2010-14215. Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Alabama: Birmingham; Determination of Attaining Data for the 2006 24-Hour Fine Particulate Matter Standard

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

SUMMARY:

EPA is proposing to determine that the Birmingham, Alabama, nonattainment area for the 2006 24-hour fine particulate matter (PM_2.5) National Ambient Air Quality Standard (NAAQS) has attained the 2006 24-hour PM_2.5 NAAQS. This proposed determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2007-2009 showing that this area has monitored attainment of the 2006 24-hour PM_2.5 NAAQS. If this proposed determination is made final, the requirement for the State of Alabama to submit an attainment demonstration and associated reasonably available control measures (RACM), reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the 2006 24-hour PM_2.5 standard for the Birmingham, Alabama, PM_2.5 nonattainment area, shall be suspended for as long as this area continues to meet the 2006 24-hour PM_2.5 NAAQS.

DATES:

Written comments must be received on or before July 14, 2010.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R04-OAR-2010-0203 by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting comments.

2. E-mail: [e-mail].

3. Fax: [phone].

4. Mail: “EPA-R04-OAR-2010-0203,” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.

5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-2010-0203. 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 through http://www.regulations.gov or by e-mail information that you consider to be CBI or otherwise protected. The http://www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov,, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/​epahome/​dockets.htm.

Docket: All documents in the electronic docket are listed in the http://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 at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT:

Joel Huey, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be reached by phone at [phone] or via electronic mail at [e-mail].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

II. What is the effect of this action?

III. What is the background for this action?

IV. What is EPA's analysis of the relevant air quality data?

V. Proposed Action

VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

EPA is proposing to determine that the Birmingham, Alabama, PM_2.5 nonattainment area has attained the 2006 24-hour PM_2.5 NAAQS. This proposed determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2007-2009 showing that the area has monitored attainment of the 2006 24-hour PM_2.5 NAAQS.

II. What is the effect of this action?

As further discussed below, under the provisions of EPA's PM_2.5 implementation rule (see 40 CFR 51.1004(c)), a final determination for the Birmingham, Alabama, PM_2.5 nonattainment area would: (1) Suspend the requirement for the State of Alabama to submit an attainment demonstration and associated RACM (including reasonably available control technologies), RFP plan, contingency measures, and any other planning SIPs related to attainment of the 2006 24-hour PM_2.5 NAAQS; and (2) continue until such time, if any, that EPA subsequently determines that the area has violated the 2006 24-hour PM_2.5 NAAQS. Such a determination would also be separate from, and not influence or otherwise affect, any future designation determination or requirements for the Birmingham, Alabama, area. Furthermore, as described below, any such final determination would not be equivalent to the redesignation of the area to attainment for the 2006 24-hour PM_2.5 NAAQS.

If this rulemaking is finalized and EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register, that the area has violated the 2006 24-hour PM_2.5 NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.1004(c), would no longer exist and the area would thereafter have to address pertinent requirements.

The determination that EPA proposes with this Federal Register notice, if finalized, would not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA). This is because EPA would not yet have an approved maintenance plan for the area as required under section 175A of the CAA, nor would EPA have determined that the area has met the other requirements for redesignation. The designation status of the area would remain nonattainment for the 2006 24-hour PM_2.5 NAAQS until such time as EPA determines that the area meets the CAA requirements for redesignation to attainment.

This proposed action, if finalized, is limited to a determination that the Birmingham, Alabama, PM_2.5 nonattainment area has attained the 2006 24-hour PM_2.5 NAAQS. The 2006 24-hour PM_2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), is set forth at 40 CFR 50.13. This proposed determination, and any final determination, will have no effect on any designation determination that EPA may make for the Birmingham, Alabama, area based on any future PM_2.5 NAAQS. Conversely, any future designation determination of the Birmingham, Alabama, area will not have any effect on the determination proposed by this notice. In addition, this proposed determination, and any final determination, will have no effect on the status of the Birmingham, Alabama, nonattainment area for the 1997 annual PM_2.5 standard.

If this proposed determination is made final and the Birmingham, Alabama, area continues to monitor attainment with the 2006 24-hour PM_2.5 NAAQS, the requirement for the State of Alabama to submit for the Birmingham, Alabama, PM_2.5 nonattainment area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 2006 24-hour PM_2.5 NAAQS will remain suspended regardless of whether EPA designates this area as a nonattainment area for purposes of any future PM_2.5 NAAQS.

III. What is the background for this action?

On October 17, 2006 (71 FR 61144), EPA revised the level of the health-based 24-hour PM_2.5 NAAQS to 35 micrograms per cubic meter (μg/m³) based on a 3-year average of the 98th percentile of 24-hour concentrations. EPA also retained the 1997 annual PM_2.5 standard at 15 μg/m³ based on a 3-year average of annual mean PM_2.5 concentrations, but with tighter constraints on the spatial averaging criteria. EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposure to particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d)(1) of the CAA. EPA and state air quality agencies initiated the monitoring process for the PM_2.5 NAAQS in 1999 and began operating all air quality monitors by January 2001. On November 13, 2009, EPA published its air quality designations and classifications for the 2006 24-hour PM_2.5 NAAQS based upon air quality monitoring data from those monitors for calendar years 2006-2008 (74 FR 58688). Those designations became effective on December 14, 2009. The Birmingham, Alabama, area, comprising Jefferson County, Shelby County, and a portion of Walker County, was designated nonattainment for the 2006 24-hour PM_2.5 NAAQS (see 40 CFR part 81). On February 24, 2010, the State of Alabama submitted a letter to EPA requesting that the Agency make a determination that the Birmingham, Alabama, PM_2.5 nonattainment area has attained the 2006 24-hour PM_2.5 NAAQS based on data for the period 2007 through 2009.

IV. What is EPA's analysis of the relevant air quality data?

EPA has reviewed the ambient air monitoring data for PM_2.5, consistent with the requirements contained in 40 CFR part 50, as recorded in the EPA Air Quality System (AQS) database for the Birmingham, Alabama, 2006 24-hour PM_2.5 nonattainment area. All data considered have been recorded in the AQS data base, certified as meeting quality assurance requirements, and determined to have met data completeness requirements. On the basis of that review, EPA has concluded that this area attained the 2006 24-hour PM_2.5 NAAQS during the 2007-2009 monitoring period. Under EPA regulations at 40 CFR 50.7:

The 24-hour primary and secondary PM_2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with appendix N of this part, is less than or equal to 35 μg/m³.

The following table shows the design values (the metrics calculated in accordance with 40 CFR part 50, appendix N, for determining compliance with the NAAQS) for the 2006 24-hour PM_2.5 NAAQS for the Birmingham, Alabama, nonattainment area monitors for the years 2007-2009.

24-Hour PM_2.5 Design Values for Monitors in the Birmingham, Alabama, Nonattainment Area

Location	AQS site ID	2007 98th percentile	2008 98th percentile	2009 98th percentile	2007-2009 design value
North Birmingham	01-073-0023	42.8	33.5	24.4	34
McAdory	01-073-1005	30.9	25.8	21.3	26
Bruce Shaw Road	01-073-1009	31.4	27.3	22.1	27
Asheville Road	01-073-1010	33.0	24.6	19.1	26
Wylam	01-073-2003	37.7	33.5	25.2	32
Hoover	01-073-2006	29.8	25.9	20.4	25
Pinson High School	01-073-5002	34.2	26.4	21.3	27
Corner School Road	01-073-5003	32.5	30.0	21.3	28
Pelham High School	01-117-0006	30.9	24.8	21.2	26
Highland Avenue	01-127-0002	30.9	24.3	22.1	26

Because the 2007-2009 design value at each monitor in the Birmingham 2006 24-hour PM_2.5 nonattainment area is less than the 2006 24-hour PM_2.5 NAAQS of 35 μg/m³, EPA is proposing to determine that the area has monitored attainment for this NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

V. Proposed Action

EPA is proposing to determine that the Birmingham, Alabama, nonattainment area for the 2006 24-hour PM_2.5 NAAQS has attained the 2006 24-hour PM_2.5 NAAQS based on 2007-2009 monitoring data. As provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it will suspend the requirements for the State of Alabama to submit for this area an attainment demonstration and associated RACM, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 2006 24-hour PM_2.5 NAAQS as long as the area continues to attain the 2006 24-hour PM_2.5 NAAQS.

VI. Statutory and Executive Order Reviews

This action proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal 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, 2006);
• 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 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
• Incorporation by reference
• Intergovernmental relations
• Particulate matter
• Reporting and recordkeeping requirements

Authority: 42 U.S.C. 7401 et seq.

Dated: June 2, 2010.

Beverly H. Banister,

Acting Regional Administrator, Region 4.