[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Proposed Rules]
[Pages 12302-12305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR part 52

[EPA-R05-OAR-2010-0034; FRL-9276-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Missouri; Saint Louis Nonattainment Area; Determination of 
Attainment of the Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Saint Louis PM<INF>2.5</INF> nonattainment area in 
Illinois and Missouri has attained the 1997 annual fine particle 
(PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS). This 
proposed determination of attainment is based upon complete, quality 
assured, quality controlled, and certified ambient air monitoring data, 
from the 2007-2009 monitoring period, which show that the Saint Louis 
area has monitored attainment of the 1997 annual PM<INF>2.5</INF> 
NAAQS. EPA also evaluated incomplete data from this period from other 
monitors in the area, as well as preliminary data available to date for 
2010. EPA believes these data support the determination that the area 
has attained the 1997 annual PM<INF>2.5</INF> NAAQS. If this proposed 
determination is made final, the requirements for this area to submit 
an attainment demonstration, associated reasonably available control 
measures (RACM) to include reasonably available control technology 
(RACT), a reasonable further progress plan, contingency measures, and 
other planning State Implementation Plans (SIPs) revisions related to 
attainment of the 1997 annual PM<INF>2.5</INF> NAAQS shall be suspended 
for so long as the area continues to attain the 1997 annual 
PM<INF>2.5</INF> NAAQS.
    EPA's determination that this area has attained the 1997 annual 
PM<INF>2.5</INF> NAAQS is not equivalent to redesignating the area to 
attainment. This action does not constitute a redesignation to 
attainment under section 107(d)(3) of the Clean Air Act (CAA) because 
the States of Missouri and Illinois have not yet submitted, and EPA has 
not yet approved, a maintenance plan for the area as required under 
that section and section 175A of the Act, nor has EPA promulgated a 
determination that the area has met other requirements for 
redesignation. The designation status of the area will remain 
nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS until such 
time as EPA determines that this area meets the CAA requirements for 
redesignation to attainment.

DATES: Comments must be received on or before April 6, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0034, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#b6d7d4c3c4d7d8d998d2d9c3d1dad7c5f6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="1a7b786f687b7475347e756f7d767b695a7f6a7b347d756c">[email protected]</span></a>.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, 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-
2010-0034. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless

[[Page 12303]]

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 http://www.regulations.gov or e-mail. 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 e-mail comment 
directly to EPA without going through 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 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    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 Matt Rau, Environmental Engineer, at 
(312) 886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Control Strategies Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, <a href="/cdn-cgi/l/email-protection#403221356e2d213434282537002530216e272f36"><span class="__cf_email__" data-cfemail="f2809387dc9f9386869a9785b2978293dc959d84">[email protected]</span></a>. You may also 
contact Tracey Casburn, Air Planning and Development Branch, 
Environmental Protection Agency, Region 7, 901 North Fifth Street, 
Kansas City, Kansas 66101, (913) 551-7016, <a href="/cdn-cgi/l/email-protection#2f4c4e5c4d5a5d41015b5d4e4c4a566f4a5f4e01484059"><span class="__cf_email__" data-cfemail="ccafadbfaeb9bea2e2b8beadafa9b58ca9bcade2aba3ba">[email protected]</span></a>.

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 action is EPA proposing?
II. What is the background of this action?
III. What is EPA's analysis of the relevant air quality data?
IV. What are the effects of this action?
V. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    The EPA is proposing to determine that the Saint Louis 
PM<INF>2.5</INF> nonattainment area in the States of Missouri and 
Illinois has attained the 1997 annual PM<INF>2.5</INF> NAAQS. The 
proposed determination is based upon complete, quality assured, quality 
controlled, and certified ambient air monitoring data from the 2007-
2009 monitoring period which show that the Saint Louis area has 
monitored attainment of the 1997 annual PM<INF>2.5</INF> NAAQS. 
Additional data from area monitors with incomplete data for this period 
(due for example to monitor closure) and also uncertified data 
available to date for 2010 support this determination.

II. What is the background for this action?

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM<INF>2.5</INF> NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM<INF>2.5</INF> 
concentrations, and a 24-hour standard of 65 [mu]g/m\3\ based on a 3-
year average of the 98th percentile of 24-hour concentrations.
    EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposures 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, 42 U.S.C. 7406(d)(1). EPA 
and State air quality agencies generally initiated the monitoring 
process for the 1997 PM<INF>2.5</INF> NAAQS in 1999, and implemented a 
full network of air quality monitors by January 2001.
    On January 5, 2005, in the Federal Register (70 FR 944), EPA 
published its air quality designations and classifications for the 1997 
PM<INF>2.5</INF> NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. EPA designated 39 areas as 
nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS including the 
bi-state Saint Louis area (see 40 CFR part 81). These designations 
became effective on April 5, 2005. The Missouri portion of the Saint 
Louis PM<INF>2.5</INF> nonattainment area includes the counties of 
Franklin, Jefferson, Saint Charles, Saint Louis, and the City of Saint 
Louis. The Illinois portion of the Saint Louis PM<INF>2.5</INF> 
nonattainment area includes the counties of Madison, Monroe, Randolph 
(Baldwin Township only) and Saint Clair. See 40 CFR 81.314 (Illinois) 
and 40 CFR 81.326 (Missouri).
    In 2006, after thorough review of the 1997 PM standards, EPA 
retained the 1997 PM<INF>2.5</INF> NAAQS at 15.0 [mu]g/m\3\ based on a 
3-year average of annual mean PM<INF>2.5</INF> concentrations, and 
promulgated a 24-hour standard of 35 [mu]g/m\3\ based on a 3-year 
average of the 98th percentile of 24-hour concentrations (the 2006 24-
hour standard). On November 13, 2009, EPA designated the Saint Louis 
area as attaining the 2006 24-hour standard (74 FR 58688). In that 
action, EPA also clarified the designations for the NAAQS promulgated 
in 1997, stating that the Saint Louis area remained designated 
nonattainment for the 1997 annual PM<INF>2.5</INF> standard, but was 
attainment for the 1997 24-hour standard. Thus today's action does not 
address attainment of either the 1997 or the 2006 24-hour standards.
    In response to legal challenges of the annual standard promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) remanded this standard to EPA for further consideration. 
See American Farm Bureau Federation and National Pork Producers 
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). EPA notes, 
however, that since the 1997 and 2006 annual standards are essentially 
identical, attainment of the 1997 annual standard would also indicate 
attainment of the remanded 2006 annual standard.
    On April 25, 2007 (72 FR 20664), the EPA promulgated its 
PM<INF>2.5</INF> implementation rule, codified at 40 CFR part 51, 
subpart Z, in which the EPA provided guidance for state and tribal 
plans to implement the 1997 annual PM<INF>2.5</INF> NAAQS. This rule, 
at 40 CFR 51.1004(c), establishes certain regulatory consequences of a 
determination of attainment of the standard.

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

    Today's rulemaking assesses whether the Saint Louis area is 
attaining the 1997 annual PM<INF>2.5</INF> standard. Under EPA's 
regulations at 40 CFR 50.7, the annual primary and secondary 
PM<INF>2.5</INF> standards are met when the annual arithmetic mean 
concentration, as

[[Page 12304]]

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.
    The EPA has reviewed the ambient air quality monitoring data in the 
Saint Louis area for PM<INF>2.5</INF>, 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 Saint Louis 
PM<INF>2.5</INF> nonattainment area from 2007 to 2009, and 
supplementally considered data recorded before and after that period.
    Table 1 shows the 2007 to 2009 design values (i.e., the 3-year 
average of annual mean PM<INF>2.5</INF> concentrations) for the 1997 
annual PM<INF>2.5</INF> NAAQs for the Saint Louis PM<INF>2.5</INF> 
nonattainment area monitors with complete data for that period. All 
data values are expressed in micrograms per meter cubed.

      Table 1--Annual PM2.5 Design Values for Saint Louis Area Monitors With Complete Data for 2007 to 2009
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                                                                        Monitoring site    Annual design value
            State                  County              Monitor                name              2007-2009
----------------------------------------------------------------------------------------------------------------
IL..........................  Madison........              17-119-1007  23rd and                            14.1
                                                                         Madison.
                                                           17-119-2009  1700 Annex St..                     12.5
                                                           17-119-3007  54 N. Walcott..                     12.5
                              Randolph.......              17-157-0001  ...............                     11.4
                              Saint Clair....              17-163-0010  13th and Tudor.                     13.3
                                                           17-163-4001  1500 Caseyville                     12.5
                                                                         Ave.
MO..........................  City of Saint                29-510-0007  Broadway.......                     12.8
                               Louis.
                                                           29-510-0085  Blair Street...                     12.7
----------------------------------------------------------------------------------------------------------------

    As Table 1 shows, there were eight monitoring sites with complete 
data for 2007 to 2009. Data are considered to be sufficient for 
comparison to the NAAQS if three consecutive complete years of data 
exist. A complete year of air quality data comprises four calendar 
quarters, with each quarter containing data from at least 75% of the 
scheduled sampling days. These eight monitoring sites with complete 
data provide an adequate basis for EPA to determine whether the area 
has attained the NAAQS. See 40 CFR part 58, Appendix D for network 
design criteria.
    The EPA concludes that the Saint Louis area has attained the 1997 
annual PM<INF>2.5</INF> NAAQS based on its evaluation of complete 
quality assured data from the relevant monitoring sites for the 2007-
2009 monitoring period.
    Incomplete data from additional monitoring sites in the area also 
support EPA's determination that area attains the 1997 annual 
PM<INF>2.5</INF> NAAQS. A number of additional monitors have recorded 
data that are not considered as complete for the three-year 2007-2009 
monitoring period. Pertinent data from these sites are shown in Table 
2. As shown in this table, although several of these sites shut down 
recently, the most recent three years of complete data at all of these 
sites showed the area to be attaining the standard, a conclusion that 
is supported by the data that are available, though not complete for 
2007 to 2009. Table 2 includes sites that started operation only 
recently; these sites did not have a complete set of data for 2007-
2009, but the available data from that period add support to the 
conclusion that the area is attaining the standard.

                              Table 2--PM2.5 Design Values for Saint Louis Area Sites With Incomplete Data in 2007 to 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                  Most recent complete
                                                                                            Average                                   design value
                State                           County                   Monitor          value 2007-     Years of operation   -------------------------
                                                                                              2009                                 Value        Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
IL...................................  Madison.................              17-119-0024         13.6  7/07-present...........         None  ...........
MO...................................  Jefferson...............              29-099-0012         12.9  1/99-2/08..............         13.9    2005-2007
                                                                             29-099-0019         11.1  3/08-present...........         None  ...........
MO...................................  Saint Charles...........              29-183-1002         12.7  1/99-2/08..............         13.3    2005-2007
MO...................................  Saint Louis.............              29-189-0015         12.6  9/08-3/09..............         12.2    2006-2008
                                                                             29-189-2003         12.1  1/98-6/09..............         12.3    2006-2008
                                                                             29-189-3001         11.1  7/09-present...........         None  ...........
                                       Saint Louis City........              29-510-0086         13.1  1/99-6/07..............         13.3    2004-2006
                                                                             29-510-0087         12.8  11/99-4/09.............         13.6    2006-2008
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Data handling conventions and computations necessary for 
determining whether areas have met the PM<INF>2.5</INF> NAAQS, 
including requirements for data completeness, are listed in Appendix N 
of 40 CFR part 50. The use of less than complete data is subject to the 
approval of the EPA, which may consider factors such as monitoring site 
closures/moves, monitoring diligence and nearby concentrations in 
determining whether to use such data as set forth at 40 CFR part 50, 
Appendix N section 4.1(c). The monitors listed in Table 2 do not have 
complete data for the 2007-2009 monitoring period. However, the 
historical certified data recorded at the monitors that were 
discontinued during this period and recent certified data recorded at 
monitors that started operation during the period provide additional 
support for EPA's proposed determination that the Saint Louis area has 
attained the 1997 annual PM<INF>2.5</INF> NAAQS. EPA is also approving 
the use of these data for consideration in this determination because 
it finds that Missouri and Illinois have exercised diligence in 
monitoring in the Saint Louis area, and have worked cooperatively with 
EPA in evaluating and seeking approval for monitor closures and moves. 
A discussion of each of the monitors with incomplete data for the 2007-
2009 period is available in a technical support document, which is part 
of the docket of this proposed rulemaking.

[[Page 12305]]

    The EPA also has considered additional monitoring data for 2010 
that have been submitted by the states and are in EPA's AQS. Data for 
the entire 2010 calendar year are not yet certified, so EPA cannot 
consider these data yet as it evaluates the annual average 
concentrations. Nevertheless, EPA examined 2010 data available to date 
as an indication of whether the area continues to attain the standard. 
EPA believes that these data support the determination that the Saint 
Louis area continues to attain the PM<INF>2.5</INF> annual NAAQS.
    The EPA's review of these data (monitoring data from the 2007-2009 
monitoring period and preliminary 2010 data available to date) supports 
EPA's determination that the Saint Louis PM<INF>2.5</INF> nonattainment 
area has met and continues to meet the 1997 annual PM<INF>2.5</INF> 
NAAQS. EPA is soliciting comment on the issues discussed in this 
document. These comments will be considered before EPA takes final 
action.

IV. What are the effects of this action?

    If this proposed determination is made final, under the provisions 
of the PM<INF>2.5</INF> Implementation Rule (40 CFR 51.1004(c)) the 
requirements for the Saint Louis PM<INF>2.5</INF> nonattainment area to 
submit attainment demonstration, RACM (including RACT), a reasonable 
further progress plan, contingency measures, and other planning SIPs 
revisions related to attainment of the 1997 annual PM<INF>2.5</INF> 
NAAQS shall be suspended for so long as the area continues to attain 
the 1997 annual PM<INF>2.5</INF> NAAQS.
    As discussed further, the proposed determination of attainment for 
the Saint Louis PM<INF>2.5</INF> nonattainment area would, if 
finalized: (1) Suspend the States' obligation for Missouri and Illinois 
to submit the requirements listed above; (2) continue such suspension 
until such time, if any, that EPA subsequently determines that any 
monitor in the area has violated the 1997 annual PM<INF>2.5</INF> 
NAAQS; and (3) be separate from, and not influence or otherwise affect, 
any future designation determination or requirements for the Saint 
Louis PM<INF>2.5</INF> nonattainment areas based on the 2006 
PM<INF>2.5</INF> NAAQS or future PM<INF>2.5</INF> NAAQ revision.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 annual PM<INF>2.5</INF> NAAQS, the basis for 
the suspension of the specific requirements, set forth at 40 CFR 
section 51.1004(c), would no longer exist, and the States of Missouri 
and Illinois would thereafter have to address the pertinent 
requirements.
    This proposed approval is limited to a determination that the air 
quality data show that the Saint Louis PM<INF>2.5</INF> nonattainment 
area has monitored attainment of the 1997 annual PM<INF>2.5</INF> 
NAAQS; it is not equivalent to the redesignation of the Saint Louis 
PM<INF>2.5</INF> nonattainment area to attainment of the 1997 annual 
PM<INF>2.5</INF> NAAQS. This proposed action, if finalized, would not 
constitute a redesignation to attainment under section 107(d)(3) of the 
Clean Air Act (CAA) because the EPA would not have yet approved a 
maintenance plan for the area as required under CAA section 175A, nor a 
determination that the Saint Louis PM<INF>2.5</INF> nonattainment area 
has met the other requirements for redesignation under the CAA. The 
designation status of the Missouri and Illinois portions of the Saint 
Louis PM<INF>2.5</INF> nonattainment area will remain nonattainment for 
the 1997 annual PM<INF>2.5</INF> NAAQS until such time as the EPA takes 
final rulemaking action to determine that such portions meet the CAA 
requirements for redesignation to attainment.

V. 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 and would not impose any additional requirements. 
For that reason, this proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act .S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act S.C. 601 et seq.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 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, Particulate 
matter.

    Dated: February 9, 2011.
Susan Hedman,
Regional Administrator, Region 5.
    Dated: February 22, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-5048 Filed 3-4-11; 8:45 am]
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