ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R04-OAR-2010-0203-201020; FRL- ] 

Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality 

Planning Purposes; Alabama: Birmingham; Determination of Attaining Data for the 2006 24-

Hour Fine Particulate Matter Standard 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to determine that the Birmingham, Alabama, nonattainment 

area for the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standard 

(NAAQS) has attained the 2006 24-hour PM2,5 NAAQS. This proposed determination is based 

upon complete, quality assured, quality controlled, and certified ambient air monitoring data for 

the years 2007-2009 showing that this area has monitored attainment of the 2006 24-hour PM2,5 

NAAQS. If this proposed determination is made final, the requirement for the State of Alabama 

to submit an attainment demonstration and associated reasonably available control measures 

(RACM), reasonable further progress (RFP) plan, contingency measures, and other planning 

State Implementation Plans (SIPs) related to attainment of the 2006 24-hour PM2,5 standard for 

the Birmingham, Alabama, PM2.5 nonattainment area, shall be suspended for as long as this area 

continues to meet the 2006 24-hour PM2.5 NAAQS. 

DATES: Written comments must be received on or before [ FEDERAL REGISTER OFFICE: 

Insert date 30 days after date of publication in the Federal Registerl_ . 
ADDRESSES : Submit your comments, identified by Docket ID No. EPA-R04-OAR-2010-

0203 by one of the following methods: 

1 . 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-2010-0203," 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 or Courier: 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's normal 

hours of operation. The Regional Office's 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-2010-0203 . 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 by e-mail information that you consider to be CBI or otherwise 

protected. The www.regulations .gov website is an "anonymous access" system, which means 

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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 

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 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 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: 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. Mr. Huey may be reached by phone at (404) 562-9104 or via electronic mail at 

huey joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I . What Action is EPA Taking? 

II. What is the Effect of This Action? 

III. What is the Background for This Action? 

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

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What Action is EPA Taking? 

EPA is proposing to determine that the Birmingham, Alabama, PMZ,S nonattainment area 

has attained the 2006 24-hour PM2.5 NAAQS. This proposed determination is based upon 

complete, quality assured, quality controlled, and certified ambient air monitoring data for the 

years 2007-2009 showing that the area has monitored attainment of the 2006 24-hour PM2,5 

NAAQS . 
II. What is the Effect of This Action? 

As further discussed below, under the provisions of EPA's PM2.5 implementation rule 

(see 40 CFR 51 .1004(c)), a final determination for the Birmingham, Alabama, PM2.5 

nonattainment area would: (1) suspend the requirement for the State of Alabama to submit an 

attainment demonstration and associated RACM (including reasonably available control 

technologies), RFP plan, contingency measures, and any other planning SIPs related to 

attainment of the 2006 24-hour PM2.5 NAAQS; and (2) continue until such time, if any, that EPA 

subsequently determines that the area has violated the 2006 24-hour PM2.5 NAAQS. Such a 

determination would also be separate from, and not influence or otherwise affect, any future 

designation determination or requirements for the Birmingham, Alabama, area. Furthermore, as 

described below, any such final determination would not be equivalent to the redesignation of 

the area to attainment for the 2006 24-hour PM2.5 NAAQS. 

If this rulemaking is finalized and EPA subsequently determines, after notice-andcomment rulemaking in the Federal Register, that the area has violated the 2006 24-hour PM2.5 

NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 

51 .1004(c), would no longer exist and the area would thereafter have to address pertinent 

requirements. ' 

The determination that EPA proposes with this Federal Re ister notice, if finalized, 

would not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act 

(CAA). This is because EPA would not yet have an approved maintenance plan for the area as 

required under section 175A of the CAA, nor would EPA 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 PM2.5 NAAQS until such time as EPA determines that the 

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area meets the CAA requirements for redesignation to attainment. 

This proposed action, if finalized, is limited to a determination that the Birmingham, 

Alabama, PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. The 2006 24-

hour PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144), is set forth 

at 40 CFR 50.13 . This proposed determination, and any final determination, will have no effect 

on any designation determination that EPA may make for the Birmingham, Alabama, area based 

on any future PM2.5 NAAQS. Conversely, any future designation determination of the 

Birmingham, Alabama, area will not have any effect on the determination proposed by this 

notice. In addition, this proposed determination, and any final determination, will have no effect 

on the status of the Birmingham, Alabama, nonattainment area for the 1997 annual PM2.5 

standard . 

If this proposed determination is made final and the Birmingham, Alabama, area 

continues to monitor attainment with the 2006 24-hour PM2.5 NAAQS, the requirement for the 

State of Alabama to submit for the Birmingham, Alabama, PM2.5 nonattainment area an 

attainment demonstration and associated RACM, RFP plan, contingency measures, and any other 

planning SIPs related-to attainment of the 2006 24-hour PM2.5 NAAQS will remain suspended 

regardless of whether EPA designates this area as a nonattainment area for purposes of any 

future PM2.5 NAAQS. 

III. What is the Background for This Action? 

On October 17, 2006 (71 FR 61144), EPA revised the level of the health-based 24-hour 

PM2.5 NAAQS to 35 micrograms per cubic meter (pg/m3) based on a 3-year average of the 98h 

percentile of 24-hour concentrations . EPA also retained the 1997 annual PM2.5 standard at 15 

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Vg/m3 based on a 3-year average of annual mean PM2.5 concentrations, but with tighter 

constraints on the spatial averaging criteria. 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 CAA. EPA and state air 

quality agencies initiated the monitoring process for the PM2.5 NAAQS in 1999 and began 

operating all air quality monitors by January 2001 . On November 13, 2009, EPA published its 

air quality designations and classifications for the 2006 24-hour PM2.5 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 Birmingham, Alabama, area, 

comprising Jefferson County, Shelby County, and a portion of Walker County, was designated 

nonattainment for the 2006 24-hour PM2,5 NAAQS (see 40 CFR part 81). On February 24, 2010, 

the State of Alabama submitted a letter to EPA requesting that the Agency make a determination 

that the Birmingham, Alabama, PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 

NAAQS based on data for the period 2007 through 2009. 

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

EPA has reviewed the ambient air monitoring data for PM2,5, consistent with the 

requirements contained in 40 CFR part 50, as recorded in the EPA Air Quality System (AQS) 

database for the Birmingham, Alabama, 2006 24-hour PM2.5 nonattainment area. All data 

considered have been recorded in the AQS data base, certified as meeting quality assurance 

requirements, and determined to have met data completeness requirements . On the basis of that 

review, EPA has concluded that this area attained the 2006 24-hour PM2.5 NAAQS during the 

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2007-2009 monitoring period. Under EPA regulations at 40 CFR 50.7 : 

The 24-hour primary and secondary PM2,i standards are met when the 98th 

percentile 24-hour concentration, as determined in accordance with appendix N of 

this part, is less than or equal to 35 pglm3. 

The following table shows 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 PMZS NAAQS for the Birmingham, Alabama, nonattainment area monitors for the years 

2007-2009. 

-Hour PMZ.s Design Values for Monitors in the Birmingham, Alabama, Nonattainment 

Area 

Location A OS site ID 

2007 

9e 

Percentile 

2008 

98b 

Percentile 

2009 

98" 

Percentile 

2007-2009 

Design 

Value 

North Birmingham 01-073-0023 42.8 33.5 24.4 . 34 

cAdo 01-073-1005 30.9 25 .8 21.3 26 

Bruce Shaw Road 01-073-1009 31.4 27.3 22.1 27 

sheville Road 01-073-1010 33.0 24.6 19.1 26 

lam 01-073-2003 37.7 33.5 25.2 32 

Hoover 01-073-2006 29.8 25.9 20.4 25 

inson Hi School 01-073-5002 34.2 26.4 21.3 27 

Comer School Road 01-073-5003 32.5 30.0 21.3 28 

elham Hi School 01-117-0006 30.9 24.8 21.2 26 

Highland Avenue 01-127-0002 30.9 24.3 22.1 26 

Because the 2007-2009 design value at each monitor in the Birmingham 2006 24-hour 

PM2.5 nonattainment area is less than the 2006 24-hour PMZ.5 NAAQS of 35 pgIm3, EPA is 

proposing to determine that the area has monitored attainment for this NAAQS. EPA is 

soliciting public comments on the issues discussed in this document. These comments will be 

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considered before taking final action. 

V. Proposed Action 

EPA is proposing to determine that the Birmingham, Alabama, nonattainment area for the 

2006 24-hour PM2,5 NAAQS has attained the 2006 24-hour PM2,5 NAAQS based on 2007-2009 

monitoring data. As provided in 40 CFR 51 .1004(c), if EPA finalizes this determination, it will 

suspend the requirements for the State of Alabama to submit for this area an attainment 

demonstration and associated RACM, RFP plan, contingency measures, and any other planning 

SIPs related to attainment of the 2006 24-hour PM2,5 NAAQS as long as the area continues to 

attain the 2006 24-hour PM2,5 NAAQS. 

VI. Statutory and Executive Order Reviews 

This action proposes to make a determination based on air quality data, and would, if 

finalized, result in the suspension of certain Federal requirements . 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 Reforni Act of 1995 (Public Law 

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, 2006); 

" 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 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 

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental 

relations, Particulate matter, Reporting and recordkeeping requirements. 

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

JUN - 2 2010 

Dated: __-- 

Jun 2 2010 

Acting Regional Administrator, 

Region 4.