Proposed Approval of Air Quality Implementation Plan; Michigan; Determination of Attainment of the 1997 Annual and 2006 24-Hour Fine Particle Standards for the Detroit-Ann Arbor Nonattainment Area, 39659-39662 [2012-16438]
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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0467; FRL–9697–1]
Proposed Approval of Air Quality
Implementation Plan; Michigan;
Determination of Attainment of the
1997 Annual and 2006 24-Hour Fine
Particle Standards for the Detroit-Ann
Arbor Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make
three determinations under the Clean
Air Act (CAA) regarding the fine
particle (PM2.5) nonattainment area of
Detroit-Ann Arbor, Michigan
(Livingston, Macomb, Monroe, Oakland,
St. Clair, Washtenaw, and Wayne
Counties) (Detroit-Ann Arbor area). EPA
is proposing to determine that the
Detroit-Ann Arbor area has attained
both the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
and the 2006 24-hour PM2.5 NAAQS.
These proposed determinations of
attainment are based upon complete,
quality-assured, and certified ambient
air monitoring data for 2009–2011
showing that the area has monitored
attainment of the 1997 annual and 2006
24-hour PM2.5 NAAQS. Preliminary data
available for 2012 indicate that the area
continues in attainment of the 1997
annual and the 2006 24-hour PM2.5
NAAQS. If these proposed
determinations are made final, the
requirements for the Detroit-Ann Arbor
area to submit an attainment
demonstration, associated reasonably
available control measures (RACM) to
include reasonably available control
technology (RACT), a reasonable further
progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 annual
and the 2006 24-hour PM2.5 NAAQS
shall be suspended for so long as the
area continues to attain the respective
PM2.5 NAAQS. EPA is also proposing to
determine, based on complete, qualityassured and certified monitoring data
for the 2007–2010 monitoring period,
that the Detroit-Ann Arbor area had
attained the 1997 annual PM2.5 NAAQS
by the applicable attainment date of
April 5, 2010.
DATES: Comments must be received on
or before August 6, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0467, by one of the
following methods:
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1. www.regulations.gov: Follow the
online instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0467. 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 docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
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39659
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Carolyn
Persoon, Environmental Engineer, at
(312) 353–8290, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@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 is EPA proposing?
II. What is the background of these actions?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What is EPA proposing?
In accordance with 40 CFR
51.1004(c), EPA is proposing to
determine that Detroit-Ann Arbor
Michigan has attained both the 1997
annual and the 2006 24-hour PM2.5
NAAQS. These proposed
determinations are based upon
complete, quality-assured, and certified
ambient air monitoring data for the
2009–2011 monitoring period that show
the area has monitored attainment of
both PM2.5 NAAQS. Preliminary
quality-assured data available for 2012
are consistent with continued
attainment. In accordance with 40 CFR
51.1004(c), if EPA finalizes these
determinations, it will suspend the
Detroit-Ann Arbor area’s obligation to
submit attainment related requirements
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.
Pursuant to section 179(c) of the CAA,
EPA is also proposing to determine that,
based on air quality monitoring data for
2007–2010, the Detroit-Ann Arbor area
attained the 1997 annual PM2.5 NAAQS
by its applicable attainment date of
April 5, 2010.
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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 three-year average of
annual mean PM2.5 concentrations. At
that time, EPA also established a 24hour PM2.5 standard of 65 mg/m3. On
January 5, 2005 (70 FR 944), EPA
published its air quality designations
and classifications for the 1997 PM2.5
NAAQS based upon air quality
monitoring data for calendar years
2001–2003. These designations became
effective on April 5, 2005. The DetroitAnn Arbor area was designated
nonattainment for the 1997 PM2.5
NAAQS.
On October 17, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS at 15.0 mg/m3 based on a threeyear average of annual mean PM2.5
concentrations, and promulgated a 24hour PM2.5 standard of 35 mg/m3 based
on a three-year average of the 98th
percentile of 24-hour concentrations. On
November 13, 2009 (74 FR 58688), EPA
published its air quality designations
and classifications for the 2006 24-hour
PM2.5 NAAQS based upon air quality
monitoring data for calendar years
2006–2008. These designations became
effective on December 14, 2009. The
Detroit-Ann Arbor area was designated
nonattainment for the 2006 24-hour
PM2.5 NAAQS.
In response to legal challenges to the
annual standards promulgated in 2006,
the U.S. Court of Appeals for the District
of Columbia Circuit (DC Circuit)
remanded these standards to EPA for
further consideration. See American
Farm Bureau Federation and National
Pork Producers Council, et al. v. EPA,
559 F.3d 512 (DC Cir. 2009). However,
given that the 1997 and 2006 annual
standards are essentially identical,
attainment of the 1997 annual standards
would also indicate attainment of the
remanded 2006 annual standards.
On April 25, 2007 (72 FR 20664), EPA
promulgated its PM2.5 implementation
rule, codified at 40 CFR part 51, subpart
Z, in which the Agency provided
guidance for state and tribal plans to
implement the 1997 p.m.2.5 standards.
This rule, at 40 CFR 51.1004(c),
specifies some of the regulatory
consequences of attaining the standards,
as discussed later.
III. What is EPA’s analysis of the
relevant air quality data?
Today’s proposed determinations
assess whether the Detroit-Ann Arbor
area has attained the 1997 annual and
the 2006 24-hour PM2.5 standards, based
on the most recent three years of
complete, certified and quality-assured
data, and whether the Detroit-Ann
Arbor area attained the 1997 annual
PM2.5 NAAQS by the applicable
attainment date of April 5, 2010, based
on monitored data from 2007–2010.
Under EPA’s regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentration,
as determined in accordance with
40 CFR part 50, appendix N, is less than
or equal to 15.0 mg/m3 at all relevant
monitoring sites in the area. Under EPA
regulations in 40 CFR 50.13 and in
accordance with 40 CFR part 50,
Appendix N, the 24-hour primary and
secondary PM2.5 standards are met when
the 98th percentile 24-hour
concentration is less than or equal to
35 mg/m3.
EPA has reviewed the ambient air
quality monitoring data in the DetroitAnn Arbor area, consistent with the
requirements contained at 40 CFR part
50. EPA’s review focused on data
recorded in the EPA Air Quality System
(AQS) database, for the Detroit-Ann
Arbor area for PM2.5 nonattainment area
from 2007 to 2011. EPA also considered
preliminary data for 2012, which has
not been certified.
The Detroit-Ann Arbor area has
fourteen monitors located in Macomb,
Monroe, Oakland, St. Clair, Washtenaw,
and Wayne Counties that reported
design values from 2009–2011, the most
recent three years of data, for PM2.5 that
ranged from 9.0 to 11.6 mg/m3 for the
1997 annual standard, and 24 to 32 mg/
m3 for the 2006 24-hour standard, as
shown in Table 1 and Table 2.
All monitors in the Detroit-Ann Arbor
area recorded complete data in
accordance with criteria set forth by
EPA in 40 CFR part 50, appendix N,
where a complete year of air quality
data comprises four calendar quarters,
with each quarter containing data from
at least 75 percent capture of the
scheduled sampling days. Available
data are considered to be sufficient for
comparison to the NAAQS if three
consecutive complete years of data
exist.
TABLE 1—THE 1997 ANNUAL PM2.5 DESIGN VALUES FOR DETROIT-ANN ARBOR AREA MONITORS WITH COMPLETE DATA
FOR THE 2007–2009, 2008–2010, AND 2009–2011 DESIGN VALUES IN μG/M3
Annual standard
design value
2007–2009
(μg/m3)
Monitor
Macomb .................................................
Monroe ...................................................
Oakland ..................................................
St. Clair ..................................................
Washtenaw ............................................
Wayne ....................................................
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County
New Haven 260990009 ........................
Luna Pier 261150005 ............................
Oak Park 261250001 ............................
Port Huron 261470005 ..........................
Ypsilanti 261610008 ..............................
Allen Park 261630001 ...........................
Dearborn 261630033 ............................
E 7 Mile 261630019 ..............................
FIA 261630039 ......................................
Linwood 261630016 ..............................
Livonia 261630025 ................................
Newberry 261630038 ............................
SW HS 261630015 ...............................
Wyandotte 261630036 ..........................
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Annual standard
design value
2008–2010
(μg/m3)
10.7
11.6
11.4
11.1
11.3
11.9
14.1
11.6
12.3
12.1
11.2
12.0
12.8
11.6
E:\FR\FM\05JYP1.SGM
9.7
10.3
10.0
9.9
10.0
11.0
12.3
10.6
11.0
10.7
10.0
10.7
11.5
10.2
05JYP1
Annual standard
design value
2009–2011
(μg/m3)
9.0
9.9
9.4
9.3
9.6
10.5
11.6
9.9
10.4
10.1
9.5
10.3
10.9
9.6
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39661
TABLE 2—THE 24-HOUR PM2.5 DESIGN VALUES FOR DETROIT-ANN ARBOR AREA MONITORS WITH COMPLETE DATA FOR
THE 2008–2010 AND THE 2009–2011 DESIGN VALUES IN μG/M3
24-Hour standard
design value
2008–2010
(μg/m3)
County
Monitor
Macomb ..................................................................
Monroe ....................................................................
Oakland ...................................................................
St. Clair ...................................................................
Washtenaw .............................................................
Wayne .....................................................................
27
26
29
28
27
29
32
30
30
30
28
29
31
26
25
24
27
26
25
27
32
27
28
28
26
27
28
24
New Haven 260990009 .........................................
Luna Pier 261150005 .............................................
Oak Park 261250001 .............................................
Port Huron 261470005 ...........................................
Ypsilanti 261610008 ...............................................
Allen Park 261630001 ............................................
Dearborn 261630033 .............................................
E 7 Mile 261630019 ...............................................
FIA 261630039 .......................................................
Linwood 261630016 ...............................................
Livonia 261630025 .................................................
Newberry 261630038 .............................................
SW HS 261630015 ................................................
Wyandotte 261630036 ...........................................
EPA’s review of monitoring data from
the 2007–2009, 2008–2010, and 2009–
2011 monitoring periods supports EPA’s
determinations that the Detroit-Ann
Arbor PM2.5 nonattainment area has: (1)
Monitored attainment of the PM2.5
NAAQS for such period and (2) attained
the PM2.5 NAAQS by the attainment
date of April 5, 2010 for the 1997
standard. Additionally, the preliminary
monitoring data for 2012 are consistent
with the area’s continued attainment.
IV. What are the effects of these
actions?
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24-Hour standard
design value
2009–2011
(μg/m3
If EPA’s proposed determinations of
attainment for the 1997 annual and 2006
24-hour PM2.5 standard, based on the
most recent three years of complete,
quality-assured and certified data, are
made final, under the provisions of the
PM2.5 Implementation Rule (40 CFR
51.1004(c)) the requirements for the
Detroit-Ann Arbor PM2.5 nonattainment
area to submit an attainment
demonstration, RACM (including
RACT), an RFP plan, contingency
measures, and other planning SIP
revisions related to attainment of the
1997 annual and the 2006 24-hour PM2.5
NAAQS shall be suspended for each for
so long as the Detroit-Ann Arbor area
continues to attain the respective PM2.5
NAAQS.
These proposed determinations of
attainment for the Detroit-Ann Arbor
PM2.5 nonattainment area would, if
finalized: (1) Suspend the obligation for
Michigan to submit the requirements
listed above; (2) continue for each
NAAQS until such time, if any, that
EPA subsequently determines that any
monitor in the area has violated that
PM2.5 NAAQS; and (3) be separate from
any future designation determination or
requirements for the Detroit-Ann Arbor
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PM2.5 nonattainment area based on any
future PM2.5 NAAQS revision.
If these rulemakings are finalized and
EPA subsequently determines, after
notice-and-comment rulemaking in the
Federal Register, that the Detroit-Ann
Arbor area has violated the 1997 annual
or 2006 24-hour PM2.5 NAAQS, the basis
for the suspension of the specific
requirements for that NAAQS, set forth
at 40 CFR 51.1004(c), would no longer
exist, and the State of Michigan would
thereafter have to address the pertinent
requirements.
The actions proposed above are
limited to determinations that the air
quality data show that the Detroit-Ann
Arbor PM2.5 nonattainment area has
monitored attainment of the 1997
annual and the 2006 24-hour PM2.5
NAAQS, and does not result in a
redesignation of the Detroit-Ann Arbor
PM2.5 nonattainment area to attainment
for either the 1997 annual or the 2006
24-hour PM2.5 NAAQS.
These proposed actions, if finalized,
would not constitute a redesignation to
attainment under section 107(d)(3) of
the CAA because EPA is not proposing
to take action pursuant to CAA section
107(d)(3) and the statutory prerequisites
set forth in CAA section 107(d)(3) have
not yet been met. For example, EPA has
not yet approved a maintenance plan for
the area as required under CAA section
175A, nor proposed a determination
that the Detroit-Ann Arbor PM2.5
nonattainment area has met the other
requirements for redesignation under
the CAA.
The designation status of the DetroitAnn Arbor PM2.5 nonattainment area
will remain nonattainment for the 1997
annual and 2006 24-hour PM2.5 NAAQS
until such time as EPA takes final
rulemaking action to determine that
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such an area meets the CAA
requirements for redesignation to
attainment.
Pursuant to section 179(c) of the CAA,
EPA is also proposing to determine that
the Detroit-Ann Arbor area attained the
1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010. If this proposed determination is
finalized, EPA will have met its
requirement pursuant to section
179(c)(1) of the CAA to make a
determination based on the Detroit-Ann
Arbor area’s air quality data, whether
the area attained the 1997 annual PM2.5
NAAQS by its attainment date.
EPA is soliciting comment on the
issues discussed in this document. EPA
will consider these comments before
taking final action. Please note that if
EPA receives adverse comment on any
of the proposed determinations
described above and if that
determination may be severed from the
remainder of the final agency actions,
EPA may adopt as final those provisions
of the proposed agency action that are
not the subject of an adverse comment.
V. Statutory and Executive Order
Reviews
This action proposes to make
attainment determinations based on air
quality data and would, if finalized,
result in the suspension of certain
Federal requirements and/or 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
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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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, these proposed PM2.5
NAAQS attainment determinations do
not have Tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the State, and
EPA notes that it will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Particulate matter,
Reporting and record-keeping
requirements.
Dated: June 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–16438 Filed 7–3–12; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 173, and 178
[Docket No. PHMSA–2011–0143 (HM–253)]
RIN 2137–AE81
Hazardous Materials; Reverse
Logistics (RRR)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Advance notice of proposed
rulemaking (ANPRM).
AGENCY:
PHMSA is publishing this
ANPRM to identify ways to reduce the
regulatory burden for persons who ship
consumer products containing
hazardous materials in the ‘‘reverse
logistics’’ supply chain. Reverse
logistics is the process that is initiated
when a consumer product goes
backwards in the distribution chain. It
may be initiated by the consumer, the
retailer, or anyone else in the chain.
Therefore, the process may involve
consumers, retailers, manufacturers, and
even disposal facilities. Following this
ANPRM, PHMSA anticipates publishing
an NPRM that will propose to simplify
the regulations for reverse logistics
shipments and provide avenue means
for regulatory compliance that
maintains transportation safety. This
action is part of DOT’s retrospective
plan under EO 13563 completed in
August 2011 DOT’s plan is available at:
https://www.dot.gov/open/docs/dotfinal-rrr-plan-08-23-2011.pdf. To fully
engage the broad spectrum of
stakeholders affected by reverse
logistics, this ANPRM solicits comments
and input on several questions in the
context of reverse logistics. Any
comments, data, and information
received will be used to evaluate and
shape the proposals in the NPRM.
DATES: Comments must be received by
October 3, 2012.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–2011–0143 (HM–253) by any of
the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System,
U.S. Department of Transportation,
Dockets Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUMMARY:
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• Hand Delivery: U.S. Department of
Transportation To Docket Operations,
M–30, Ground Floor, Room W12–140 in
the West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number (PHMSA–2011–0143) or RIN
(RIN 2137–AE81) for this notice at the
beginning of the comment. Note that all
comments received will be posted
without change to the docket
management system, including any
personal information provided. If sent
by mail, comments must be submitted
in duplicated. Persons wishing to
receive confirmation of receipt of their
comments must include a self-addressed
stamped postcard.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 [45 FR
19477] or you may visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews, Office of Hazardous
Materials Standards, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION:
I. Background
In general, ‘‘reverse logistics’’ pertains
to the safe return of goods from the
marketplace to the original vendor,
manufacturer, or supplier. Reverse
logistics of hazardous materials affects
many industries including high-tech,
retail, medical, pharmaceutical,
automotive, and aerospace. In effect,
reverse logistics is the supply chain in
reverse. PHMSA is publishing this
ANPRM to identify possible ways to
reduce the regulatory burden on retail
outlets that ship consumer products
containing hazardous materials in the
‘‘reverse logistics’’ supply chain.
PHMSA is looking to evaluate the
shipment of ‘‘reverse logistics’’ by
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]]>Agencies
[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Proposed Rules]
[Pages 39659-39662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16438]
[[Page 39659]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0467; FRL-9697-1]
Proposed Approval of Air Quality Implementation Plan; Michigan;
Determination of Attainment of the 1997 Annual and 2006 24-Hour Fine
Particle Standards for the Detroit-Ann Arbor Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to make three determinations under the Clean
Air Act (CAA) regarding the fine particle (PM2.5)
nonattainment area of Detroit-Ann Arbor, Michigan (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) (Detroit-Ann
Arbor area). EPA is proposing to determine that the Detroit-Ann Arbor
area has attained both the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) and the 2006 24-hour
PM2.5 NAAQS. These proposed determinations of attainment are
based upon complete, quality-assured, and certified ambient air
monitoring data for 2009-2011 showing that the area has monitored
attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS.
Preliminary data available for 2012 indicate that the area continues in
attainment of the 1997 annual and the 2006 24-hour PM2.5
NAAQS. If these proposed determinations are made final, the
requirements for the Detroit-Ann Arbor area to submit an attainment
demonstration, associated reasonably available control measures (RACM)
to include reasonably available control technology (RACT), a reasonable
further progress (RFP) plan, contingency measures, and other planning
State Implementation Plan (SIP) revisions related to attainment of the
1997 annual and the 2006 24-hour PM2.5 NAAQS shall be
suspended for so long as the area continues to attain the respective
PM2.5 NAAQS. EPA is also proposing to determine, based on
complete, quality-assured and certified monitoring data for the 2007-
2010 monitoring period, that the Detroit-Ann Arbor area had attained
the 1997 annual PM2.5 NAAQS by the applicable attainment
date of April 5, 2010.
DATES: Comments must be received on or before August 6, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0467, by one of the following methods:
1. www.regulations.gov: Follow the online instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0467. 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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Carolyn Persoon, Environmental
Engineer, at (312) 353-8290, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@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 is EPA proposing?
II. What is the background of these actions?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of these actions?
V. Statutory and Executive Order Reviews
I. What is EPA proposing?
In accordance with 40 CFR 51.1004(c), EPA is proposing to determine
that Detroit-Ann Arbor Michigan has attained both the 1997 annual and
the 2006 24-hour PM2.5 NAAQS. These proposed determinations
are based upon complete, quality-assured, and certified ambient air
monitoring data for the 2009-2011 monitoring period that show the area
has monitored attainment of both PM2.5 NAAQS. Preliminary
quality-assured data available for 2012 are consistent with continued
attainment. In accordance with 40 CFR 51.1004(c), if EPA finalizes
these determinations, it will suspend the Detroit-Ann Arbor area's
obligation to submit attainment related requirements for the 1997
annual and 2006 24-hour PM2.5 NAAQS.
Pursuant to section 179(c) of the CAA, EPA is also proposing to
determine that, based on air quality monitoring data for 2007-2010, the
Detroit-Ann Arbor area attained the 1997 annual PM2.5 NAAQS
by its applicable attainment date of April 5, 2010.
[[Page 39660]]
II. What is the background for these actions?
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a three-year average of annual mean PM2.5
concentrations. At that time, EPA also established a 24-hour
PM2.5 standard of 65 [mu]g/m\3\. On January 5, 2005 (70 FR
944), EPA published its air quality designations and classifications
for the 1997 PM2.5 NAAQS based upon air quality monitoring
data for calendar years 2001-2003. These designations became effective
on April 5, 2005. The Detroit-Ann Arbor area was designated
nonattainment for the 1997 PM2.5 NAAQS.
On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a three-year average
of annual mean PM2.5 concentrations, and promulgated a 24-
hour PM2.5 standard of 35 [mu]g/m\3\ based on a three-year
average of the 98th percentile of 24-hour concentrations. On November
13, 2009 (74 FR 58688), EPA published its air quality designations and
classifications for the 2006 24-hour PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2006-2008. These
designations became effective on December 14, 2009. The Detroit-Ann
Arbor area was designated nonattainment for the 2006 24-hour
PM2.5 NAAQS.
In response to legal challenges to the annual standards promulgated
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit
(DC Circuit) remanded these standards to EPA for further consideration.
See American Farm Bureau Federation and National Pork Producers
Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given
that the 1997 and 2006 annual standards are essentially identical,
attainment of the 1997 annual standards would also indicate attainment
of the remanded 2006 annual standards.
On April 25, 2007 (72 FR 20664), EPA promulgated its
PM2.5 implementation rule, codified at 40 CFR part 51,
subpart Z, in which the Agency provided guidance for state and tribal
plans to implement the 1997 p.m.2.5 standards. This rule, at
40 CFR 51.1004(c), specifies some of the regulatory consequences of
attaining the standards, as discussed later.
III. What is EPA's analysis of the relevant air quality data?
Today's proposed determinations assess whether the Detroit-Ann
Arbor area has attained the 1997 annual and the 2006 24-hour
PM2.5 standards, based on the most recent three years of
complete, certified and quality-assured data, and whether the Detroit-
Ann Arbor area attained the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5, 2010, based on monitored data
from 2007-2010.
Under EPA's regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
appendix N, is less than or equal to 15.0 [mu]g/m\3\ at all relevant
monitoring sites in the area. Under EPA regulations in 40 CFR 50.13 and
in accordance with 40 CFR part 50, Appendix N, the 24-hour primary and
secondary PM2.5 standards are met when the 98th percentile
24-hour concentration is less than or equal to 35 [mu]g/m\3\.
EPA has reviewed the ambient air quality monitoring data in the
Detroit-Ann Arbor area, consistent with the requirements contained at
40 CFR part 50. EPA's review focused on data recorded in the EPA Air
Quality System (AQS) database, for the Detroit-Ann Arbor area for
PM2.5 nonattainment area from 2007 to 2011. EPA also
considered preliminary data for 2012, which has not been certified.
The Detroit-Ann Arbor area has fourteen monitors located in Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties that reported
design values from 2009-2011, the most recent three years of data, for
PM2.5 that ranged from 9.0 to 11.6 [mu]g/m\3\ for the 1997
annual standard, and 24 to 32 [mu]g/m\3\ for the 2006 24-hour standard,
as shown in Table 1 and Table 2.
All monitors in the Detroit-Ann Arbor area recorded complete data
in accordance with criteria set forth by EPA in 40 CFR part 50,
appendix N, where a complete year of air quality data comprises four
calendar quarters, with each quarter containing data from at least 75
percent capture of the scheduled sampling days. Available data are
considered to be sufficient for comparison to the NAAQS if three
consecutive complete years of data exist.
Table 1--The 1997 Annual PM2.5 Design Values for Detroit-Ann Arbor Area Monitors With Complete Data for the 2007-
2009, 2008-2010, and 2009-2011 Design Values in [mu]g/m\3\
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Annual standard Annual standard Annual standard
design value design value design value
County Monitor 2007-2009 ([mu]g/ 2008-2010 ([mu]g/ 2009-2011 ([mu]g/
m\3\) m\3\) m\3\)
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Macomb........................... New Haven 260990009. 10.7 9.7 9.0
Monroe........................... Luna Pier 261150005. 11.6 10.3 9.9
Oakland.......................... Oak Park 261250001.. 11.4 10.0 9.4
St. Clair........................ Port Huron 261470005 11.1 9.9 9.3
Washtenaw........................ Ypsilanti 261610008. 11.3 10.0 9.6
Wayne............................ Allen Park 261630001 11.9 11.0 10.5
Dearborn 261630033.. 14.1 12.3 11.6
E 7 Mile 261630019.. 11.6 10.6 9.9
FIA 261630039....... 12.3 11.0 10.4
Linwood 261630016... 12.1 10.7 10.1
Livonia 261630025... 11.2 10.0 9.5
Newberry 261630038.. 12.0 10.7 10.3
SW HS 261630015..... 12.8 11.5 10.9
Wyandotte 261630036. 11.6 10.2 9.6
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[[Page 39661]]
Table 2--The 24-hour PM2.5 Design Values for Detroit-Ann Arbor Area Monitors With Complete Data for the 2008-
2010 and the 2009-2011 Design Values in [mu]g/m\3\
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24-Hour standard 24-Hour standard
design value design value
County Monitor 2008-2010 ([mu]g/ 2009-2011 ([mu]g/
m\3\) m\3\
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Macomb..................................... New Haven 260990009.......... 27 25
Monroe..................................... Luna Pier 261150005.......... 26 24
Oakland.................................... Oak Park 261250001........... 29 27
St. Clair.................................. Port Huron 261470005......... 28 26
Washtenaw.................................. Ypsilanti 261610008.......... 27 25
Wayne...................................... Allen Park 261630001......... 29 27
Dearborn 261630033........... 32 32
E 7 Mile 261630019........... 30 27
FIA 261630039................ 30 28
Linwood 261630016............ 30 28
Livonia 261630025............ 28 26
Newberry 261630038........... 29 27
SW HS 261630015.............. 31 28
Wyandotte 261630036.......... 26 24
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EPA's review of monitoring data from the 2007-2009, 2008-2010, and
2009-2011 monitoring periods supports EPA's determinations that the
Detroit-Ann Arbor PM2.5 nonattainment area has: (1)
Monitored attainment of the PM2.5 NAAQS for such period and
(2) attained the PM2.5 NAAQS by the attainment date of April
5, 2010 for the 1997 standard. Additionally, the preliminary monitoring
data for 2012 are consistent with the area's continued attainment.
IV. What are the effects of these actions?
If EPA's proposed determinations of attainment for the 1997 annual
and 2006 24-hour PM2.5 standard, based on the most recent
three years of complete, quality-assured and certified data, are made
final, under the provisions of the PM2.5 Implementation Rule
(40 CFR 51.1004(c)) the requirements for the Detroit-Ann Arbor
PM2.5 nonattainment area to submit an attainment
demonstration, RACM (including RACT), an RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
1997 annual and the 2006 24-hour PM2.5 NAAQS shall be
suspended for each for so long as the Detroit-Ann Arbor area continues
to attain the respective PM2.5 NAAQS.
These proposed determinations of attainment for the Detroit-Ann
Arbor PM2.5 nonattainment area would, if finalized: (1)
Suspend the obligation for Michigan to submit the requirements listed
above; (2) continue for each NAAQS until such time, if any, that EPA
subsequently determines that any monitor in the area has violated that
PM2.5 NAAQS; and (3) be separate from any future designation
determination or requirements for the Detroit-Ann Arbor
PM2.5 nonattainment area based on any future
PM2.5 NAAQS revision.
If these rulemakings are finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
Detroit-Ann Arbor area has violated the 1997 annual or 2006 24-hour
PM2.5 NAAQS, the basis for the suspension of the specific
requirements for that NAAQS, set forth at 40 CFR 51.1004(c), would no
longer exist, and the State of Michigan would thereafter have to
address the pertinent requirements.
The actions proposed above are limited to determinations that the
air quality data show that the Detroit-Ann Arbor PM2.5
nonattainment area has monitored attainment of the 1997 annual and the
2006 24-hour PM2.5 NAAQS, and does not result in a
redesignation of the Detroit-Ann Arbor PM2.5 nonattainment
area to attainment for either the 1997 annual or the 2006 24-hour
PM2.5 NAAQS.
These proposed actions, if finalized, would not constitute a
redesignation to attainment under section 107(d)(3) of the CAA because
EPA is not proposing to take action pursuant to CAA section 107(d)(3)
and the statutory prerequisites set forth in CAA section 107(d)(3) have
not yet been met. For example, EPA has not yet approved a maintenance
plan for the area as required under CAA section 175A, nor proposed a
determination that the Detroit-Ann Arbor PM2.5 nonattainment
area has met the other requirements for redesignation under the CAA.
The designation status of the Detroit-Ann Arbor PM2.5
nonattainment area will remain nonattainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS until such time as EPA takes final
rulemaking action to determine that such an area meets the CAA
requirements for redesignation to attainment.
Pursuant to section 179(c) of the CAA, EPA is also proposing to
determine that the Detroit-Ann Arbor area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. If this proposed determination is finalized, EPA will have met
its requirement pursuant to section 179(c)(1) of the CAA to make a
determination based on the Detroit-Ann Arbor area's air quality data,
whether the area attained the 1997 annual PM2.5 NAAQS by its
attainment date.
EPA is soliciting comment on the issues discussed in this document.
EPA will consider these comments before taking final action. Please
note that if EPA receives adverse comment on any of the proposed
determinations described above and if that determination may be severed
from the remainder of the final agency actions, EPA may adopt as final
those provisions of the proposed agency action that are not the subject
of an adverse comment.
V. Statutory and Executive Order Reviews
This action proposes to make attainment determinations based on air
quality data and would, if finalized, result in the suspension of
certain Federal requirements and/or 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
[[Page 39662]]
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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, these proposed PM2.5 NAAQS attainment
determinations do not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and record-keeping requirements.
Dated: June 26, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-16438 Filed 7-3-12; 8:45 am]
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