Approval and Promulgation of Air Quality Implementation Plans; Maryland; Baltimore Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard, 72374-72376 [2011-30300]
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72374
Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
Dated: November 16, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2011–30140 Filed 11–22–11; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0819; FRL–9495–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Baltimore Nonattainment
Area Determinations of Attainment of
the 1997 Annual Fine Particulate
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
determinations regarding the Baltimore
fine particulate matter (PM2.5)
nonattainment area (hereafter referred to
as ‘‘the Baltimore Area’’ or ‘‘Area’’).
First, EPA is proposing to determine
that the Area has attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS). This
proposed clean data determination is
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2008–2010 period showing
that the Area has monitored attainment
of the 1997 annual PM2.5 NAAQS and
data available to date for 2011 in EPA’s
Air Quality System (AQS) database that
show the Area continues to attain. If
EPA finalizes this proposed clean data
determination, the requirements for the
Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to the
attainment of the standard shall be
suspended for so long as the Area
continues to attain the annual PM2.5
NAAQS. EPA is also proposing to
determine, based on quality-assured and
certified monitoring data for the 2007–
2009 monitoring period, that the Area
has attained the 1997 annual PM2.5
NAAQS by its applicable attainment
date of April 5, 2010. In addition, EPA
is withdrawing the July 31, 2009 (74 FR
38161) proposed clean data
determination for the Baltimore Area.
These actions are being taken under the
Clean Air Act (CAA).
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
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Written comments must be
received on or before December 23,
2011.
DATES:
Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0819 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0819,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0819. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at www.
regulations.gov, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the www.
regulations.gov index. Although listed
in the index, some information is not
ADDRESSES:
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
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 www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@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 are 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 are EPA proposing?
In accordance with section 179(c)(1)
of the CAA, 42 U.S.C. 7509(c)(1), and 40
CFR 51.1004(c), EPA is proposing to
determine that the Baltimore Area has
attained the 1997 annual PM2.5 NAAQS.
The proposal is based upon qualityassured and certified ambient air
monitoring data for the 2007–2009 and
2008–2010 monitoring periods that
show that the Area attained the 1997
annual PM2.5 NAAQS, and data
available to date for 2011 that shows the
Area continues to attain. EPA is also
proposing to determine, in accordance
with EPA’s PM2.5 Implementation Rule
of April 25, 2007 (72 FR 20664), that the
Baltimore Area has attained the 1997
annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010.
Finally, EPA is withdrawing the
previous clean data proposal for the
Baltimore Area published on July 31,
2009 (74 FR 38161) since that action
was never finalized and more current
data is now available.
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 (mg/
m3) based on a 3-year average of annual
mean PM2.5 concentrations (hereafter
referred to as ‘‘the annual PM2.5
NAAQS’’ or ‘‘the annual standard’’). At
that time, EPA also established a 24hour standard of 65 mg/m3. (Today’s
action does not address the 24-hour
E:\FR\FM\23NOP1.SGM
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
standard.). See, 40 CFR 50.7. On January
5, 2005 (70 FR 944), EPA published its
air quality designations and
classifications for the annual 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 Baltimore Area was
designated nonattainment for the 1997
annual PM2.5 NAAQS during this
designations process. See, 40 CFR
81.321 (Maryland).
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15.0 mg/m3 based on a 3-year
average of annual mean PM2.5
concentrations, and promulgated a 24hour standard of 35 mg/m3 based on a
3-year average of the 98th percentile of
24-hour concentrations (the ‘‘2006 24hour standard’’). On November 13,
2009, EPA designated the Baltimore
Area as attainment for the 2006 24-hour
standard. In that action, EPA also
clarified the designations for the PM2.5
NAAQS promulgated in 1997 stating
that the Baltimore Area was attainment
for the 1997 24-hour standard (74 FR
58688). Today’s action, however, does
not address either the 1997 or the 2006
24-hour standard.
In response to legal challenges of the
annual standards promulgated in 2006,
the U.S. Court of Appeals for the District
of Columbia Circuit (DC Circuit)
remanded this standard 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 standard
would also indicate attainment of the
remanded 2006 annual standard.
On April 25, 2007 (72 FR 20664), EPA
promulgated its PM2.5 implementation
rule, codified at 40 CFR part 51, subpart
Z, in which EPA provided guidance for
state and tribal plans to implement the
1997 PM2.5 standard. This rule, at 40
CFR 51.1004(c), specifies some of the
regulatory consequences of attaining the
standard, as discussed later.
On July 31, 2009 (74 FR 38161), EPA
proposed, but never finalized a clean
data determination for the Baltimore
Area. See, Docket ID No. EPA–R03–
OAR–2009–0199. EPA is withdrawing
this previous clean data proposal for the
Baltimore Area.
III. What is EPA’s analysis of the
relevant air quality data?
Today’s proposed rulemaking
determines that the Baltimore Area has
clean data for the 1997 annual PM2.5
NAAQS, based on the most recent three
years of quality-assured data and data
available to date for 2011 and that the
Area attained the 1997 annual PM2.5
NAAQS by its applicable attainment
date of April 5, 2010. Under EPA
72375
regulations at 40 CFR 50.7, the 1997
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 mg/m3 at all relevant
monitoring sites in the subject area.
EPA has determined that the PM2.5
monitoring network for the Baltimore
Area is adequate. First, the number of
monitors in the Area meets the
minimum regulatory requirements given
in 40 CFR part 58, appendix D. Second,
the monitoring is in accordance with the
monitoring plans that have been
reviewed and approved by EPA.
Table 1 shows the design values (i.e.,
the 3-year average of annual mean PM2.5
concentrations) for the annual PM2.5
NAAQS for the Baltimore Area monitors
for the years 2008–2010. All data
considered have been quality-assured,
certified, and recorded in AQS. Table 2
shows the design values (i.e., the 3-year
average of annual mean PM2.5
concentrations) for the annual PM2.5
NAAQS for the Baltimore Area monitors
for the years 2007–2009. All data
considered have been quality-assured,
certified, and recorded in AQS. EPA’s
review of these data indicates that the
Baltimore Area has met the annual
PM2.5 NAAQS and that the Area
attained the PM2.5 standard by its
attainment date of April 5, 2010.
TABLE 1—BALTIMORE AREA 2008–2010 PM2.5 DATA (IN μg/m3)
2008
Annual mean
City
Site ID
Glen Burnie ..........................................................................
Padonia ................................................................................
Essex ...................................................................................
Edgewood ............................................................................
Baltimore ..............................................................................
Baltimore ..............................................................................
Baltimore ..............................................................................
24–003–1003
24–005–1007
24–005–3001
24–025–1001
24–510–0006
24–510–0007
24–510–0008
2009
Annual mean
12.6
11.9
12.6
11.3
12.2
12.4
12.7
11.1
10.2
11.0
9.6
10.1
10.3
11.1
2010
Annual mean
2008–2010
Design value
11.0
10.4
11.6
9.5
10.1
10.3
11.0
11.6
10.8
11.7
10.1
10.8
11.0
11.6
TABLE 2—BALTIMORE AREA 2007–2009 PM2.5 DATA (IN μg/m3)
2007
Annual mean
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City
Site ID
Glen Burnie ..........................................................................
Padonia ................................................................................
Essex ...................................................................................
Edgewood ............................................................................
Baltimore ..............................................................................
Baltimore ..............................................................................
Baltimore ..............................................................................
Baltimore ..............................................................................
24–003–1003
24–005–1007
24–005–3001
24–025–1001
24–510–0035
24–510–0006
24–510–0007
24–510–0008
2008
Annual mean
13.4
13.3
14.0
12.2
14.1
13.1
13.4
15.0
12.6
11.9
12.6
11.3
*
12.2
12.4
12.7
2009
Annual mean
2007–2009
Design value
11.1
10.2
11.0
9.6
*
10.1
10.3
11.1
* Monitor Site ID 24–510–0035 shut down in August 2008 due to demolition of the monitoring site.
Preliminary data for 2011 which has
not been quality-assured or certified is
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included in Table 3 below. This
preliminary 2011 data indicates that the
PO 00000
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Fmt 4702
Sfmt 4702
Area continues to attain the annual
PM2.5 NAAQS.
E:\FR\FM\23NOP1.SGM
23NOP1
12.4
11.8
12.6
11.0
*
11.8
12.0
12.9
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Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules
TABLE 3—BALTIMORE AREA PRELIMINARY 2011 PM2.5 DATA (IN μg/m3)
City
Site ID
Glen Burnie ..............................................................................................................................................................
Padonia ....................................................................................................................................................................
Essex .......................................................................................................................................................................
Edgewood ................................................................................................................................................................
Baltimore ..................................................................................................................................................................
Baltimore ..................................................................................................................................................................
Baltimore ..................................................................................................................................................................
24–003–1003
24–005–1007
24–005–3001
24–025–1001
24–510–0006
24–510–0007
24–510–0008
Additional information about the
monitoring network and air quality data
can be found in the Technical Support
Document (TSD) for this action which is
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2011–
0819.
IV. What is the effect of these actions?
mstockstill on DSK4VPTVN1PROD with PROPOSALS
2011
Preliminary
annual mean
If EPA’s proposed clean data
determination based on the most recent
three years of quality-assured data and
data available to date for 2011, is made
final, the requirements for the Baltimore
Area to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning SIPs related to
attainment of the 1997 annual PM2.5
NAAQS would be suspended for so long
as the Baltimore Area continues to
attain the 1997 annual PM2.5 NAAQS.
See, 40 CFR 51.1004(c). Notably, as
described below, any such
determination would not be equivalent
to the redesignation of the Baltimore
Area to attainment for the 1997 annual
PM2.5 NAAQS. If this proposed
determination is finalized and EPA
subsequently determines, after noticeand-comment rulemaking in the Federal
Register, that the Area has violated the
1997 annual PM2.5 NAAQS, the basis for
the suspension of the specific
requirements would no longer exist for
the Baltimore Area, and the Area would
thereafter have to address the applicable
requirements. See, 40 CFR 51.1004(c).
Finalizing this proposed action would
not constitute a redesignation of the
Area to attainment of the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of
the CAA. Further, finalizing this
proposed action does not involve
approving a maintenance plan for the
Area as required under section 175A of
the CAA, nor would it find that the Area
has met all other requirements for
redesignation. Even if EPA finalizes the
proposed action, the designation status
of the Baltimore Area would remain
nonattainment for the 1997 annual
PM2.5 NAAQS until such time as EPA
determines that the Area meets the CAA
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requirements for redesignation to
attainment and takes action to
redesignate the Baltimore Area.
In addition, if EPA’s separate and
independent proposed determination
that the Area has attained the 1997
annual PM2.5 standard by its 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 Area’s air
quality data as of the attainment date
whether the Area attained the standard
by that date.
These two actions described above are
proposed determinations regarding the
Baltimore Area’s 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 also
withdrawing its previously proposed
clean data determination (74 FR 38161)
for the 1997 annual PM2.5 standard since
the previous action was never finalized
and more current data is now available.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
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.);
PO 00000
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Fmt 4702
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10.5
9.9
10.6
9.3
9.9
9.5
10.8
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule to find
that the Baltimore Area attained the
annual 1997 PM2.5 standard and
attained the standard by its attainment
date does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 15, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–30300 Filed 11–22–11; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Proposed Rules]
[Pages 72374-72376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30300]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0819; FRL-9495-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Baltimore Nonattainment Area Determinations of Attainment of
the 1997 Annual Fine Particulate Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make two determinations regarding the
Baltimore fine particulate matter (PM2.5) nonattainment area
(hereafter referred to as ``the Baltimore Area'' or ``Area''). First,
EPA is proposing to determine that the Area has attained the 1997
annual PM2.5 National Ambient Air Quality Standard (NAAQS).
This proposed clean data determination is based upon complete, quality-
assured and certified ambient air monitoring data for the 2008-2010
period showing that the Area has monitored attainment of the 1997
annual PM2.5 NAAQS and data available to date for 2011 in
EPA's Air Quality System (AQS) database that show the Area continues to
attain. If EPA finalizes this proposed clean data determination, the
requirements for the Area to submit an attainment demonstration and
associated reasonably available control measures (RACM), a reasonable
further progress (RFP) plan, contingency measures, and other planning
State Implementation Plan (SIP) revisions related to the attainment of
the standard shall be suspended for so long as the Area continues to
attain the annual PM2.5 NAAQS. EPA is also proposing to
determine, based on quality-assured and certified monitoring data for
the 2007-2009 monitoring period, that the Area has attained the 1997
annual PM2.5 NAAQS by its applicable attainment date of
April 5, 2010. In addition, EPA is withdrawing the July 31, 2009 (74 FR
38161) proposed clean data determination for the Baltimore Area. These
actions are being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before December 23,
2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0819 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0819, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0819. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
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 www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@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 are 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 are EPA proposing?
In accordance with section 179(c)(1) of the CAA, 42 U.S.C.
7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine that
the Baltimore Area has attained the 1997 annual PM2.5 NAAQS.
The proposal is based upon quality-assured and certified ambient air
monitoring data for the 2007-2009 and 2008-2010 monitoring periods that
show that the Area attained the 1997 annual PM2.5 NAAQS, and
data available to date for 2011 that shows the Area continues to
attain. EPA is also proposing to determine, in accordance with EPA's
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664),
that the Baltimore Area has attained the 1997 annual PM2.5
NAAQS by its applicable attainment date of April 5, 2010. Finally, EPA
is withdrawing the previous clean data proposal for the Baltimore Area
published on July 31, 2009 (74 FR 38161) since that action was never
finalized and more current data is now available.
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 3-year average of annual mean PM2.5
concentrations (hereafter referred to as ``the annual PM2.5
NAAQS'' or ``the annual standard''). 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
[[Page 72375]]
standard.). See, 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA
published its air quality designations and classifications for the
annual 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 Baltimore Area was designated
nonattainment for the 1997 annual PM2.5 NAAQS during this
designations process. See, 40 CFR 81.321 (Maryland).
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations, and promulgated a 24-hour
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations (the ``2006 24-hour standard'').
On November 13, 2009, EPA designated the Baltimore Area as attainment
for the 2006 24-hour standard. In that action, EPA also clarified the
designations for the PM2.5 NAAQS promulgated in 1997 stating
that the Baltimore Area was attainment for the 1997 24-hour standard
(74 FR 58688). Today's action, however, does not address either the
1997 or the 2006 24-hour standard.
In response to legal challenges of the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded this standard 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 standard would also indicate attainment
of the remanded 2006 annual standard.
On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which EPA provided guidance for state and tribal plans to
implement the 1997 PM2.5 standard. This rule, at 40 CFR
51.1004(c), specifies some of the regulatory consequences of attaining
the standard, as discussed later.
On July 31, 2009 (74 FR 38161), EPA proposed, but never finalized a
clean data determination for the Baltimore Area. See, Docket ID No.
EPA-R03-OAR-2009-0199. EPA is withdrawing this previous clean data
proposal for the Baltimore Area.
III. What is EPA's analysis of the relevant air quality data?
Today's proposed rulemaking determines that the Baltimore Area has
clean data for the 1997 annual PM2.5 NAAQS, based on the
most recent three years of quality-assured data and data available to
date for 2011 and that the Area attained the 1997 annual
PM2.5 NAAQS by its applicable attainment date of April 5,
2010. Under EPA regulations at 40 CFR 50.7, the 1997 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 [mu]g/m\3\ at all relevant
monitoring sites in the subject area.
EPA has determined that the PM2.5 monitoring network for
the Baltimore Area is adequate. First, the number of monitors in the
Area meets the minimum regulatory requirements given in 40 CFR part 58,
appendix D. Second, the monitoring is in accordance with the monitoring
plans that have been reviewed and approved by EPA.
Table 1 shows the design values (i.e., the 3-year average of annual
mean PM2.5 concentrations) for the annual PM2.5
NAAQS for the Baltimore Area monitors for the years 2008-2010. All data
considered have been quality-assured, certified, and recorded in AQS.
Table 2 shows the design values (i.e., the 3-year average of annual
mean PM2.5 concentrations) for the annual PM2.5
NAAQS for the Baltimore Area monitors for the years 2007-2009. All data
considered have been quality-assured, certified, and recorded in AQS.
EPA's review of these data indicates that the Baltimore Area has met
the annual PM2.5 NAAQS and that the Area attained the
PM2.5 standard by its attainment date of April 5, 2010.
Table 1--Baltimore Area 2008-2010 PM2.5 Data (in [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
2008 Annual 2009 Annual 2010 Annual 2008-2010
City Site ID mean mean mean Design value
----------------------------------------------------------------------------------------------------------------
Glen Burnie..................... 24-003-1003 12.6 11.1 11.0 11.6
Padonia......................... 24-005-1007 11.9 10.2 10.4 10.8
Essex........................... 24-005-3001 12.6 11.0 11.6 11.7
Edgewood........................ 24-025-1001 11.3 9.6 9.5 10.1
Baltimore....................... 24-510-0006 12.2 10.1 10.1 10.8
Baltimore....................... 24-510-0007 12.4 10.3 10.3 11.0
Baltimore....................... 24-510-0008 12.7 11.1 11.0 11.6
----------------------------------------------------------------------------------------------------------------
Table 2--Baltimore Area 2007-2009 PM2.5 Data (in [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
2007 Annual 2008 Annual 2009 Annual 2007-2009
City Site ID mean mean mean Design value
----------------------------------------------------------------------------------------------------------------
Glen Burnie..................... 24-003-1003 13.4 12.6 11.1 12.4
Padonia......................... 24-005-1007 13.3 11.9 10.2 11.8
Essex........................... 24-005-3001 14.0 12.6 11.0 12.6
Edgewood........................ 24-025-1001 12.2 11.3 9.6 11.0
Baltimore....................... 24-510-0035 14.1 * * *
Baltimore....................... 24-510-0006 13.1 12.2 10.1 11.8
Baltimore....................... 24-510-0007 13.4 12.4 10.3 12.0
Baltimore....................... 24-510-0008 15.0 12.7 11.1 12.9
----------------------------------------------------------------------------------------------------------------
* Monitor Site ID 24-510-0035 shut down in August 2008 due to demolition of the monitoring site.
Preliminary data for 2011 which has not been quality-assured or
certified is included in Table 3 below. This preliminary 2011 data
indicates that the Area continues to attain the annual PM2.5
NAAQS.
[[Page 72376]]
Table 3--Baltimore Area Preliminary 2011 PM2.5 Data (in [mu]g/m\3\)
------------------------------------------------------------------------
2011
City Site ID Preliminary
annual mean
------------------------------------------------------------------------
Glen Burnie............................. 24-003-1003 10.5
Padonia................................. 24-005-1007 9.9
Essex................................... 24-005-3001 10.6
Edgewood................................ 24-025-1001 9.3
Baltimore............................... 24-510-0006 9.9
Baltimore............................... 24-510-0007 9.5
Baltimore............................... 24-510-0008 10.8
------------------------------------------------------------------------
Additional information about the monitoring network and air quality
data can be found in the Technical Support Document (TSD) for this
action which is available online at www.regulations.gov, Docket number
EPA-R03-OAR-2011-0819.
IV. What is the effect of these actions?
If EPA's proposed clean data determination based on the most recent
three years of quality-assured data and data available to date for
2011, is made final, the requirements for the Baltimore Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and any other planning SIPs related to attainment of the 1997
annual PM2.5 NAAQS would be suspended for so long as the
Baltimore Area continues to attain the 1997 annual PM2.5
NAAQS. See, 40 CFR 51.1004(c). Notably, as described below, any such
determination would not be equivalent to the redesignation of the
Baltimore Area to attainment for the 1997 annual PM2.5
NAAQS. If this proposed determination is finalized and EPA subsequently
determines, after notice-and-comment rulemaking in the Federal
Register, that the Area has violated the 1997 annual PM2.5
NAAQS, the basis for the suspension of the specific requirements would
no longer exist for the Baltimore Area, and the Area would thereafter
have to address the applicable requirements. See, 40 CFR 51.1004(c).
Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of the CAA. Further,
finalizing this proposed action does not involve approving a
maintenance plan for the Area as required under section 175A of the
CAA, nor would it find that the Area has met all other requirements for
redesignation. Even if EPA finalizes the proposed action, the
designation status of the Baltimore Area would remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as EPA
determines that the Area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the Baltimore Area.
In addition, if EPA's separate and independent proposed
determination that the Area has attained the 1997 annual
PM2.5 standard by its 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
Area's air quality data as of the attainment date whether the Area
attained the standard by that date.
These two actions described above are proposed determinations
regarding the Baltimore Area's 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 also withdrawing its previously
proposed clean data determination (74 FR 38161) for the 1997 annual
PM2.5 standard since the previous action was never finalized
and more current data is now available. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
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);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule to find that the Baltimore Area
attained the annual 1997 PM2.5 standard and attained the
standard by its attainment date does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 15, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-30300 Filed 11-22-11; 8:45 am]
BILLING CODE 6560-50-P
