# Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Maryland; Ohio; Determinations of Attainment for the 1997 Fine Particulate Matter Standard, 60199-60203 [E9-27824]

## Agencies

[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60199-60203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27824]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0199; EPA-R03-OAR-2009-0547; FRL-8982-6]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Maryland; Ohio; Determinations of Attainment for the
1997 Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making determinations that three areas designated
nonattainment for the 1997 fine particulate (PM2.5) National
Ambient Air Quality Standard (NAAQS) have attained the 1997
PM2.5 NAAQS. These are the Martinsburg-Hagerstown, WV-MD
nonattainment area; the Parkersburg-Marietta, WV-OH nonattainment area;
and the Wheeling, WV-OH nonattainment area. These determinations are
based upon complete, quality assured, quality controlled, and certified
ambient air monitoring data that show that these areas have monitored
attainment of the 1997 PM2.5 NAAQS during the 2006-2008
monitoring period. Currently available monitoring data for 2009 are
consistent with continued attainment of the standard. The intended
effect of these actions is to finalize these attainment determinations
for these areas. With these final determinations, the requirements for
States to submit for these areas an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans (SIPs) related to attainment of the standard are
suspended for so long as the areas continue to meet the 1997
PM2.5 NAAQS. EPA's determinations that these areas have
attained the 1997 PM2.5 NAAQS are not equivalent to the
redesignation of the areas to attainment. These actions do not
constitute redesignations to attainment under section 107(d)(3) of the
Clean Air Act (CAA), because we do not yet have an approved maintenance
plan for these areas as required under that section and section 175A of
the CAA, nor a determination that these areas have met the other
requirements for redesignation. The designation status of these areas
remains nonattainment for the 1997 PM2.5 NAAQS until such
time as EPA determines that these areas meet the CAA requirements for
redesignation to attainment.

DATES: Effective Date: These final rules are effective on November 20,
2009.

ADDRESSES: EPA has established dockets for this action under Docket ID
Numbers EPA-R03-OAR-2009-0199 and EPA-R03-OAR-2009-0547. All documents
in the dockets are listed in the http://www.regulations.gov Web site.
Although listed in the electronic docket, some information is not
publicly available, i.e., confidential business information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard

[[Page 60200]]

copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: 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 Actions is EPA Taking?
III. What is the Effect of these Actions?
IV. When are these Actions Effective?
V. What are EPA's Final Actions?
VI. What are the Statutory and Executive Order Reviews?

I. What Actions Is EPA Taking?

EPA is determining that the Martinsburg-Hagerstown, WV-MD,
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH PM2.5
nonattainment areas have attained the 1997 PM2.5 NAAQS.
These determinations are based upon three years of complete, quality
assured, quality controlled, and certified ambient air monitoring data
that show the areas have monitored attainment of the 1997
PM2.5 NAAQS during the 2006-2008 monitoring period.
Currently available monitoring data for 2009 are consistent with
continued attainment. Other specific details of the determinations and
the rationale for EPA's proposed actions are explained in the notices
of proposed rulemaking (NPRs) published on July 31, 2009 (74 FR 38154
and 74 FR 38161) and the subsequent NPRs reopening the comment period,
published on September 29, 2009 (74 FR 49833 and 74 FR 49834), and will
not be restated here. Although on July 31, 2009 EPA issued separate
notices of proposed rulemaking for the Maryland portion of the
Martinsburg-Hagerstown nonattainment area (74 FR 38161) and the West
Virginia portion (74 FR 38154), in this notice of final rulemaking EPA
is addressing in combination both State portions of this nonattainment
area. EPA considers its determination of attainment for the Hagerstown-
Martinsburg area, and the comments and responses relating to it, as
applicable to the entire nonattainment area.\1\ Similarly, although EPA
articulated its proposals for determinations of attainment for the
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH nonattainment areas (74
FR 38154) in terms of the West Virginia and Ohio portions of the
nonattainment area, in this final rulemaking EPA addresses in
combination both State portions of the nonattainment area. EPA
considers its determinations of attainment for those areas, and any
comments and responses relating to them, as applicable to each entire
nonattainment area.
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\1\ EPA's proposed rulemaking for the Maryland portion of the
Martinsburg-Hagerstown area also contained a separate and
independent proposed determination of attainment for the Baltimore,
MD PM2.5 nonattainment area. EarthJustice, on behalf of
the Sierra Club, also submitted comments on this proposal in
conjunction with its comments on the other proposed rulemakings
discussed in this final notice. EPA is not finalizing its proposed
attainment determination for the Baltimore, MD PM2.5
nonattainment area in this notice of final rulemaking, and is
were submitted by the commenter with respect to that proposal.
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EPA received comments in response to the NPRs published on July 31,
2009 (74 FR 38154 and 74 FR 38161) and the subsequent NPRs reopening
the comment period, published on September 29, 2009 (74 FR 49833 and 74
response to these NPRs. EarthJustice, on behalf of the Sierra Club,
submitted comments by letters dated August 31, 2009 and October 29,
2009. In its comment letter dated August 31, 2009, EarthJustice
included a request that the NPRs either be revised or the comment
period be reopened to allow the public to consider whether the 2009
data supports the proposed attainment determinations. EPA agreed to
reopen the comment period to provide the requested data. In the
technical support documents (TSDs) for the NPRs that reopened the
comment period, the 2009 data were included, as was additional
information that clarified the 2006-2008 data that formed the
foundation for the proposed clean data determinations. EPA explained in
the TSDs that its determinations were based on complete, quality
assured 2006-2008 data, and that the available 2009 data, while not yet
complete or quality assured, were consistent with continued attainment.
On October 29, 2009, EarthJustice, on behalf of the Sierra Club,
Club and may be categorized as follows: (a) Comments specifically aimed
at the 2006-2008 data that form the foundation of EPA's attainment
determination for the Martinsburg-Hagerstown nonattainment area and (b)
comments relating generally to monitoring data for 2009. Through this
at the 2006-2008 data for the Martinsburg-Hagerstown nonattainment
2009.

Martinsburg-Hagerstown Nonattainment Area

Comment

Through its comment letters dated August 31, 2009 and October 30,
2009, the commenter disagrees with EPA's proposed attainment
determination for the Martinsburg-Hagerstown nonattainment area, based
on information relating to a Martinsburg, WV monitor that the commenter
obtained from EPA's AirData database (http://www.epa.gov/air/data/index.html). As part of its August 31, 2009 comments, the commenter
submitted copies of three Monitor Values Reports obtained from EPA's
AirData Web site on August 18, 2009. Each of these reports provides
data showing that the Martinsburg, WV monitor (monitor ID
540030003) located in Berkeley County, West Virginia monitored
annual PM2.5 mean concentrations of 14.93 [micro]g/m\3\ in
2006, 15.61 [micro]g/m\3\in 2007 and 15.36 [micro]g/m\3\in 2008. Based
upon the data set forth in these three reports, the commenter asserts
that the design value calculated from these annual means results in
nonattainment of the annual NAAQS over the 2006-2008 period. The
commenter believes this is contrary to the data provided in the July
31, 2009 NPRs, and that it renders EPA's proposed determination of
attainment for the Martinsburg-Hagerstown area inaccurate; the
commenter contends that finalizing the determination would be arbitrary
and unlawful. Through its October 30, 2009 comments, the commenter also
noted that, in accordance with a September 4, 1992 memo entitled
Procedures for Processing Requests to Redesignate Areas to
Attainment'' from John Calcagni, Director, Air Quality Management
Division, EPA's Office of Air Quality Planning and Standards, data used
to demonstrate attainment should be recorded in the Aerometric
Information Retrieval System (AIRS) in order for it to be available to
the public for review. The commenter asserted that EPA cannot rely on
data that is not published in AIRS to support a finding of attainment.

[[Page 60201]]

Response

EPA has reviewed the AirData Monitor Values Reports that were
submitted by the commenter. The airdata files'' submitted by the
commenter were obtained using EPA's AirData'' Web site which accesses
an extracted static subset of the Aerometric Information Retrieval
System Air Quality System (AQS) database. This distinction is relevant
because, although, prior to February 2009, the airdata files'' were
extracted from AQS on a monthly basis,\2\ some values may be absent due
to incomplete reporting and some values may be subsequently changed
after being subjected to quality assurance activities. EPA does not
rely on incomplete, non-quality assured data to make determinations of
attainment with the NAAQS. Instead, EPA uses certified air monitoring
data generally from AQS that meet requirements found in Appendices A,
C, D, and E of 40 CFR Part 58, to determine compliance with the NAAQS.
Each of the AirData Monitor Values Reports that was submitted by the
commenter includes a disclaimer which states in part: AirData reports
are produced from a monthly extract of EPA's air pollution database,
AQS. Data for this report were extracted on January 10, 2009. They
represent the best information available to EPA from state agencies on
that date. However, some values may be absent due to incomplete
reporting, and some values subsequently may be changed due to quality
assurance activities.'' This disclaimer is particularly relevant to the
EPA's review of the data presented in the Monitor Values Report for the
Martinsburg, WV monitor (monitor ID 540030003) located in
Berkeley County, West Virginia (the Martinsburg monitor'') for the
2008 calendar year. The monitored data set forth in this 2008 Monitor
Values Report were incomplete because this report did not include
monitoring data for the fourth quarter of 2008. The submitted report
included data for only the first three quarters of 2008. Due to the
absence of the fourth quarter 2008 monitoring data, the 2008 design
value for the Martinsburg monitor cannot be accurately calculated using
the data set forth in the submitted 2008 Monitor Values Report. The
fourth quarter monitored PM2.5 mean concentration level at
the Martinsburg monitor, which became available after January 2009, was
10.68 [micro]g/m\3\. The annual PM2.5 mean concentration for
2008 is derived from the average of the quarterly means for each of the
four quarters of 2008: 15.70 [micro]g/m\3\, 13.80 [micro]g/m\3\, 16.57
[micro]g/m\3\, and 10.68 [micro]g/m\3\; and such calculation results in
a finding that the annual PM2.5 mean concentration for 2008
is 14.19 [micro]g/m\3\. The design value for the Martinsburg monitor
for the 2006-2008 period is 14.9 [micro]g/m\3\; this is the average of
the monitored annual PM2.5 mean concentrations of: 14.93
[micro]g/m\3\ in 2006, 15.61 [micro]g/m\3\ in 2007, and 14.19 [micro]g/
m\3\ in 2008. The design value shown in the initial NPRs for the
Martinsburg-Hagerstown, WV-MD nonattainment area published on July 31,
2009 (74 FR 38154 and 74 FR 38161) was 14.9 [micro]g/m\3\. The annual
PM2.5 mean concentrations data and additional 2008 data,
that form the foundation for EPA's attainment determination were
supplied and made available for public comment when EPA re-opened its
public comment period and issued its supplemental NPRs and TSDs. For
further information, see paragraph C(1) on page 3 of the TSDs for the
September 29, 2009 NPR reopening of the comment period (74 FR 49833 and
74 FR 49834).
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\2\ EPA no longer supports the monthly updating of the AirData
Web site from official data contained within AQS. Ambient data
reported to AQS after January 2009 would not be available through
this tool. Due to resources constraints and EPA's plan to replace
AirData with a new method allowing up-to-date access by the public
to data in AQS, as of the date of this response EPA has not updated
the AirData summary data to reflect all 2008 data submitted to AQS.
At the present time, the preferred method for the general public to
access the publicly available PM2.5 AQS data is to use
the data and information available as part of EPA's AirTrends Site
at: http://www.epa.gov/airtrends/values.html.
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Comment

Based on the commenter's contention, set forth above in the
preceding comment, that in 2006-2008 a monitor in Martinsburg, WV
recorded a violation of the PM2.5 NAAQS, the commenter
argues that EPA cannot make a determination of attainment solely for
the Maryland portion of the Martinsburg-Hagerstown area.

Response

As set forth in the response to comment above, EPA disagrees that
the Martinsburg monitor in the Martinsburg-Hagerstown nonattainment
area shows a violation of the annual PM2.5 standard for the
period 2006-2008. EPA agrees, however, that if, hypothetically, the
commenter were correct and EPA determines that complete, quality
assured data from any monitor in the area eligible for comparison to
the NAAQS shows nonattainment, the violation would affect the
attainment status of the entire area that had been designated
nonattainment. As set forth in detail above, however, the complete,
quality-assured data for both monitors in the Martinsburg-Hagerstown
area show that the entire area is in attainment of the NAAQS. EPA
agrees that 40 CFR 51.1004(c) applies upon a determination by EPA
that an area designated nonattainment for the PM2.5 NAAQS
has attained the standard.'' EPA is making the determination here that
the entire Martinsburg-Hagerstown area has attained the
PM2.5 NAAQS, based on monitors in both portions of the bi-
state area.

2009 Data

Comment

In its August 31, 2009 comments, the commenter requested that the
2009 data referred to in the NPRs be made available to the public via
either revised NPRs or a reopening of the comment period to enable the
public to comment on whether the 2009 data supports a finding of
attainment. In its October 29, 2009 comments, the commenter agreed that
EPA cannot rely on the 2009 data to make a finding of attainment as
it is not complete and does not meet EPA requirements for demonstration
of attainment.''

Response

EPA granted the commenter's August 31, 2009 request, presented
available 2009 data, and reopened the comment period. As requested by
the commenter, the portion of the 2009 data that was available at the
time of EPA's July 31, 2009 proposed rulemaking was included as part of
the docket, and the public comment period was reopened on September 29,
2009 (74 FR 49833 and 74 FR 49834). In addition to the 2009 data,
additional information was provided in the September 29, 2009 NPRs that
clarifies how the design value was calculated for the 2006-2008 period.
Thus the commenter and the public have been provided an opportunity to
review data and analyses relating to EPA's determinations of attainment
that are the subject of today's rulemakings.
At the time of EPA's proposed determinations EPA did not have
complete, quality-assured, State-certified air quality data for the
entire 2009 calendar year. Nor does EPA have those data at the time of
this final rulemaking. The complete, quality assured, State certified
air quality data for the entire 2009 calendar year will not be
available until well into calendar year 2010, and, therefore, cannot be
used at this time for purposes of design value calculations during
calendar year 2009. In accordance with 40 CFR Part 50 Appendix N and
standard EPA practice, EPA's determinations of attainment are

[[Page 60202]]

based on the three most recent years of complete, quality-assured data,
from 2006 to 2008. Appendix N does not provide for examining partial
years of data, because various seasons of the year reflect various
influences on PM2.5 concentrations, and a partial year's
data may not be representative of values that would be determined from
a full year's data set. Nevertheless, EPA also examined currently
available data from 2009 for the limited purpose of determining whether
they are consistent with its determination of attainment. The available
data for 2009, though not the basis of EPA determinations of
attainment, indicate a continuing trend that is consistent with EPA's
determination of attainment, based on 2006 to 2008 data, that the
Martinsburg-Hagerstown, Parkersburg-Marietta, and Wheeling 1997
PM2.5 nonattainment areas are attaining the 1997
PM2.5 standards.
In its October 29, 2009 comments, which the Sierra Club submitted
after having an opportunity to review the 2009 data it requested, the
Sierra Club did not raise any additional concerns about the data apart
from their incomplete and preliminary nature. EPA has addressed these
concerns above and in its TSDs. EPA has thus fully explained the scope
of its review of these data, and the basis for its determinations of
attainment based on 2006-2008 data that are complete and quality
assured.

III. What Is the Effect of These Actions?

These final actions, in accordance with 40 CFR 51.1004(c), suspend
the requirements for the Martinsburg-Hagerstown, WV-MD nonattainment
area, the Parkersburg-Marietta, WV-OH nonattainment area, and the
Wheeling, WV-OH nonattainment area to submit attainment demonstrations,
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning SIPs related
to attainment of the 1997 PM2.5 NAAQS for so long as that
area continues to attain the 1997 PM2.5 NAAQS.

IV. When Are These Actions Effective?

EPA finds that there is good cause for these determinations to
become effective on the date of publication of this action in the
Federal Register, because a delayed effective date is unnecessary due
to the nature of the approval. The expedited effective date for these
actions is authorized under both 5 U.S.C. 553(d)(1), which provides
that rule actions may become effective less than 30 days after
publication if the rule grants or recognizes an exemption or relieves
a restriction'' and 5 U.S.C. 553(d)(3), which allows an effective date
less than 30 days after publication as otherwise provided by the
agency for good cause found and published with the rule.'' As noted
above, these determinations of attainment suspend the requirements for
the Martinsburg-Hagerstown, 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 standard for so long as
these areas continue to meet the 1997 PM2.5 NAAQS. The
suspension of these requirements is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In
addition, the suspension of these requirements provide good cause to
make this rule effective on the date of publication of this action in
the Federal Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of
the 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Where, as here, the final rules
suspend requirements rather than imposing obligations, affected parties
do not need time to adjust and prepare before the rule takes effect.

V. What Are EPA's Final Actions?

EPA is determining that the Martinsburg-Hagerstown, Parkersburg-
Marietta, and Wheeling nonattainment areas have attained the standards
for the 1997 PM2.5 NAAQS. These determinations are based
upon complete, 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, preliminary air quality data available for 2009 are
consistent with continuing attainment. These final actions, in
accordance with 40 CFR 51.1004(c), will suspend the requirements for
States to submit attainment demonstrations, associated reasonably
available control measures, reasonable further progress plans,
contingency measures, and other planning SIPs related to attainment of
the 1997 PM2.5 NAAQS for each area, for so long as that area
continues to meet the 1997 PM2.5 NAAQS. EPA's determination
that these areas have attained the 1997 PM2.5 NAAQS are not
equivalent to the redesignation of these areas to attainment. These
actions do not constitute redesignations to attainment under section
107(d)(3) of the CAA, because we do 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
remains nonattainment for the 1997 PM2.5 NAAQS until such
time as EPA determines that these areas meet the CAA requirements for
redesignation to attainment.

VI. What Are the Statutory and Executive Order Reviews?

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), these
actions are not significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, these actions are not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). These
actions make determinations based on air quality data and result in the
suspension of certain Federal requirements. Accordingly, the
Administrator certifies that these rules 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 these rules
make determinations based on air quality data, and result in the
suspension of certain Federal requirements, they do not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
These rules also do not have tribal applications because they 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). These actions also do not have Federalism
implications because they do 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 they merely make determinations
based on air quality data and result in the suspension of certain
Federal requirements, and do not alter the relationship or the
distribution of power and responsibilities established in the

[[Page 60203]]

CAA. These rules also are not subject to Executive Order 13045
Protection of Children from Environmental Health Risks'' (62 FR
19885, April 23, 1997) because they determine that air quality in the
affected areas are 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.
These rules do 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 these rules involve
determinations of attainment based on air quality data and will not
have disproportionately high and adverse human health or environmental
effects on any communities in these areas, including minority and low-
income communities.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not major rules'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of these actions must be filed in the United States
Court of Appeals for the appropriate circuit by January 19, 2010.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of these actions for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or actions.
These actions, pertaining to the determinations of attainment for
the 1997 fine particulate matter standard for the Martinsburg-
Hagerstown, Parkersburg-Marietta, and Wheeling PM2.5
nonattainment areas, may not be challenged later in proceedings to
enforce requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

Dated: November 10, 2009.
William C. Early,

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. Section 52.1081 is amended by designating the existing paragraph as

Sec.  52.1081  Control strategy: Particulate matter.

* * * * *
(b) Determination of Attainment. EPA has determined, as of November
20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspend the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 PM2.5 NAAQS.

Subpart KK--Ohio

0
3. Section 52.1880 is amended by adding paragraph (k) to read as
follows:

Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
(k) Determinations of Attainment. EPA has determined, as of
November 20, 2009, the Parkerburg-Marietta, WV-OH and the Wheeling, WV-
OH PM2.5 nonattainment areas have attained the 1997
PM2.5 NAAQS. These determinations, in accordance with 40 CFR
52.1004(c), suspend the requirements for these areas to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as these areas continue to meet the 1997 PM2.5 NAAQS.

Subpart XX--West Virginia

0
4. Section 52.2526 is amended by designating the existing paragraph as

Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
(b) Determinations of Attainment. EPA has determined, as of
November 20, 2009, the Martinsburg-Hagerstown, WV-MD, the Parkersburg-
Marietta, WV-OH and the Wheeling, WV-OH PM2.5 nonattainment
areas have attained the 1997 PM2.5 NAAQS. These
determinations, in accordance with 40 CFR 52.1004(c), suspend the
requirements for these areas to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as these areas continue to meet
the 1997 PM2.5 NAAQS.

[FR Doc. E9-27824 Filed 11-19-09; 8:45 am]
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