Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard, 38154-38158 [E9-18393]

Download as PDF 38154 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules jlentini on DSKJ8SOYB1PROD with PROPOSALS exhibit cases for displaying the Charters and other NAE documents to provide better clarity for viewing the exhibits. NARA seeks to ensure the necessary protection for the documents from the cumulative effects of photographic flash. DATES: Comments are due by September 29, 2009. ADDRESSES: NARA invites interested persons to submit comments on this proposed rule. Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: Submit comments by facsimile transmission to 301–837–0319. • Mail: Send comments to Regulations Comments Desk (NPOL), Room 4100, Policy and Planning Staff, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740–6001. • Hand Delivery or Courier: Deliver comments to 8601 Adelphi Road, College Park, MD. FOR FURTHER INFORMATION CONTACT: Marilyn Redman at 301–837–1850 or fax number 301–837–0319. SUPPLEMENTARY INFORMATION: In order to secure and protect all documents on display in the National Archives Experience (NAE) from unnecessary exposure to the harmful effects of flash photography and to improve the overall visitor experience, NARA is proposing to ban all photography from exhibit areas in the NAE. The 2003 renovations to the Rotunda exhibit area included the installation of new exhibit cases, which were designed with special glass with high clarity and no colored filters, to improve the ability to see the documents on display. The new display cases provide little protection from the damaging effects of photographic flash. While NARA staff goes to great lengths to adjust the Rotunda light levels to protect documents on display from excess light, public photography with attendant flash works against the efforts to protect the documents. The NAE exhibitions primarily contain paper and parchment documents that are susceptible to the harmful effects of light and in particular to the cumulative effects of photographic flash. While all original documents on display are at risk from excessive light exposure, the Declaration of Independence, Constitution and Bill of Rights (known collectively as the Charters of Freedom) are especially susceptible to the damaging effects from photographic VerDate Nov<24>2008 16:28 Jul 30, 2009 Jkt 217001 flash because these documents are on permanent display. Currently, signage, pamphlets, and security officers inform visitors that flash photography is prohibited in the exhibit areas. Most photographic flash occurs from accidental acts rather than intentional action. However, over the past six years it has proved to be an impossible task to prevent visitors from intentionally or accidentally using additional light. Security officers do escort those visitors out of the building who continue to use flash photography after being warned. But, by the time a security officer makes that decision, at least two or three flashes have already occurred, needlessly exposing documents to excessive light. Numerous visitors’ remarks in the informal visitors’ comment log as well as letters to NARA include apologies for inadvertent flash; complaints that flash disrupts their visit; that flash rules are not effectively enforced; and, that camera use should be banned. This proposed rule is not a significant regulatory action for the purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. As required by the Regulatory Flexibility Act, I certify that this rule will not have a significant impact on a substantial number of small entities because it affects individuals. This regulation does not have any federalism implications. List of Subjects in 36 CFR Part 1280 Archives and records, Federal buildings and facilities. For the reasons set forth in the preamble, NARA proposes to amend part 1280 of title 36, Code of Federal Regulations, as follows: PART 1280—USE OF NARA FACILITIES 1. The authority citation for Part 1280 continues to read as follows: Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903 2. Amend § 1280.46 by redesignating (b)(3) as paragraph (c) and revising it to read as follows: § 1280.46 What are the rules for filming, photographing, or videotaping on NARA property for personal use? * * * * * (c) You may not film, photograph, or videotape in any of the exhibit areas of the National Archives Building in Washington, DC, including the Rotunda where the Declaration of Independence, the Constitution, and the Bill of Rights are displayed. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 Dated: July 28, 2009. Adrienne C. Thomas, Acting Archivist of the United States. [FR Doc. E9–18461 Filed 7–30–09; 8:45 am] BILLING CODE 7515–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0547; FRL–8938–5] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the West Virginia portions of three nonattainment areas for the 1997 fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS. These are Berkeley County, part of the HagerstownMartinsburg MD-WV nonattainment area; Wood County, part of the Parkersburg-Marietta WV–OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV–OH nonattainment area, hereinafter referred to in this notice as the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5 nonattainment areas. This proposed determination is based upon quality assured, quality controlled, and certified ambient air monitoring data that show that these areas have monitored attainment of the 1997 PM2.5 NAAQS based on 2006–2008 data. In addition, quality controlled and quality assured monitoring data for 2009 that are available in the EPA Air Quality System (AQS) database, but not yet certified, show these areas continue to have clean data for the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirements for these areas to submit an attainment demonstration, 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 meet the 1997 PM2.5 NAAQS. DATES: Written comments must be received on or before August 31, 2009. E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0547 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2009–0547, 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 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–2009– 0547. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online atwww.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, jlentini on DSKJ8SOYB1PROD with PROPOSALS ADDRESSES: VerDate Nov<24>2008 16:28 Jul 30, 2009 Jkt 217001 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: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@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 West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5 nonattainment areas have clean data for the 1997 PM2.5 NAAQS. This determination is based upon quality assured, quality controlled, and certified ambient air monitoring data that show these areas have monitored attainment of the 1997 PM2.5 NAAQS based on 2006–2008 data. In addition, quality controlled and quality assured monitoring data for 2009 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 section 51.1004(c)), the requirements for the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5 nonattainment areas to submit an attainment demonstration, 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 these areas continue to meet the 1997 PM2.5 NAAQS. As further discussed below, the proposed determination would: (1) For PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 38155 the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5 nonattainment areas, suspend the requirements to submit an attainment demonstration, associated reasonably available control measures (RACM) (including reasonably available control technologies (RACT)), a reasonable further progress (RFP) plan, 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 these areas have violated the 1997 PM2.5 NAAQS; (3) be separate from, and not influence or otherwise affect, any future designation determination or requirements for the HagerstownMartinsburg, Parkersburg-Marietta, and Wheeling areas based on the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of whether EPA designates these areas as nonattainment areas 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 these areas have violated the 1997 PM2.5 NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR section 51.1004(c), would no longer exist, and these areas would thereafter have to address the pertinent requirements. EPA’s determination that the air quality data for these areas shows clean data for the 1997 PM2.5 NAAQS, as proposed in this Federal Register notice, is not equivalent to the redesignation of the areas 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 these areas as required under section 175A of the CAA, nor a determination that these areas have met the other requirements for redesignation. The designation status of these areas would remain nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that these areas meet the CAA requirements for redesignation to attainment. This proposed action, if finalized, is limited to a determination that the West Virginia portions of the HagerstownMartinsburg, Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas have clean data for the 1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS E:\FR\FM\31JYP1.SGM 31JYP1 38156 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules became effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR section 50.7. The 2006 PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR section 50.13. At this point, 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 Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling areas 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 Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling areas. Conversely, any future designation determination of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling areas, based on the 2006 PM2.5 NAAQS, will not have any effect on the determination proposed by this notice. If this proposed determination is made final and the HagerstownMartinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas continue to demonstrate attainment with the 1997 PM2.5 NAAQS, the requirements for the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling nonattainment areas to submit an attainment demonstration, 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 HagerstownMartinsburg nonattainment area (Berkeley County, WV and Washington County, MD), the Parkersburg-Marietta nonattainment area (Wood County, WV and Washington County, OH), and the Wheeling nonattainment area (Marshall County, WV, Ohio County, WV, and Belmont County, OH) were 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 HagerstownMartinsburg, Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas from 2006 to the present time. On the basis of that review, EPA has concluded that these areas are meeting the 1997 PM2.5 NAAQS based on 2006–2008 data. In addition, quality controlled and quality assured monitoring data for 2009 that are available in the EPA AQS database, but not yet certified, show these areas continue to attain the 1997 PM2.5 NAAQS. Under EPA regulations at 40 CFR Part 50, section 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. Tables 1.a, 1.b, and 1.c show the 2006–2008 design values for the 1997 Annual PM2.5 NAAQS for the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling nonattainment area monitors, respectively. Table 2.a, 2.b, and 2.c show the 2006–2008 design values for the 1997 24-Hour PM2.5 NAAQS for these same respective monitors. All design values in the tables are in micrograms per cubic inch (μg/ m3). TABLE 1.a—ANNUAL DESIGN VALUES FOR HAGERSTOWN-MARTINSBURG MD-WV Location AQS site ID Berkeley County, WV .................................................................................................................. Washington County, MD .............................................................................................................. 1997 Annual PM2.5 standard 2006–2008 Design values 15 15 14.9 12.2 540030003 240430009 TABLE 1.b—ANNUAL DESIGN VALUES FOR PARKERSBURG-MARIETTA WV–OH jlentini on DSKJ8SOYB1PROD with PROPOSALS Location AQS site ID 1997 Annual PM2.5 standard 2006–2008 Design values Wood County ............................................................................................................................... 541071002 15 14.6 Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area. VerDate Nov<24>2008 16:28 Jul 30, 2009 Jkt 217001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1 38157 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules TABLE 1.c—ANNUAL DESIGN VALUES FOR WHEELING WV–OH Location AQS site ID Marshal County, WV .................................................................................................................... Ohio County, WV ......................................................................................................................... 1997 Annual PM2.5 standard 2006–2008 Design values 15 15 14.2 13.7 1997 24–Hour PM2.5 standard 2006–2008 Design values 65 65 31 30 540511002 540690010 Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area. TABLE 2.a—24-HOUR DESIGN VALUES FOR HAGERSTOWN-MARTINSBURG MD-WV Location AQS site ID Berkeley County, WV .................................................................................................................. Washington County, MD .............................................................................................................. 540030003 240430009 TABLE 2.b—24-HOUR DESIGN VALUES FOR PARKERSBURG-MARIETTA WV–OH Location AQS site ID 1997 24-Hour PM2.5 standard 2006–2008 Design values Wood County, WV ....................................................................................................................... 541071002 65 34 1997 24-Hour PM2.5 standard 2006–2008 Design values 65 65 34 31 Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area. TABLE 2.c—24-HOUR DESIGN VALUES FOR WHEELING WV–OH Location AQS site ID Marshall County, WV ................................................................................................................... Ohio County, WV ......................................................................................................................... 540511002 540690010 Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area. EPA’s review of these data indicate that the Martinsburg-Hagerstown MDWV, Parkersburg-Marietta WV-OH, and Wheeling WV-OH nonattainment areas have met and continue 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. jlentini on DSKJ8SOYB1PROD with PROPOSALS V. Proposed Action EPA is proposing to determine that the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling nonattainment areas have clean data for the 1997 PM2.5 NAAQS. As provided in 40 CFR section 51.1004(c), if EPA finalizes this determination, it would suspend the requirements for these areas to submit an attainment demonstration, 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 these areas continue to attain the 1997 PM2.5 NAAQS. VI. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the VerDate Nov<24>2008 16:28 Jul 30, 2009 Jkt 217001 provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. 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 Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 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, 1997); • 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 Clean Air Act; 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 determination that the West Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas have clean data for the 1997 PM2.5 standard 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 E:\FR\FM\31JYP1.SGM 31JYP1 38158 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules it will not impose substantial direct costs on tribal governments or preempt tribal law. 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: July 23, 2009. Judith M. Katz, Acting Regional Administrator, Region III. [FR Doc. E9–18393 Filed 7–30–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0506; FRL–8938–3] Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Determination of Clean Data for the 1997 Fine Particulate Matter Standard jlentini on DSKJ8SOYB1PROD with PROPOSALS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the Johnstown (Cambria and Indiana Counties), Lancaster (Lancaster County), Reading (Berks County) and York (York County), Pennsylvania nonattainment areas for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS. This proposed determination is based upon quality assured, quality controlled, and certified ambient air monitoring data showing that these areas have monitored attainment of the 1997 PM2.5 NAAQS based on the 2006–2008 data. In addition, quality controlled and quality assured monitoring data for 2009 that are available in the EPA Air Quality System (AQS) database, but not yet certified, show that these areas continue to meet the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirements for these areas to submit an attainment demonstration, 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 each of these areas continue to meet the 1997 PM2.5 NAAQS. DATES: Written comments must be received on or before August 31, 2009. VerDate Nov<24>2008 16:28 Jul 30, 2009 Jkt 217001 Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0506 by one of the following methods: A. https://www.regulations.gov. Follow the online instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2009–0506, 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 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–2009– 0506. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://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 https:// 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 https://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. ADDRESSES: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 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 https:// 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: Rose Quinto, (215) 814–2182, or by e-mail at quinto.rose@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. What Is EPA’s Proposed Action? VI. What Are the Statutory and Executive Order Reviews? I. What Action Is EPA Taking? EPA is proposing to determine that the Johnstown, Lancaster, Reading and York, Pennsylvania PM2.5 nonattainment areas have clean data for the 1997 PM2.5 NAAQS. This determination is based upon quality assured, quality controlled, and certified ambient air monitoring data showing that these areas have monitored attainment of the 1997 PM2.5 NAAQS based on the 2006–2008 data. In addition, quality controlled and quality assured monitoring data for 2009 that are available in the EPA AQS database, but not yet certified, show that these areas continue to meet 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 Johnstown, Lancaster, Reading and York, Pennsylvania PM2.5 nonattainment areas to submit an attainment demonstration, 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 each area continues to meet the 1997 PM2.5 NAAQS. As further discussed below, the proposed determination would: (1) For E:\FR\FM\31JYP1.SGM 31JYP1

Agencies

[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38154-38158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18393]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0547; FRL-8938-5]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Determination of Clean Data for the 1997 Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the West Virginia portions 
of three nonattainment areas for the 1997 fine particulate 
(PM2.5) National Ambient Air Quality Standard (NAAQS) have 
clean data for the 1997 PM2.5 NAAQS. These are Berkeley 
County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; 
Wood County, part of the Parkersburg-Marietta WV-OH nonattainment area; 
and Marshall County and Ohio County, part of the Wheeling WV-OH 
nonattainment area, hereinafter referred to in this notice as the West 
Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, 
and Wheeling PM2.5 nonattainment areas. This proposed 
determination is based upon quality assured, quality controlled, and 
certified ambient air monitoring data that show that these areas have 
monitored attainment of the 1997 PM2.5 NAAQS based on 2006-
2008 data. In addition, quality controlled and quality assured 
monitoring data for 2009 that are available in the EPA Air Quality 
System (AQS) database, but not yet certified, show these areas continue 
to have clean data for the 1997 PM2.5 NAAQS. If this 
proposed determination is made final, the requirements for these areas 
to submit an attainment demonstration, 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 
meet the 1997 PM2.5 NAAQS.

DATES: Written comments must be received on or before August 31, 2009.

[[Page 38155]]


ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0547, 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 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-
2009-0547. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
atwww.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: Marilyn Powers, (215) 814-2308, or by 
e-mail at powers.marilyn@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 West Virginia portions of 
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
PM2.5 nonattainment areas have clean data for the 1997 
PM2.5 NAAQS. This determination is based upon quality 
assured, quality controlled, and certified ambient air monitoring data 
that show these areas have monitored attainment of the 1997 
PM2.5 NAAQS based on 2006-2008 data. In addition, quality 
controlled and quality assured monitoring data for 2009 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 section 51.1004(c)), 
the requirements for the West Virginia portions of the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5 
nonattainment areas to submit an attainment demonstration, 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 these areas continue to meet the 1997 PM2.5 NAAQS.
    As further discussed below, the proposed determination would: (1) 
For the West Virginia portions of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment 
areas, suspend the requirements to submit an attainment demonstration, 
associated reasonably available control measures (RACM) (including 
reasonably available control technologies (RACT)), a reasonable further 
progress (RFP) plan, 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 these 
areas have violated the 1997 PM2.5 NAAQS; (3) be separate 
from, and not influence or otherwise affect, any future designation 
determination or requirements for the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling areas based on the 2006 
PM2.5 NAAQS; and (4) remain in effect regardless of whether 
EPA designates these areas as nonattainment areas 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 these 
areas have violated the 1997 PM2.5 NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR section 
51.1004(c), would no longer exist, and these areas would thereafter 
have to address the pertinent requirements.
    EPA's determination that the air quality data for these areas shows 
clean data for the 1997 PM2.5 NAAQS, as proposed in this 
Federal Register notice, is not equivalent to the redesignation of the 
areas 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 these areas as required under section 175A of the 
CAA, nor a determination that these areas have met the other 
requirements for redesignation. The designation status of these areas 
would remain nonattainment for the 1997 PM2.5 NAAQS until 
such time as EPA determines that these areas meet the CAA requirements 
for redesignation to attainment.
    This proposed action, if finalized, is limited to a determination 
that the West Virginia portions of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas 
have clean data for the 1997 PM2.5 NAAQS. The 1997 
PM2.5 NAAQS

[[Page 38156]]

became effective on July 18, 1997 (62 FR 36852) and are set forth at 40 
CFR section 50.7. The 2006 PM2.5 NAAQS, which became 
effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 
section 50.13. At this point, 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 Hagerstown-Martinsburg, Parkersburg-Marietta, and 
Wheeling areas 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 Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling areas. Conversely, any 
future designation determination of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling areas, based on the 2006 
PM2.5 NAAQS, will not have any effect on the determination 
proposed by this notice.
    If this proposed determination is made final and the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas 
continue to demonstrate attainment with the 1997 PM2.5 
NAAQS, the requirements for the West Virginia portions of the 
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
nonattainment areas to submit an attainment demonstration, 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 Hagerstown-Martinsburg nonattainment 
area (Berkeley County, WV and Washington County, MD), the Parkersburg-
Marietta nonattainment area (Wood County, WV and Washington County, 
OH), and the Wheeling nonattainment area (Marshall County, WV, Ohio 
County, WV, and Belmont County, OH) were 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 Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5 
nonattainment areas from 2006 to the present time. On the basis of that 
review, EPA has concluded that these areas are meeting the 1997 
PM2.5 NAAQS based on 2006-2008 data. In addition, quality 
controlled and quality assured monitoring data for 2009 that are 
available in the EPA AQS database, but not yet certified, show these 
areas continue to attain the 1997 PM2.5 NAAQS.
    Under EPA regulations at 40 CFR Part 50, section 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.
    Tables 1.a, 1.b, and 1.c show the 2006-2008 design values for the 
1997 Annual PM2.5 NAAQS for the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling nonattainment area monitors, 
respectively. Table 2.a, 2.b, and 2.c show the 2006-2008 design values 
for the 1997 24-Hour PM2.5 NAAQS for these same respective 
monitors. All design values in the tables are in micrograms per cubic 
inch ([mu]g/m3).

                        Table 1.a--Annual Design Values for Hagerstown-Martinsburg MD-WV
----------------------------------------------------------------------------------------------------------------
                                                                                    1997 Annual      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Berkeley County, WV.............................................       540030003              15            14.9
Washington County, MD...........................................       240430009              15            12.2
----------------------------------------------------------------------------------------------------------------


                         Table 1.b--Annual Design Values for Parkersburg-Marietta WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                  1997 Annual       2006-2008
                           Location                              AQS site ID     PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Wood County..................................................       541071002               15             14.6
----------------------------------------------------------------------------------------------------------------
Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


[[Page 38157]]


                               Table 1.c--Annual Design Values for Wheeling WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                    1997 Annual      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Marshal County, WV..............................................       540511002              15            14.2
Ohio County, WV.................................................       540690010              15            13.7
----------------------------------------------------------------------------------------------------------------
Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


                        Table 2.a--24-Hour Design Values for Hagerstown-Martinsburg MD-WV
----------------------------------------------------------------------------------------------------------------
                                                                                   1997 24-Hour      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Berkeley County, WV.............................................       540030003              65              31
Washington County, MD...........................................       240430009              65              30
----------------------------------------------------------------------------------------------------------------


                         Table 2.b--24-Hour Design Values for Parkersburg-Marietta WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                  1997 24-Hour      2006-2008
                           Location                              AQS site ID     PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Wood County, WV..............................................       541071002               65               34
----------------------------------------------------------------------------------------------------------------
Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


                               Table 2.c--24-Hour Design Values for Wheeling WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                   1997 24-Hour      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Marshall County, WV.............................................       540511002              65              34
Ohio County, WV.................................................       540690010              65              31
----------------------------------------------------------------------------------------------------------------
Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.

    EPA's review of these data indicate that the Martinsburg-Hagerstown 
MD-WV, Parkersburg-Marietta WV-OH, and Wheeling WV-OH nonattainment 
areas have met and continue 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 West Virginia portions of 
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
nonattainment areas have clean data for the 1997 PM2.5 
NAAQS. As provided in 40 CFR section 51.1004(c), if EPA finalizes this 
determination, it would suspend the requirements for these areas to 
submit an attainment demonstration, 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 these areas continue to attain the 
1997 PM2.5 NAAQS.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. 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 Reform Act of 1995 (Pub. L. 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, 1997);
     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 Clean Air Act; 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 determination that the West Virginia 
portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, and 
Wheeling nonattainment areas have clean data for the 1997 
PM2.5 standard 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

[[Page 38158]]

it will not impose substantial direct costs on tribal governments or 
preempt tribal law.

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: July 23, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.
[FR Doc. E9-18393 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P
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