Approval and Promulgation of Air Quality Implementation Plans; The Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard, 62945-62948 [E8-25160]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Proposed Rules
Secretary’s Order 5–2007 (72 FR 31160),
and 29 CFR Part 1911.
Signed at Washington, DC, this 16th day of
October 2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–25079 Filed 10–21–08; 8:45 am]
BILLING CODE 4510–26–P
ENVIRONMENTAL PROTECTION
AGENCY
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 a.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
[EPA–R05–OAR–2008–0389; FRL–8711–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Approval of Rule
Clarifications
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
15:17 Oct 21, 2008
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In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
SUMMARY: EPA is proposing to approve
revisions to the Wisconsin State
Implementation Plan (SIP) submitted by
the Wisconsin Department of Natural
Resources (WDNR) on March 28, 2008.
The WDNR has submitted for approval
revisions to incorporate Federal
regulations into the Wisconsin
Administrative Code, to clarify
construction permit requirements under
general permits, to revise portable
source relocation requirements, and to
amend rule language to streamline the
minor revision permit process to allow
construction permits to be issued
concurrently with operation permits.
EPA is approving these revisions
because they are consistent with Federal
regulations governing State permit
programs.
DATES: Comments must be received on
or before November 21, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2008–0389, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: blakley.pamela@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: Pamela Blakley, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
VerDate Aug<31>2005
Susan Castellanos, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–2654,
castellanos.susan@epa.gov.
Dated: August 21, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
[FR Doc. E8–25040 Filed 10–21–08; 8:45 am]
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62945
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0736; FRL–8732–2]
Approval and Promulgation of Air
Quality Implementation Plans; The
Metropolitan Washington
Nonattainment Area; Determination of
Attainment of the Fine Particle
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to
determine that the Metropolitan
Washington, DC-MD-VA nonattainment
area for the 1997 fine particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) has attained the 1997 PM2.5
NAAQS. This proposed determination
is based upon quality assured, quality
controlled, and certified ambient air
monitoring data that show that the area
has monitored attainment of the 1997
PM2.5 NAAQS since the 2004–2006
monitoring period, and continues to
monitor attainment of the standard
based on 2005–2007 data. In addition,
quality controlled and quality assured
monitoring data for 2008 that are
available in the EPA Air Quality System
(AQS) database, but not yet certified,
show this area continues to attain the
1997 PM2.5 NAAQS. If this proposed
determination is made final, the
requirements for this area to submit an
attainment demonstration and
associated reasonably available
measures, a reasonable further progress
plan, contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the
standard shall be suspended for so long
as the area continues to attain the 1997
PM2.5 NAAQS.
DATES: Written comments must be
received on or before November 21,
2008.
Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2008–0736 by one of the
following methods:
A. www.regulations.gov. Follow the
online instructions for submitting
comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2008–0736,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
ADDRESSES:
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Proposed Rules
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2008–
0736. 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 e-mail. 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 e-mail
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.
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 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:
Melissa Linden, (215) 814–2096, or by
e-mail at linden.melissa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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‘‘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 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 Metropolitan Washington, DC-MDVA PM2.5 nonattainment area has
attained the 1997 PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 PM2.5 NAAQS since the 2004–
2006 monitoring period, and monitoring
data that continue to show attainment of
the 1997 PM2.5 NAAQS based on the
2005–2007 data. In addition, quality
controlled and quality assured
monitoring data for 2008 that are
available in the EPA AQS database, but
not yet certified, show this area
continues to attain the 1997 PM2.5
NAAQS.
II. What Is the Effect of This Action?
If this determination is made final,
under the provisions of EPA’s PM2.5
implementation rule (see 40 CFR
51.1004(c)), the requirements for the
Metropolitan Washington, DC-MD-VA
PM2.5 nonattainment area to submit an
attainment demonstration and
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and any
other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS
would be suspended for so long as the
area continues to attain the 1997 PM2.5
NAAQS.
As further discussed below, the
proposed determination would: (1) For
the Metropolitan Washington, DC-MDVA nonattainment area, suspend the
requirements to submit an attainment
demonstration and associated
reasonably available control measures
(RACM) (including reasonably available
control technologies (RACT)), a
reasonable further progress plan (RFP),
contingency measures, and any other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS; (2) continue
until such time, if any, that EPA
subsequently determines that the area
has violated the 1997 PM2.5 NAAQS; (3)
be separate from, and not influence or
otherwise affect, any future designation
determination or requirements for the
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Metropolitan Washington, DC-MD-VA
area based on the 2006 PM2.5 NAAQS;
and (4) remain in effect regardless of
whether EPA designates this area as a
nonattainment area for purposes of the
2006 PM2.5 NAAQS. Furthermore, as
described below, any such final
determination would not be equivalent
to the redesignation of the area to
attainment based on the 1997 PM2.5
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 1997 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 the pertinent requirements.
The determination that EPA proposes
with this Federal Register notice, that
the air quality data shows attainment of
the 1997 PM2.5 NAAQS, is not
equivalent to the redesignation of the
area to attainment. This proposed
action, if finalized, would not constitute
a redesignation to attainment under
section 107(d)(3) of the Clean Air Act
(CAA), 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 designation status of
the area would remain nonattainment
for the 1997 PM2.5 NAAQS until such
time as EPA determines that it meets the
CAA requirements for redesignation to
attainment.
This proposed action, if finalized, is
limited to a determination that the
Metropolitan Washington, DC-MD-VA
PM2.5 area has attained the 1997 PM2.5
NAAQS. The 1997 PM2.5 NAAQS
became effective on July 18, 1997 (62 FR
36852) and are set forth at 40 CFR 50.7.
The 2006 PM2.5 NAAQS, which became
effective on December 18, 2006 (71 FR
61144) are set forth at 40 CFR 50.13.
EPA is currently in the process of
making designation determinations, as
required by CAA section 107(d)(1), for
the 2006 PM2.5 NAAQS. EPA has not
made any designation determination for
the Metropolitan Washington, DC-MDVA area based on the 2006 PM2.5
NAAQS. This proposed determination,
and any final determination, will have
no effect on, and is not related to, any
future designation determination that
EPA may make based on the 2006 PM2.5
NAAQS for the Metropolitan
Washington, DC-MD-VA area.
Conversely, any future designation
determination of the Metropolitan
Washington, DC-MD-VA area, based on
the 2006 PM2.5 NAAQS, will not have
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any effect on the determination
proposed by this notice.
If this proposed determination is
made final and the Metropolitan
Washington, DC-MD-VA area continues
to demonstrate attainment with the 1997
PM2.5 NAAQS, the requirements for the
Metropolitan Washington, DC-MD-VA
area to submit an attainment
demonstration and associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and any other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS would remain
suspended, regardless of whether EPA
designates this area as a nonattainment
area for purposes of the 2006 PM2.5
NAAQS. Once the area is designated for
the 2006 NAAQS, it will have to meet
all applicable requirements for that
designation.
III. What Is the Background for This
Action?
On July 18, 1997 (62 FR 36852), EPA
established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic
meter (µg/m3) based on a 3-year average
of annual mean PM2.5 concentrations,
and a twenty-four hour standard of 65
µg/m3 based on a 3-year average of the
98th percentile of 24-hour
concentrations. EPA established the
standards based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures 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 1997 PM2.5 NAAQS in
1999, and developed all air quality
monitors by January 2001. 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 Metropolitan
Washington, DC-MD-VA (Charles,
Frederick, Montgomery, Prince
George’s, Alexandria, Arlington, Fairfax,
Loudoun, Prince William, Falls Church,
Manassas, Manassas Park, Fairfax City,
and the District of Columbia) area was
designated nonattainment for the 1997
PM2.5 NAAQS (see 40 CFR part 81).
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 and recorded in the EPA
AQS database for the Metropolitan
Washington, DC-MD-VA PM2.5
nonattainment area from 2004 through
62947
the present time. On the basis of that
review, EPA has concluded that this
area attained the 1997 PM2.5 NAAQS
since the 2004–2006 monitoring period,
and continues to monitor attainment of
the NAAQS based on 2005–2007 data.
In addition, quality controlled and
quality assured monitoring data for 2008
that are available in the EPA AQS
database, but not yet certified, show this
area continues to attain the 1997 PM2.5
NAAQS.
Under EPA regulations at 40 CFR Part
50, § 50.7:
(1) 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 µg/m3.
(2) The 24-hour primary and
secondary PM2.5 standards are met when
the 98th percentile 24-hour
concentration, as determined in
accordance with 40 CFR part 50,
Appendix N, is less than or equal to 65
µg/m3.
Table 1 shows the design values for
the 1997 Annual PM2.5 NAAQS for the
Metropolitan Washington, DC-MD-VA
nonattainment area monitors for the
years 2004–2006 and 2005–2007. Table
2 shows the design values for the 1997
24-Hour PM2.5 NAAQS for these same
monitors and the same 3-year periods.
TABLE 1—DESIGN VALUES FOR COUNTIES IN THE METROPOLITAN WASHINGTON NONATTAINMENT AREA FOR 1997 PM2.5
NAAQS—ANNUAL STANDARD
Location
AQS site ID
District of Columbia .................................................................................
District of Columbia .................................................................................
District of Columbia .................................................................................
Montgomery County, MD .........................................................................
Prince George’s, MD ...............................................................................
Arlington, VA ............................................................................................
Fairfax, VA ...............................................................................................
Fairfax, VA ...............................................................................................
Fairfax, VA ...............................................................................................
Loudoun, VA ............................................................................................
1997 Annual
attainment
standard
110010041
110010042
110010043
240313001
240338003
510130020
510590030
510591005
510595001
511071005
2004–2006
Design values
15
15
15
15
15
15
15
15
15
15
14.4
14.5
14.0
12.5
13.1
14.2
13.4
13.6
13.9
13.6
2005–2007
Design values
14.0
14.2
13.5
12.2
12.8
14.0
13.0
13.5
13.7
13.2
TABLE 2—DESIGN VALUES FOR COUNTIES IN THE METROPOLITAN WASHINGTON NONATTAINMENT AREA FOR 1997 PM2.5
NAAQS—24-HOUR STANDARD
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Location
AQS site ID
District of Columbia .................................................................................
District of Columbia .................................................................................
District of Columbia .................................................................................
Montgomery County, MD .........................................................................
Prince George’s, MD ...............................................................................
Arlington, VA ............................................................................................
Fairfax, VA ...............................................................................................
Fairfax, VA ...............................................................................................
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1997 Annual
24-hour
attainment
standard
110010041
110010042
110010043
240313001
240338003
510130020
510590030
510591005
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2004–2006
Design values
65
65
65
65
65
65
65
65
22OCP1
37
35
34
31
35
34
35
34
2005–2007
Design values
35
33
34
30
32
32
34
32
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Proposed Rules
TABLE 2—DESIGN VALUES FOR COUNTIES IN THE METROPOLITAN WASHINGTON NONATTAINMENT AREA FOR 1997 PM2.5
NAAQS—24-HOUR STANDARD—Continued
Location
AQS site ID
Fairfax, VA ...............................................................................................
Loudoun, VA ............................................................................................
EPA’s reviews of these data indicate
that the Metropolitan Washington, DCMD-VA nonattainment area has met and
continues to meet the 1997 PM2.5
NAAQS. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
V. Proposed Action
EPA is proposing to determine that
the Metropolitan Washington, DC-MDVA nonattainment area for the 1997
PM2.5 NAAQS has attained the 1997
PM2.5 NAAQS and continues to attain
the standard based on data through
2008. As provided in 40 CFR 51.1004(c),
if EPA finalizes this determination, it
would suspend the requirements for this
area to submit an attainment
demonstration and associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and any other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS so long as the
area continues to attain the 1997 PM2.5
NAAQS.
VI. Statutory and Executive Order
Reviews
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Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
not subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action proposes to make
a determination based on air quality
data, and would, if finalized, result in
the suspension of certain Federal
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1997 Annual
24-hour
attainment
standard
510595001
511071005
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule proposes to make a determination
based on air quality data, and would, if
finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have
tribal applications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
proposed action also does not have
Federalism implications because it does
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to make a determination based
on air quality data and would, if
finalized, result in the suspension of
certain Federal requirements, and does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This proposed rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
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2004–2006
Design values
65
65
2005–2007
Design values
34
35
33
33
Risks’’ (62 FR 19885, April 23, 1997)
because it proposes to determine that air
quality in the affected area is meeting
Federal standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures to otherwise
satisfy the provisions of the CAA. This
proposed rule does not impose an
information collection burden under the
provisions of the Paper Reduction Act of
1995 (44 U.S.C. 3501 et seq.)
Under Executive Order 12898, EPA
finds that this rule, pertaining to the
District of Columbia, Maryland and
Virginia’s determination of attainment
of the fine particle standard for the
Metropolitan Washington, DC-MD-VA
area, involves a proposed determination
of attainment based on air quality data
and will not have disproportionately
high and adverse human health or
environmental effects on any
communities in the area, including
minority and low-income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–25160 Filed 10–21–08; 8:45 am]
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Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Proposed Rules]
[Pages 62945-62948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25160]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0736; FRL-8732-2]
Approval and Promulgation of Air Quality Implementation Plans;
The Metropolitan Washington Nonattainment Area; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to determine that the Metropolitan
Washington, DC-MD-VA nonattainment area for the 1997 fine particle
(PM2.5) National Ambient Air Quality Standard (NAAQS) has
attained the 1997 PM2.5 NAAQS. This proposed determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data that show that the area has monitored
attainment of the 1997 PM2.5 NAAQS since the 2004-2006
monitoring period, and continues to monitor attainment of the standard
based on 2005-2007 data. In addition, quality controlled and quality
assured monitoring data for 2008 that are available in the EPA Air
Quality System (AQS) database, but not yet certified, show this area
continues to attain the 1997 PM2.5 NAAQS. If this proposed
determination is made final, the requirements for this area to submit
an attainment demonstration and associated reasonably available
measures, a reasonable further progress plan, contingency measures, and
other planning State Implementation Plans (SIPs) related to attainment
of the standard shall be suspended for so long as the area continues to
attain the 1997 PM2.5 NAAQS.
DATES: Written comments must be received on or before November 21,
2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0736 by one of the following methods:
A. www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2008-0736, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such
[[Page 62946]]
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0736. 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 e-mail.
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 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.
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 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: Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@epa.gov.
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 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 Metropolitan Washington, DC-
MD-VA PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show the area has monitored attainment of the 1997
PM2.5 NAAQS since the 2004-2006 monitoring period, and
monitoring data that continue to show attainment of the 1997
PM2.5 NAAQS based on the 2005-2007 data. In addition,
quality controlled and quality assured monitoring data for 2008 that
are available in the EPA AQS database, but not yet certified, show this
area continues to attain the 1997 PM2.5 NAAQS.
II. What Is the Effect of This Action?
If this determination is made final, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the
requirements for the Metropolitan Washington, DC-MD-VA PM2.5
nonattainment area to submit an attainment demonstration and associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS would be suspended for so
long as the area continues to attain the 1997 PM2.5 NAAQS.
As further discussed below, the proposed determination would: (1)
For the Metropolitan Washington, DC-MD-VA nonattainment area, suspend
the requirements to submit an attainment demonstration and associated
reasonably available control measures (RACM) (including reasonably
available control technologies (RACT)), a reasonable further progress
plan (RFP), contingency measures, and any other planning SIPs related
to attainment of the 1997 PM2.5 NAAQS; (2) continue until
such time, if any, that EPA subsequently determines that the area has
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not
influence or otherwise affect, any future designation determination or
requirements for the Metropolitan Washington, DC-MD-VA area based on
the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of
whether EPA designates this area as a nonattainment area for purposes
of the 2006 PM2.5 NAAQS. Furthermore, as described below,
any such final determination would not be equivalent to the
redesignation of the area to attainment based on the 1997
PM2.5 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 1997 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 the pertinent requirements.
The determination that EPA proposes with this Federal Register
notice, that the air quality data shows attainment of the 1997
PM2.5 NAAQS, is not equivalent to the redesignation of the
area to attainment. This proposed action, if finalized, would not
constitute a redesignation to attainment under section 107(d)(3) of the
Clean Air Act (CAA), 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 designation status of the area would remain
nonattainment for the 1997 PM2.5 NAAQS until such time as
EPA determines that it meets the CAA requirements for redesignation to
attainment.
This proposed action, if finalized, is limited to a determination
that the Metropolitan Washington, DC-MD-VA PM2.5 area has
attained the 1997 PM2.5 NAAQS. The 1997 PM2.5
NAAQS became effective on July 18, 1997 (62 FR 36852) and are set forth
at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became effective
on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA
is currently in the process of making designation determinations, as
required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS.
EPA has not made any designation determination for the Metropolitan
Washington, DC-MD-VA area based on the 2006 PM2.5 NAAQS.
This proposed determination, and any final determination, will have no
effect on, and is not related to, any future designation determination
that EPA may make based on the 2006 PM2.5 NAAQS for the
Metropolitan Washington, DC-MD-VA area. Conversely, any future
designation determination of the Metropolitan Washington, DC-MD-VA
area, based on the 2006 PM2.5 NAAQS, will not have
[[Page 62947]]
any effect on the determination proposed by this notice.
If this proposed determination is made final and the Metropolitan
Washington, DC-MD-VA area continues to demonstrate attainment with the
1997 PM2.5 NAAQS, the requirements for the Metropolitan
Washington, DC-MD-VA area to submit an attainment demonstration and
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and any other planning SIPs
related to attainment of the 1997 PM2.5 NAAQS would remain
suspended, regardless of whether EPA designates this area as a
nonattainment area for purposes of the 2006 PM2.5 NAAQS.
Once the area is designated for the 2006 NAAQS, it will have to meet
all applicable requirements for that designation.
III. What Is the Background for This Action?
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, and a twenty-four hour standard of 65
[mu]g/m3 based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA established the standards based on
significant evidence and numerous health studies demonstrating that
serious health effects are associated with exposures 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
1997 PM2.5 NAAQS in 1999, and developed all air quality
monitors by January 2001. 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 Metropolitan Washington, DC-MD-VA
(Charles, Frederick, Montgomery, Prince George's, Alexandria,
Arlington, Fairfax, Loudoun, Prince William, Falls Church, Manassas,
Manassas Park, Fairfax City, and the District of Columbia) area was
designated nonattainment for the 1997 PM2.5 NAAQS (see 40
CFR part 81).
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 and recorded in the EPA AQS database for the Metropolitan
Washington, DC-MD-VA PM2.5 nonattainment area from 2004
through the present time. On the basis of that review, EPA has
concluded that this area attained the 1997 PM2.5 NAAQS since
the 2004-2006 monitoring period, and continues to monitor attainment of
the NAAQS based on 2005-2007 data. In addition, quality controlled and
quality assured monitoring data for 2008 that are available in the EPA
AQS database, but not yet certified, show this area continues to attain
the 1997 PM2.5 NAAQS.
Under EPA regulations at 40 CFR Part 50, Sec. 50.7:
(1) 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.
(2) The 24-hour primary and secondary PM2.5 standards
are met when the 98th percentile 24-hour concentration, as determined
in accordance with 40 CFR part 50, Appendix N, is less than or equal to
65 [mu]g/m3.
Table 1 shows the design values for the 1997 Annual
PM2.5 NAAQS for the Metropolitan Washington, DC-MD-VA
nonattainment area monitors for the years 2004-2006 and 2005-2007.
Table 2 shows the design values for the 1997 24-Hour PM2.5
NAAQS for these same monitors and the same 3-year periods.
Table 1--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--
Annual Standard
----------------------------------------------------------------------------------------------------------------
1997 Annual
Location AQS site ID attainment 2004-2006 2005-2007
standard Design values Design values
----------------------------------------------------------------------------------------------------------------
District of Columbia........................ 110010041 15 14.4 14.0
District of Columbia........................ 110010042 15 14.5 14.2
District of Columbia........................ 110010043 15 14.0 13.5
Montgomery County, MD....................... 240313001 15 12.5 12.2
Prince George's, MD......................... 240338003 15 13.1 12.8
Arlington, VA............................... 510130020 15 14.2 14.0
Fairfax, VA................................. 510590030 15 13.4 13.0
Fairfax, VA................................. 510591005 15 13.6 13.5
Fairfax, VA................................. 510595001 15 13.9 13.7
Loudoun, VA................................. 511071005 15 13.6 13.2
----------------------------------------------------------------------------------------------------------------
Table 2--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--24-
Hour Standard
----------------------------------------------------------------------------------------------------------------
1997 Annual 24-
Location AQS site ID hour attainment 2004-2006 2005-2007
standard Design values Design values
----------------------------------------------------------------------------------------------------------------
District of Columbia........................ 110010041 65 37 35
District of Columbia........................ 110010042 65 35 33
District of Columbia........................ 110010043 65 34 34
Montgomery County, MD....................... 240313001 65 31 30
Prince George's, MD......................... 240338003 65 35 32
Arlington, VA............................... 510130020 65 34 32
Fairfax, VA................................. 510590030 65 35 34
Fairfax, VA................................. 510591005 65 34 32
[[Page 62948]]
Fairfax, VA................................. 510595001 65 34 33
Loudoun, VA................................. 511071005 65 35 33
----------------------------------------------------------------------------------------------------------------
EPA's reviews of these data indicate that the Metropolitan
Washington, DC-MD-VA nonattainment area has met and continues to meet
the 1997 PM2.5 NAAQS. EPA is soliciting public comments on
the issues discussed in this document. These comments will be
considered before taking final action.
V. Proposed Action
EPA is proposing to determine that the Metropolitan Washington, DC-
MD-VA nonattainment area for the 1997 PM2.5 NAAQS has
attained the 1997 PM2.5 NAAQS and continues to attain the
standard based on data through 2008. As provided in 40 CFR 51.1004(c),
if EPA finalizes this determination, it would suspend the requirements
for this area to submit an attainment demonstration and associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS so long as the area
continues to attain the 1997 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action proposes to make a determination based on air quality data, and
would, if finalized, result in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, it 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).
This proposed rule also does not have tribal applications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks'' (62 FR 19885, April 23,
1997) because it proposes to determine that air quality in the affected
area is meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures to otherwise satisfy the provisions of the CAA.
This proposed rule does not impose an information collection burden
under the provisions of the Paper Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
Under Executive Order 12898, EPA finds that this rule, pertaining
to the District of Columbia, Maryland and Virginia's determination of
attainment of the fine particle standard for the Metropolitan
Washington, DC-MD-VA area, involves a proposed determination of
attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-25160 Filed 10-21-08; 8:45 am]
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