ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-ROI-OAR-2010-0459; A-1-FRL- ] 

Approval and Promulgation of Air Quality Implementation 

Plans ; Rhode Island ; Determination of Attainment of the 1997 Ozone Standard for the 

Providence, Rhode Island Area 

AGENCY: Environmental Protection Agency (EPA) . 

ACTION : Proposed rule . 

SUMMARY: The EPA is proposing to determine that the Providence (All of Rhode Island) 

moderate 1997 8-hour ozone nonattainment area continues to attain the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, 

quality-assured, certified ambient air monitoring data that show the area has monitored 

attainment of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period . Preliminary 

data available through June 15, 2010 also are consistent with continued attainment . In addition, 

in accordance with the Clean Air Act, EPA is proposing to determine, that this area has attained 

the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date. 

DATES: Written comments must be received on or before [Insert date 30 days after 

publication in the Federal Register] . 
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-ROI-OAR-2010-

0459 by one of the following methods: 

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

2 . E-mail : arnold .anne g ,epa.gov 

3 . Fax : (617) 918-0047. 

4. Mail : "Docket Identification Number EPA-ROI-OAR-2010-0459, " Anne Arnold, 

U.S . Environmental Protection Agency, EPA New England Regional Office, 5 Post 

Office Square, Suite 100 (mail code : OEP05-2), Boston, MA 02109-3912 . 

5 . Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air 

Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection 

Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, Boston, 

MA 02109-3912. 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 legal holidays . 

Instructions : Direct your comments to Docket ID No. EPA-ROI-OAR-2010-0459. 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 

www.regulations .gov, or e-mail, information that you consider to be CBI or otherwise protected. 

The 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 
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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 . 

Docket: All documents in the electronic docket are listed in the 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 Office of Ecosystem Protection, U.S . Environmental Protection Agency, EPA 

New England Regional Office, 5 Post Office Square, Suite 100, Boston, MA. 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 legal holidays . 

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning 

Unit, U.S . Environmental Protection Agency, EPA New England Regional Office, 5 Post Office 

Square, Suite 100, Boston, MA 02109-3912, telephone number (617) 918-1664, fax number 

(617) 918-0664, email Burkhart.RichardkeRa.gov . 
SUPPLEMENTARY INFORMATION: 

Throughout this document whenever "we," "us," or "our" is used, we mean EPA. 

Organization of this document. The following outline is provided to aid in locating 

information in this preamble. 

I. What Actions is EPA Taking? 

II . What is the Effect of these Actions? 

111. What is the Background for these Actions? 

IV . What is EPA's Analysis of the Relevant Air Quality Data? 

V. Proposed Actions 

VI . Statutory and Executive Order Reviews 

I. What Actions is EPA Taking? 

EPA is proposing to determine that the Providence (All of Rhode Island) moderate 8-hour 

ozone nonattainment area continues to attain the 1997 8-hour NAAQS for ozone . This 

determination is based upon complete, quality-assured and certified ambient air monitoring data 

that show the area has monitored attainment of the 1997 ozone NAAQS for the 2007-2009 

monitoring period . Preliminary data available through June 15, 2010 are also consistent with 

continued attainment . In addition, under section 181(b)(2)(A) of the Clean Air Act (CAA), EPA 

is proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable 

attainment date (June 15, 2010). 
11. What is the Effect of these Actions? 

Under section 181(b)(2)(A) of the CAA and the provisions of EPA's ozone 

implementation rule (see 40 CFR Section 51 .902(a)), EPA is proposing to determine that this 

area has attained the 1997 ozone NAAQS by its applicable attainment date of June 15, 2010. 

The effect of a final determination of attainment by the area's attainment date would be to 

discharge EPA's obligation under section 181(b)(2)(A), and to establish that, in accordance with 

that section, the area would not be reclassified for failure to attain by its applicable attainment 

date. This proposed action, if finalized, would not constitute a redesignation to attainment under 

the Clean Air Act (CAA) section 107(d)(3), because we would not yet have an approved 

maintenance plan for the area as required under section 175A of the CAA, nor a determination 

that the area has met the other requirements for redesignation. The classification and designation 

status of the area would remain moderate nonattainment for the 1997 8-hour ozone NAAQS until 

such time as EPA determines that the area meets the CAA requirements for redesignation to 

attainment . 

111. What is the Background for these Actions? 

On April 30, 2004 (69 FR 23857), EPA designated as nonattainment any area that was 

violating the 1997 8-hour ozone NAAQS based on the three most recent years (2001-2003) of air 

quality data. The Providence (All of Rhode Island) area was designated as a moderate ozone 

nonattainment area. Subsequently, on June 3, 2010, EPA approved a clean data determination 

for the Rhode Island area, based on 2006-2008 ozone data (see 75 FR 31288) . That action 

suspended the requirements for the area to submit an attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) contingency measures, and any other planning State 

Implementation Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for so long 
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as the area continues to attain the 1997 ozone NAAQS. 40 CFR 51 .918 . Complete, certified 

ozone air quality data for 2007 through 2009, as well as preliminary data available through June 

15, 2010, show that the Rhode Island area continues to meet the 1997 8-hour ozone standard . 

IV. What is EPA's Analysis of the Relevant Air Quality Data? 

The EPA has reviewed the ambient air monitoring data for ozone, consistent with the 

requirements contained in 40 CFR Part 50 and recorded in the Air Quality Data System (AQS) 

database, for Providence (All of Rhode Island) area, from 2007 through 2009 . On the basis of its 

review, EPA proposes to conclude that the area attained the 1997 8-hour ozone standard at the 

end of the 2009 ozone season, based on three years of complete, quality-assured and statecertified 2007-2009 ozone data. Preliminary data available through June 15, 2010 are also 

consistent with continued attainment. 

Under EPA regulations at 40 CFR Part 50, the 1997 8-hour ozone standard is attained at a 

site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone 

concentrations at an ozone monitor is less than or equal to 0.08 parts per million (ppm) (i .e ., 

0 .084 ppm, based on the rounding convention in 40 CFR Part 50, Appendix 1) . This 3-year 

average is referred to as the design value. When the design value is less than or equal to 0.084 

ppm at each monitoring site within the area, then the area is meeting the NAAQS. Also, the data 

completeness requirement is met when the average percent of days with valid ambient 

monitoring data is greater than 90%, and no single year has less than 75% data completeness as 

determined in Appendix I of 40 CFR Part 50. 
Table 1 shows the fourth-highest daily maximum 8-hour average ozone concentrations 

for the Rhode Island nonattainment area monitors for the years 2007-2009, and the ozone design 

values for these same monitors based on 2007-2009. 

Table 1 . 2007-2009 Fourth-High 8-hour Average Ozone Concentrations and 2007-2009 

Design Values (parts per million) in the Rhode Island area. 

Design 

4th high 4th High 4th High Value 

Site ID Site Location 2007 2008 2009 (07-09) 

West 

440030002 Greenwich 0.089 0 .074 0.069 0.077 

East 

440071010 Providence 0.088 0 .077 0.066 0.078 _ 

440090007 Narragansett 0.083 0 .081 0.068 1 0.076 

EPA's review of these data indicates that the Rhode Island ozone nonattainment area has 

met the 1997 8-hour ozone NAAQS, based on 2007-2009 data. EPA believes these data, coupled 

with preliminary data available through June 15, 2010, indicate that the Rhode Island area has 

also attained the standard as of its applicable attainment date of June 15, 2010. Thus, in 

accordance with CAA section 181(b)(2), EPA is also proposing to determine that the Rhode 

Island area has attained the standard by its applicable attainment date. 

EPA is soliciting public comment on the issues discussed in this notice or on other 

relevant matters pertaining to this rulemaking action . These comments will be considered before 

EPA takes final action . Interested parties may participate in the Federal rulemaking procedure by 

submitting written comments to the EPA New England Regional Office listed in the 

ADDRESSES section of this Federal Register. 
V. PROPOSED ACTIONS: EPA is proposing to determine that the Providence (All of Rhode 

Island) 1997 8-hour ozone moderate nonattainment area continues to attain the 1997 8-hour 

ozone standard, based on complete, quality-assured data from 2007 through 2009 . As provided 

in 40 CFR Section 51 .918, if EPA finalizes this determination, the requirements for Rhode Island 

to submit planning SIPs related to attainment of the 1997 8-hour ozone NAAQS for this area 

remain suspended, for so long as the area continues to attain the standard . l In addition, under 

section 181(b)(2)(A) of the Clean Air Act and the provisions of EPA's ozone implementation 

rule (see 40 CFR Section 51 .902(a)), EPA is proposing to determine that this area has attained 

the 1997 ozone NAAQS by its applicable attainment date of June 15, 2010. 

VI. Statutory and Executive Order Reviews 

Theses actions propose to make determinations of attainment based on air quality, and 

would, if finalized, result in the continued suspension of certain Federal requirements, and would 

not impose additional requirements beyond those imposed by state law. For that reason, these 

proposed actions: 

" are 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); 

" do not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S .C . 3501 et seg.) ; 

" are 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.) ; 

I Rhode Island submitted an attainment demonstration, reasonable further progress plan and contingency measures for this area on April 30, 

2008 . EPA has not taken action on these submittals . 
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do not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

104-4) ; 

" do not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10, 1999); 

" are not economically significant regulatory actions based on health or safety risks subject 

to Executive Order 13045 (62 FR 19885, April 23, 1997) ; 

" are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, 

May 22, 2001); 

" are not subject to the 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 

" do 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) . 
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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, Incorporation by reference, Intergovernmental 

relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic 

compounds. 

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

f 

. Curtis Spalding 

Regional Administrator, 

EPA New England.