[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Proposed Rules]
[Pages 24436-24440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9811]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2011-0347; FRL-9662-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Milwaukee-Racine Nonattainment Area; Determination of 
Attainment for the 2006 24-Hour Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Milwaukee-Racine, 
Wisconsin area has attained the 2006 24-hour fine particle 
(PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS). This 
proposed determination is based upon quality assured, quality 
controlled, and certified ambient air monitoring data, from the 2008-
2010 monitoring period, supplemented by statistical analysis of these 
data, showing that the area has monitored attainment of the 2006 24-
hour PM<INF>2.5</INF> NAAQS. Data available to date for 2011 are 
consistent with continued attainment. On March 7, 2011, the Wisconsin 
Department of Natural Resources (WDNR) requested that EPA approve its 
request for a determination that the Milwaukee-Racine area has attained 
the standard. If EPA finalizes this proposed determination, the 
requirement for the State of Wisconsin

[[Page 24437]]

to submit an attainment demonstration, associated reasonably available 
control measures (RACM) to include reasonably available control 
technology (RACT), 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 for so long as the area continues to attain the 2006 24-hour 
PM<INF>2.5</INF> NAAQS.

DATES: Comments must be received on or before May 24, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0347, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#2a4b485f584b4445044e455f4d464b596a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="0c6d6e797e6d6263226863796b606d7f4c697c6d226b637a">[email protected]</span></a>.
    3. Fax: (312) 408-2279.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
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-R05-OAR-
2011-3047. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Gilberto Alvarez, Environmental 
Scientist, at (312) 886-6143 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental 
Scientist, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6143, 
<a href="/cdn-cgi/l/email-protection#1e7f72687f6c7b64307977727c7b6c6a715e7b6e7f30797168"><span class="__cf_email__" data-cfemail="66070a100714031c48010f0a04031412092603160748010910">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What action is EPA taking?
II. What is the background for this action?
III. What is EPA's analysis of the Relevant Air Quality Data?
IV. How did EPA address missing data?
V. Proposed Action
VI. What is the effect of this action?
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Milwaukee-Racine area has 
attained the 2006 24-hour PM<INF>2.5</INF> NAAQS. This proposed 
determination is based upon quality-assured, quality controlled, and 
certified ambient air monitoring data, from the 2008-2010 monitoring 
period, supplemented by an analysis of whether two sites that were shut 
down at the end of 2009 would likely have shown attainment had they 
continued operating. Data in the EPA Air Quality System database 
available for 2011 are consistent with continued attainment.

II. What is the background for this action?

    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 three-year average 
of annual mean PM<INF>2.5</INF> concentrations, and promulgated a 24-
hour standard of 35 [mu]g/m\3\ based on a three-year average of the 
98th percentile of 24-hour concentrations. On November 13, 2009, EPA 
designated the Milwaukee-Racine area as nonattainment for the 2006 24-
hour standard (74 FR 58688). 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> standards. This 
rule, at 40 CFR 51.1004(c), specifies some of the regulatory 
consequences of a determination that an area has attained the 
PM<INF>2.5</INF> standards. While 40 CFR 51.1004(c) was promulgated as 
part of a set of regulations addressing PM<INF>2.5</INF> NAAQS 
promulgated in 1997, EPA believes that the same approach is warranted 
with respect to the PM<INF>2.5</INF> NAAQS promulgated in 2006.
    EPA established the standards based on significant evidence and 
numerous health studies demonstrating that serious health effects are 
associated with exposure to particulate matter. The process for 
designating areas following promulgation of a new or revised NAAQS is 
contained in section 107(d)(1) of the Clean Air Act (CAA). EPA and 
state air quality agencies initiated the monitoring process for the 
PM<INF>2.5</INF> NAAQS in 1999 and began operating a full set of air 
quality monitors by January 2001.
    On November 13, 2009, EPA published its air quality designations 
and classifications for the 2006 24-hour PM<INF>2.5</INF> NAAQS based 
upon air quality monitoring data from those monitors for calendar years 
2006-2008 (74 FR 58688). Those designations became effective on 
December 14, 2009. The Milwaukee-Racine area was designated 
nonattainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS (see 40 CFR 
part 81). On March 7, 2011, the WDNR requested that EPA approve its 
request for a determination that the area has attained the standard, 
based upon data from the 2008-2010 monitoring period.

[[Page 24438]]

III. What is EPA's analysis of the Relevant Air Quality Data?

    Today's proposed rulemaking assesses whether the Milwaukee-Racine 
PM<INF>2.5</INF> nonattainment area is attaining the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, based on the most recent three years of 
quality-assured data. The area is defined at 40 CFR 81.350, and 
comprises Milwaukee, Racine and Waukesha Counties.
    Under EPA regulations at 40 CFR 50.7, 24-hour primary and secondary 
PM<INF>2.5</INF> standards are met when the 98th percentile 24-hour 
concentrations, as determined in accordance with appendix N of this 
part, is less than or equal to 35 [mu]g/m\3\.

Milwaukee-Racine Air Quality

    EPA has reviewed the ambient air monitoring data for the Milwaukee-
Racine 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 three-year period from 2008 
to 2010, as well as additional data representing three of four quarters 
in 2011.
    The following table provides the design values (the metrics 
calculated in accordance with 40 CFR part 50, appendix N, for 
determining compliance with the NAAQS) for the 2006 24-hour 
PM<INF>2.5</INF> NAAQS for the Milwaukee-Racine nonattainment monitors 
with data for the years 2008-2010.

Table 1--Milwaukee-Racine Area 24-Hour PM2.5 98th Percentile Concentrations and Design Values From 2008-2010 (in
                                                   [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                                   24-Hour 98 Percentile FRM PM2.5 concentration     Resulting
            Site name                Site No.    ------------------------------------------------  design  value
                                                       2008            2009            2010              *
----------------------------------------------------------------------------------------------------------------
Milw-DNR SERHQ..................       550790026            27.5            39.0            31.9              33
Waukesha........................       551330027            29.9            32.0            35.9              33
Milw-16th CHC...................       550790010            27.3            39.1            30.9              32
Milw-FAA/College Ave............       550790058            26.9            33.0            35.3              31
Virginia Street.................       550790043            27.4            41.7              **              35
Wells Street....................       550790099            29.0            40.3              **              35
----------------------------------------------------------------------------------------------------------------
* Design Values were developed in accordance with 40 CFR part 50 appendix N; FRM--Federal Reference Method.
** Indicates incomplete data due to monitor shut down.

IV. How did EPA address missing data?

    Appendix N of 40 CFR part 50 sets forth data handling conventions 
and computations necessary for determining whether areas have met the 
PM<INF>2.5</INF> NAAQS, including requirements for data completeness. A 
monitor meets data completeness requirements when at least 75 percent 
of the scheduled sampling days of each quarter have valid data. The use 
of less than complete data is subject to the approval of EPA, which may 
consider factors such as monitoring site closures/moves, monitoring 
diligence, and nearby concentrations in determining whether to use such 
data as set forth at 40 CFR part 50, appendix N, section 4.1(c).
    As part of their annual monitoring network review and to save 
resources, WDNR discontinued two monitoring sites (Site Numbers 
550790043 and 550790099) on December 31, 2009, resulting in incomplete 
data for those two sites for 2010. Data from Milwaukee area monitors 
are shown in Table 1. When Wisconsin requested to shut down two 
monitors, four of the six monitors within the Milwaukee-Racine area 
were violating the 2006 24-hour PM<INF>2.5</INF> NAAQS, including the 
two sites WDNR requested to shut down. In 2010, the remaining two 
violating sites in Milwaukee had data showing that they attained the 
2006 24-hour PM<INF>2.5</INF> NAAQS for the 2008-2010 monitoring 
period. However, because the two sites which were shut down at the end 
of 2009 were also violating, EPA needed to determine if those two sites 
would likely have met the 2006 24-hour PM<INF>2.5</INF> NAAQS if they 
had continued operating. The approach summarized in this section, and 
further described in the Technical Support Document (TSD), may or may 
not be appropriate for other areas with less than complete data. EPA 
will evaluate the appropriateness of this analytical approach for each 
area with less than complete data on a case-by-case basis. The analysis 
described below is similar to analyses conducted for other areas, such 
as the West Virginia/Kentucky/Ohio Huntington-Ashland Nonattainment 
Area, except that the analysis presented here is addressing the 24-hour 
PM<INF>2.5</INF> NAAQS as opposed to the annual PM<INF>2.5</INF> NAAQS 
(76 FR 27290).

Monitoring Network

    EPA has determined that the 2006 PM<INF>2.5</INF> monitoring 
network for Milwaukee-Racine nonattainment area is adequate, even 
though two monitors have been shut down. The area currently has four 
monitoring locations. Under 40 CFR part 58, appendix D, a minimum of 
three monitors is required. While the area meets the minimum 
requirements, EPA and the State recognize that more monitors are often 
necessary to adequately characterize air quality. Therefore, EPA has 
requested that WDNR re-establish one monitor (Site Number 550790099). 
This monitor has been placed back into service as of January 2012. 
Nevertheless, EPA believes that sufficient data are currently available 
to determine whether the Milwaukee-Racine area is attaining the 
standard.

Methodology

    In situations like those in Milwaukee, where there are missing or 
incomplete data due to monitor shutdown or other factors, EPA believes 
that it is often appropriate to use historical data along with 
statistical techniques to impute missing data, use those imputed data 
to estimate the three-year design value that would likely have occurred 
if complete data had been obtained, and thereby determine if the 
monitor in question would likely have met the NAAQS.
    The statistical technique in this case required comparing the two 
monitoring sites with missing 2010 data against a comparison monitor 
which is in the general vicinity of the sites with missing data. The 
comparison monitor is usually the highest correlated site based on 
historical data. For this reason, the two sites which were shut down 
(Site Numbers 550790043 and 550790099) were compared with an active 
monitoring site (Site Number 550790026). These monitors are located 
within 3 miles and 2 miles, respectively, of the comparison monitor.
    A review of historical data for the four monitors that were 
violating the 24-hour PM<INF>2.5</INF> NAAQS in the area shows that the

[[Page 24439]]

98th percentiles from the two discontinued monitors generally tracked 
the other two violating monitors well, in that all four sites had 98th 
percentiles that rose and fell with each other, especially during the 
period from 2007 and continuing through 2009. If this pattern continued 
into 2010, there is a strong statistical likelihood, as discussed 
below, that the two discontinued monitors would have had 98th 
percentile values that would have been less than those seen in 2009. If 
2010 were consistent with 2007 through 2009, the 98th percentile 
concentrations for the two missing monitors would be below the design 
value, which would have resulted in the two sites showing attainment.
    As part of the analysis of the missing data, a set of statistical 
regression techniques were used to provide further information 
regarding the two discontinued monitors' attainment status. The method 
used to determine the design value for the two discontinued monitors 
involves establishing a statistical relationship between data for those 
two monitors (Site Numbers 550790043 and 550790099) and for the monitor 
which was best correlated with these monitors and remained in operation 
(in this analysis, Site Number 550790026). A regression equation was 
used to estimate values to fill in for the missing data from the 
discontinued monitors. This analysis provided a ``best estimate'' 
design value for the two sites without 2010 data.
    The estimated design values were then analyzed using a 
bootstrapping statistical method, intended to assess the 2010 
concentrations that would have been expected at the sites without 2010 
monitoring data had there been random observed associations between the 
shutdown sites and the comparison site according to the pre-2010 data 
base. Bootstrapping involves the use of regression residuals and 
repeating the regression analysis 1,000 times. EPA accepts a monitor as 
meeting the standard when at least 90% of the bootstrapped design 
values meet the standard. After extensive statistical analysis, the 
percentage of bootstrapping results that met the 2006 24-hour 
PM<INF>2.5</INF> NAAQS of 35 [mu]g/m\3\ were consistently at or above 
90%.
    Therefore, EPA proposes to conclude that both discontinued monitors 
would have attained the NAAQS, along with the two monitors which 
remained in operation. Data available to date for 2011 are consistent 
with continued attainment.

V. Proposed Action

    EPA is proposing to determine that the Milwaukee-Racine 
nonattainment area has attained the 2006 24-hour PM<INF>2.5</INF> 
NAAQS. This proposed determination is based on the analysis presented 
in the previous section, and because the 2008-2010 design value at each 
monitor in the Milwaukee-Racine nonattainment area is at or less than 
the 2006 24-hour PM<INF>2.5</INF> NAAQS of 35 [mu]g/m\3\. This review 
addresses air quality data collected in the three-year period from 2008 
to 2010, as well as additional data representing three of four quarters 
in 2011.
    Pursuant to section 40 CFR 51.1004(c), applicable to the 
PM<INF>2.5</INF> standards, if EPA finalizes this proposed 
determination, it will suspend the requirements for WDNR to submit for 
this area an attainment demonstration and associated RACM/RACT, RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 2006 24-hour PM<INF>2.5</INF> NAAQS for as long as 
the area continues to attain the 2006 24-hour PM<INF>2.5</INF> NAAQS.

VI. What is the effect of this action?

    Pursuant to section 40 CFR 51.1004(c), if EPA finalizes this 
proposed determination for the Milwaukee-Racine nonattainment area, it 
would suspend the requirements for the State to submit an attainment 
demonstration and RACM (including RACT), RFP, contingency measures, and 
any other planning SIPs related to attainment of the 2006 24-hour 
PM<INF>2.5</INF> NAAQS, and continue until such time, if any, that EPA 
subsequently determines that the area has violated the 2006 24-hour 
PM<INF>2.5</INF> NAAQS. Furthermore, as described below, any such final 
determination would not be equivalent to the redesignation of the area 
to attainment based on the 2006 24-hour PM<INF>2.5</INF> NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 2006 24-hour PM<INF>2.5</INF> NAAQS, the basis 
for the suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist for the pertinent area, and WDNR 
would have to address the relevant requirements for that area. EPA's 
proposed determination, that the air quality data show attainment of 
the 2006 24-hour PM<INF>2.5</INF> NAAQS, is not equivalent to the 
redesignation of the area to attainment. This action would not 
constitute a redesignation to attainment under 107(d)(3) of the CAA, 
because EPA would not yet have an approved maintenance plan for the 
area as required under 175A of the CAA, nor would it have determined 
that the area has met the other requirements for redesignation. The 
designation status of the area would remain nonattainment for the 2006 
24-hour PM<INF>2.5</INF> NAAQS until such time as EPA approves all 
remaining requirements and determines that the area meets the CAA 
requirements for redesignation to attainment.
    This action is limited to a determination that the Milwaukee-Racine 
area has attained the 2006 24-hour PM<INF>2.5</INF> NAAQS. The 2006 
PM<INF>2.5</INF> NAAQS, which became effective on December 18, 2006 (71 
FR 61144) are set forth at 40 CFR 50.13.

VII. 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);
    <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

[[Page 24440]]

practicable and legally permissible methods, under Executive Order 
12898 (59 FR 7629, February 16, 1994). In addition, this proposed 2006 
24-hour PM<INF>2.5</INF> clean NAAQS data determination for the 
Milwaukee-Racine, Wisconsin 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, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-9811 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P


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