Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia, and West Virginia; Determinations of Attainment of the 1997 Fine Particle Standard for the Metropolitan Washington, DC-MD-VA and Martinsburg-Hagerstown, WV-MD Nonattainment Areas, 1411-1414 [2012-141]
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations
within this zone, during periods of
enforcement, is prohibited unless
authorized by Captain of the Port
(COTP) Sector Northern New England.
(3) A speed limit of five (5) knots will
be in effect within the regulated area.
All vessels must proceed through the
area with caution and operate in such a
manner as to produce no wake.
(4) Vessels must comply with all
directions given to them by the COTP
Sector Northern New England or his onscene representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel; New
Hampshire State Police, Maine State
Police, or other designated craft; or may
be on shore and will communicate with
vessels via VHF–FM radio or loudhailer.
Members of the Coast Guard Auxiliary
may be present to inform vessel
operators of this regulation.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(6) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR Subchapter E, Inland
Navigational Rules) remain in effect
within the regulated area and should be
strictly followed at all times.
(c) Enforcement. This regulated
navigation area is enforceable 24 hours
a day from December 22, 2011 until
December 31, 2013.
(1) Notice of suspension of
enforcement: If enforcement is
suspended, the COTP will cause a
notice of the suspension of enforcement
by all appropriate means to be given the
widest publicity among the affected
segments of the public. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such
notification will include the date and
time that enforcement is suspended as
well as the date and time that
enforcement will resume.
(2) Violations of this regulated
navigation area may be reported to the
COTP Sector Northern New England, at
(207) 767–0303 or on VHF–Channel 16.
Dated: December 22, 2011.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–175 Filed 1–9–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0801; FRL–9616–6]
1411
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On July 18, 1997 (62 FR 36852), EPA
established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic
meter (mg/m3) based on a 3-year average
of annual mean PM2.5 concentrations
(hereafter referred to as ‘‘the annual
PM2.5 NAAQS’’ or ‘‘the annual
standard’’). At that time, EPA also
established a 24-hour standard of 65
mg/m3 (the ‘‘1997 24-hour standard’’).
See, 40 CFR 50.7. On January 5, 2005
AGENCY: Environmental Protection
(70 FR 944), EPA published its air
Agency (EPA).
quality designations and classifications
ACTION: Final rule.
for the 1997 PM2.5 NAAQS based upon
air quality monitoring data from those
SUMMARY: EPA is making determinations
monitors for calendar years 2001–2003.
that the Metropolitan Washington,
These designations became effective on
District of Columbia-Maryland-Virginia
April 5, 2005. The Metropolitan
(DC-MD-VA) fine particle (PM2.5)
Washington, DC-MD-VA and the
nonattainment area and the
Martinsburg-Hagerstown, West Virginia- Martinsburg-Hagerstown, WV-MD
nonattainment areas were designated
Maryland (WV-MD) PM2.5
nonattainment area (hereafter referred to nonattainment for the 1997 PM2.5
NAAQS during this designations
as ‘‘Areas’’) have attained the 1997
process. See, 40 CFR part 81.309 (the
annual PM2.5 National Ambient Air
District), 40 CFR 81.321 (Maryland), 40
Quality Standard (NAAQS) by their
CFR 81.347 (Virginia), and 40 CFR
applicable attainment date of April 5,
81.349 (West Virginia). The
2010. These determinations are based
Metropolitan Washington, DC–MD–VA
upon complete, quality-assured, and
certified ambient air monitoring data for 1997 annual PM2.5 nonattainment area
consists of the District of Columbia (the
the 2007–2009 monitoring period. EPA
District), a Northern Virginia portion
is finding these Areas to be in
(Arlington, Fairfax, Loudoun, and
attainment, in accordance with the
Prince William Counties and the cities
requirements of the Clean Air Act
of Alexandria, Falls Church, Fairfax,
(CAA).
Manassas, and Manassas Park), and
DATES: Effective Date: This final rule is
Charles, Frederick, Montgomery, and
effective on February 9, 2012.
Prince George’s Counties in Maryland.
The Martinsburg-Hagerstown, WV-MD
ADDRESSES: EPA has established a
1997 annual PM2.5 nonattainment area
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0801. All consists of Washington County in
documents in the docket are listed in
Maryland and Berkley County in West
the www.regulations.gov Web site.
Virginia.
Although listed in the electronic docket,
EPA previously made clean data
some information is not publicly
determinations related to the 1997
available, i.e., confidential business
annual PM2.5 NAAQS for each of these
information (CBI) or other information
Areas pursuant to 40 CFR 51.1004(c).
whose disclosure is restricted by statute. Determinations were made for the
Certain other material, such as
Metropolitan Washington Area, DC-MDcopyrighted material, is not placed on
VA on January 12, 2009 (74 FR 1146)
the Internet and will be publicly
and for the Martinsburg-Hagerstown,
available only in hard copy form.
WV-MD Area on November 20, 2009 (74
Publicly available docket materials are
FR 60199). These clean data
available either electronically through
determinations remain in effect.
www.regulations.gov or in hard copy for
Under CAA section 179(c), EPA is
public inspection during normal
required to make a determination that a
business hours at the Air Protection
nonattainment area has attained by its
Division, U.S. Environmental Protection applicable attainment date, and publish
Agency, Region III, 1650 Arch Street,
that determination in the Federal
Philadelphia, Pennsylvania 19103.
Register. The determination of
attainment is not equivalent to a
FOR FURTHER INFORMATION CONTACT:
redesignation, and the state must still
Irene Shandruk, (215) 814–2166, or by
meet the statutory requirements for
email at shandruk.irene@epa.gov.
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, Virginia, and
West Virginia; Determinations of
Attainment of the 1997 Fine Particle
Standard for the Metropolitan
Washington, DC-MD-VA and
Martinsburg-Hagerstown, WV-MD
Nonattainment Areas
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations
redesignation in order for the Areas to
be redesignated to attainment.
Complete, quality-assured, and
certified PM2.5 air quality monitoring
data, recorded in the EPA Air Quality
System (AQS) database for 2007–2009,
show that the Metropolitan Washington,
DC-MD-VA and the MartinsburgHagerstown, WV-MD nonattainment
areas attained the 1997 annual PM2.5
NAAQS by their applicable attainment
date.
On November 4, 2011 (76 FR 68378),
EPA published a notice of proposed
rulemaking (NPR) for the District of
Columbia, Maryland, Virginia, and West
Virginia. The NPR proposed to
determine that the Metropolitan
Washington, DC-MD-VA and the
Martinsburg-Hagerstown, WV-MD
nonattainment areas have attained the
1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010. The proposal is based upon
complete, quality-assured, and certified
ambient air monitoring data for the
2007–2009 monitoring period and EPA’s
determinations are in accordance with
EPA’s PM2.5 Implementation Rule of
April 25, 2007 (72 FR 20664). No
comments were submitted on the NPR.
II. What is EPA’s analysis of the
relevant air quality data?
EPA has reviewed the ambient air
monitoring data for PM2.5, consistent
with the requirements contained in 40
CFR part 50 and recorded in the data in
the EPA AQS database for the
Metropolitan Washington, DC-MD-VA
and the Martinsburg-Hagerstown, WVMD nonattainment areas for the
monitoring period from 2007–2009. On
the basis of that review, EPA is
determining that the Areas attained the
1997 annual PM2.5 NAAQS by the
applicable April 5, 2010 attainment
date.
Under EPA regulations at 40 CFR
50.7, the annual primary and secondary
PM2.5 standards are met when the
annual arithmetic mean concentrations,
as determined in accordance with 40
CFR part 50, appendix N, is less than or
equal to 15.0 mg/m3, at all relevant
monitoring sites. The values calculated
in accordance with 40 CFR part 50,
appendix N, are referred to as design
values, and these values are used to
determine if an area is attaining the
PM2.5 NAAQS. According to the PM2.5
implementation rule, the attainment
date for these Areas is April 5, 2010 and
the monitoring data from 2007–2009 is
used to determine if the Areas attained
by April 5, 2010.
Table 1 shows the PM2.5 design values
for each monitor in the Metropolitan
Washington, DC–MD–VA and the
Martinsburg-Hagerstown, WV–MD
nonattainment areas, respectively, for
the years 2007–2009. All 2007–2009
design values are below 15.0 mg/m3, and
all monitors meet the data completeness
requirements. Therefore, the
Metropolitan Washington, DC-MD-VA
and the Martinsburg-Hagerstown, WVMD nonattainment areas attained the
1997 annual PM2.5 NAAQS by their
attainment date.
TABLE 1—1997 ANNUAL PM2.5 DESIGN VALUES FOR THE METROPOLITAN WASHINGTON, DC-MD-VA AND MARTINSBURGHAGERSTOWN, WV-MD AREAS *
State
County
Monitor ID
2007
Annual
mean
2008
Annual
mean
2009
Annual
mean
Certified
design
value
2007–2009
(μg/m3)
13.6
13.7
13.0
12.0
12.3
11.6
10.5
10.1
10.2
12.0
12.1
11.6
13.8
12.5
13.3
13.5
12.0
11.1
11.2
11.8
10.1
9.8
9.5
9.7
11.9
11.1
11.3
11.7
12.8
11.5
9.2
11.2
11.7
14.1
11.8
12.4
10.8
12.4
10.9
11.2
9.4
10.7
8.7
8.8
10.7
12.4
10.5
10.8
12.9
15.6
11.8
14.2
9.7
12.1
11.5
14.0
Metropolitan Washington, DC-VA-MD
DC
District of Columbia .......................................................................................
District of Columbia .......................................................................................
District of Columbia .......................................................................................
110010041
110010042
110010043
VA
Alexandria ......................................................................................................
Arlington .........................................................................................................
Fairfax ............................................................................................................
Farifax County ...............................................................................................
Fairfax ............................................................................................................
Falls Church ...................................................................................................
Loudon ...........................................................................................................
Manassas .......................................................................................................
Manassas Park ..............................................................................................
No monitor
510130020
510590030
510591005
510595001
No monitor
511071005
No monitor
No monitor
Charles ...........................................................................................................
Frederick ........................................................................................................
Montgomery ...................................................................................................
Prince Georges ..............................................................................................
Prince Georges ..............................................................................................
Prince Georges ..............................................................................................
No monitor
No monitor
240313001
240330025
240330030
240338003
MD
Martinsburg-Hagerstown, WV-MD
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WV
MD
Berkley ...........................................................................................................
Washington ....................................................................................................
240430009
540030003
* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
III. Final Action
EPA is finalizing the determinations
that the Metropolitan Washington, DCMD-VA and the MartinsburgHagerstown, WV-MD nonattainment
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areas have attained the 1997 annual
PM2.5 standard by the applicable
attainment date (April 5, 2010). These
actions meet the requirement pursuant
to section 179(c) of the CAA for EPA to
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make a determination as to whether the
Areas attained the standard by the
applicable attainment date of April 5,
2010.
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations
Finalizing these actions does not
constitute a redesignation of the Areas
to attainment of the 1997 annual PM2.5
NAAQS under section 107(d)(3) of the
CAA. Further, finalizing these
determinations does not involve
approving maintenance plans for the
Areas as required under section 175A of
the CAA, nor does it find that the Areas
have met all other requirements for
redesignation. The designation status of
the Metropolitan Washington, DC-MDVA and the Martinsburg-Hagerstown,
WV-MD areas remains nonattainment
for the 1997 annual PM2.5 NAAQS until
such time as EPA determines that the
Areas meet the CAA requirements for
redesignation to attainment and EPA
acts to redesignate the Metropolitan
Washington, DC-MD-VA and the
Martinsburg-Hagerstown, WV-MD
nonattainment areas.
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IV. Statutory and Executive Order
Reviews
A. General Requirements
This action merely makes attainment
determinations based on air quality data
and does not impose any additional
requirements. For that reason, this
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
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1413
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
Dated: December 27, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
In addition, this rule 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
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
PART 52—[AMENDED]
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 this action 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.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 12, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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 action. This action
pertaining to the determinations of
attainment for the Metropolitan
Washington, DC-MD-VA and the
Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment areas may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
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40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. Section 52.475 is added to read as
follows:
■
§ 52.475
Determinations of attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Metropolitan Washington, District of
Columbia-Maryland-Virginia (DC-MDVA) fine particle (PM2.5) nonattainment
area attained the 1997 annual PM2.5
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of April 5, 2010. Therefore, EPA
has met the requirement pursuant to
CAA section 179(c) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Metropolitan
Washington, DC-MD-VA nonattainment
area is not subject to the consequences
of failing to attain pursuant to section
179(d).
Subpart V—Maryland
2. Section 52.1082 is added to read as
follows:
■
§ 52.1082
Determinations of attainment.
(a) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Metropolitan Washington, District of
Columbia-Maryland-Virginia (DC-MDVA) fine particle (PM2.5) nonattainment
area attained the 1997 annual PM2.5
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of April 5, 2010. Therefore, EPA
has met the requirement pursuant to
CAA section 179(c) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Metropolitan
Washington, DC-MD-VA nonattainment
area is not subject to the consequences
of failing to attain pursuant to section
179(d).
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Martinsburg-Hagerstown, West VirginiaMaryland (WV-MD) fine particle (PM2.5)
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules and Regulations
nonattainment area attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the area’s
air quality as of the attainment date,
whether the area attained the standard.
EPA also determined that the
Martinsburg-Hagerstown, WV-MD
nonattainment area is not subject to the
consequences of failing to attain
pursuant to section 179(d).
Subpart VV—Virginia
4. Section 52.2430 is added to read as
follows:
■
§ 52.2430
Determinations of attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Metropolitan Washington, District of
Columbia-Maryland-Virginia (DC-MDVA) fine particle (PM2.5) nonattainment
area attained the 1997 annual PM2.5
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of April 5, 2010. Therefore, EPA
has met the requirement pursuant to
CAA section 179(c) to determine, based
on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Metropolitan
Washington, DC-MD-VA PM2.5
nonattainment area is not subject to the
consequences of failing to attain
pursuant to section 179(d).
Subpart XX—West Virginia
5. Section 52.2527 is amended by
adding paragraph (e) to read as follows:
■
§ 52.2527
Determination of attainment.
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*
*
*
*
*
(e) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Martinsburg-Hagerstown, West VirginiaMaryland (WV-MD) fine particle (PM2.5)
nonattainment area attained the 1997
annual PM2.5 National Ambient Air
Quality Standard (NAAQS) by the
applicable attainment date of April 5,
2010. Therefore, EPA has met the
requirement pursuant to CAA section
179(c) to determine, based on the area’s
air quality as of the attainment date,
whether the area attained the standard.
EPA also determined that the
Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area is not subject to the
consequences of failing to attain
pursuant to section 179(d).
[FR Doc. 2012–141 Filed 1–9–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2010–0917; FRL–9616–4]
Approval and Promulgation of State
Implementation Plans: Alaska
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve revisions to the Alaska State
Implementation Plan (SIP) relating to
the motor vehicle inspection and
maintenance program (I/M) for control
of carbon monoxide (CO) in Anchorage.
The State of Alaska (the State)
submitted a September 29, 2010, SIP
modification that would discontinue the
I/M program in Anchorage as an active
control measure in the SIP and shift it
to a contingency measure. EPA is
approving the submittal because it
satisfies the requirements of the Clean
Air Act (CAA or the Act).
DATES: This action is effective on
February 9, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2010–0917. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information 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 https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–107, 1200 Sixth
Avenue, Seattle, Washington 98101.
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Claudia Vergnani Vaupel, (206) 553–
6121, or by email at
vaupel.claudia@epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA. Information is organized as
follows:
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Table of Contents
I. What is the background for this final
action?
II. What is our response to comments
received on the notice of proposed
rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this final
action?
The I/M program is a CO control
measure in the Anchorage CO
maintenance plan that was Federally
approved on June 23, 2004 (69 FR
34935). The State of Alaska submitted a
September 29, 2010, SIP modification
discontinuing the I/M program in
Anchorage as an active control measure
in the SIP and shifting it to a
contingency measure. EPA is approving
the 2010 submittal because it satisfies
the requirements of the CAA.
In accordance with the CAA and EPA
redesignation guidance, states may
adjust control strategies in the
maintenance plan as long as they can
demonstrate that the revision will not
interfere with attainment or
maintenance of the National Ambient
Air Quality Standards (NAAQS), or any
other CAA requirements. See CAA
sections 175A and 110(l). However,
section 175A(d) of the CAA requires
that contingency measures in the
maintenance plan include all measures
in the SIP for the area before that area
was redesignated to attainment.
The SIP revision submitted by Alaska
included a technical analysis using EPA
approved models and methods to
demonstrate that the Anchorage area
would continue to maintain the CO
standard without the I/M program in
place and that the revision would not
interfere with attainment and
maintenance of the other NAAQS. The
submittal also documented that
Anchorage will retain the legal authority
necessary to implement the I/M program
as a contingency measure.
On September 7, 2011, EPA proposed
to approve the State’s submittal as
meeting the requirements of the Act (76
FR 55325). For a more detailed
discussion of the background of this
rulemaking, please see EPA’s notice of
proposed approval. In this final action,
EPA is approving the SIP modifications
to the Anchorage CO maintenance plan
as originally proposed in EPA’s notice
of proposed rulemaking.
II. What is our response to comments
received on the notice of proposed
rulemaking?
The public comment period for EPA’s
proposal to approve Alaska’s request
closed on October 7, 2011. EPA received
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Rules and Regulations]
[Pages 1411-1414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0801; FRL-9616-6]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, Virginia, and West Virginia;
Determinations of Attainment of the 1997 Fine Particle Standard for the
Metropolitan Washington, DC-MD-VA and Martinsburg-Hagerstown, WV-MD
Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is making determinations that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area and the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) PM2.5 nonattainment area
(hereafter referred to as ``Areas'') have attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by their
applicable attainment date of April 5, 2010. These determinations are
based upon complete, quality-assured, and certified ambient air
monitoring data for the 2007-2009 monitoring period. EPA is finding
these Areas to be in attainment, in accordance with the requirements of
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on February 9,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0801. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On July 18, 1997 (62 FR 36852), EPA established a health-based
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations (hereafter referred to as ``the annual PM2.5
NAAQS'' or ``the annual standard''). At that time, EPA also established
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 24-hour standard'').
See, 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air
quality designations and classifications for the 1997 PM2.5
NAAQS based upon air quality monitoring data from those monitors for
calendar years 2001-2003. These designations became effective on April
5, 2005. The Metropolitan Washington, DC-MD-VA and the Martinsburg-
Hagerstown, WV-MD nonattainment areas were designated nonattainment for
the 1997 PM2.5 NAAQS during this designations process. See,
40 CFR part 81.309 (the District), 40 CFR 81.321 (Maryland), 40 CFR
81.347 (Virginia), and 40 CFR 81.349 (West Virginia). The Metropolitan
Washington, DC-MD-VA 1997 annual PM2.5 nonattainment area
consists of the District of Columbia (the District), a Northern
Virginia portion (Arlington, Fairfax, Loudoun, and Prince William
Counties and the cities of Alexandria, Falls Church, Fairfax, Manassas,
and Manassas Park), and Charles, Frederick, Montgomery, and Prince
George's Counties in Maryland. The Martinsburg-Hagerstown, WV-MD 1997
annual PM2.5 nonattainment area consists of Washington
County in Maryland and Berkley County in West Virginia.
EPA previously made clean data determinations related to the 1997
annual PM2.5 NAAQS for each of these Areas pursuant to 40
CFR 51.1004(c). Determinations were made for the Metropolitan
Washington Area, DC-MD-VA on January 12, 2009 (74 FR 1146) and for the
Martinsburg-Hagerstown, WV-MD Area on November 20, 2009 (74 FR 60199).
These clean data determinations remain in effect.
Under CAA section 179(c), EPA is required to make a determination
that a nonattainment area has attained by its applicable attainment
date, and publish that determination in the Federal Register. The
determination of attainment is not equivalent to a redesignation, and
the state must still meet the statutory requirements for
[[Page 1412]]
redesignation in order for the Areas to be redesignated to attainment.
Complete, quality-assured, and certified PM2.5 air
quality monitoring data, recorded in the EPA Air Quality System (AQS)
database for 2007-2009, show that the Metropolitan Washington, DC-MD-VA
and the Martinsburg-Hagerstown, WV-MD nonattainment areas attained the
1997 annual PM2.5 NAAQS by their applicable attainment date.
On November 4, 2011 (76 FR 68378), EPA published a notice of
proposed rulemaking (NPR) for the District of Columbia, Maryland,
Virginia, and West Virginia. The NPR proposed to determine that the
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD
nonattainment areas have attained the 1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010. The proposal
is based upon complete, quality-assured, and certified ambient air
monitoring data for the 2007-2009 monitoring period and EPA's
determinations are in accordance with EPA's PM2.5
Implementation Rule of April 25, 2007 (72 FR 20664). No comments were
submitted on the NPR.
II. What is EPA's analysis of the relevant air quality data?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded in the data in the EPA AQS database for the
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD
nonattainment areas for the monitoring period from 2007-2009. On the
basis of that review, EPA is determining that the Areas attained the
1997 annual PM2.5 NAAQS by the applicable April 5, 2010
attainment date.
Under EPA regulations at 40 CFR 50.7, the annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentrations, as determined in accordance with 40 CFR part 50,
appendix N, is less than or equal to 15.0 [mu]g/m\3\, at all relevant
monitoring sites. The values calculated in accordance with 40 CFR part
50, appendix N, are referred to as design values, and these values are
used to determine if an area is attaining the PM2.5 NAAQS.
According to the PM2.5 implementation rule, the attainment
date for these Areas is April 5, 2010 and the monitoring data from
2007-2009 is used to determine if the Areas attained by April 5, 2010.
Table 1 shows the PM2.5 design values for each monitor
in the Metropolitan Washington, DC-MD-VA and the Martinsburg-
Hagerstown, WV-MD nonattainment areas, respectively, for the years
2007-2009. All 2007-2009 design values are below 15.0 [mu]g/m\3\, and
all monitors meet the data completeness requirements. Therefore, the
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD
nonattainment areas attained the 1997 annual PM2.5 NAAQS by
their attainment date.
Table 1--1997 Annual PM2.5 Design Values for the Metropolitan Washington, DC-MD-VA and Martinsburg-Hagerstown,
WV-MD Areas *
----------------------------------------------------------------------------------------------------------------
Certified
design
2007 2008 2009 value 2007-
State County Monitor ID Annual Annual Annual 2009
mean mean mean ([mu]g/
m\3\)
----------------------------------------------------------------------------------------------------------------
Metropolitan Washington, DC-VA-MD
----------------------------------------------------------------------------------------------------------------
DC District of Columbia........ 110010041 13.6 12.0 10.5 12.0
District of Columbia........ 110010042 13.7 12.3 10.1 12.1
District of Columbia........ 110010043 13.0 11.6 10.2 11.6
----------------------------------------------------------------------------------------------------------------
VA Alexandria.................. No monitor
Arlington................... 510130020 13.8 12.0 10.1 11.9
Fairfax..................... 510590030 12.5 11.1 9.8 11.1
Farifax County.............. 510591005 13.3 11.2 9.5 11.3
Fairfax..................... 510595001 13.5 11.8 9.7 11.7
Falls Church................ No monitor
Loudon...................... 511071005 12.8 11.5 9.2 11.2
Manassas.................... No monitor
Manassas Park............... No monitor
----------------------------------------------------------------------------------------------------------------
MD Charles..................... No monitor
Frederick................... No monitor
Montgomery.................. 240313001 11.7 10.8 9.4 10.7
Prince Georges.............. 240330025 14.1 12.4 10.7 12.4
Prince Georges.............. 240330030 11.8 10.9 8.7 10.5
Prince Georges.............. 240338003 12.4 11.2 8.8 10.8
----------------------------------------------------------------------------------------------------------------
Martinsburg-Hagerstown, WV-MD
----------------------------------------------------------------------------------------------------------------
WV Berkley..................... 240430009 12.9 11.8 9.7 11.5
MD Washington.................. 540030003 15.6 14.2 12.1 14.0
----------------------------------------------------------------------------------------------------------------
* The data presented in Table 1 are available at https://www.epa.gov/air/airtrends/values.html.
III. Final Action
EPA is finalizing the determinations that the Metropolitan
Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD
nonattainment areas have attained the 1997 annual PM2.5
standard by the applicable attainment date (April 5, 2010). These
actions meet the requirement pursuant to section 179(c) of the CAA for
EPA to make a determination as to whether the Areas attained the
standard by the applicable attainment date of April 5, 2010.
[[Page 1413]]
Finalizing these actions does not constitute a redesignation of the
Areas to attainment of the 1997 annual PM2.5 NAAQS under
section 107(d)(3) of the CAA. Further, finalizing these determinations
does not involve approving maintenance plans for the Areas as required
under section 175A of the CAA, nor does it find that the Areas have met
all other requirements for redesignation. The designation status of the
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD
areas remains nonattainment for the 1997 annual PM2.5 NAAQS
until such time as EPA determines that the Areas meet the CAA
requirements for redesignation to attainment and EPA acts to
redesignate the Metropolitan Washington, DC-MD-VA and the Martinsburg-
Hagerstown, WV-MD nonattainment areas.
IV. Statutory and Executive Order Reviews
A. General Requirements
This action merely makes attainment determinations based on air
quality data and does not impose any additional requirements. For that
reason, this 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 CAA; 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 rule 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 it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 this action 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. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 12, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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
action. This action pertaining to the determinations of attainment for
the Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown,
WV-MD PM2.5 nonattainment areas may not be challenged later
in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: December 27, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
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 J--District of Columbia
0
2. Section 52.475 is added to read as follows:
Sec. 52.475 Determinations of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing
to attain pursuant to section 179(d).
Subpart V--Maryland
0
2. Section 52.1082 is added to read as follows:
Sec. 52.1082 Determinations of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing
to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) fine particle (PM2.5)
[[Page 1414]]
nonattainment area attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) by the applicable attainment date
of April 5, 2010. Therefore, EPA has met the requirement pursuant to
CAA section 179(c) to determine, based on the area's air quality as of
the attainment date, whether the area attained the standard. EPA also
determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is
not subject to the consequences of failing to attain pursuant to
section 179(d).
Subpart VV--Virginia
0
4. Section 52.2430 is added to read as follows:
Sec. 52.2430 Determinations of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA PM2.5 nonattainment area is not subject to the
consequences of failing to attain pursuant to section 179(d).
Subpart XX--West Virginia
0
5. Section 52.2527 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2527 Determination of attainment.
* * * * *
(e) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) fine particle (PM2.5)
nonattainment area attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) by the applicable attainment date
of April 5, 2010. Therefore, EPA has met the requirement pursuant to
CAA section 179(c) to determine, based on the area's air quality as of
the attainment date, whether the area attained the standard. EPA also
determined that the Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area is not subject to the consequences of failing to
attain pursuant to section 179(d).
[FR Doc. 2012-141 Filed 1-9-12; 8:45 am]
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