ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 52 [EPA-ROI-OAR-2010-0459 ; A-1-FRL- ] Approval and Promulgation ofAir Quality Implementation Plans; Rhode Island; Determination ofAttainment 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 throughJune 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 ofJune 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 ofthe following methods: 1 . www .regulations.gov: Followthe on-line instructions for submitting comments. 2. E-mail : arnold.anneg ,epa.gov 3. Fax: (617) 918-0047. 4 . Mail : "Docket Identification Number EPA-ROI-OAR-2010-0459, " Anne Arnold, U .S. Environmental Protection Agency, EPANew 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 EcosystemProtection, U .S. Environmental Protection Agency, EPANew

England Regional Office, 5 Post Office Square, Suite 100, Boston, MA02109-3912. 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 EPAwill not know your identity or contact information unless you provide it in the body ofyour comment. If3

you send an e-mail comment directly to EPAwithout going through www .regulations.gov your e-mail address will be automatically captured and included as part ofthe comment that is placed in the public docket and made available on the Internet . Ifyou submit an electronic comment, EPArecommends that you include your name and other contact information in the body ofyour comment andwith any disk or CD-ROM you submit . If EPAcannot read your comment due to technical difficulties and cannot contact youfor clarification, EPA may not be able to consider your comment. Electronic files should avoid the use ofspecial characters, any formof 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 andwill 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 EcosystemProtection, 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 FURTHERINFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30to 4:30, excluding legal holidays. FORFURTHER 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 ofthis document . Thefollowing outline is provided to aid in locating information in this preamble. I . What Actions is EPATaking? II . What is the Effect ofthese Actions? 111. What is the Background for these Actions? IV. What is EPA's Analysis ofthe Relevant Air Quality Data? V . Proposed Actions VI . Statutory and Executive Order Reviews

I . What Actions is EPATaking? 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 ofthe 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) ofthe CleanAir 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 ofthese Actions?

Under section 181(b)(2)(A) of the CAAand the provisions of EPA's ozone implementation rule (see 40 CFRSection 51 .902(a)), EPA is proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable attainment date ofJune 15, 2010 . The effect ofa final determination ofattainment 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, iffinalized, would not constitute a redesignation to attainment under the Clean Air Act (CAA) section 107(d)(3), becausewe 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 EPAdetermines that the area meets the CAArequirements for redesignation to attainment . 111. What is the Background for theseActions? On April 30, 2004 (69 FR23857), EPAdesignated as nonattainment any area that was violating the 1997 8-hour ozone NAAQS based on the three most recent years (2001-2003) ofair quality data. The Providence (All of Rhode Island) area was designated as a moderate ozone nonattainment area. Subsequently, on June 3, 2010, EPAapproved a clean data determination for the Rhode Island area, based on 2006-2008 ozone data (see 75 FR31288) . 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 otherplanning State Implementation Plans (SIPs) related to attainment ofthe 1997 8-hour ozone NAAQS for so long6

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 EPAhas reviewed the ambient air monitoring data for ozone, consistent with the requirements contained in 40 CFRPart 50 and recorded in the Air Quality Data System(AQS) database, for Providence (All of Rhode Island) area, from2007 through 2009. On the basis ofits review, EPAproposes to conclude that the area attained the 1997 8-hour ozone standard at the end ofthe 2009 ozone season, based on three years ofcomplete, quality-assured and statecertified 2007-2009 ozone data. Preliminary data available throughJune 15, 2010 are also consistent with continued attainment. Under EPAregulations at 40 CFR Part 50, the 1997 8-hour ozone standard is attained at a site when the 3-year average ofthe annual fourth-highest daily maximum8-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 ofdays 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 maximum8-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 reviewof these data indicates that the Rhode Island ozone nonattainment area has met the 1997 8-hour ozone NAAQS, based on 2007-2009data. EPA believes these data, coupled with preliminary data available throughJune 15, 2010, indicate that the Rhode Island area has also attained the standard as ofits applicable attainment date ofJune 15, 2010 . Thus, in accordance with CAAsection 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 EPAtakes final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPANew England Regional Office listed in the ADDRESSES section ofthis Federal Register.V

. PROPOSEDACTIONS: 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 from2007 through 2009. As provided in 40 CFRSection 51 .918, if EPAfinalizes this determination, the requirements for Rhode Island to submit planning SIPs related to attainment ofthe 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) ofthe Clean Air Act and the provisions of EPA's ozone implementation rule (see 40 CFRSection 51 .902(a)), EPAis proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable attainment date ofJune 15, 2010 . VI . Statutory and Executive Order Reviews Theses actions propose to make determinations ofattainment based on air quality, and would, if finalized, result in the continued suspension ofcertain Federal requirements, andwould not impose additional requirements beyond those imposed by state law . For that reason, these proposed actions: " are not a "significant regulatory action" subject to reviewby 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 ReductionAct (44 U

.S.C. 3501 etseg.) ; " 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. EPAhas not taken action on these submittals.9 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 Federalismimplications 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 significantregulatory actions subject to Executive Order 13211 (66 FR28355, May 22, 2001) ; " are not subject to the requirements ofSection 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 EPAwith 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) .10

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPAnotes that it will not impose substantial direct costs on tribal governments or preempt tribal law . List of Subjects in 40 CFRPart 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, EPANew

England.