Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; Determinations of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Washington, DC-MD-VA 8-Hour Ozone Moderate Nonattainment Area, 58206-58210 [2011-24098]
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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules
4. Section 199.11 is amended as
follows:
a. Revising paragraph (f)(3) to read as
follows:
§ 199.11
*
*
*
*
(f) * * *
(3) Claims arising from erroneous
TRICARE payments in situations where
the beneficiary has entitlement to an
insurance, medical service, health and
medical plan, including any plan
offered by a third party payer as defined
in 10 U.S.C. 1095(h)(1) or other
government program, except in the case
of a plan administered under Title XIX
of the Social Security Act (42 U.S.C.
1396, et seq.) through employment, by
law, through membership in an
organization, or as a student, or through
the purchase of a private insurance or
health plan, shall be recouped following
the procedures in paragraph (f) of this
section. If the other plan has not made
payment to the beneficiary or provider,
the contractor shall first attempt to
recover the overpayment from the other
plan through the contractor’s
coordination of benefits procedures. If
the overpayment cannot be recovered
from the other plan, or if the other plan
has made payment, the overpayment
will be recovered from the party that
received the erroneous payment from
TRICARE. Nothing in this section shall
be construed to require recoupment
from any sponsor, beneficiary, provider,
supplier and/or the Medicare Program
under Title XVIII of the Social Security
Act in the event of a retroactive
determination of entitlement to SSDI
and Medicare Part A coverage made by
the Social Security Administration as
discussed in section 199.8(d) of this
part.
Dated: August 24, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2011–23765 Filed 9–19–11; 8:45 am]
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BILLING CODE 5001–06–P
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40 CFR Part 52
[EPA–R03–OAR–2010–0986; FRL–9468–3]
Overpayments Recovery.
*
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, and Virginia;
Determinations of Attainment of the
1997 8-Hour Ozone National Ambient
Air Quality Standard for the
Washington, DC–MD–VA 8-Hour Ozone
Moderate Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to make two
determinations regarding the
Washington, DC–MD–VA moderate 8hour ozone nonattainment area (the
Washington Area). First, EPA is
proposing to make a determination that
the Washington Area has attained the
1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS). This
proposed determination is based upon
complete, quality assured, and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 8-hour ozone NAAQS for the
2007–2009 and 2008–2010 monitoring
periods. If this proposal becomes final,
the requirement for this area to submit
an attainment demonstration,
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, and contingency measures
related to attainment of the 1997 8hours ozone NAAQS shall be suspended
for so long as the area continues to
attain the 1997 8-hour ozone NAAQS.
Although these requirements are
suspended, EPA is not precluded from
acting upon these elements at any time
if submitted to EPA for review and
approval. Second, EPA is also proposing
to determine that the Washington Area
has attained the 1997 8-hour ozone
NAAQS by its attainment date of June
15, 2010. These actions are being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before October 20, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0986 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0986,
Cristina Fernandez, Associate Director,
Office of Air Quality Planning, Mailcode
SUMMARY:
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3AP30, 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–2010–
0986. 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.
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.
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FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
e-mail at pino.maria@epa.gov.
For
detailed information regarding this
proposal, EPA prepared a Technical
Support Document (TSD). The TSD can
be viewed at https://
www.regulations.gov. The following
outline is provided to aid in locating
information in this action.
SUPPLEMENTARY INFORMATION:
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA’s analysis of the relevant air
quality data?
V. General Information Pertaining to SIP
Submittals From the Commonwealth of
Virginia
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
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I. What is EPA proposing?
Pursuant to sections 181(b)(2)(A) and
179(c) of the CAA, EPA is proposing to
determine that the Washington Area
attained the 1997 8-hour ozone NAAQS
by its attainment date, June 15, 2010.
This proposed determination is based
upon complete, quality assured, and
certified ambient air monitoring data for
the 2007–2009 monitoring period that
show the area has monitored attainment
of the 1997 8-hour ozone NAAQS
during this monitoring period.
Complete, quality assured, and certified
ambient air monitoring data for the
2008–2010 monitoring period shows
continued attainment.
EPA is also proposing to make a
determination that the Washington Area
has attained the 1997 8-hour ozone
NAAQS. This proposed determination
is based upon complete, quality assured,
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2007–2009 and 2008–
2010 monitoring periods. Once this
proposal is final, the requirement for
this area to submit an attainment
demonstration, reasonably available
control measures, a reasonable further
progress plan, and contingency
measures related to attainment of the
1997 8-hours ozone NAAQS shall be
suspended for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS. Although these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. The
District of Columbia, the State of
Maryland, and the Commonwealth of
Virginia submitted these SIP elements
for the Washington Area to EPA for
review and approval in June 2007.
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On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 parts per
million (ppm). On January 6, 2010, EPA
again addressed this 2008 revised
standard and proposed to set the
primary 8-hour ozone standard within
the range of 0.060 to 0.070 ppm, rather
than at 0.075 ppm. EPA is working to
complete reconsideration of the
standard and thereafter will proceed
with attainment/nonattainment area
designations. This proposed rulemaking
relates only to a determination of
attainment for the 1997 8-hour ozone
standard and is not affected by the
ongoing process of reconsidering the
2008 standard. This action addresses
only the 1997 8-hour ozone standard of
0.08 ppm, and does not address any
subsequently revised 8-hour ozone
standard.
II. What is the background for these
actions?
A. The Washington Area
In 1997, EPA revised the health-based
NAAQS for ozone, setting it at 0.08 ppm
averaged over an 8-hour time frame.
EPA set the 8-hour ozone standard
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower ozone
concentrations and over longer periods
of time, than was understood when the
pre-existing 1-hour ozone standard was
set. EPA determined that the 8-hour
standard would be more protective of
human health, especially children and
adults who are active outdoors, and
individuals with a pre-existing
respiratory disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA
finalized its attainment/nonattainment
designations for areas across the country
with respect to the 8-hour ozone
standard. These actions became
effective on June 15, 2004. Among those
nonattainment areas is the Washington
Area. The Washington Area includes the
District of Columbia; Arlington, Fairfax,
Loudoun, and Prince William Counties
and the cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas
Park in Virginia; and Calvert, Charles,
Frederick, Montgomery, and Prince
George’s Counties in Maryland. The
Washington Area was classified as a
moderate nonattainment area. See, 40
CFR 81.309, 81.321 and 81.347.
Moderate areas are required to attain the
1997 8-hour ozone NAAQS by no later
than six years after designation, or June
15, 2010. See, 40 CFR 51.903.
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B. Requirement to Determine
Attainment by the Attainment Date
Under CAA sections 179(c) and
181(b)(2), EPA is required to make a
determination that a nonattainment area
has attained by its attainment date, and
publish that determination in the
Federal Register. Under CAA section
181(b)(2), which is specific to ozone
nonattainment areas, if EPA determines
that an area failed to attain the ozone
NAAQS by its attainment date, EPA is
required to reclassify that area to a
higher classification.
C. Clean Data Determination
Under the provisions of EPA’s ozone
implementation rule (See, 40 CFR
section 51.918), if EPA issues a
determination that an area is attaining
the relevant standard (through a
rulemaking that includes public notice
and comment), it will suspend the area’s
obligations to submit an attainment
demonstration, RACM, RFP,
contingency measures and other
planning requirements related to
attainment for as long as the area
continues to attain. The determination
of attainment is not equivalent to a
redesignation. The state must still meet
the statutory requirements for
redesignation in order to be
redesignated to attainment.
D. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8hour ozone air quality monitoring data
for 2007 through 2009 show that the
Washington Area has attained the 1997
8-hour ozone NAAQS. The Washington
Area continues to attain the 1997 8-hour
ozone NAAQS considering complete,
quality assured, certified 8-hour ozone
air quality monitoring data for 2008
through 2010.
III. What are the effects of these
actions?
If finalized, the proposed actions will
not constitute a redesignation to
attainment under section 107(d)(3) of
the CAA. The designation status of the
Washington Area will remain
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
A. Proposed Determination of
Attainment by the Attainment Date
EPA is proposing to determine that
the Washington Area has attained the
1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. Once
this determination of attainment is
made final, EPA will have met its
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requirement pursuant to CAA sections
181(b)(2)(A) and 179(c) to determine,
based on the area’s air quality as of the
attainment date, whether the area
attained the standard by that date. The
effect of a final determination of
attainment by the area’s attainment date
will be to discharge EPA’s obligation
under CAA sections 181(b)(2)(A) and
179, and to establish that, in accordance
with CAA section 181(b)(2)(A), the area
will not be reclassified for failure to
attain by its applicable attainment date.
B. Clean Data Determination
EPA is proposing to determine that
the Washington Area is attaining the
1997 8-hour ozone NAAQS. Once EPA
finalizes this determination of
attainment, the CAA requirement for the
Washington 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 8-hour ozone
NAAQS would be suspended for so long
as the area continues to attain the 1997
8-hour ozone NAAQS.
The determination of attainment will:
1. Suspend the requirements to
submit an attainment demonstration,
RACM, RFP plan, contingency
measures, and any other planning SIPs
related to attainment of the 1997 8-hour
ozone NAAQS;
2. Continue until such time, if any,
that EPA (i) redesignates the area to
attainment at which time those
requirements no longer apply, or (ii)
subsequently determines that the area
has violated the 1997 8-hour ozone
NAAQS;
3. Be separate from, and not influence
or otherwise affect, any future
designation determination or
requirements for the area based on any
new or revised ozone NAAQS; and
4. Remain in effect regardless of
whether EPA designates this area as a
nonattainment area for purposes of any
new or revised ozone NAAQS.
Although these requirements are
suspended, EPA is not precluded from
acting upon these elements, which were
submitted to EPA in June 2007.
IV. What is EPA’s analysis of the
relevant air quality data?
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the complete, quality assured
and certified ozone ambient air
monitoring data for the monitoring
periods 2007–2009 and 2008–2010 for
the Washington Area, as recorded in the
EPA Air Quality System (AQS)
database. On the basis of that review,
EPA has concluded that this area
attained the 1997 8-hour ozone NAAQS
based on data for the 2007–2009 ozone
seasons, and continues to attain based
on data for the 2008–2010 ozone
seasons.
A. Data Requirements
Under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained at a site when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations at an ozone monitor is
less than or equal to 0.08 parts per
million (ppm) (i.e., 0.084 ppm, based on
the rounding convention in 40 CFR part
50, appendix I). This 3-year average is
referred to as the design value. When
the design value is less than or equal to
0.084 ppm at each monitoring site
within the area, then the area is meeting
the NAAQS.
Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90%,
and no single year has less than 75%
data completeness as determined in
appendix I of 40 CFR part 50.
B. 2007–2009 Ozone Data
Table 1 shows the ozone design
values for each monitor in the
Washington Area for the years 2007–
2009. All 2007–2009 design values are
below 0.084 ppm, and all monitors meet
the data completeness requirements.
Therefore, the Washington Area has
attained the 1997 8-hour ozone NAAQS,
considering 2007–2009 data.
TABLE 1—2007–2009 WASHINGTON AREA 1997 8-HOUR OZONE DESIGN VALUES
State
County
Monitor ID
Maryland .........................................................
Calvert ............................................................
Charles ...........................................................
Frederick ........................................................
Montgomery ...................................................
Prince George’s .............................................
Virginia ............................................................
Arlington .........................................................
Fairfax ............................................................
Loudoun .........................................................
Prince William ................................................
Alexandria City ...............................................
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District of Columbia .........................................
C. 2008–2010 Ozone Data
In 2010, four monitors in Fairfax
County, Virginia were shutdown due to
lack of funding. Virginia Department of
Environmental Quality (VADEQ)
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worked with EPA prior to the Fairfax
County Health Department shutting
down these monitors. Because the
Washington Area has more ozone
monitoring sites than minimally
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510590005
510590018
510590030
510591005
510595001
511071005
511530009
515100009
110010025
110010041
110010043
2007–2009
Design value
(ppm)
0.074
0.075
0.076
0.078
0.078
0.078
0.079
0.073
0.080
0.080
0.078
0.077
0.077
0.071
0.075
0.077
0.078
0.080
2007–2009
Average %
data
completeness
92
99
98
93
95
98
100
99
100
99
93
100
99
98
97
95
100
100
required, and because VADEQ
performed an analysis on the sites that
were being shutdown showing a strong
correlation between the ambient ozone
data collected at the Fairfax County
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ozone sites targeted for discontinuation
and existing VADEQ ozone air
monitoring sites currently operating in
proximity to the Fairfax County area,
EPA approved the shutdowns in
VADEQ’s 2010 Annual Network Plan.
Therefore, EPA will not consider these
monitors for comparison to the NAAQS
with respect to 2010 data.
Table 2 summarizes the 2008–2010
design values for the Washington Area.
All 2008–2010 design values are below
58209
0.084 ppm, and all monitors meet the
data completeness requirements.
Therefore, 2008–2010 data indicates
that the Washington Area continues to
attain the 1997 8-hour ozone NAAQS.
TABLE 2–2008–2010 WASHINGTON AREA 8-HOUR OZONE DESIGN VALUES
State
County
Maryland .........................................................
Calvert ............................................................
Charles ...........................................................
Frederick ........................................................
Montgomery ...................................................
Prince George’s .............................................
Virginia ............................................................
Arlington .........................................................
Fairfax ............................................................
Loudoun .........................................................
Prince William ................................................
Alexandria City ...............................................
.........................................................................
District of Columbia .........................................
D. Conclusion
EPA’s review of the complete, quality
assured and certified ozone ambient air
monitoring data for the monitoring
periods 2007–2009 and 2008–2010
indicates that the Washington Area has
met the 19978-hour ozone NAAQS.
Additional information on air quality
data for the Washington Area can be
found in the TSD.
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V. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
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Monitor ID
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information (1)
that are generated or developed before
the commencement of a voluntary
environmental assessment; (2) that are
prepared independently of the
assessment process; (3) that demonstrate
a clear, imminent and substantial
danger to the public health or
environment; or (4) that are required by
law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterpartsm * * *.’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
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240170010
240210037
240313001
240330030
240338003
510130020
510590030
511071005
511530009
515100009
110010025
110010041
110010043
2008–2010
Design value
(ppm)
0.077
0.075
0.076
0.074
0.079
0.077
0.079
0.081
0.075
0.070
0.074
0.075
0.077
0.079
2008–2010
Average %
data
completeness
93
99
98
93
93
99
95
94
94
94
91
90
94
95
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a State agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Proposed Rules
VI. Proposed Action
Pursuant to sections 179 and
181(b)(2)(A) of the CAA, EPA is
proposing to determine that the
Washington Area has attained the 1997
8-hour ozone NAAQS by its moderate
area attainment date, June 15, 2010. If
EPA finalizes this determination, the
requirements to submit an attainment
demonstration and associated RACM,
RFP plan, contingency measures, and
any other planning requirements related
to attainment of the 1997 8-hour ozone
NAAQS will be suspended, as provided
in 40 CFR section 51.918, so long as the
area continues to attain the 1997 8-hour
ozone NAAQS. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
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VII. 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);
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Jkt 223001
• 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, these proposed
determinations of attainment of the
1997 8-hour ozone NAAQS for the
Washington Area do not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because this proposed action is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 31, 2011.
W.C. Early,
Garvin, Regional Administrator, Region III.
[FR Doc. 2011–24098 Filed 9–19–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2009–1010–201063; FRL–
9467–7]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; North Carolina:
Redesignation of the HickoryMorganton-Lenoir 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
SIP revisions submitted on December
18, 2009, and December 22, 2010
(supplemental submission) by the State
of North Carolina, through the North
Carolina Department of Environment
and Natural Resources (NC DENR),
Division of Air Quality (DAQ), to
SUMMARY:
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
support North Carolina’s request to
redesignate the Hickory-MorgantonLenoir fine particulate matter (PM2.5)
nonattainment area (hereafter the
‘‘Hickory Area’’ or ‘‘Area’’) to
attainment for the 1997 Annual PM2.5
National Ambient Air Quality Standards
(NAAQS). The Hickory Area is
comprised of Catawba County in its
entirety. EPA is now proposing four
separate but related actions. First, EPA
is proposing to approve the December
18, 2009, PM2.5 redesignation request,
including the December 22, 2010, Motor
Vehicle Emission Simulator (MOVES)
mobile model supplement for the
Hickory Area, provided that EPA takes
final action to approve specific
provisions of the North Carolina Clean
Smokestacks Act (NCCSA). Second,
EPA is proposing to approve North
Carolina’s 2008 emissions inventory for
the Hickory Area under section
172(c)(3) of the Clean Air Act (CAA or
Act). Third, subject to the same proviso
regarding the NCCSA and final approval
of the 2008 emissions inventory, EPA is
proposing to approve the 1997 Annual
PM2.5 NAAQS maintenance plan for the
Hickory Area, including the 2008
baseline emissions inventory, and the
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) for
the years 2011 and 2021, and the mobile
insignificance determination for direct
PM2.5 for the Hickory Area. EPA is also
describing the status of its
transportation conformity adequacy
determination for the new 2011 and
2021 MVEBs for NOX that are contained
in the 1997 Annual PM2.5 NAAQS
maintenance plan for the Hickory Area.
Fourth and separate from the action to
redesignate the Hickory Area, EPA is
proposing to determine that the Area
has attained the 1997 annual PM2.5
NAAQS by its applicable attainment
date of April 5, 2010. These proposed
actions are being taken pursuant to the
CAA and its implementing regulations.
DATES: Comments must be received on
or before October 20, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2009–1010, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2009–1010,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
E:\FR\FM\20SEP1.SGM
20SEP1
]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Proposed Rules]
[Pages 58206-58210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24098]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0986; FRL-9468-3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, and Virginia; Determinations of
Attainment of the 1997 8-Hour Ozone National Ambient Air Quality
Standard for the Washington, DC-MD-VA 8-Hour Ozone Moderate
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to make two determinations regarding the
Washington, DC-MD-VA moderate 8-hour ozone nonattainment area (the
Washington Area). First, EPA is proposing to make a determination that
the Washington Area has attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS). This proposed determination is based upon
complete, quality assured, and certified ambient air monitoring data
that show the area has monitored attainment of the 1997 8-hour ozone
NAAQS for the 2007-2009 and 2008-2010 monitoring periods. If this
proposal becomes final, the requirement for this area to submit an
attainment demonstration, reasonably available control measures (RACM),
a reasonable further progress (RFP) plan, and contingency measures
related to attainment of the 1997 8-hours ozone NAAQS shall be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS. Although these requirements are suspended, EPA is not
precluded from acting upon these elements at any time if submitted to
EPA for review and approval. Second, EPA is also proposing to determine
that the Washington Area has attained the 1997 8-hour ozone NAAQS by
its attainment date of June 15, 2010. These actions are being taken
under the Clean Air Act (CAA).
DATES: Written comments must be received on or before October 20, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0986 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2010-0986, Cristina Fernandez, Associate
Director, Office of Air Quality Planning, Mailcode 3AP30, 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-
2010-0986. 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. 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.
[[Page 58207]]
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: For detailed information regarding this
proposal, EPA prepared a Technical Support Document (TSD). The TSD can
be viewed at https://www.regulations.gov. The following outline is
provided to aid in locating information in this action.
I. What is EPA proposing?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. What is EPA proposing?
Pursuant to sections 181(b)(2)(A) and 179(c) of the CAA, EPA is
proposing to determine that the Washington Area attained the 1997 8-
hour ozone NAAQS by its attainment date, June 15, 2010. This proposed
determination is based upon complete, quality assured, and certified
ambient air monitoring data for the 2007-2009 monitoring period that
show the area has monitored attainment of the 1997 8-hour ozone NAAQS
during this monitoring period. Complete, quality assured, and certified
ambient air monitoring data for the 2008-2010 monitoring period shows
continued attainment.
EPA is also proposing to make a determination that the Washington
Area has attained the 1997 8-hour ozone NAAQS. This proposed
determination is based upon complete, quality assured, and certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 8-hour ozone NAAQS for the 2007-2009 and 2008-2010
monitoring periods. Once this proposal is final, the requirement for
this area to submit an attainment demonstration, reasonably available
control measures, a reasonable further progress plan, and contingency
measures related to attainment of the 1997 8-hours ozone NAAQS shall be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS. Although these requirements are suspended, EPA is not
precluded from acting upon these elements at any time if submitted to
EPA for review and approval. The District of Columbia, the State of
Maryland, and the Commonwealth of Virginia submitted these SIP elements
for the Washington Area to EPA for review and approval in June 2007.
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 parts per million (ppm). On January 6, 2010,
EPA again addressed this 2008 revised standard and proposed to set the
primary 8-hour ozone standard within the range of 0.060 to 0.070 ppm,
rather than at 0.075 ppm. EPA is working to complete reconsideration of
the standard and thereafter will proceed with attainment/nonattainment
area designations. This proposed rulemaking relates only to a
determination of attainment for the 1997 8-hour ozone standard and is
not affected by the ongoing process of reconsidering the 2008 standard.
This action addresses only the 1997 8-hour ozone standard of 0.08 ppm,
and does not address any subsequently revised 8-hour ozone standard.
II. What is the background for these actions?
A. The Washington Area
In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour
ozone standard based on scientific evidence demonstrating that ozone
causes adverse health effects at lower ozone concentrations and over
longer periods of time, than was understood when the pre-existing 1-
hour ozone standard was set. EPA determined that the 8-hour standard
would be more protective of human health, especially children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the Washington Area. The
Washington Area includes the District of Columbia; Arlington, Fairfax,
Loudoun, and Prince William Counties and the cities of Alexandria,
Fairfax, Falls Church, Manassas, and Manassas Park in Virginia; and
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties
in Maryland. The Washington Area was classified as a moderate
nonattainment area. See, 40 CFR 81.309, 81.321 and 81.347. Moderate
areas are required to attain the 1997 8-hour ozone NAAQS by no later
than six years after designation, or June 15, 2010. See, 40 CFR 51.903.
B. Requirement to Determine Attainment by the Attainment Date
Under CAA sections 179(c) and 181(b)(2), EPA is required to make a
determination that a nonattainment area has attained by its attainment
date, and publish that determination in the Federal Register. Under CAA
section 181(b)(2), which is specific to ozone nonattainment areas, if
EPA determines that an area failed to attain the ozone NAAQS by its
attainment date, EPA is required to reclassify that area to a higher
classification.
C. Clean Data Determination
Under the provisions of EPA's ozone implementation rule (See, 40
CFR section 51.918), if EPA issues a determination that an area is
attaining the relevant standard (through a rulemaking that includes
public notice and comment), it will suspend the area's obligations to
submit an attainment demonstration, RACM, RFP, contingency measures and
other planning requirements related to attainment for as long as the
area continues to attain. The determination of attainment is not
equivalent to a redesignation. The state must still meet the statutory
requirements for redesignation in order to be redesignated to
attainment.
D. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8-hour ozone air quality
monitoring data for 2007 through 2009 show that the Washington Area has
attained the 1997 8-hour ozone NAAQS. The Washington Area continues to
attain the 1997 8-hour ozone NAAQS considering complete, quality
assured, certified 8-hour ozone air quality monitoring data for 2008
through 2010.
III. What are the effects of these actions?
If finalized, the proposed actions will not constitute a
redesignation to attainment under section 107(d)(3) of the CAA. The
designation status of the Washington Area will remain nonattainment for
the 1997 8-hour ozone NAAQS until such time as EPA determines that the
area meets the CAA requirements for redesignation to attainment,
including an approved maintenance plan.
A. Proposed Determination of Attainment by the Attainment Date
EPA is proposing to determine that the Washington Area has attained
the 1997 ozone NAAQS by its applicable attainment date of June 15,
2010. Once this determination of attainment is made final, EPA will
have met its
[[Page 58208]]
requirement pursuant to CAA sections 181(b)(2)(A) and 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard by that date. The effect of a
final determination of attainment by the area's attainment date will be
to discharge EPA's obligation under CAA sections 181(b)(2)(A) and 179,
and to establish that, in accordance with CAA section 181(b)(2)(A), the
area will not be reclassified for failure to attain by its applicable
attainment date.
B. Clean Data Determination
EPA is proposing to determine that the Washington Area is attaining
the 1997 8-hour ozone NAAQS. Once EPA finalizes this determination of
attainment, the CAA requirement for the Washington 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 8-hour ozone
NAAQS would be suspended for so long as the area continues to attain
the 1997 8-hour ozone NAAQS.
The determination of attainment will:
1. Suspend the requirements to submit an attainment demonstration,
RACM, RFP plan, contingency measures, and any other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS;
2. Continue until such time, if any, that EPA (i) redesignates the
area to attainment at which time those requirements no longer apply, or
(ii) subsequently determines that the area has violated the 1997 8-hour
ozone NAAQS;
3. Be separate from, and not influence or otherwise affect, any
future designation determination or requirements for the area based on
any new or revised ozone NAAQS; and
4. Remain in effect regardless of whether EPA designates this area
as a nonattainment area for purposes of any new or revised ozone NAAQS.
Although these requirements are suspended, EPA is not precluded
from acting upon these elements, which were submitted to EPA in June
2007.
IV. What is EPA's analysis of the relevant air quality data?
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the complete, quality assured and certified ozone ambient
air monitoring data for the monitoring periods 2007-2009 and 2008-2010
for the Washington Area, as recorded in the EPA Air Quality System
(AQS) database. On the basis of that review, EPA has concluded that
this area attained the 1997 8-hour ozone NAAQS based on data for the
2007-2009 ozone seasons, and continues to attain based on data for the
2008-2010 ozone seasons.
A. Data Requirements
Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 parts per million (ppm)
(i.e., 0.084 ppm, based on the rounding convention in 40 CFR part 50,
appendix I). This 3-year average is referred to as the design value.
When the design value is less than or equal to 0.084 ppm at each
monitoring site within the area, then the area is meeting the NAAQS.
Also, the data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90%,
and no single year has less than 75% data completeness as determined in
appendix I of 40 CFR part 50.
B. 2007-2009 Ozone Data
Table 1 shows the ozone design values for each monitor in the
Washington Area for the years 2007-2009. All 2007-2009 design values
are below 0.084 ppm, and all monitors meet the data completeness
requirements. Therefore, the Washington Area has attained the 1997 8-
hour ozone NAAQS, considering 2007-2009 data.
Table 1--2007-2009 Washington Area 1997 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2007-2009
2007-2009 Average %
State County Monitor ID Design value data
(ppm) completeness
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Calvert................. 240090011 0.074 92
Charles................. 240170010 0.075 99
Frederick............... 240210037 0.076 98
Montgomery.............. 240313001 0.078 93
Prince George's......... 240330030 0.078 95
240338003 0.078 98
Virginia.............................. Arlington............... 510130020 0.079 100
Fairfax................. 510590005 0.073 99
510590018 0.080 100
510590030 0.080 99
510591005 0.078 93
510595001 0.077 100
Loudoun................. 511071005 0.077 99
Prince William.......... 511530009 0.071 98
Alexandria City......... 515100009 0.075 97
District of Columbia.................. 110010025 0.077 95
110010041 0.078 100
110010043 0.080 100
----------------------------------------------------------------------------------------------------------------
C. 2008-2010 Ozone Data
In 2010, four monitors in Fairfax County, Virginia were shutdown
due to lack of funding. Virginia Department of Environmental Quality
(VADEQ) worked with EPA prior to the Fairfax County Health Department
shutting down these monitors. Because the Washington Area has more
ozone monitoring sites than minimally required, and because VADEQ
performed an analysis on the sites that were being shutdown showing a
strong correlation between the ambient ozone data collected at the
Fairfax County
[[Page 58209]]
ozone sites targeted for discontinuation and existing VADEQ ozone air
monitoring sites currently operating in proximity to the Fairfax County
area, EPA approved the shutdowns in VADEQ's 2010 Annual Network Plan.
Therefore, EPA will not consider these monitors for comparison to the
NAAQS with respect to 2010 data.
Table 2 summarizes the 2008-2010 design values for the Washington
Area. All 2008-2010 design values are below 0.084 ppm, and all monitors
meet the data completeness requirements. Therefore, 2008-2010 data
indicates that the Washington Area continues to attain the 1997 8-hour
ozone NAAQS.
Table 2-2008-2010 Washington Area 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2008-2010 2008-2010
State County Monitor ID Design value Average % data
(ppm) completeness
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Calvert................. 240090011 0.077 93
Charles................. 240170010 0.075 99
Frederick............... 240210037 0.076 98
Montgomery.............. 240313001 0.074 93
Prince George's......... 240330030 0.079 93
240338003 0.077 99
Virginia.............................. Arlington............... 510130020 0.079 95
Fairfax................. 510590030 0.081 94
Loudoun................. 511071005 0.075 94
Prince William.......... 511530009 0.070 94
Alexandria City......... 515100009 0.074 91
District of Columbia.................. ........................ 110010025 0.075 90
110010041 0.077 94
110010043 0.079 95
----------------------------------------------------------------------------------------------------------------
D. Conclusion
EPA's review of the complete, quality assured and certified ozone
ambient air monitoring data for the monitoring periods 2007-2009 and
2008-2010 indicates that the Washington Area has met the 19978-hour
ozone NAAQS. Additional information on air quality data for the
Washington Area can be found in the TSD.
V. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterpartsm * * *.'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
State agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
[[Page 58210]]
VI. Proposed Action
Pursuant to sections 179 and 181(b)(2)(A) of the CAA, EPA is
proposing to determine that the Washington Area has attained the 1997
8-hour ozone NAAQS by its moderate area attainment date, June 15, 2010.
If EPA finalizes this determination, the requirements to submit an
attainment demonstration and associated RACM, RFP plan, contingency
measures, and any other planning requirements related to attainment of
the 1997 8-hour ozone NAAQS will be suspended, as provided in 40 CFR
section 51.918, so long as the area continues to attain the 1997 8-hour
ozone NAAQS. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
VII. 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, these proposed determinations of attainment of the
1997 8-hour ozone NAAQS for the Washington Area do not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this proposed action is not approved to
apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on Tribal governments or
preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 31, 2011.
W.C. Early,
Garvin, Regional Administrator, Region III.
[FR Doc. 2011-24098 Filed 9-19-11; 8:45 am]
BILLING CODE 6560-50-P
