### ENVIRONMENTAL PROTECTIONAGENCY 40CFR Part 52 [EPA-R04-OAR-2010-0203-201020; FRL- ] Approval and Promulgation of Implementation Plans and Designations ofAreas for Air Quality Planning Purposes; Alabama: Birmingham ; Determination ofAttaining Datafor the 2006 24- Hour Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA) . 

### ACTION

: Proposed rule. SUMMARY: EPAis 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 PM2,5NAAQS. This proposed determination is based upon complete, quality assured, quality controlled, andcertified ambient air monitoring data for 

### the years 2007-2009 showing that this area has monitored attainment of the 200624-hour PM2,5 NAAQS. If this proposed determination is made final, the requirement for the State ofAlabama 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 PM2,5standard 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 30days 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, Region4, 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 :30to 4 :30, excludingfederal 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 2EPAwill not know your identity or contact information unless you provide it in the body ofyour comment. If 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 of the comment that is placed in the public docket and made available on the Internet . If you submit an electronic comment, EPArecommends that you include your name and othercontact information in the body ofyour 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, EPAmay not be able to consider your comment . Electronic files should avoid the use of special characters, any formof encryption, andbe free of any defects or viruses. For additional information about EPA's public docket visit the EPADocket 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 copyform . 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 . EPArequests that if at all possible, you contact the person listed in the FORFURTHERINFORMATIONCONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30to 4:30, excluding federal holidays.FOR FURTHER INFORMATIONCONTACT: 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 EPATaking? 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 EPATaking? EPAis 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 ofThis Action? As further discussed below, under the provisions of EPA's PM2 .5 implementation rule (see 40CFR51 .1004(c)), a final determination for the Birmingham, Alabama, PM2 .5 nonattainment area would: (1) suspend the requirement forthe State ofAlabama to submit an attainment demonstration and associated RACM (including reasonably available control technologies), RFPplan, 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 andthe area would thereafter have to address pertinent requirements. ' The determination that EPAproposes 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 EPAwould not yet have an approved maintenance plan for the area as required under section 175A of the CAA, nor would EPAhave 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 EPAdetermines that the 5

### area meets the CAArequirements for redesignation to attainment .

This proposed action, iffinalized, is limited to a determination that the Birmingham, Alabama, PM2

.5nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. The 200624- hour PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR61144), is setforth at 40CFR 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 anyfuture PM2.5 NAAQS. Conversely, any future designation determination ofthe 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, therequirement for the State ofAlabama to submit forthe Birmingham, Alabama, PM2 .5 nonattainment area an attainment demonstration andassociated RACM, RFPplan, contingency measures, and any other planning SIPs related-to attainment of the 2006 24-hour PM2 .5 NAAQSwill remain suspended regardless ofwhether EPAdesignates 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), EPArevised 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. EPAalso retained the 1997 annual PM2 .5 standard at 15 6Vg/m3based on a 3-year average of annual mean PM2 .5 concentrations, but with tighter constraints on the spatial averaging criteria. EPAestablished 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 forthe PM2 .5 NAAQS in 1999 and began operating all air quality monitors by January 2001 . On November 13, 2009, EPApublished 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 becameeffective on December 14, 2009 . The Birmingham, Alabama, area, comprisingJefferson County, Shelby County, and a portion ofWalker County, was designated nonattainment for the 2006 24-hour PM2,5 NAAQS (see 40CFRpart 81) . On February 24, 2010, the State ofAlabama submitted a letter to EPArequesting 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? EPAhas reviewed the ambient air monitoring data for PM2,5, consistent with the requirements contained in 40CFRpart 50, as recorded in the EPAAir 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, EPAhas concluded that this area attained the 2006 24-hour PM2 .5 NAAQS during the 7

### 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 Nof this part, is less than or equal to 35 pglm3. The following table shows the design values (the metrics calculated in accordance with 40CFR part 50, appendix N, for determining compliance with the NAAQS) forthe 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

O S site ID 2007

9e Percentile 2008

98b Percentile 2009

98" Percentile 2007-2009

Design Value 

### N orth 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 

### H oover 01-073-2006 29.8 25.9 20 .4 25 inson Hi School 01-073-5002 34.2 26.4 21 .3 27 C omer School Road 01-073-5003 32.5 30.0 21 .3 28 elhamHi 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 Birmingham2006 24-hour PM2 .5 nonattainment area is less than the 2006 24-hour PMZ.5 NAAQSof 35 pgIm3, EPAis proposing to determine that the area has monitored attainment forthis NAAQS. EPAis soliciting public comments on the issues discussed in this document . These comments will be 8

### considered before taking final action.

V . Proposed Action EPAis proposing to determine that the Birmingham, Alabama, nonattainment area for the 2006 24-hour PM2,5NAAQS has attained the 2006 24-hour PM2,5 NAAQS based on 2007-2009 monitoring data. As provided in 40CFR 51 .1004(c), if EPAfinalizes this determination, it will suspend the requirements for the State ofAlabama 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 adetermination basedon 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 reviewby 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 Federalismimplications 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. 272note) because application of those requirements would be inconsistent with the CAA ; and " does 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) . In addition, this proposed rule does not have tribal implications, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIPis 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 preempttribal law .

### List of Subjects

Environmental protection, Airpollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting andrecordkeeping requirements. 

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

## JUN - 2 2010 Dated: __-- Jun 2 2010 Acting Regional Administrator, Region 4 .