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[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5210-5213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2336]

[[Page 5210]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0053; FRL-9625-7]

Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Missouri and 
Illinois; St. Louis; Determination of Attainment by Applicable 
Attainment Date for the 1997 Ozone National Ambient Air Quality 
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine, pursuant to the Clean Air Act 
(CAA), that the bi-state St. Louis (MO-IL) ozone nonattainment area 
(``St. Louis area'') attained the 1997 8-hour ozone National Ambient 
Air Quality Standards (NAAQS) by the applicable attainment date of June 
15, 2010. This proposed determination is based upon complete, quality-
assured, and certified ambient air quality data from the 2007-2009 
monitoring period which show that the St. Louis area has monitored 
attainment of the 1997 8-hour ozone NAAQS as of the applicable date.

DATES: Comments must be received on or before March 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0053, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: kemp.lachala@epa.gov.
    3. Fax: (913) 551-9214.
    4. Mail: Lachala Kemp, Air Planning and Development Branch, 
Environmental Protection Agency Region 7, 901 North 5th Street, Kansas 
City, Kansas 66101.
    5. Hand Delivery or Courier: Lachala Kemp, Air Planning and 
Development Branch, Environmental Protection Agency Region 7, 901 North 
5th Street, Kansas City, Kansas 66101. 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, 8:00 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0053. 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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 
http://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 http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency Region 7, 901 North 5th Street, Kansas City, Kansas 
66101, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. EPA requests that you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
interested persons wanting to examine these documents should make an 
appointment with the office at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency Region 7, 901 
N. 5th Street, Kansas City, Kansas 66101, at (913) 551-7214 or by email 
at kemp.lachala@epa.gov. In Region 5 contact Edward Doty, Attainment 
Planning and Maintenance Section, Air Programs Branch (AR-18J), 77 West 
Jackson Boulevard, Chicago, Illinois 60604, at (312) 886-6057 or by 
email at doty.edward@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following questions:

Table of Contents

I. What action is EPA taking?
II. What is the background for this action?
III. What was the air quality in the St. Louis area for the 1997 8-
hour ozone NAAQS for the 2007-2009 monitoring period?
IV. What is the proposed action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    Pursuant to section 181(b)(2) of the CAA, EPA is proposing to 
determine that the St. Louis area attained the 1997 8-hour ozone NAAQS 
by its applicable attainment date of June 15, 2010. The St. Louis area 
is composed of Jefferson County, Franklin County, St. Louis County, St. 
Louis City, and St. Charles County in Missouri, and Madison, Monroe, 
Jersey, and St. Clair Counties in Illinois. This proposed determination 
is based upon complete, quality-assured and certified ambient air 
monitoring data from 2007-2009 which show that the St. Louis area 
monitored attainment of the 1997 8-hour ozone NAAQS as of its 
applicable attainment date.
    On June 9, 2011, EPA published in the Federal Register a final 
determination that the St. Louis area has attained the 1997 8-hour 
ozone NAAQS based on complete, quality-assured ozone monitoring data 
for 2008-2010, and the effect of that determination pursuant to 40 CFR 
51.918. See 76 FR 33647-50. Today's proposed action is separate from 
and independent of EPA's June 9, 2011 determination, and it does not 
affect or modify that rulemaking. Today's proposed determination 
concerns an earlier period of air quality monitoring, and it addresses 
only EPA's obligation under CAA section 181(b)(2) to determine whether 
the area attained the 8-hour ozone standard by its applicable June 15, 
2010 attainment date.

II. What is the background for this action?

    On July 18, 1997 (62 FR 38856), EPA promulgated an 8-hour ozone 
standard of 0.08 parts per million (ppm). On April 30, 2004 (69 FR 
23858), EPA published a final rule designating and classifying areas 
under the 8-hour ozone NAAQS. These designations and

[[Page 5211]]

classifications became effective June 15, 2004. EPA designated as 
nonattainment any area that was violating the 8-hour ozone NAAQS based 
on the three most recent years of air quality data, 2001-2003. Under 
EPA's implementation rule for the 1997 8-hour ozone standard (69 FR 
23951, April 30, 2004), an area was classified under subpart 2 of the 
CAA based on its 8-hour ozone design value (i.e. the three-year average 
annual fourth-highest daily maximum 8-hour average ozone 
concentration), if it had a 1-hour design value at the time of 
designation at or above 0.121 ppm. See 40 CRF 51.902(a). All other 
nonattainment areas were covered under subpart 1, based upon their 8-
hour design values (69 FR 23958). The St. Louis area was classified as 
a subpart 2, 8-hour ozone moderate nonattainment area by EPA on April 
30, 2004 (69 FR 23858, 23898, and 23915), based on the three most 
recent years of monitoring data (2001-2003), consistent with 40 CFR 
51.903(a).
    As a moderate nonattainment area for the 1997 8-hour ozone NAAQS, 
the St. Louis (MO-IL) area had an applicable attainment date of June 
15, 2010, as required by 40 CFR 51.903(a) Table 1. Pursuant to section 
181(b)(2) of the CAA, EPA is required to make a determination as to 
whether the St. Louis area attained the standard as of its applicable 
attainment date. This determination is based on the area's design value 
as of the attainment date, which in turn is based on the three most 
recent years of air quality data (2007-2009) prior to the attainment 
date.

III. What was the air quality in the St. Louis area for the 1997 8-hour 
ozone NAAQS for the 2007-2009 monitoring period?

    Today's rulemaking assesses whether the St. Louis area attained the 
1997 8-hour ozone NAAQS by its applicable attainment date of June 15, 
2010. Under EPA regulations at 40 CFR 50.15, the 1997 8-hour primary 
and secondary ozone ambient air quality standards are met at an ambient 
air quality monitoring site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentration is less 
than or equal to 0.08 ppm, as determined in accordance with 40 CFR part 
50, Appendix I. Based on the rounding convention set forth in section 
2.3 of Appendix I, the smallest value that is greater than 0.08 ppm is 
0.085 ppm.
    EPA has reviewed the ambient air monitoring data for the St. Louis 
area for the 1997 8-hour ozone NAAQS, consistent with requirements 
contained at 40 CFR part 50. EPA's review focused primarily on data 
recorded in the EPA Air Quality System (AQS) database for the St. Louis 
area for 2007-2009.
    Table 1 shows the 2007-2009 and 2008-2010 ozone design values for 
the St. Louis area monitors with complete, quality-assured and 
certified data for that period. All data values are expressed in ppm. 
As shown in Table 1, all of these monitors recorded ozone design values 
less than 0.085 ppm for 2007-2009 and 2008-2010, with the highest value 
at any monitor in the area, 0.078 ppm, recorded at the West Alton 
monitor.

 Table 1--Annual Fourth-Highest Daily Maximum 8-Hour Ozone Concentrations and 3-Year Averages in ppm for the St. Louis Area Monitors With Complete Data
                                                               (2007-2009) and (2008-2010)
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                                                                                              2007     2008     2009     2010    2007-2009    2008-2010
                                                                                              4th      4th      4th      4th       Design       Design
                State                           County                    Monitor             High     High     High     High      value     value (ppm)
                                                                                             (ppm)    (ppm)    (ppm)    (ppm)      (ppm)          *
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Illinois.............................  Jersey..................  Jerseyville 17-083-1001..    0.075    0.069    0.068    0.072        0.070        0.069
                                       Madison.................  Alton 17-119-0008........    0.081    0.068    0.067    0.080        0.072        0.071
                                                                 Maryville 17-119-1009....    0.087    0.070    0.074    0.074        0.077        0.072
                                                                 Wood River 17-119-3007...    0.086    0.067    0.066    0.070        0.073        0.067
                                       St. Clair...............  East St. Louis 17-163-       0.077    0.064    0.069    0.072        0.070        0.068
                                                                  0010.
Missouri.............................  St. Charles.............  West Alton 29-183-1002...    0.089    0.076    0.071    0.084        0.078        0.077
                                                                 Orchard Farm 29-183-1004.    0.083    0.072    0.073    0.077        0.076        0.074
                                       St. Louis...............  Maryland Heights 29-189-     0.094    0.069    0.070    0.076        0.077        0.071
                                                                  0014.
                                                                 Pacific 29-189-0005......    0.085    0.064    0.064    0.069        0.071        0.065
                                       St. Louis City..........  Blair Street 29-510-0085.    0.087    0.073    0.065    0.071        0.075        0.069
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*Although the determination here is whether the area attained the 1997 8-hour ozone NAAQS based on 2007-2009 data, the 2010 data shows that all monitors
  in the St. Louis area continued to attain the NAAQS in 2008-2010.

    As shown above in Table 1, there were ten monitoring sites with 
complete data during the 2007-2009 monitoring period. Data are 
considered to be sufficient for comparison to the NAAQS if three 
consecutive complete years of

[[Page 5212]]

data exist. These ten monitoring sites with complete data provide an 
adequate basis for EPA to determine that the area has attained the 
NAAQS. See 40 CFR Part 58, Appendix D for network design criteria.\1\
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    \1\ The monitoring network for the 2007-2009 monitoring period 
met and exceeded the minimum criteria for ozone monitoring in 40 CFR 
part 58, Appendix D.
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    Based on its evaluation of complete quality assured and certified 
data from the relevant monitoring sites for the 2007-2009 monitoring 
period, EPA believes that the St. Louis area attained the 1997 8-hour 
ozone NAAQS by the June 15, 2010 attainment date.
    Two additional monitors have recorded data that are not considered 
as complete for the 2007-2009 monitoring period. Pertinent data from 
these sites are shown in Table 2.

 Table 2--Annual Fourth-Highest Daily Maximum 8-hour Ozone Concentrations and 3-Year Averages in ppm for the St.
                                    Louis Area Monitors With Incomplete Data
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                                                                   2007     2008     2009     2010
                                                                   4th      4th      4th      4th     2008-2010
            State                   County          Monitor        high     high     high     high     average
                                                                  (ppm)    (ppm)    (ppm)    (ppm)      (ppm)
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Missouri.....................  Jefferson......  Arnold &           0.087  .......  .......  .......  ...........
                                                 Tenbrook 29-
                                                 099-0012.
                                                Arnold West 29-  .......    0.070    0.070    0.077        0.072
                                                 099-0019.
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    The Arnold and Tenbrook site was discontinued after the 2007 ozone 
season because it no longer met siting criteria in 40 CFR 58.14(c)(6) 
and section 5 of Appendix E to Part 58, due to trees in the immediate 
vicinity of the site. The Arnold West site replaced the discontinued 
monitor and began operation in the 2008 ozone season. The Missouri 
Department of Natural Resources requested, and EPA approved, the 
discontinuation of the Arnold & Tenbrook monitor. The siting of the 
replacement monitor at the Arnold West site was approved in the 2008 
annual network plan as a more optimal location with respect to meeting 
the siting criteria in 40 CFR Part 58, including the criteria in 
section 5 of Appendix E.\2\ The two sites are located within two miles 
of each other, and if data from the Arnold and Tenbrook monitor was 
combined with data from the Arnold West monitor, the resulting 2007-
2009 design value would attain the 1997 8-hour ozone NAAQS at 0.075 
ppm.
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    \2\ The MDNR did not request that the data from the discontinued 
monitor and the replacement monitor be combined.

                    Table 3--Design Values for Incomplete Data Monitors Compared to Highest Monitors in the St. Louis Area, 2000-2010
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                                                       2000-2002  2001-2003  2002-2004  2003-2005  2004-2006  2005-2007  2006-2008  2007-2009  2008-2010
                                                         Design     Design     Design     Design     Design     Design     Design     Design     Design
                                                         value      value      value      value      value      value      value      value      value
                                                         (ppm)      (ppm)      (ppm)      (ppm)      (ppm)      (ppm)      (ppm)      (ppm)      (ppm)
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Incomplete Data Monitors........  Arnold & Tenbrook       0.086      0.087      0.081      0.081      0.080      0.086   .........  .........  .........
                                   29-099-0012.
                                  Arnold West 29-099-  .........  .........  .........  .........  .........  .........  .........  .........     0.072
                                   0019.
Design Value Monitors...........  West Alton 29-183-      0.090      0.091      0.089      0.085      0.085      0.089      0.085      0.078      0.077
                                   1002.
                                  Orchard Farm 29-183-    0.090      0.092      0.088      0.086      0.086      0.089      0.082      0.076      0.074
                                   1004.
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    Table 3 lists data over the last ten years for the monitors with 
incomplete data in comparison with the monitors that determine the 
design value for the St. Louis area. The design value monitor for any 
three year period is the monitor recording the highest levels out of 
all the monitors in the nonattainment area. The design values are used 
to compare against the NAAQS. Table 3 illustrates that the Arnold and 
Tenbrook and Arnold West monitor's three year monitoring averages in 
all cases have been below the design value monitor for the area. It 
also shows the continued decrease in overall ozone levels over this 
period. Although the data from these monitors are used for comparison 
to the 8-hour ozone NAAQS, the table demonstrates they are not the 
monitors that would set the design value for the area. The other 
monitors for the area, including the monitors which have historically 
set the design value for the area, all have complete data and recorded 
attainment of the 1997 8-hour ozone NAAQS during the 2007-2009 period, 
as discussed above and shown in Table 1. Therefore, EPA believes it is 
reasonable to conclude that the area met the NAAQS based on complete 
data from the ten monitors recording values during the 2007-2009 
period.
    EPA finds that Missouri and Illinois have exercised diligence in 
monitoring in the St. Louis area, and have worked cooperatively with 
EPA in evaluating and seeking approval for monitor closures and moves.
    EPA's review of monitoring data from the 2007-2009 monitoring 
period is supported by corroborating data from 2010 and shows that the 
St. Louis area attained the 1997 8-hour ozone NAAQS by its applicable 
attainment date of June 15, 2010.

IV. What is the proposed action?

    This action proposes to determine that the St. Louis area attained 
the 1997 8-hour ozone NAAQS by its applicable attainment date of June 
15, 2010, pursuant to CAA section 181(b)(2).

[[Page 5213]]

V. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and 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 determination that the St. Louis area 
attained the 1997 8-hour ozone NAAQS by its applicable attainment date 
does not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), because the SIPs are not approved to 
apply in Indian country located in the states, 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, ozone, Reporting 
and recordkeeping requirements.

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

    Dated: January 19, 2012.
Karl Brooks,
Regional Administrator, Region 7.
    Dated: January 25, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2336 Filed 2-1-12; 8:45 am]
BILLING CODE 6560-50-P
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