Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; District of Columbia, Maryland, and Virginia; Washington, DC-MD-VA Area, 19011-19014 [2017-08356]

Download as PDF Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Once your comment has been posted on the public FTC Web site—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request in accordance with the law and the public interest. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Visit the Commission Web site at https://www.ftc.gov to read this document and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before May 24, 2017. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at https://www.ftc.gov/siteinformation/privacy-policy. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017–08248 Filed 4–24–17; 8:45 am] nlaroche on DSK30NT082PROD with PROPOSALS BILLING CODE 6750–01–P VerDate Sep<11>2014 14:19 Apr 24, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2016–0369; FRL–9960–03– Region 3] Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; District of Columbia, Maryland, and Virginia; Washington, DC-MD-VA Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to determine that the Washington, DC-MD-VA marginal ozone nonattainment area (the Washington Area) has attained the 2008 ozone national ambient air quality standard (NAAQS) by the July 20, 2016 attainment date. This proposed determination is based on complete, certified, and quality assured ambient air quality monitoring data for the Washington Area for the 2013 through 2015 monitoring period. This proposed determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before May 25, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2016–0369 at https:// www.regulations.gov, or via email to rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 19011 making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814–2042, or by email at huang.gavin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background A. Statutory Requirement— Determination of Attainment by the Attainment Date Section 181(b)(2) of the CAA requires EPA to determine, within 6 months of an ozone nonattainment area’s attainment date, whether that area attained the ozone standard by that date. Section 181(b)(2) of the CAA also requires that areas that have not attained the standard by their attainment deadlines be reclassified to either the next higher classification (e.g., marginal to moderate, moderate to serious, etc.) or to the classifications applicable to the areas’ design values in Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism by which the EPA Administrator may grant a 1-year extension of an area’s attainment deadline, provided that the relevant states meet certain criteria. B. The Washington Area and Its Attainment Date On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR 16436 (March 27, 2008). In a May 21, 2012 final rule, the Washington Area was designated as marginal nonattainment for the more stringent 2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The Washington Area consists of the Counties of Calvert, Charles, Frederick, Montgomery, and Prince George’s in Maryland; the Counties of Arlington, Fairfax, Loudoun, and Prince William and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities in Virginia; and the entirety of the District of Columbia. See 40 CFR 81.309, 81.321, and 81.347. In a separate rulemaking action, also published on May 21, 2012 and effective on July 20, 2012, EPA established the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This rulemaking also established December 31 of each E:\FR\FM\25APP1.SGM 25APP1 19012 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules relevant calendar year as the attainment date for all nonattainment area classification categories. Section 181 of the CAA provides that the attainment deadline for ozone nonattainment areas is ‘‘as expeditiously as practicable’’ but no later than the prescribed dates that are provided in Table 1 of that section. In the Classifications Rule, EPA translated the deadlines in Table 1 of CAA section 181 for purposes of the 2008 standard by measuring those deadlines from the effective date of the new designations, but extended those deadlines by several months to December 31 of the corresponding calendar year. Pursuant to a challenge of EPA’s interpretation of the attainment deadlines, on December 23, 2014, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision rejecting, among other things, the Classifications Rule’s attainment deadlines for the 2008 ozone nonattainment areas, finding that EPA did not have statutory authority under the CAA to extend those deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464– 69 (D.C. Cir. 2014). Accordingly, as part of the final rule, ‘‘Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan (SIP) Requirements,’’ for the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), EPA modified the maximum attainment dates for all nonattainment areas for the 2008 ozone NAAQS, consistent with the D.C. Circuit’s decision. The SIP Requirements Rule established a maximum deadline for marginal nonattainment areas of three years from the effective date of designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103. In a final rulemaking action published on May 4, 2016, EPA determined that the Washington Area did not attain the 2008 ozone NAAQS by its July 20, 2015 attainment date, based on ambient air quality monitoring data for the 2012– 2014 monitoring period. In that same action, EPA determined that the Washington Area qualified for a 1-year extension of its attainment date, as provided in section 181(a)(5) of the CAA and interpreted by regulation at 40 CFR 51.1107. With that final rulemaking action, the new attainment date for the Washington Area is July 20, 2016. See 81 FR 26697 (May 4, 2016). II. EPA’s Analysis of the Relevant Air Quality Data Under EPA regulations, at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a monitoring site when the three-year average of the annual fourthhighest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.075 ppm. This three-year average is referred to as the design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the designated nonattainment area, then the area is deemed to be meeting the NAAQS. The rounding convention under 40 CFR part 50, appendix P dictates that concentrations shall be reported in ppm to the third decimal place, with additional digits to the right being truncated. Thus, a computed three-year average ozone concentration of 0.0759 ppm or lower would meet the standard, but 0.0760 ppm or higher is over the standard. EPA’s proposed determination of attainment is based upon data that has been collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA’s Air Quality System (AQS) database. Ambient air quality monitoring data for the three-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the three-year average of the percent (%) of required monitoring days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness, as determined according to 40 CFR part 50, appendix P. Tables 1 and 2 show the data completeness and ozone design values, respectively, for each monitor in the Washington Area for the years 2013– 2015. TABLE 1—2013–2015 WASHINGTON AREA OZONE MONITOR DATA COMPLETENESS County, state % Data completeness Site ID 2013 District of Columbia. 2014 2013–2015 Average % completeness 2015 nlaroche on DSK30NT082PROD with PROPOSALS 0 0 33 99 d 78 99 100 99 99 d 92 240090011 240170010 240210037 240313001 240330030 99 90 97 98 100 100 97 96 99 99 96 98 97 99 95 98 95 96 99 98 240338003 240339991 Arlington, VA ........ Fairfax, VA ........... Loudoun, VA ........ Prince William, VA 99 110010043 110010050 Calvert, MD .......... Charles, MD ......... Frederick, MD ...... Montgomery, MD Prince George’s, MD. 110010041 100 98 99 99 e 99 e 100 e 100 e 99 510130020 510590030 511071005 511530009 94 99 100 100 100 91 99 100 99 97 93 99 Comment Construction caused temporary site shut down in 2014. a 98 96 97 100 99 The site began operating in January 2013. It was shut down from July to November 2013 due to building repairs. b Clean Air Status and Trends Network (CASTNET) monitor. c Notes: a The temporary shutdown was included in the District of Columbia Department of Energy & Environment (DC DOEE) July 2015 Annual Network Plan, which was submitted to EPA on June 25, 2015 and approved by EPA on November 12, 2015. b The temporary shutdown was not included in the DC DOEE’s Annual Network Plan. c EPA’s Clean Air Markets Division (CAMD) operates this CASTNET monitor. VerDate Sep<11>2014 14:19 Apr 24, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\25APP1.SGM 25APP1 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules 19013 d Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the analysis conducted by DC DOEE and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA–R03–OAR–2016–0369. e Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis conducted by CAMD and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA– R03–OAR–2016–0369. As shown in Table 1, several monitoring sites did not meet the completeness criteria set out in 40 CFR part 50, appendix P. For monitor 110010041 in the District of Columbia, the reason for the completeness issue was a monitor shutdown, approved into DC DOEE’s annual network monitoring plan. Because three years of complete data is not possible at this monitoring site, EPA does not look for valid design values there in determining attainment with the NAAQS. For monitor 110010050 in the District of Columbia, the temporary shutdown due to construction was not approved into the associated monitoring plan. For EPA’s monitor 240339991 in Prince George’s County, Maryland, there were malfunctions that led to completeness issues. In order to obtain a valid design value for these monitors, DC DOEE and EPA’s CAMD conducted completeness demonstrations of ‘‘missing days assumed less than the standard’’ to show that had the monitors been operational on days for which data is missing, the ozone levels recorded would have been below the standard. DC DOEE and EPA performed an analysis of the meteorological data and a regression analysis in order to meet the data completeness requirements for these monitors. EPA also conducted for these two monitors a substitution analysis as a check on the validity of the meteorological analysis and regression analysis. Using these methods, EPA was able to ‘‘add’’ enough ozone season days to the two monitors to meet the data completeness requirements of 40 CFR part 50, appendix P. The details of these analyses and EPA’s approval letters for both data substitution analyses are available online at https:// www.regulations.gov, Docket number EPA–R03–OAR–2016–0369. Consistent with the requirements contained in 40 CFR part 50, appendix P, EPA has reviewed the ozone ambient air quality monitoring data for the monitoring period from 2013 through 2015 for the Washington Area, as recorded in the AQS database. As shown in Table 2, all valid 2013–2015 design values are less than or equal to 0.075 ppm. Therefore, EPA concludes that the Washington Area has attained the 2008 ozone NAAQS, considering 2013–2015 data. TABLE 2—2013–2015 WASHINGTON AREA 2008 OZONE DESIGN VALUES [PPM] County, state 4th Highest daily max value Site ID 2013 District of Columbia .............................................................. Calvert, MD .......................................................................... Charles, MD ......................................................................... Frederick, MD ...................................................................... Montgomery, MD ................................................................. Prince George’s MD ............................................................ Arlington, VA ........................................................................ Fairfax, VA ........................................................................... Loudoun, VA ........................................................................ Prince William, VA ............................................................... 110010041 110010043 110010050 240090011 240170010 240210037 240313001 240330030 240338003 240339991 510130020 510590030 511071005 511530009 2014 0.062 0.066 0.066 0.067 0.064 0.069 0.069 0.068 0.069 0.072 0.067 0.067 0.066 0.066 0.047 * 0.068 0.069 0.070 0.067 0.063 0.064 0.065 0.069 0.069 0.071 0.065 0.063 0.062 2013–2015 design values 2015 0.072 0.072 0.067 0.068 0.070 0.072 0.072 0.069 0.067 0.073 0.072 0.071 0.067 0.068 0.069 0.068 0.066 0.067 0.068 0.068 0.069 0.069 0.070 0.068 0.066 0.065 Notes: Only valid design values for monitors meeting the completeness criteria are shown. * Annual value does not meet completeness criteria. nlaroche on DSK30NT082PROD with PROPOSALS III. Proposed Action EPA evaluated ozone data from air quality monitors in the Washington Area in order to determine the Washington Area’s attainment status under the 2008 ozone NAAQS. Federal, state, and local agencies responsible for ozone air monitoring networks supplied and quality assured the data. All the monitoring sites with valid data had design values equal to or less than 0.075 ppm based on the 2013 through 2015 monitoring period. Considering that review, EPA has concluded that the Washington Area attained the 2008 VerDate Sep<11>2014 14:19 Apr 24, 2017 Jkt 241001 ozone NAAQS based on complete, quality assured and certified data for the 2013 through 2015 ozone seasons. Thus, EPA proposes to determine in accordance with its statutory obligations under section 181(b)(2)(A) of the CAA that the Washington Area attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. EPA’s proposed determination is in accordance with applicable regulatory requirements under 81 FR 26697 (with respect to issuance of the 1-year extension of the attainment date for the Washington Area) and with the related PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 provisions of the SIP Requirements Rule (40 CFR 51.1103). This proposed determination of attainment does not constitute a redesignation to attainment. Redesignations require states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for 10 years after redesignation. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. E:\FR\FM\25APP1.SGM 25APP1 nlaroche on DSK30NT082PROD with PROPOSALS 19014 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Proposed Rules IV. Statutory and Executive Order Reviews This rulemaking action proposes to make a determination of attainment on the 2008 ozone NAAQS based on air quality and, if finalized, would not impose additional requirements. For that reason, this proposed determination of attainment: • 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). This SIP, proposing to determine that the Washington Area attained the 2008 ozone NAAQS by its July 20, 2016 attainment date, is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. VerDate Sep<11>2014 14:19 Apr 24, 2017 Jkt 241001 Authority: 42 U.S.C. 7401 et seq. Dated: February 22, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. [FR Doc. 2017–08356 Filed 4–24–17; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WT Docket No. 17–80, WC Docket No. 10– 90, WT Docket No. 10–208, WC Docket No. 11–10; DA 17–347] Connect America Fund; Universal Service Reform—Mobility Fund Federal Communications Commission. ACTION: Proposed rule; extension of comment and reply comment period. AGENCY: In this document, the Commission extends the deadline for filing comments and reply comments on the Commission’s Further Notice of Proposed Rulemaking (FNPRM) in this proceeding, which was published in the Federal Register on March 13, 2017. The Commission also extends the deadline established in a separate Public Notice for filing justifications supporting confidentiality requests relating to mobile speed data filed through the Commission’s Form 477. DATES: The comment and reply comment period for the proposed rule published March 13, 2017 (82 FR 13413) is extended. Submit comments on or before April 26, 2017, and submit reply comments on or before May 11, 2017. ADDRESSES: All filings in response to the FNPRM must refer to WC Docket No. 10–90 and WT Docket No. 10–208. The Commission strongly encourages parties to develop responses to the Further Notice that adhere to the organization and structure of the Further Notice. All filings in response to the Form 477 Public Notice must refer to WT Docket No. 17–80, WC Docket No. 10–90, WT Docket No. 10–208, and WC Docket No. 11–10. You may submit comments and other filings by any of the following methods: D Federal Communications Commission’s Web site: https:// apps.fcc.gov/ecfs/. Follow the instructions for submitting comments. D Mail: Parties who choose to file by paper must file an original and seven copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW–A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. D People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. FOR FURTHER INFORMATION CONTACT: Audra Hale-Maddox, Audra.HaleMaddox@fcc.gov, of the Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, (202) 418– 0660. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order in WC Docket No. 10–90, WT Docket No. 10–208, WC Docket 11–10, WT Docket No. 17–80, DA 17–347, adopted and released on April 11, 2017, which extends the comment and reply comment filing deadlines established in the FNPRM published under FCC No. 17–11 (82 FR 13413) on March 13, 2017. The deadline to file justifications for requests for confidentiality of mobile speed data submitted through FCC Form 477, initially established in a separate Public Notice (DA 17–286, rel. March 29, 2017) (Form 477 Public Notice), was also extended in this Order. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). Background 1. On March 7, 2017, the Commission released a Further Notice of Proposed Rulemaking (FNPRM) in WC Docket No. E:\FR\FM\25APP1.SGM 25APP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Proposed Rules]
[Pages 19011-19014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08356]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0369; FRL-9960-03-Region 3]

Determination of Attainment by the Attainment Date for the 2008
Ozone Standard; District of Columbia, Maryland, and Virginia;
Washington, DC-MD-VA Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Washington, DC-MD-VA marginal ozone nonattainment
area (the Washington Area) has attained the 2008 ozone national ambient
air quality standard (NAAQS) by the July 20, 2016 attainment date. This
proposed determination is based on complete, certified, and quality
assured ambient air quality monitoring data for the Washington Area for
the 2013 through 2015 monitoring period. This proposed determination
does not constitute a redesignation to attainment. This action is being
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 25, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0369 at https://www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory Requirement--Determination of Attainment by the Attainment
Date

Section 181(b)(2) of the CAA requires EPA to determine, within 6
months of an ozone nonattainment area's attainment date, whether that
area attained the ozone standard by that date. Section 181(b)(2) of the
CAA also requires that areas that have not attained the standard by
their attainment deadlines be reclassified to either the next higher
classification (e.g., marginal to moderate, moderate to serious, etc.)
or to the classifications applicable to the areas' design values in
Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism
by which the EPA Administrator may grant a 1-year extension of an
area's attainment deadline, provided that the relevant states meet
certain criteria.

B. The Washington Area and Its Attainment Date

On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone
NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This
standard was determined to be more protective of public health than the
previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR
16436 (March 27, 2008). In a May 21, 2012 final rule, the Washington
Area was designated as marginal nonattainment for the more stringent
2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The
Washington Area consists of the Counties of Calvert, Charles,
Frederick, Montgomery, and Prince George's in Maryland; the Counties of
Arlington, Fairfax, Loudoun, and Prince William and the Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities
in Virginia; and the entirety of the District of Columbia. See 40 CFR
81.309, 81.321, and 81.347.
In a separate rulemaking action, also published on May 21, 2012 and
effective on July 20, 2012, EPA established the air quality thresholds
that define the classifications assigned to all nonattainment areas for
the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This
rulemaking also established December 31 of each

[[Page 19012]]

relevant calendar year as the attainment date for all nonattainment
area classification categories. Section 181 of the CAA provides that
the attainment deadline for ozone nonattainment areas is ``as
expeditiously as practicable'' but no later than the prescribed dates
that are provided in Table 1 of that section. In the Classifications
Rule, EPA translated the deadlines in Table 1 of CAA section 181 for
purposes of the 2008 standard by measuring those deadlines from the
effective date of the new designations, but extended those deadlines by
several months to December 31 of the corresponding calendar year.
Pursuant to a challenge of EPA's interpretation of the attainment
deadlines, on December 23, 2014, the United States Court of Appeals for
the District of Columbia Circuit (D.C. Circuit) issued a decision
rejecting, among other things, the Classifications Rule's attainment
deadlines for the 2008 ozone nonattainment areas, finding that EPA did
not have statutory authority under the CAA to extend those deadlines to
the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464- 69 (D.C.
Cir. 2014). Accordingly, as part of the final rule, ``Implementation of
the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan (SIP) Requirements,'' for the 2008 ozone NAAQS (80
FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), EPA
modified the maximum attainment dates for all nonattainment areas for
the 2008 ozone NAAQS, consistent with the D.C. Circuit's decision. The
SIP Requirements Rule established a maximum deadline for marginal
nonattainment areas of three years from the effective date of
designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80
FR at 12268; 40 CFR 51.1103.
In a final rulemaking action published on May 4, 2016, EPA
determined that the Washington Area did not attain the 2008 ozone NAAQS
by its July 20, 2015 attainment date, based on ambient air quality
monitoring data for the 2012-2014 monitoring period. In that same
action, EPA determined that the Washington Area qualified for a 1-year
extension of its attainment date, as provided in section 181(a)(5) of
the CAA and interpreted by regulation at 40 CFR 51.1107. With that
final rulemaking action, the new attainment date for the Washington
Area is July 20, 2016. See 81 FR 26697 (May 4, 2016).

II. EPA's Analysis of the Relevant Air Quality Data

Under EPA regulations, at 40 CFR part 50, appendix P, the 2008
ozone NAAQS is attained at a monitoring site when the three-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentration is less than or equal to 0.075
ppm. This three-year average is referred to as the design value. When
the design value is less than or equal to 0.075 ppm at each ambient air
quality monitoring site within the designated nonattainment area, then
the area is deemed to be meeting the NAAQS. The rounding convention
under 40 CFR part 50, appendix P dictates that concentrations shall be
reported in ppm to the third decimal place, with additional digits to
the right being truncated. Thus, a computed three-year average ozone
concentration of 0.0759 ppm or lower would meet the standard, but
0.0760 ppm or higher is over the standard.
EPA's proposed determination of attainment is based upon data that
has been collected and quality-assured in accordance with 40 CFR part
58 and recorded in EPA's Air Quality System (AQS) database. Ambient air
quality monitoring data for the three-year period must meet a data
completeness requirement. The ambient air quality monitoring data
completeness requirement is met when the three-year average of the
percent (%) of required monitoring days with valid ambient monitoring
data is greater than 90%, and no single year has less than 75% data
completeness, as determined according to 40 CFR part 50, appendix P.
Tables 1 and 2 show the data completeness and ozone design values,
respectively, for each monitor in the Washington Area for the years
2013-2015.

Table 1--2013-2015 Washington Area Ozone Monitor Data Completeness
--------------------------------------------------------------------------------------------------------------------------------------------------------
% Data completeness 2013-2015
County, state Site ID ------------------------------------------------ Average % Comment
2013 2014 2015 completeness
--------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia................... 110010041 99 0 0 33 Construction caused temporary
site shut down in 2014. \a\
110010043 99 99 99 99
110010050 \d\ 78 100 99 \d\ 92 The site began operating in
January 2013. It was shut down
from July to November 2013 due
to building repairs. \b\
Calvert, MD............................ 240090011 99 100 96 98 ...............................
Charles, MD............................ 240170010 90 97 98 95 ...............................
Frederick, MD.......................... 240210037 97 96 97 96 ...............................
Montgomery, MD......................... 240313001 98 99 99 99
Prince George's, MD.................... 240330030 100 99 95 98
240338003 100 98 99 99
240339991 \e\ 99 \e\ 100 \e\ 100 \e\ 99 Clean Air Status and Trends
Network (CASTNET) monitor. \c\
Arlington, VA.......................... 510130020 94 100 99 98
Fairfax, VA............................ 510590030 99 91 97 96
Loudoun, VA............................ 511071005 100 99 93 97
Prince William, VA..................... 511530009 100 100 99 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ The temporary shutdown was included in the District of Columbia Department of Energy & Environment (DC DOEE) July 2015 Annual Network Plan, which
was submitted to EPA on June 25, 2015 and approved by EPA on November 12, 2015.
\b\ The temporary shutdown was not included in the DC DOEE's Annual Network Plan.
\c\ EPA's Clean Air Markets Division (CAMD) operates this CASTNET monitor.

[[Page 19013]]

\d\ Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the analysis
conducted by DC DOEE and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03-
OAR-2016-0369.
\e\ Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis conducted by
CAMD and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03-OAR-2016-0369.

As shown in Table 1, several monitoring sites did not meet the
completeness criteria set out in 40 CFR part 50, appendix P. For
monitor 110010041 in the District of Columbia, the reason for the
completeness issue was a monitor shutdown, approved into DC DOEE's
annual network monitoring plan. Because three years of complete data is
not possible at this monitoring site, EPA does not look for valid
design values there in determining attainment with the NAAQS.
For monitor 110010050 in the District of Columbia, the temporary
shutdown due to construction was not approved into the associated
monitoring plan. For EPA's monitor 240339991 in Prince George's County,
Maryland, there were malfunctions that led to completeness issues. In
order to obtain a valid design value for these monitors, DC DOEE and
EPA's CAMD conducted completeness demonstrations of ``missing days
assumed less than the standard'' to show that had the monitors been
operational on days for which data is missing, the ozone levels
recorded would have been below the standard. DC DOEE and EPA performed
an analysis of the meteorological data and a regression analysis in
order to meet the data completeness requirements for these monitors.
EPA also conducted for these two monitors a substitution analysis as a
check on the validity of the meteorological analysis and regression
analysis. Using these methods, EPA was able to ``add'' enough ozone
season days to the two monitors to meet the data completeness
requirements of 40 CFR part 50, appendix P. The details of these
analyses and EPA's approval letters for both data substitution analyses
are available online at https://www.regulations.gov, Docket number EPA-
R03-OAR-2016-0369.
Consistent with the requirements contained in 40 CFR part 50,
appendix P, EPA has reviewed the ozone ambient air quality monitoring
data for the monitoring period from 2013 through 2015 for the
Washington Area, as recorded in the AQS database. As shown in Table 2,
all valid 2013-2015 design values are less than or equal to 0.075 ppm.
Therefore, EPA concludes that the Washington Area has attained the 2008
ozone NAAQS, considering 2013-2015 data.

Table 2--2013-2015 Washington Area 2008 Ozone Design Values
[PPM]
----------------------------------------------------------------------------------------------------------------
4th Highest daily max value
County, state Site ID ------------------------------------------------ 2013-2015
2013 2014 2015 design values
----------------------------------------------------------------------------------------------------------------
District of Columbia............ 110010041 0.062 0.047 *
110010043 0.066 0.068 0.072 0.068
110010050 0.066 0.069 0.072 0.069
Calvert, MD..................... 240090011 0.067 0.070 0.067 0.068
Charles, MD..................... 240170010 0.064 0.067 0.068 0.066
Frederick, MD................... 240210037 0.069 0.063 0.070 0.067
Montgomery, MD.................. 240313001 0.069 0.064 0.072 0.068
Prince George's MD.............. 240330030 0.068 0.065 0.072 0.068
240338003 0.069 0.069 0.069 0.069
240339991 0.072 0.069 0.067 0.069
Arlington, VA................... 510130020 0.067 0.071 0.073 0.070
Fairfax, VA..................... 510590030 0.067 0.065 0.072 0.068
Loudoun, VA..................... 511071005 0.066 0.063 0.071 0.066
Prince William, VA.............. 511530009 0.066 0.062 0.067 0.065
----------------------------------------------------------------------------------------------------------------
Notes: Only valid design values for monitors meeting the completeness criteria are shown.
* Annual value does not meet completeness criteria.

III. Proposed Action

EPA evaluated ozone data from air quality monitors in the
Washington Area in order to determine the Washington Area's attainment
status under the 2008 ozone NAAQS. Federal, state, and local agencies
responsible for ozone air monitoring networks supplied and quality
assured the data. All the monitoring sites with valid data had design
values equal to or less than 0.075 ppm based on the 2013 through 2015
monitoring period. Considering that review, EPA has concluded that the
Washington Area attained the 2008 ozone NAAQS based on complete,
quality assured and certified data for the 2013 through 2015 ozone
seasons. Thus, EPA proposes to determine in accordance with its
statutory obligations under section 181(b)(2)(A) of the CAA that the
Washington Area attained the 2008 ozone NAAQS by the applicable
attainment date of July 20, 2016. EPA's proposed determination is in
accordance with applicable regulatory requirements under 81 FR 26697
(with respect to issuance of the 1-year extension of the attainment
date for the Washington Area) and with the related provisions of the
SIP Requirements Rule (40 CFR 51.1103).
This proposed determination of attainment does not constitute a
redesignation to attainment. Redesignations require states to meet a
number of additional criteria, including EPA approval of a state plan
to maintain the air quality standard for 10 years after redesignation.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

[[Page 19014]]

IV. Statutory and Executive Order Reviews

This rulemaking action proposes to make a determination of
attainment on the 2008 ozone NAAQS based on air quality and, if
finalized, would not impose additional requirements. For that reason,
this proposed determination of attainment:
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).
This SIP, proposing to determine that the Washington Area attained
the 2008 ozone NAAQS by its July 20, 2016 attainment date, is not
approved to apply on any Indian reservation land as defined in 18
U.S.C. 1151 or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Ozone,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

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

Dated: February 22, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-08356 Filed 4-24-17; 8:45 am]
BILLING CODE 6560-50-P

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