[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15895-15898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6669]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0084-201112; FRL-9284-8]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Alabama, 
Georgia, and Tennessee: Chattanooga; Determination of Attaining Data 
for the 1997 Annual Fine Particulate Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Chattanooga, Tennessee-
Georgia, fine particulate (PM<INF>2.5</INF>) nonattainment area 
(hereafter referred to as ``the Chattanooga Area'' or ``Area'') has 
attained the 1997 annual average PM<INF>2.5</INF> National Ambient Air 
Quality Standards (NAAQS). The Chattanooga Area is comprised of 
Hamilton County in Tennessee, Catoosa and Walker Counties in Georgia, 
and a portion of Jackson County in Alabama. This proposed determination 
of attainment is based upon complete, quality-assured and certified 
ambient air monitoring data for the 2007-2009 period showing that the 
Area has monitored attainment of the 1997 annual PM<INF>2.5</INF> 
NAAQS. If EPA finalizes this proposed determination of attainment, the 
requirements for the Area to submit an attainment demonstration and 
associated reasonably available control measures (RACM), a reasonable 
further progress (RFP) plan, contingency measures, and other planning 
State Implementation Plan (SIP) revisions related to attainment of the 
standard shall be suspended so long as the Area continues to attain the 
annual PM<INF>2.5</INF> NAAQS.

DATES: Comments must be received on or before April 21, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0084, 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#9af8fff4f0fbf7f3f4b4f6e3f4f5e8fbffdaffeafbb4fdf5ec"><span class="__cf_email__" data-cfemail="d7b5b2b9bdb6babeb9f9bbaeb9b8a5b6b297b2a7b6f9b0b8a1">[email protected]</span></a>.
    3. Fax: (404) 562-9040.
    4. Mail: EPA-R04-OAR-2011-0084, 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: 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 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-R04-OAR-
2011-0084. 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 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 e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov website 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

[[Page 15896]]

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 at http://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 or Sara Waterson, 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 (404) 562-9104 or via electronic mail at 
<a href="/cdn-cgi/l/email-protection#660e13031f480c09030a2603160748010910"><span class="__cf_email__" data-cfemail="dcb4a9b9a5f2b6b3b9b09cb9acbdf2bbb3aa">[email protected]</span></a>. Ms. Waterson may be reached by phone at (404) 562-
9061 or via electronic mail at <a href="/cdn-cgi/l/email-protection#582f392c3d2a2b3736762b392a39183d2839763f372e"><span class="__cf_email__" data-cfemail="3d4a5c49584f4e5253134e5c4f5c7d584d5c135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
I. What action Is EPA taking?
II. What Is the background for this action?
III. Does the Chattanooga area meet the annual PM<INF>2.5</INF> 
NAAQS?
    A. Criteria
    B. Chattanooga Area Air Quality
IV. What Is the effect of this action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Chattanooga Area (comprised 
of Hamilton, Catoosa, and Walker Counties in their entireties and a 
portion of Jackson County) has attaining data for the 1997 annual 
PM<INF>2.5</INF> NAAQS.\1\ The proposal is based upon complete, 
quality-assured and certified ambient air monitoring data for the 2007-
2009 monitoring period that shows the Area has monitored attainment of 
the 1997 annual PM<INF>2.5</INF> NAAQS. Available data for 2010 
indicate attaining data for the 1997 annual PM<INF>2.5</INF> NAAQS.
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    \1\ ``1997 Annual NAAQS'' refers to both the primary and 
secondary standards, which are identical.
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II. What is the background for this action?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
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. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On January 5, 2005 (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. These designations became 
effective on April 5, 2005. The Chattanooga Area was designated 
nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS. See 40 CFR 
81.301(Alabama), 40 CFR 81.311 (Georgia), and 40 CFR 81.343 
(Tennessee).
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
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 
NAAQS of 35 [mu]g/m\3\ based on a 3-year average of the 98th percentile 
of 24-hour concentrations. On November 13, 2009, EPA designated the 
Chattanooga Area as attainment for the 2006 24-hour NAAQS (74 FR 
58688). In that action, EPA also clarified the designations for the 
NAAQS promulgated in 1997, stating that the Chattanooga Area was 
designated as nonattainment for the annual NAAQS but attainment for the 
24-hour NAAQS. Thus, today's action does not address attainment of 
either the 1997 or the 2006 24-hour NAAQS.
    In response to legal challenges of the annual NAAQS promulgated in 
2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit) remanded this NAAQS 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 NAAQS are essentially identical, attainment of the 1997 
annual NAAQS would also indicate attainment of the remanded 2006 annual 
NAAQS.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS. This rule, at 40 
CFR 51.1004(c), specifies some of the regulatory consequences of 
attaining the NAAQS, as discussed below.

III. Does the Chattanooga area meet the annual PM<INF>2.5</INF> NAAQS?

A. Criteria

    Today's rulemaking proposed to find that the Chattanooga Area is 
attaining the 1997 annual PM<INF>2.5</INF> NAAQS, and provides a basis 
for that final action. The Chattanooga Area is comprised of Hamilton, 
Catoosa, and Walker Counties in their entireties, and a portion of 
Jackson County.
    Under EPA regulations at 40 CFR 50.7, the annual primary and 
secondary PM<INF>2.5</INF> NAAQS 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 [micro]g/m\3\ at all relevant 
monitoring sites in the subject area.

B. Chattanooga Area Air Quality

    EPA has reviewed the ambient air monitoring data for the 
Chattanooga Area in accordance with the provisions of 40 CFR part 50, 
Appendix N. All data considered have been quality-assured, certified, 
and recorded in EPA's Air Quality System (AQS) database. This review 
addresses air quality data collected in the 3-year period from 2007--
2009.
    The following table provides the annual average concentrations 
averaged over 2007--2009 at the sites in the Chattanooga Area. The 
Rossville site did not have complete data for 2007. As a result, data 
substitution was performed and is discussed in the technical support 
document (TSD) for this proposed rule. The annual design value for 
2007-2009 for the Chattanooga Area is 12.7 [micro]g/m\3\, at the Siskin 
Drive site (47-065-4002).
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    \2\ The Rossville site did not meet 75 percent data completeness 
for the 2007-2009 time period due to roof replacement and subsequent 
relocation of the monitor. Because the site passed data substitution 
analysis, the design value for the Area is the highest reading 
monitor, which is Tombras Avenue.

[[Page 15897]]



     Table 1.--Annual Average Concentrations in the Chattanooga Area
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                                                         Annual average
              Site name                   Site No.        concentration
                                                          ([mu]g/m\3\)
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Tombras Avenue......................       47-065-0031              12.6
Soddy Daisy High School.............       47-065-1011              11.7
Siskin Drive........................       47-065-4002              12.7
Rossville...........................       13-295-0002          \2\ 12.3
------------------------------------------------------------------------

    A new roof was installed in June of 2007 at the Rossville site; 
therefore, no data were collected from June 12, 2007, through November 
13, 2007. The pitched roof no longer supported ambient air monitors, 
which resulted in the establishment of a new monitoring location. Due 
to the shut-down, the Rossville site did not meet data completeness 
requirements for 2007. Data substitution was used to determine the 
attainment status of the Rossville site. The Georgia Environmental 
Protection Division (GA EPD) developed a weight-of-evidence approach 
\3\ for an alternative method of data substitution. The analysis used 
data from Siskin Drive and Tombras Avenue sites to determine the 
attainment status of the Rossville site. EPA has determined that GA EPD 
successfully demonstrated a strong correlation between the 
PM<INF>2.5</INF> data from the Rossville site and two other sites. 
Additionally, EPA's Office of Air Quality Planning and Standards did an 
additional analysis on the correlation between the sites. Further 
discussion on the data substitution can be found in the TSD for this 
proposed rule. Data completeness requirements were met at the other 
monitors in the Area.
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    \3\ For the Chattanooga analysis, the weight-of-evidence 
approach used was spatial averaging. The analysis can be found in 
the ``Analysis of Rossville PM<INF>2.5</INF> Data'' document 
provided by GA EPD on 5/5/2010. This document will be posted in the 
docket.
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    Determinations of attainment are based on the most recent three 
years of complete, quality-assured data. EPA also considers additional 
quality-assured data to the extent those data are available. In 
accordance with Appendix N and standard EPA practice, EPA's review of 
the data was centered on the three most recent years of complete data, 
2007-2009. Appendix N does not explicitly provide for comparisons to 
the NAAQS involving partial years of data, because various seasons of 
the year reflect various influences on PM<INF>2.5</INF> concentrations, 
and a partial year's data may not be representative of values that 
would be determined from a full year's data set. Nevertheless, EPA 
examined data that are available to date. For the Area, the available 
data for 2010 in the AQS database are below the NAAQS; however, not all 
of the 2010 data have been reported and they are not yet certified. 
Based on data available in AQS through the third quarter of 2010, the 
Tombras site has a preliminary 2008-2010 design value of 11.7 [micro]g/
m\3\, the Soddy Daisy site has a preliminary 2008-2010 design value of 
11.1 [micro]g/m\3\, the Siskin Drive site has a preliminary 2008-2010 
design value of 11.7 [micro]g/m\3\, and the Rossville site has a 
preliminary design value of 10.9 [micro]g/m\3\. These preliminary 
design values are consistent with continued attainment, and the 
complete 2008--2010 design values are expected to be below 15.0 
[micro]g/m\3\. On the basis of this review, EPA is proposing to 
determine that the Chattanooga Area has attained the 1997 annual 
PM<INF>2.5</INF> NAAQS, and is soliciting public comments on its 
proposed determination.

IV. What is the effect of this action?

    If this proposed determination of attainment is made final, the 
requirements for the Chattanooga Area to submit an attainment 
demonstration and associated RACM, a RFP plan, contingency measures, 
and any other planning SIPs related to attainment of the 1997 annual 
PM<INF>2.5</INF> NAAQS would be suspended for so long as the Area 
continues to attain the PM<INF>2.5</INF> NAAQS. See 40 CFR 51.1004(c). 
Notably, as described below, any such determination would not be 
equivalent to the redesignation of the Area to attainment for the 
annual PM<INF>2.5</INF> NAAQS.
    If this proposed rulemaking is finalized and EPA subsequently 
determines, after notice and comment rulemaking in the Federal 
Register, that the Area has violated the annual PM<INF>2.5</INF> NAAQS, 
the basis for the suspension of the specific requirements would no 
longer exist for the Chattanooga Area, and the Area would thereafter 
have to address the applicable requirements. See 40 CFR 51.1004(c).
    Finalizing this proposed action would not constitute a 
redesignation of the Area to attainment of the annual PM<INF>2.5</INF> 
NAAQS under section 107(d)(3) of the Clean Air Act (CAA). Further, 
finalizing this proposed action does not involve approving maintenance 
plans for the Area as required under section 175A of the CAA, nor would 
it find that the Area has met all other requirements for redesignation. 
Even if EPA finalizes the proposed action, the designation status of 
the Chattanooga Area would remain nonattainment for the 1997 annual 
PM<INF>2.5</INF> NAAQS until such time as EPA determines that the Area 
meets the CAA requirements for redesignation to attainment and takes 
action to redesignate the Area.
    This action is only a proposed determination of attainment that the 
Chattanooga Area has attained the 1997 annual PM<INF>2.5</INF> NAAQS. 
Today's action does not address the 24-hour PM<INF>2.5</INF> NAAQS.
    If the Chattanooga Area continues to monitor attainment of the 
annual PM<INF>2.5</INF> NAAQS, the requirements for the Chattanooga 
Area to submit an attainment demonstration and associated RACM, a RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the annual PM<INF>2.5</INF> NAAQS will remain suspended.

V. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. 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 (44 U.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 (5 U.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);

[[Page 15898]]

    <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 CAA; 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 proposed 1997 annual average PM<INF>2.5</INF> NAAQS data 
determination for the Chattanooga Area does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: March 10, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-6669 Filed 3-21-11; 8:45 am]
BILLING CODE 6560-50-P


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