Approval and Promulgation of Air Quality Implementation Plans; Maryland; Baltimore Nonattainment Area Determinations of Attainment of the 1997 Annual Fine Particulate Standard

May 23, 2012 (Environmental Protection Agency Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: EPA is taking action to finalize two separate and independent determinations regarding the fine particulate matter (PM2.5) nonattainment area of Baltimore (hereafter referred to as the "Baltimore Area" or "Area"). First, EPA is determining that the Baltimore Area has attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). This determination is based upon complete, quality-assured, and certified ambient air monitoring data for the 2008-2010 monitoring period showing that the Area has monitored attainment of the 1997 annual PM2.5 NAAQS, and data available to date for 2011 in EPA's Air Quality System (AQS) database showing that the Area continues to attain. Under EPA's PM2.5 implementation regulations, this final determination suspends obligation of the Area to submit an attainment demonstration and associated reasonably available control measures and reasonably available control technologies (RACM/RACT), a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plan (SIP) revisions related to the attainment of the standard for so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. EPA is also determining, based on complete quality-assured and certified monitoring data for the 2007-2009 monitoring period, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. In addition, EPA is withdrawing its July 31, 2009 (74 FR 38161) proposed determination of attainment for the Baltimore Area, because more recent monitoring data has become available. EPA is finalizing a determination of attainment for the Baltimore Area, in accordance with the requirements of the (CAA).

DATES: This final rule is effective on June 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2011-0819. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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 through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Emlyn Velez-Rosa, (215) 814-2038, or by email at velez-rosa.emlyn@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever "we," "us," or "our" is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. What is EPA's analysis of the relevant air quality data? III. Summary of Public Comment and EPA Response IV. Final Action I. Background On July 18, 1997 (62 FR 36852), EPA established a health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m3) based on a 3-year average of annual mean PM2.5 concentrations (hereafter referred to as "the annual PM2.5 NAAQS" or "the annual standard"). At that time, EPA also established a 24-hour standard of 65 [mu]g/m3 (the "1997 24-hour standard"). See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air quality designations and classifications for the 1997 PM2.5 NAAQS based upon air quality monitoring data from those monitors for calendar years 2001-2003. These designations became effective on April 5, 2005. The Baltimore Area was designated nonattainment for the 1997 PM2.5 NAAQS during this designations process. See 40 CFR 81.321 (Maryland).

On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual PM2.5 NAAQS at 15.0 [mu]g/m3 based on a 3-year average of annual mean PM2.5 concentrations, and promulgated a 24-hour standard of 35 [mu]g/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations (the "2006 24-hour standard"). On November 13, 2009, EPA designated the Baltimore Area as attainment for the 2006 24-hour standard. In that action, EPA also clarified the designations for the PM2.5 NAAQS promulgated in 1997, stating that the Baltimore Area was attainment for the 1997 24-hour standard (74 FR 58688). Today's action, however, does not address either the 1997 or the 2006 24-hour standard.

In response to legal challenges of the annual standard promulgated in 2006, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) remanded this standard to EPA for further consideration. See American Farm Bureau Federation and National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given that the 1997 and 2006 annual standards are essentially identical, attainment of the 1997 annual standard would also indicate attainment of the remanded 2006 annual standard.

On April 25, 2007 (72 FR 20664), EPA promulgated its PM2.5 implementation rule, codified at 40 CFR part 51, subpart Z, in which EPA provided guidance for state and tribal plans to implement the 1997 PM2.5 standard. This rule, at 40 CFR 51.1004(c), specifies some of the regulatory consequences of attaining the standard, as discussed later.

Under CAA section 179(c), EPA is required to make a determination that a PM2.5 nonattainment area has attained by its applicable attainment date, and publish that determination in the Federal Register . On November 23, 2011 (76 FR 72374), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland, proposing to determine that the Baltimore Area has attained the 1997 annual PM2.5 NAAQS, based on the most recent three years of complete, quality-assured and certified data and data available to date for 2011. EPA also proposed, based on complete, quality-assured and certified data for 2007-2009 that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010. EPA's determinations are in accordance with the CAA, EPA's PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664), and other applicable regulations. During the comment period on its proposed determinations, EPA received a comment letter from Earthjustice on December 23, 2011. A summary of the comments submitted by Earthjustice and EPA's responses are provided in section III of this document.

II. 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 and based on data from the EPA AQS database for the Baltimore Area, for the monitoring periods of 2007-2009, 2008-2010, and for data available to date for 2011. Based upon the most recent three years of complete, quality-assured, quality-controlled, and certified ambient air monitoring data as well as the data available to date for 2011, EPA determines that the Baltimore Area has monitored attainment of the 1997 annual PM2.5 standard. EPA also determines, based on complete, quality-assured and certified 2007-2009 monitoring data, that the Area attained the 1997 annual PM2.5 NAAQS by its applicable attainment date of April 5, 2010.

Under EPA regulations at 40 CFR 50.7(b), the annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR part 50, appendix N, is less than or equal to 15.0 [mu]g/m3. The values calculated in accordance with 40 CFR part 50, appendix N, are referred to as design values, and these values are used to determine if an area is attaining the PM2.5 NAAQS.

The air quality monitoring network design criteria, established in 40 CFR part 58 appendix D, describe the specific requirements for the number and location of Federal Reference Method (FRM), Federal Equivalent Method (FEM), and Approved Regional Method (ARM) monitoring sites for specific pollutants. The network criteria apply to the Baltimore-Towson, Maryland Metropolitan Statistical Area (hereby "the Baltimore MSA"), which consists of Baltimore City and the counties of Anne Arundel, Baltimore, Carroll, Harford, Howard, and Queen Anne's. Metropolitan areas are determined using the statistical-based definitions provided by the Office of Management and Budget and the Census Bureau. Section 4.7.1 of appendix D requires the Baltimore MSA network to operate at a minimum two PM2.5 monitoring sites. Currently, the Baltimore MSA network consists of eight PM2.5 FRM monitors and one PM2.5 FEM monitor. Thus, EPA has determined that the PM2.5 monitoring network in the Baltimore MSA is adequate, in accordance with 40 CFR part 58, appendix D.

Additionally, EPA has determined that the PM2.5 Baltimore MSA monitoring network meets all relevant criteria specified in 40 CFR part 58 and is in accordance with the monitoring network plans that have been reviewed and approved by EPA on an annual basis. Additional information about the monitoring network and air quality data was included in the Technical Support Document (TSD) for this action which is available online at www.regulations.gov, Docket number EPA-R03-OAR-2011-0819.

III. Summary of Public Comment and EPA Response The commenter, Earthjustice, objected generally to EPA's proposed attainment determination for the 1997 annual PM2.5 NAAQS for the Baltimore nonattainment area, on the basis that such determination relies on deficient monitoring data. The commenter asserts that there are various deficiencies with the monitoring network and data.

--This is a summary of a Federal Register article originally published on the page number listed below-- Final rule.

CFR Part: "40 CFR Part 52" Citation: "77 FR 30208" Document Number: "EPA-R03-OAR-2011-0819; FRL-9674-5" Federal Register Page Number: "30208" "Rules and Regulations"

[ Back To Technology News's Homepage ]