1.0 0.3
2009 0 0.0 ..............
2010 0 0.0 ..............
----------------------------------------------------------------------------------------------------------------
EPA has reviewed and evaluated these data in order to make two
separate proposed determinations. First, EPA addresses whether the
Greater Connecticut area attained the one-hour ozone standard by the
applicable one-hour attainment date. As shown in Table 1, the Greater
Connecticut one-hour ozone nonattainment area did not meet its
attainment deadline of November 15, 2007, since three ozone monitors
had expected exceedances rates above 1.0. In addition, the East
Hartford ozone monitor recorded two exceedances of the now revoked one-
hour ozone standard in 2007. Two exceedances at one monitor prevented
Connecticut from requesting a one-year extension of the attainment date
for the Greater Connecticut area. See CAA Section 181(a)(5).
Tables 2, 3 and 4, however, show the area subsequently met the one-
hour ozone standard based on 2006-2008 ozone data (see Table 2) and
continues to meet the one-hour standard based on complete, quality-
assured data for subsequent time periods (see Tables 3 and 4).
Preliminary ozone data available for 2011 also show that currently the
area continues in attainment of the one-hour ozone standard. Thus, EPA
is
[[Page 72382]]
proposing to determine that based on the most recent three years of
complete quality-assured ozone monitoring data, the Greater Connecticut
area is currently attaining the NAAQS.
IV. Proposed Determinations
For the reasons set forth in this notice, EPA is proposing to
determine that the Greater Connecticut one-hour ozone nonattainment
area did not meet its applicable one-hour ozone attainment date of
November 15, 2007, based on 2005-2007 quality-assured ozone monitoring
data.\5\ Separate from and independent of this proposed determination,
EPA is also proposing to determine that the Greater Connecticut one-
hour ozone nonattainment area is currently attaining the one-hour ozone
standard, based on the most recent three years (2008-2010) of complete,
quality-assured ozone monitoring data at all monitoring sites in the
area. EPA's review of the data shows that the area began attaining the
one-hour ozone standard in the 2006-2008 period, and has continued
through 2007-2009 and 2008-2010. Preliminary data available for 2011
indicate that the area continues to attain the one-hour NAAQS.
---------------------------------------------------------------------------
\5\ For the reasons set forth above, a final determination that
the Greater Connecticut one-hour ozone nonattainment area did not
meet its applicable one-hour ozone attainment deadline will not
result in reclassification of the area for the one-hour standard,
nor in any additional air quality obligations for the area.
---------------------------------------------------------------------------
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.
V. Statutory and Executive Order Reviews
This action proposes to make determinations of attainment based on
monitored air quality data and does not impose additional requirements
beyond those imposed by state law. For that reason, these proposed
actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 actions 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 14, 2011.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2011-30254 Filed 11-22-11; 8:45 am]
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