[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Proposed Rules]
[Pages 30310-30313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13083]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0380; A-1-FRL-9156-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Determination of Attainment of the 1997 Ozone Standard for 
the Greater Connecticut Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Greater 
Connecticut, moderate 1997 8-hour ozone nonattainment area has attained 
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. If this proposed determination is made final, under the 
provisions of EPA's ozone implementation rule, the requirements for 
this area to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans related to attainment of the 1997 8-hour ozone 
NAAQS shall be suspended for so long as the area continues to attain 
the 1997 ozone NAAQS. In addition, EPA is proposing to determine that 
this area has attained the 1997 ozone NAAQS as of June 15, 2010, its 
applicable attainment date, provided that the area continues to attain 
the standard through June 15, 2010.

DATES: Written comments must be received on or before July 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0380 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#b6d7c4d8d9dad298d7d8d8d3f6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="69081b0706050d470807070c290c1908470e061f">[email protected]</span></a>
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2010-0380,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New 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 Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912. 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-R01-OAR-
2010-0380. 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 through http://www.regulations.gov, or e-mail,

[[Page 30311]]

information that you consider to be CBI or otherwise protected. 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 e-
mail comment directly to EPA without going through http://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.
    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, 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 http://www.regulations.gov or in hard copy at Office of Ecosystem Protection, 
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 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 legal holidays.

FOR FURTHER 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, e-
mail <a href="/cdn-cgi/l/email-protection#84c6f1f6efece5f6f0aad6ede7ece5f6e0c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="eaa89f9881828b989ec4b88389828b988eaa8f9a8bc48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What actions is EPA taking?
II. What is the effect of these actions?
III. What is the background for these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Actions
VI. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Greater Connecticut, 
moderate 8-hour ozone nonattainment area has attained 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 of the 1997 ozone NAAQS for the 2007-2009 
monitoring period. In addition, under section 181(b)(2)(A) of the Clean 
Air Act (CAA), EPA is proposing to determine that this area has 
attained the 1997 ozone NAAQS by its applicable attainment date (June 
15, 2010), provided that the area continues to attain the standard as 
of June 15, 2010. EPA will not finalize this determination unless the 
area continues to attain the standard through June 15, 2010.

II. What is the effect of these actions?

    If EPA's determination that the area is attaining the standard is 
made final, under the provisions of EPA's ozone implementation rule 
(see 40 CFR 51.918), the requirements for the Greater Connecticut 
moderate ozone nonattainment area to submit an attainment 
demonstration, a reasonable further progress plan, section 172(c)(9) 
contingency measures, and any other planning State Implementation Plans 
(SIPs) related to attainment of the 1997 8-hour ozone NAAQS would be 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone NAAQS. This proposed action, if finalized, would not constitute a 
redesignation to attainment under the Clean Air Act (CAA) section 
107(d)(3), because we 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 EPA determines that the area meets the CAA 
requirements for redesignation to attainment.
    If this determination of attainment is finalized and EPA 
subsequently determines, after notice-and-comment rulemaking in the 
Federal Register, that the area has violated the 1997 8-hour ozone 
standard, the basis for the suspension of these requirements would no 
longer exist, and the area would thereafter have to address the 
pertinent CAA requirements. It should be noted that Connecticut 
submitted an attainment demonstration, reasonable further progress plan 
and contingency measures for this area on February 1, 2008. EPA has not 
taken action on these submittals for the Greater Connecticut area.
    In addition, under section 181(b)(2)(A) of the CAA and the 
provisions of EPA's ozone implementation rule (see 40 CFR 51.902(a)), 
EPA is proposing to determine that this area has attained the 1997 
ozone NAAQS by its applicable attainment date of June 15, 2010, 
provided that the area continues to attain the standard through June 
15, 2010. The effect of a final determination of attainment 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.

III. What is the background for this action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. The Greater 
Connecticut area was designated as a moderate ozone nonattainment area. 
The Greater Connecticut area consists of the following Connecticut 
counties: Hartford, Litchfield, New London, Tolland and Windham. Recent 
air quality data, however, indicate that the Greater Connecticut area 
is now attaining the 1997 8-hour ozone standard.

IV. What is EPA's analysis of the relevant air quality data?

    The EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR Part 50 and 
recorded in the Air Quality Data System (AQS) database, for Greater 
Connecticut, from 2007 through 2009. On the basis of that review, EPA 
proposes to conclude that the area attained the 1997 8-hour ozone 
standard at the end of the 2009 ozone season, based on three years of 
complete, quality-assured and state-certified 2007-2009 ozone data.
    Under EPA regulations at 40 CFR Part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is

[[Page 30312]]

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 I). 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 of days 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 maximum 8-hour average ozone 
concentrations for the Greater Connecticut 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 Greater Connecticut Area
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                                                                                                        Design
               Site ID                     Site location        4th High     4th High     4th High    value (07-
                                                                  2007         2008         2009         09)
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090050006...........................  Cornwall..............           89           77           70           78
090031003...........................  East Hartford.........           97           80           66           81
090110008...........................  Groton................           89  ...........  ...........  ...........
090110124...........................  Groton................       \1\ 92           80           73           81
090131001...........................  Stafford..............           87           84           74           81
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    EPA's review of these data indicates that the Greater Connecticut 
ozone nonattainment area has met the 1997 8-hour ozone NAAQS, based on 
2007-2009 data. EPA believes these data establish the likelihood that 
the Greater CT area will also be attaining the standard as of its 
applicable attainment date of June 15, 2010. Thus, in accordance with 
CAA section 181(b)(2), EPA is also proposing to determine that the 
Greater CT area has attained the standard by its applicable attainment 
date, provided that the area continues to be in attainment of the 
standard as of that date. EPA will not finalize this proposed 
determination of attainment by the area's attainment date unless the 
area is in attainment as of June 15, 2010.
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    \1\ Groton site relocated in 2007. Data collected at both sites 
for 2007. The site was relocated because site 090110008 was in 
danger of not meeting EPA siting criteria due to nearby trees, which 
could not be cut. Site 090110124 was chosen, in part since it is a 
CT DEP owned site and can remain at this location for a long time. 
The new site is less than three miles from the old site and measures 
comparable air quality. Both sites meet data capture requirements 
for 2007. EPA approved this relocation in 2007.
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    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters pertaining to this rulemaking 
action. These comments will be considered before EPA takes final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting written comments to the EPA New England 
Regional Office listed in the ADDRESSES section of this Federal 
Register.

V. Proposed Actions

    EPA is proposing to determine that the Greater Connecticut 1997 8-
hour ozone moderate nonattainment area has attained the 1997 8-hour 
ozone standard, based on complete, quality-assured data from 2007 
through 2009. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for Connecticut to 
submit planning SIPs related to attainment of the 1997 8-hour ozone 
NAAQS for this area, for so long as the area continues to attain the 
standard.\2\ In addition, under section 181(b)(2)(A) of the Clean Air 
Act and the provisions of EPA's ozone implementation rule (see 40 CFR 
Section 51.902(a)), EPA is proposing to determine that this area has 
attained the 1997 ozone NAAQS by its applicable attainment date of June 
15, 2010, provided that the area continues in attainment as of that 
date. EPA will not finalize this determination unless the area 
continues to attain through June 15, 2010.
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    \2\ Connecticut submitted an attainment demonstration, 
reasonable further progress plan and contingency measures for this 
area on February 1, 2008. EPA has not taken action on these 
submittals.
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VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on 
air quality, and would, if finalized; result in the suspension of 
certain Federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
    <bullet> Are 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> Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Do 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> Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Are not subject to the 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 Clean Air Act; and
    <bullet> Do 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 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.

[[Page 30313]]

List of Subjects in 40 CFR Part 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.

    Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New England.
[FR Doc. 2010-13083 Filed 5-28-10; 8:45 am]
BILLING CODE 6560-50-P


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