Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules 20291 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0316–201117; FRL– 

9293–3] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama: 

Birmingham; Determination of 

Attaining Data for the 1997 Annual Fine 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Birmingham, 

Alabama, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as the ‘‘Birmingham Area’’ or ‘‘Area’’) has 

attained the 1997 annual average PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Birmingham Area is 

comprised of Jefferson and Shelby 

Counties in their entireties, and a 

portion of Walker County in Alabama. 

This proposed determination of 

attaining data is based upon complete, 

quality-assured and certified ambient air 

monitoring data for the 2008–2010 

period showing that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. If EPA finalizes 

this proposed determination of attaining 

data, 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 PM2.5

NAAQS. 

DATES: Comments must be received on 

or before May 12, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0316, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9040. 

4. Mail: EPA–R04–OAR–2011–0316, 

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 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0316. 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 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 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: Sara 

Waterson or 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. Ms. 

Waterson may be reached by phone at 

(404) 562–9061 or via electronic mail at 

waterson.sara@epa.gov. Mr. Huey may 

be reached by phone at (404) 562–9104. 

Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Does the Birmingham area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

B. Birmingham 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 Birmingham Area (comprised of 

Jefferson and Shelby Counties in their 

entireties, and a portion of Walker 

County) has attaining data for the 1997 

annual PM2.5 NAAQS. The proposal is 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 monitoring 

period that show that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter 

(μg/m3) based on a 3-year average of 

annual mean PM2.5 concentrations. At 

that time, EPA also established a 24- 

hour NAAQS of 65 μg/m3. See 40 CFR 

50.7. On January 5, 2005 (70 FR 944), 

EPA published its air quality 

designations and classifications for the 

1997 PM2.5 NAAQS based upon air 

quality monitoring data from those 

monitors for calendar years 2001–2003. 

These designations became effective on 


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20292 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules 

1Although the Birmingham Area is designated 

nonattainment for the 2006 PM2.5 NAAQS, EPA 

finalized a determination that the Area is currently 

attaining the 2006 PM2.5 NAAQS. See 75 FR 57186. 

April 5, 2005. The Birmingham Area 

was designated nonattainment for the 

1997 annual PM2.5 NAAQS. See 40 CFR 

81.301. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 

24-hour NAAQS of 35 μg/m3 based on 

a 3-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Birmingham Area as nonattainment for 

the 2006 24-hour NAAQS (74 FR 

58688).1 In that action, EPA also 

clarified the designations for the 

NAAQS promulgated in 1997, stating 

that the Birmingham 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 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 (D.C. 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 PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 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 Birmingham area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

Today’s rulemaking proposes to find 

that the Birmingham Area is attaining 

the 1997 annual PM2.5 NAAQS, and 

provides a basis for that final action. 

The Birmingham Area is comprised of 

Jefferson and Shelby Counties in their 

entireties, and a portion of Walker 

County in Alabama. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 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 μg/m3 at all relevant 

monitoring sites in the Area. 

B. Birmingham Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Birmingham 

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 database. This review 

addresses air quality data collected in 

the 3-year period from 2008–2010. 

The following table provides the 

annual average concentrations averaged 

over 2008–2010 at all the sites in the 

Birmingham Area with at least 75 

percent complete data in each quarter of 

each of those 3 years: 

TABLE 1—ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE BIRMINGHAM, ALABAMA NONATTAINMENT

AREA

Location Site No. 

2008 98th 

Percentile 

(μg/m3) 

2009 98th 

Percentile 

(μg/m3) 

2010 98th 

Percentile 

(μg/m3) 

2008–2010 

Design value 

(μg/m3) 

North Birmingham ................................................................ 01–073–0023 15.5 11.7 13.8 13.7 

McAdory ............................................................................... 01–073–1005 12.2 10.4 11.8 11.5 

Bruce Shaw Road ................................................................ 01–073–1009 10.8 9.6 10.1 10.2 

Asheville Road ..................................................................... 01–073–1010 13.2 10.3 12.1 11.9 

Wylam .................................................................................. 01–073–2003 14.4 11.3 12.4 12.7 

Hoover .................................................................................. 01–073–2006 12.1 10.3 11.8 11.4 

Pinson High School ............................................................. 01–073–5002 11.9 9.9 10.9 10.9 

Corner School Road ............................................................ 01–073–5003 11.5 9.7 10.7 10.6 

Pelham High School ............................................................ 01–117–0006 11.6 9.8 2 11.3 10.9 

Highland Avenue .................................................................. 01–127–0002 11.7 10.1 11.3 11.0 

2The Pelham High School monitor did not meet data completeness in the 3rd quarter of 2010. 

The Pelham High School monitor did 

not meet data completeness for the 3rd 

quarter of 2010. The 2010 average 

annual concentration for Pelham High 

School monitor without data 

substitution is 11.3 μg/m3. The 2010 

average annual concentrations for 2008– 

2010 with data substitution is 13.9 μg/ 

m3. The 3-year 2008–2010 design value 

with data substitution is 11.8 μg/m3; 

therefore, the monitor passes the data 

substitution test. The official design 

value for the monitor is 10.9 μg/m3. The 

complete procedure for the maximum 

value data substitution test can be found 

in the EPA guidance document 

‘‘Guideline on Data Handling 

Conventions for the PM NAAQS,’’ dated 

April 1999. The highest 3-year average 

annual concentration for 2008–2010 is 

13.7 μg/m3 at the North Birmingham 

monitor. 

EPA believes that the Birmingham 

Area is now meeting the 1997 annual 

PM2.5 NAAQS. Since few data are 

available for 2011, the 2008–2010 data 

represent the most recent available data 

for EPA to use in its assessment. On the 

basis of this review, EPA is proposing to 

determine that the Birmingham Area 

has attained the 1997 annual PM2.5

NAAQS. EPA is soliciting public 

comments on its proposal to determine 

that the Birmingham Area has attained 

the 1997 annual PM2.5 NAAQS. 

IV. What is the effect of this action? 

If this proposed determination of 

attaining data is made final, the 

requirements for the Birmingham 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 PM2.5 NAAQS would 

be suspended for so long as the Area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 


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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules 20293 

described below, any such 

determination would not be equivalent 

to the redesignation of the Area to 

attainment for the annual PM2.5

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 PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Birmingham 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 PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this proposed action does not involve 

approving a maintenance plan 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 Birmingham Area would remain 

nonattainment for the 1997 annual 

PM2.5 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 attaining data that the 

Birmingham Area has attained the 1997 

annual PM2.5 NAAQS. Today’s action 

does not address the 24-hour PM2.5

NAAQS. 

If the Birmingham Area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Birmingham 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 PM2.5 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: 

• 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, 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, this proposed 1997 annual 

average PM2.5 NAAQS data 

determination for the Birmingham 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: April 4, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–8702 Filed 4–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0029–201103; FRL– 

9293–2] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; CharlotteGastonia-Rock Hill, North Carolina and 

South Carolina: Determination of 

Attainment for the 1997 8-Hour Ozone 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Charlotte-GastoniaRock Hill, North Carolina-South 

Carolina nonattainment area has 

attained the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

based on quality assured, quality 

controlled monitoring data from 2008– 

2010. The Charlotte-Gastonia-Rock Hill, 

North Carolina-South Carolina 1997 8- 

hour ozone nonattainment area 

(hereafter referred to as the ‘‘bi-state 

Charlotte Area’’) is comprised of 

Cabarrus, Gaston, Lincoln, 

Mecklenburg, Rowan, Union and a 

portion of Iredell (Davidson and Coddle 

Creek Townships) Counties in North 

Carolina; and a portion of York County 

in South Carolina. If this proposed 

determination is made final, the 

requirement for the States of North 

Carolina and South Carolina to submit 

an attainment demonstration and 

associated reasonably available control 

measures (RACM) analyses, reasonable 

further progress (RFP) plans, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for the bi-state 

Charlotte Area, shall be suspended for 

as long as the Area continues to meet 

the 1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before May 12, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0029 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011–0029,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 


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