Air Plan Approval; Michigan; Clean Data Determination for the Detroit Area for the 2015 Ozone Standard, 7382-7384 [2023-02284]
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules
Dated: January 30, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023–02289 Filed 2–2–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2023–0058; FRL–10634–
01–R5]
Air Plan Approval; Michigan; Clean
Data Determination for the Detroit Area
for the 2015 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
under the Clean Air Act (CAA) that the
Detroit, Michigan nonattainment area
(hereafter also referred to, respectively,
as the ‘‘Detroit area’’ or ‘‘area’’) has
attained the 2015 ozone National
Ambient Air Quality Standards
(NAAQS or standard). This
determination is based upon complete,
quality-assured, and certified ambient
air monitoring data for the 2020–2022
design period showing that the area
achieved attainment of the 2015 ozone
NAAQS. EPA also proposes to take final
agency action on an exceptional events
request submitted by the Michigan
Department of Environment, Great
Lakes, and Energy (EGLE) on January
26, 2023, and concurred on by EPA on
January 30, 2023. As a result of these
determinations, EPA is proposing to
suspend the requirements for the area to
submit attainment demonstrations and
associated Reasonably Available Control
Measures (RACM), Reasonable Further
Progress (RFP) plans, contingency
measures for failure to attain or make
reasonable progress, and other planning
State Implementation Plans (SIPs)
related to attainment of the 2015 ozone
NAAQS, for as long as the area
continues to attain the 2015 ozone
NAAQS. This action does not constitute
a redesignation of the area to attainment
of the 2015 ozone NAAQS, and the area
remains designated nonattainment until
such time as EPA determines that the
area meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the area.
DATES: Comments must be received on
or before March 6, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0058 at https://
www.regulations.gov, or via email to
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
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arra.sarah@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov. The EPA Region 5
office is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays and facility closures
due to COVID–19.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
EPA has determined that ground-level
ozone is detrimental to human health.
On October 1, 2015, EPA promulgated a
revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). See 80 FR
65292 (October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all of
the ozone monitoring sites in the area.
See 40 CFR 50.19 and appendix U to 40
CFR part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
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the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent three years of quality-assured
ozone monitoring data. On August 3,
2018, EPA designated the Detroit area,
consisting of Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw,
and Wayne Counties, as a Marginal
nonattainment area for the 2015 ozone
NAAQS (83 FR 25776). On January 26,
2023, the Regional Administrator of
EPA Region 5 signed a final rulemaking
determining, based on 2018–2020
monitoring data, that the Detroit area
had failed to attain by its Marginal
attainment date of August 3, 2021, and
reclassifying the area to Moderate.1
II. Exceptional Events Demonstration
Congress has recognized that it may
not be appropriate for EPA to use
certain monitoring data collected by the
ambient air quality monitoring network
and maintained in EPA’s Air Quality
System (AQS) database in certain
regulatory determinations. Thus, in
2005, Congress provided the statutory
authority for the exclusion of data
influenced by ‘‘exceptional events’’
meeting specific criteria by adding
section 319(b) to the CAA.2
To implement this 2005 CAA
amendment, on March 22, 2007, EPA
promulgated the 2007 Exceptional
Events Rule (72 FR 13560). The 2007
Exceptional Events Rule created a
regulatory process codified at 40 CFR
parts 50 and 51 (§§ 50.1, 50.14, and
51.930). These regulatory sections,
which superseded EPA’s previous
guidance on handling data influenced
by events, contain definitions,
procedural requirements, requirements
for air agency demonstrations, criteria
for EPA’s approval of the exclusion of
1 EPA previously proposed to approve a January
3, 2022, request by EGLE to redesignate the Detroit
area to attainment of the 2015 ozone NAAQS based
on 2019–2021 monitoring data showing attainment
of the 2015 ozone NAAQS (87 FR 14210). EPA’s
proposed approval was published on March 14,
2022, and the comment period closed on April 27,
2022. In this proposed action, EPA is not taking
further action to finalize the proposed
redesignation. EPA will respond to comments
received during the comment period for the
proposed redesignation should EPA take final
action on EGLE’s January 3, 2022, request.
2 Under CAA section 319(b), an exceptional event
means an event that (i) affects air quality; (ii) is not
reasonably controllable or preventable; (iii) is an
event caused by human activity that is unlikely to
recur at a particular location or a natural event; and
(iv) is determined by EPA under the process
established in regulations promulgated by EPA in
accordance with section 319(b)(2) to be an
exceptional event. For the purposes of section
319(b), an exceptional event does not include (i)
stagnation of air masses or meteorological
inversions; (ii) a meteorological event involving
high temperatures or lack of precipitation; or (iii)
air pollution relating to source noncompliance.
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules
event-affected air quality data from the
data set used for regulatory decisions,
and requirements for air agencies to take
appropriate and reasonable actions to
protect public health from exceedances
or violations of the NAAQS. On October
3, 2016, EPA promulgated a
comprehensive revision to the 2007
Exceptional Events Rule (81 FR 68216).
The 2016 Exceptional Events Rule
revision included the requirement that,
if a state demonstrates that emissions
from a wildfire smoke event caused a
specific air pollution concentration in
excess of the NAAQS at a particular air
quality monitoring location and
otherwise satisfies the requirements of
40 CFR 50.14, EPA must exclude that
data from use in determinations of
exceedances and violations.3
The CAA provides for the exclusion
of air quality monitoring data from
design value calculations when there
are NAAQS exceedances caused by
events, such as wildfires, that meet the
criteria for an exceptional event
identified in EPA’s Exceptional Events
Rule at 40 CFR 50.1, 50.14, and 51.930.
For the purposes of this proposed
action, on January 26, 2023, EGLE
submitted an exceptional events
demonstration to show that ozone
concentrations recorded at the Wayne
County monitor at East 7 Mile with Site
ID 26–163–0019 on June 24 and 25,
2022, were influenced by wildfires. EPA
concurred on this request on January 30,
2023.
EPA found that Michigan’s
demonstration met the Exceptional
Events Rule criteria and determined that
these wildfire events had regulatory
significance for purposes of calculating
the area’s most recent design value to
demonstrate the area is attaining the
standard in order to make a clean data
determination for the 2015 ozone
NAAQS. As such, EPA proposes to take
final regulatory action on the concurred
dates, as detailed in the docket, as
exceptional events to be removed from
the data set used for regulatory
purposes. For this proposed action, EPA
will rely on the calculated values that
exclude the event-influenced data for
the purpose of demonstrating
attainment of the 2015 ozone NAAQS.
Further details on Michigan’s analyses
and EPA’s concurrence can be found in
the docket for this regulatory action.
While EPA has concurred with
Michigan’s request to exclude eventinfluenced air quality monitoring data
from regulatory decisions, these
regulatory actions require EPA to
provide an opportunity for public
comment on the claimed exceptional
events and all supporting data prior to
EPA taking final agency action. This
proposed action provides the public
with an opportunity to comment on the
claimed exceptional events, all
supporting documents and EPA’s
concurrence with Michigan’s request.
III. Clean Data Determination
Following enactment of the CAA
Amendments of 1990, EPA discussed its
interpretation of the requirements for
implementing the NAAQS in the
General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 (General
Preamble), 57 FR 13498, 13564 (April
16, 1992). On November 29, 1995, EPA
set forth what has become known as its
‘‘Clean Data Policy’’ for the 1-hour
ozone NAAQS (70 FR 71612). Under the
Clean Data Policy, for a nonattainment
area that can demonstrate attainment of
the standard before implementing CAA
nonattainment measures, EPA interprets
the requirements of the CAA that are
specifically designed to help an area
achieve attainment, such as the
requirements for such area to submit
attainment demonstrations and
associated RACM, RFP plans,
contingency measures for failure to
attain or make reasonable progress, and
other planning SIPs related to
attainment of the ozone NAAQS, to be
suspended for as long as air quality
7383
continues to meet the standard. Such a
determination of attainment under the
Clean Data Policy is known informally
as a clean data determination. On
December 6, 2018, in the final rule
updating implementing regulations for
the 2015 ozone NAAQS, EPA codified
this policy at 40 CFR 51.1318 (83 FR
62998).
An area is attaining the 2015 ozone
NAAQS if it meets the 2015 ozone
NAAQS based on three complete,
consecutive calendar years of qualityassured air quality data for all
monitoring sites in the area. To attain
the 2015 ozone NAAQS, the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.070
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in AQS. Ambient air quality
monitoring data for the 3-year period
must also meet data completeness
requirements. An ozone design value is
valid if daily maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
monitoring seasons,4 on average, for the
3-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the 3-year period. See section 4 of
appendix U to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from EGLE’s
monitoring sites in the Detroit area for
the 2020–2022 period. These data have
been quality assured, are recorded in the
AQS, and were certified in advance of
EPA’s publication of this proposal.
These data demonstrate that the Detroit
area is attaining the 2015 ozone
NAAQS. The annual fourth-highest 8hour ozone concentrations and the 3year average of these concentrations
(monitoring site ozone design values)
for all monitoring sites are summarized
in Table 1.
TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE DETROIT AREA
County
lotter on DSK11XQN23PROD with PROPOSALS1
Macomb ...............................................................................
Oakland ................................................................................
St. Clair ................................................................................
Washtenaw ..........................................................................
Wayne ..................................................................................
3 40
CFR 50.14(b)(4).
VerDate Sep<11>2014
17:17 Feb 02, 2023
2020
4th high
(ppm)
Monitor
26–099–0009
26–099–1003
26–125–0001
26–147–0005
26–161–0008
26–161–9991
26–163–0001
0.074
0.070
0.074
0.069
0.072
0.067
0.070
4 The ozone season is defined by state in 40 CFR
part 58, appendix D. The ozone season for Michigan
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2021
4th high
(ppm)
0.068
0.067
0.068
0.072
0.066
0.063
0.069
2022
4th high
(ppm)
0.066
0.068
0.065
0.066
0.067
0.066
0.071
2020–2022
average
(ppm)
0.069
0.068
0.069
0.069
0.068
0.065
0.070
is March–October. See 80 FR 65292, 65466–67
(October 26, 2015).
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Proposed Rules
TABLE 1—ANNUAL FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH-HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE DETROIT AREA—Continued
County
2020
4th high
(ppm)
Monitor
26–163–0019
lotter on DSK11XQN23PROD with PROPOSALS1
The Detroit area’s 3-year ozone design
value for 2020–2022 is 0.070 ppm,5
which meets the 2015 ozone NAAQS.
Therefore, in this action, EPA proposes
to find that the Detroit area is attaining
the 2015 ozone NAAQS.
EPA will not take final action to
determine that the Detroit area is
attaining the NAAQS if the design value
of a monitoring site in the area violates
the NAAQS prior to final approval of
the clean data determination.
Should this action be finalized, the
requirements for EGLE to submit
attainment demonstrations and
associated RACM, RFP plans,
contingency measures for failure to
attain or make reasonable progress, and
other planning SIPs related to
attainment of the 2015 ozone NAAQS
for the proposed Detroit area, would be
suspended for as long as the area
continues to attain the 2015 ozone
NAAQS. 40 CFR 51.1318. This action
does not constitute a redesignation of
the area to attainment of the 2015 ozone
NAAQS under section 107(d)(3)(E) of
the CAA, nor does it constitute approval
of a maintenance plan for the area as
required under section 175A of the
CAA, nor does it find that the area has
met all other requirements for
redesignation. The Detroit area will
remain designated nonattainment for
the 2015 ozone NAAQS until such time
as EPA determines that the area meets
CAA requirements for redesignation to
attainment and takes a separate action to
redesignate the area.
IV. What action is EPA taking?
EPA is proposing to approve a
determination under the CAA that the
Detroit area has attained the 2015 ozone
NAAQS. This determination is based
upon complete, quality-assured, and
certified ambient air monitoring data for
the 2020–2022 design period showing
that the area achieved attainment of the
2015 ozone NAAQS. EPA is also
proposing to take final agency action on
an exceptional events request submitted
by EGLE on January 26, 2023, and
concurred on by EPA on January 30,
2023. As a result of these
determinations, EPA is proposing to
5 The monitor ozone design value for the monitor
with the highest 3-year averaged concentration.
VerDate Sep<11>2014
17:17 Feb 02, 2023
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0.073
suspend the requirements for the area to
submit attainment demonstrations and
associated RACM, RFP plans,
contingency measures for failure to
attain or make reasonable progress, and
other planning SIPs related to
attainment of the 2015 ozone NAAQS,
for as long as the area continues to
attain the 2015 ozone NAAQS.
V. Statutory and Executive Order
Reviews
This action proposes to make a clean
data determination for the Detroit area
for the 2015 ozone NAAQS based on air
quality data which would result in the
suspension of certain Federal
requirements and does not impose any
additional requirements. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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Fmt 4702
Sfmt 4702
2021
4th high
(ppm)
2022
4th high
(ppm)
0.069
2020–2022
average
(ppm)
0.067
0.069
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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.
Dated: January 30, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023–02284 Filed 2–2–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0214; FRL–9407–01–
R6]
Air Plan Approval; Oklahoma;
Revisions to Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve revisions to the
State Implementation Plan (SIP) for
Oklahoma submitted by the State of
Oklahoma on February 9, 2021. The
submitted revisions address Open
Burning, Control of Emission of Volatile
Organic Compounds (VOC), and
Specialty Coatings VOC Content Limits.
DATES: Written comments must be
received on or before March 6, 2023.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Proposed Rules]
[Pages 7382-7384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02284]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2023-0058; FRL-10634-01-R5]
Air Plan Approval; Michigan; Clean Data Determination for the
Detroit Area for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine under the Clean Air Act (CAA) that the Detroit, Michigan
nonattainment area (hereafter also referred to, respectively, as the
``Detroit area'' or ``area'') has attained the 2015 ozone National
Ambient Air Quality Standards (NAAQS or standard). This determination
is based upon complete, quality-assured, and certified ambient air
monitoring data for the 2020-2022 design period showing that the area
achieved attainment of the 2015 ozone NAAQS. EPA also proposes to take
final agency action on an exceptional events request submitted by the
Michigan Department of Environment, Great Lakes, and Energy (EGLE) on
January 26, 2023, and concurred on by EPA on January 30, 2023. As a
result of these determinations, EPA is proposing to suspend the
requirements for the area to submit attainment demonstrations and
associated Reasonably Available Control Measures (RACM), Reasonable
Further Progress (RFP) plans, contingency measures for failure to
attain or make reasonable progress, and other planning State
Implementation Plans (SIPs) related to attainment of the 2015 ozone
NAAQS, for as long as the area continues to attain the 2015 ozone
NAAQS. This action does not constitute a redesignation of the area to
attainment of the 2015 ozone NAAQS, and the area remains designated
nonattainment until such time as EPA determines that the area meets the
CAA requirements for redesignation to attainment and takes action to
redesignate the area.
DATES: Comments must be received on or before March 6, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0058 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-4489,
[email protected]. The EPA Region 5 office is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
EPA has determined that ground-level ozone is detrimental to human
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26,
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS
is attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent three years of
quality-assured ozone monitoring data. On August 3, 2018, EPA
designated the Detroit area, consisting of Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties, as a Marginal
nonattainment area for the 2015 ozone NAAQS (83 FR 25776). On January
26, 2023, the Regional Administrator of EPA Region 5 signed a final
rulemaking determining, based on 2018-2020 monitoring data, that the
Detroit area had failed to attain by its Marginal attainment date of
August 3, 2021, and reclassifying the area to Moderate.\1\
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\1\ EPA previously proposed to approve a January 3, 2022,
request by EGLE to redesignate the Detroit area to attainment of the
2015 ozone NAAQS based on 2019-2021 monitoring data showing
attainment of the 2015 ozone NAAQS (87 FR 14210). EPA's proposed
approval was published on March 14, 2022, and the comment period
closed on April 27, 2022. In this proposed action, EPA is not taking
further action to finalize the proposed redesignation. EPA will
respond to comments received during the comment period for the
proposed redesignation should EPA take final action on EGLE's
January 3, 2022, request.
---------------------------------------------------------------------------
II. Exceptional Events Demonstration
Congress has recognized that it may not be appropriate for EPA to
use certain monitoring data collected by the ambient air quality
monitoring network and maintained in EPA's Air Quality System (AQS)
database in certain regulatory determinations. Thus, in 2005, Congress
provided the statutory authority for the exclusion of data influenced
by ``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA.\2\
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\2\ Under CAA section 319(b), an exceptional event means an
event that (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by EPA under the process
established in regulations promulgated by EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include (i) stagnation
of air masses or meteorological inversions; (ii) a meteorological
event involving high temperatures or lack of precipitation; or (iii)
air pollution relating to source noncompliance.
---------------------------------------------------------------------------
To implement this 2005 CAA amendment, on March 22, 2007, EPA
promulgated the 2007 Exceptional Events Rule (72 FR 13560). The 2007
Exceptional Events Rule created a regulatory process codified at 40 CFR
parts 50 and 51 (Sec. Sec. 50.1, 50.14, and 51.930). These regulatory
sections, which superseded EPA's previous guidance on handling data
influenced by events, contain definitions, procedural requirements,
requirements for air agency demonstrations, criteria for EPA's approval
of the exclusion of
[[Page 7383]]
event-affected air quality data from the data set used for regulatory
decisions, and requirements for air agencies to take appropriate and
reasonable actions to protect public health from exceedances or
violations of the NAAQS. On October 3, 2016, EPA promulgated a
comprehensive revision to the 2007 Exceptional Events Rule (81 FR
68216). The 2016 Exceptional Events Rule revision included the
requirement that, if a state demonstrates that emissions from a
wildfire smoke event caused a specific air pollution concentration in
excess of the NAAQS at a particular air quality monitoring location and
otherwise satisfies the requirements of 40 CFR 50.14, EPA must exclude
that data from use in determinations of exceedances and violations.\3\
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\3\ 40 CFR 50.14(b)(4).
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The CAA provides for the exclusion of air quality monitoring data
from design value calculations when there are NAAQS exceedances caused
by events, such as wildfires, that meet the criteria for an exceptional
event identified in EPA's Exceptional Events Rule at 40 CFR 50.1,
50.14, and 51.930. For the purposes of this proposed action, on January
26, 2023, EGLE submitted an exceptional events demonstration to show
that ozone concentrations recorded at the Wayne County monitor at East
7 Mile with Site ID 26-163-0019 on June 24 and 25, 2022, were
influenced by wildfires. EPA concurred on this request on January 30,
2023.
EPA found that Michigan's demonstration met the Exceptional Events
Rule criteria and determined that these wildfire events had regulatory
significance for purposes of calculating the area's most recent design
value to demonstrate the area is attaining the standard in order to
make a clean data determination for the 2015 ozone NAAQS. As such, EPA
proposes to take final regulatory action on the concurred dates, as
detailed in the docket, as exceptional events to be removed from the
data set used for regulatory purposes. For this proposed action, EPA
will rely on the calculated values that exclude the event-influenced
data for the purpose of demonstrating attainment of the 2015 ozone
NAAQS. Further details on Michigan's analyses and EPA's concurrence can
be found in the docket for this regulatory action.
While EPA has concurred with Michigan's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these
regulatory actions require EPA to provide an opportunity for public
comment on the claimed exceptional events and all supporting data prior
to EPA taking final agency action. This proposed action provides the
public with an opportunity to comment on the claimed exceptional
events, all supporting documents and EPA's concurrence with Michigan's
request.
III. Clean Data Determination
Following enactment of the CAA Amendments of 1990, EPA discussed
its interpretation of the requirements for implementing the NAAQS in
the General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (General Preamble), 57 FR 13498, 13564 (April 16,
1992). On November 29, 1995, EPA set forth what has become known as its
``Clean Data Policy'' for the 1-hour ozone NAAQS (70 FR 71612). Under
the Clean Data Policy, for a nonattainment area that can demonstrate
attainment of the standard before implementing CAA nonattainment
measures, EPA interprets the requirements of the CAA that are
specifically designed to help an area achieve attainment, such as the
requirements for such area to submit attainment demonstrations and
associated RACM, RFP plans, contingency measures for failure to attain
or make reasonable progress, and other planning SIPs related to
attainment of the ozone NAAQS, to be suspended for as long as air
quality continues to meet the standard. Such a determination of
attainment under the Clean Data Policy is known informally as a clean
data determination. On December 6, 2018, in the final rule updating
implementing regulations for the 2015 ozone NAAQS, EPA codified this
policy at 40 CFR 51.1318 (83 FR 62998).
An area is attaining the 2015 ozone NAAQS if it meets the 2015
ozone NAAQS based on three complete, consecutive calendar years of
quality-assured air quality data for all monitoring sites in the area.
To attain the 2015 ozone NAAQS, the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations (ozone
design values) at each monitor must not exceed 0.070 ppm. The air
quality data must be collected and quality-assured in accordance with
40 CFR part 58 and recorded in AQS. Ambient air quality monitoring data
for the 3-year period must also meet data completeness requirements. An
ozone design value is valid if daily maximum 8-hour average
concentrations are available for at least 90% of the days within the
ozone monitoring seasons,\4\ on average, for the 3-year period, with a
minimum data completeness of 75% during the ozone monitoring season of
any year during the 3-year period. See section 4 of appendix U to 40
CFR part 50.
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\4\ The ozone season is defined by state in 40 CFR part 58,
appendix D. The ozone season for Michigan is March-October. See 80
FR 65292, 65466-67 (October 26, 2015).
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EPA has reviewed the available ozone monitoring data from EGLE's
monitoring sites in the Detroit area for the 2020-2022 period. These
data have been quality assured, are recorded in the AQS, and were
certified in advance of EPA's publication of this proposal. These data
demonstrate that the Detroit area is attaining the 2015 ozone NAAQS.
The annual fourth-highest 8-hour ozone concentrations and the 3-year
average of these concentrations (monitoring site ozone design values)
for all monitoring sites are summarized in Table 1.
Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth-
Highest Daily Maximum 8-Hour Ozone Concentrations for the Detroit Area
----------------------------------------------------------------------------------------------------------------
2020 4th high 2021 4th high 2022 4th high 2020-2022
County Monitor (ppm) (ppm) (ppm) average (ppm)
----------------------------------------------------------------------------------------------------------------
Macomb.......................... 26-099-0009 0.074 0.068 0.066 0.069
26-099-1003 0.070 0.067 0.068 0.068
Oakland......................... 26-125-0001 0.074 0.068 0.065 0.069
St. Clair....................... 26-147-0005 0.069 0.072 0.066 0.069
Washtenaw....................... 26-161-0008 0.072 0.066 0.067 0.068
26-161-9991 0.067 0.063 0.066 0.065
Wayne........................... 26-163-0001 0.070 0.069 0.071 0.070
[[Page 7384]]
26-163-0019 0.073 0.069 0.067 0.069
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The Detroit area's 3-year ozone design value for 2020-2022 is 0.070
ppm,\5\ which meets the 2015 ozone NAAQS. Therefore, in this action,
EPA proposes to find that the Detroit area is attaining the 2015 ozone
NAAQS.
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\5\ The monitor ozone design value for the monitor with the
highest 3-year averaged concentration.
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EPA will not take final action to determine that the Detroit area
is attaining the NAAQS if the design value of a monitoring site in the
area violates the NAAQS prior to final approval of the clean data
determination.
Should this action be finalized, the requirements for EGLE to
submit attainment demonstrations and associated RACM, RFP plans,
contingency measures for failure to attain or make reasonable progress,
and other planning SIPs related to attainment of the 2015 ozone NAAQS
for the proposed Detroit area, would be suspended for as long as the
area continues to attain the 2015 ozone NAAQS. 40 CFR 51.1318. This
action does not constitute a redesignation of the area to attainment of
the 2015 ozone NAAQS under section 107(d)(3)(E) of the CAA, nor does it
constitute approval of a maintenance plan for the area as required
under section 175A of the CAA, nor does it find that the area has met
all other requirements for redesignation. The Detroit area will remain
designated nonattainment for the 2015 ozone NAAQS until such time as
EPA determines that the area meets CAA requirements for redesignation
to attainment and takes a separate action to redesignate the area.
IV. What action is EPA taking?
EPA is proposing to approve a determination under the CAA that the
Detroit area has attained the 2015 ozone NAAQS. This determination is
based upon complete, quality-assured, and certified ambient air
monitoring data for the 2020-2022 design period showing that the area
achieved attainment of the 2015 ozone NAAQS. EPA is also proposing to
take final agency action on an exceptional events request submitted by
EGLE on January 26, 2023, and concurred on by EPA on January 30, 2023.
As a result of these determinations, EPA is proposing to suspend the
requirements for the area to submit attainment demonstrations and
associated RACM, RFP plans, contingency measures for failure to attain
or make reasonable progress, and other planning SIPs related to
attainment of the 2015 ozone NAAQS, for as long as the area continues
to attain the 2015 ozone NAAQS.
V. Statutory and Executive Order Reviews
This action proposes to make a clean data determination for the
Detroit area for the 2015 ozone NAAQS based on air quality data which
would result in the suspension of certain Federal requirements and does
not impose any additional requirements. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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.
Dated: January 30, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-02284 Filed 2-2-23; 8:45 am]
BILLING CODE 6560-50-P
