Air Plan Approval; District of Columbia, Maryland, Virginia; Determination of Attainment by the Attainment Date and Clean Data Determination for the Washington, DC-MD-VA Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standards, 90249-90254 [2024-26423]
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Proposed Rules
TABLE 3—DESTINATION ENTRY SERVICE TO CONTIGUOUS STATES—Continued
Contiguous states
Destination entry (at appropriate facility) range
(days)
Mail class
I
1 I
* DDU
Package Services .........................................................................................................................................................
* DLPC
I
2 I
* DRPDC
3
* DDU = Destination Delivery Unit; DLPC = Destination Local Processing Center; DRPDC = Destination Regional Processing and Distribution Center or Campus.
Table 4. Destination entry service standard
day ranges for mail to non-contiguous states
and territories.
TABLE 4—DESTINATION ENTRY SERVICE TO NON-CONTIGUOUS STATES AND TERRITORIES
Destination entry (at appropriate facility)
* DLPC range (days)
Mail class
* DDU range
(days)
Periodicals .........................................................................
USPS Marketing Mail ........................................................
Package Services .............................................................
Alaska
1
2
1
** Hawaii,
Guam,
NMI, & AS
1–3
3–4
2
* DRPDC range (days)
** PR &
USVI
1–4
3–5
2–3
1–3
3–5
2–3
Alaska
10–11
14
12
Hawaii,
Guam, NMI,
& AS
PR &
USVI
10
13
11
8–10
12
11
* DDU = Destination Delivery Unit; DLPC = Destination Local Processing Center; DRPDC = Destination Regional Processing and Distribution Center or Campus.
** AS = American Samoa; NMI = Northern Mariana Islands; PR = Puerto Rico; USVI = United States Virgin Islands.
Christopher Doyle,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024–26434 Filed 11–14–24; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0987; FRL–10551–
01–R3]
Air Plan Approval; District of
Columbia, Maryland, Virginia;
Determination of Attainment by the
Attainment Date and Clean Data
Determination for the Washington, DCMD-VA Nonattainment Area for the
2015 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Washington, DC-MD-VA
nonattainment area (the Washington
Area or the Area) has attained the 2015
8-hour ozone national ambient air
quality standards (2015 ozone NAAQS)
by the applicable attainment date of
August 3, 2024. Accompanying this
proposed determination of attainment
by the attainment date is a re-proposed
clean data determination (CDD) under
the EPA’s Clean Data Policy. If finalized,
this action will address the EPA’s
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SUMMARY:
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obligation under Clean Air Act (CAA)
sections 179(c) and 181(b)(2) to
determine whether the Washington Area
attained the 2015 ozone NAAQS by the
August 3, 2024 attainment date and, as
set forth in the EPA’s Clean Data Policy,
suspend the obligation of the District of
Columbia (DC), the State of Maryland
(MD), and the Commonwealth of
Virginia (VA) to submit certain
attainment planning requirements for as
long as the Area continues to attain the
2015 ozone NAAQS. As part of this
rulemaking, the EPA also proposes to
take final agency action on an
exceptional events request submitted by
the District of Columbia on March 20,
2024, and concurred on by the EPA on
July 17, 2024. The proposed attainment
determination and CDD are based upon
the EPA’s concurrence on the
exceptional events demonstration. This
action is being taken under the CAA.
DATES: Written comments must be
received on or before December 16,
2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2022–0987 at
www.regulations.gov, or via email to
talley.david@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, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
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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. The 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
www.epa.gov/dockets/commenting-epadockets.
Ian
Neiswinter, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1600 John F
Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2011. Mr.
Neiswinter can also be reached via
electronic mail at neiswinter.ian@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
This
proposed determination is based upon
quality-assured, quality-controlled, and
certified ambient air monitoring data
from 2021 to 2023 available in the EPA’s
Air Quality System (AQS) database.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Proposed Rules
Neither this proposed attainment
determination nor CDD redesignates the
Washington Area to attainment for the
2015 ozone NAAQS. The Area remains
designated nonattainment until such
time as DC, MD, and VA submit a
request for redesignation pursuant to
107(d)(3) of the CAA and the EPA
determines that the area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the Area.
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I. Background
On October 26, 2015 (80 FR 65292),
the EPA promulgated a revised primary
and secondary ozone NAAQS to provide
requisite increased protection of public
health and welfare, respectively. In that
action, the EPA strengthened both
standards from 0.075 parts per million
(ppm) to 0.070 ppm and retained the
indicator (ozone), averaging time (8hour), and form (annual fourth-highest
daily maximum, averaged over three
years) of the existing standards.
Effective August 3, 2018 (83 FR 25776,
June 4, 2018), the EPA designated 52
areas throughout the country as
nonattainment for the 2015 ozone
NAAQS, including the Washington
Area,1 which was classified as a
Marginal nonattainment area. This
designation was based on qualityassured, quality-controlled, and
certified air quality monitoring data
from calendar years 2014 to 2016. The
EPA established the attainment date for
Marginal 2015 ozone NAAQS
nonattainment areas as 3 years from the
effective date of the final designations,
meaning the Washington Area had an
attainment date of August 3, 2021.2
Effective November 7, 2022 (87 FR
60897), the EPA determined that 22
Marginal areas or portions of areas
failed to attain the standard by the
applicable Marginal attainment date,
including the Washington Area. In that
action, the EPA reclassified the
Washington Area as Moderate
nonattainment for the 2015 ozone
NAAQS because it failed to attain the
standard by the attainment date of
August 3, 2021. That designation was
based on quality-assured, qualitycontrolled, and certified ambient air
monitoring data from calendar years
1 The Washington Area consists of the following
counties/cities: Calvert County, Charles County,
Frederick County, Montgomery County, and Prince
George’s County in Maryland; Alexandria city,
Arlington County, Fairfax County, Fairfax city, Falls
Church city, Loudoun County, Manassas Park city,
Manassas city, Prince William County in Virginia;
and all of the District of Columbia. See 40 Code of
Federal Regulations (CFR) 81.309, 81.321, and
81.347.
2 See 83 FR 10376 (March 9, 2018) and 40 CFR
51.1303(a).
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2018 to 2020. In that same action, the
EPA established the Moderate
attainment date as August 3, 2024.3
On February 1, 2023 (88 FR 6688), the
EPA proposed a CDD for the
Washington Area based on qualityassured, quality-controlled, and
certified ambient air quality monitoring
data showing the Area attained the 2015
ozone NAAQS based on 2019 to 2021
data. The EPA did not finalize that
action due to a monitored violation of
the 2015 ozone NAAQS prior to final
approval.4 On March 20, 2024, the
Department of Energy and Environment
(DOEE) on behalf of DC submitted an
exceptional events (EE) demonstration
to show that the ozone concentration
recorded at the McMillan monitor (AQS
Site ID #110010043) on June 29, 2023,
was influenced by wildfires. The EPA
concurred on this request on July 17,
2024. The EPA’s Exceptional Events
Rule and DOEE’s exceptional events
demonstration are discussed in more
detail in section II of this document. Air
monitoring data from 2021 to 2023,
which pursuant to EPA’s concurrence
on the DOEE demonstration now
excludes the June 29, 2023, exceptional
events influenced monitor day,
indicates that the Washington Area has
attained the 2015 ozone NAAQS by the
attainment date of August 3, 2024. In
light of this supplemental information
that shows continued attainment in the
time following the 2023 CDD proposal,
the EPA is also re-proposing a CDD for
the area. The EPA is including this
proposed rulemaking in the same docket
as the February 1, 2023 proposed CDD
for the Washington Area.5
II. Exceptional Events Demonstration
Congress has recognized that it may
not be appropriate for the EPA to use
certain monitoring data collected by the
ambient air quality monitoring network
and maintained in the EPA’s AQS
database in certain regulatory
determinations. Thus, in 2005, Congress
provided the statutory authority for the
exclusion of data influenced by
‘‘exceptional events’’ meeting specific
criteria by adding section 319(b) to the
CAA and granted the EPA with the
authority to propose regulations to
review and manage air quality
monitoring data influenced by
exceptional events.6
3 See
87 FR 60897 (November 7, 2022).
EPA initially noted this violation based on
preliminary data, which was later certified.
5 See www.regulations.gov/search/
docket?filter=EPA-R03-OAR-2022-0987.
6 Under CAA section 319(b), an exceptional event
means an event that: (i) affects air quality; (ii) is not
reasonably controllable or preventable; (iii) is an
event caused by human activity that is unlikely to
4 The
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On March 22, 2007 (72 FR 13560), the
EPA promulgated the 2007 Exceptional
Events Rule in order to implement this
2005 CAA amendment. The 2007
Exceptional Events Rule created a
regulatory process codified at 40 CFR
parts 50 and 51 (§§ 50.1, 50.14, and
51.930). These regulatory sections,
which superseded the EPA’s previous
guidance on handling data influenced
by exceptional events, contain
definitions, procedural requirements,
requirements for air agency
demonstrations, criteria for the EPA’s
approval of the exclusion of eventaffected air quality data from the data
set used for regulation decisions, and
requirements for air agencies to take
appropriate and reasonable actions to
protect public health from exceedances
and violations of the NAAQS. On
October 3, 2016 (81 FR 68216), the EPA
promulgated a comprehensive revision
to the 2007 Exceptional Events Rule.
The 2016 Exceptional Events Rule
revision included the requirement that,
if a State demonstrates to the
Administrator’s satisfaction that
emissions from a wildfire smoke event
cause a specific air pollution
concentration in excess of the NAAQS
at a particular air quality monitoring
location and otherwise satisfies the
requirements of 40 CFR 50.14, the EPA
must exclude that data from use in
determinations of exceedances and
violations.7
The CAA provides for the exclusion
of air quality monitoring data from
design value (DV) calculations when
there are NAAQS exceedances caused
by events, such as wildfires, that meet
the criteria for an exceptional event
identified in the EPA’s Exceptional
Events Rule at 40 CFR 50.1, 50.14, and
51.930. For the purposes of this
proposed action, on March 20, 2024,
DOEE on behalf of DC submitted an
exceptional events demonstration to
show that the maximum daily 8-hour
average ozone concentration recorded at
the McMillan monitor (AQS Site ID
#110010043) on June 29, 2023, was
influenced by Canadian wildfires. The
EPA concurred on this request on July
17, 2024.8
recur at a particular location or a natural event; and
(iv) is determined by the EPA under the process
established in regulations promulgated by the EPA
in accordance with section 319(b)(2) to be an
exceptional event. For the purposes of section
319(b), an exceptional event does not include: (i)
stagnation of air masses or meteorological
inversions; (ii) a meteorological event involving
high temperatures or lack of precipitation; or (iii)
air pollution relating to source noncompliance.
7 40 CFR 50.14(b)(4).
8 As described in the EPA’s letter titled ‘‘DOEE_
WF_O3_Exceptional_Events_Letter RA’’, provided
in the docket of this action, DOEE requested
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The EPA found that DOEE’s
demonstration met the Exceptional
Events Rule criteria and determined that
wildfire smoke events had regulatory
significance for purposes of calculating
the Area’s most recent design value to
make a determination of attainment by
the attainment date and a CDD for the
2015 ozone NAAQS. As such, the EPA
proposes to take final regulatory action
on the concurred date, as an exceptional
event to be removed from the dataset
used for regulatory purposes. The
rationale of the EPA’s exceptional
events proposal is detailed in the
docket. For this proposed action, the
EPA will rely on the calculated design
values that exclude the event-influenced
data for the purpose of demonstrating
attainment of the 2015 ozone NAAQS.
Further details on DOEE’s analyses and
the EPA’s concurrence, including the
exceptional events initial notification,
exceptional events demonstration, and
the EPA’s response to the initial
notification can be found in the docket
for this regulatory action.
While the EPA has concurred with
DOEE’s request to exclude eventinfluenced air quality monitoring data
from regulatory decisions, these
regulatory actions require the EPA to
provide an opportunity for public
comment on the claimed exceptional
events and all supporting data prior to
the EPA taking final agency action. This
proposed action provides the public
with an opportunity to comment on the
claimed exceptional events, all
supporting documents, and the EPA’s
concurrence with DOEE’s request.
III. Determination of Attainment by the
Attainment Date and Clean Data
Determination
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A. Determination of Attainment by the
Attainment Date
Sections 179(c)(1) and 181(b)(2)(A) of
the CAA require the EPA to determine
whether an ozone nonattainment area
attained the ozone standard by the
applicable attainment date. The EPA is
required to issue this determination
within six months of the attainment
date. Because the ozone NAAQS is a
concentration-based standard, a
determination of attainment is based on
a nonattainment area’s DV as of the
attainment date.9 Under the EPA
exclusion of data associated with exceptional
events claims for ozone data on June 1–2, 2023, and
June 29, 2023. The EPA concurred on the June 29,
2023, McMillan monitor day and deferred action on
the remainder due to a lack of regulatory
significance.
9 A design value is a statistic used to compare
data collected at an ambient air quality monitoring
site to the applicable NAAQS to determine
compliance with the standard. The DV for the 2015
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regulations at 40 CFR 50.19(b) and 40
CFR part 50, appendix U, the 2015
ozone NAAQS is attained when the 3year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone concentration
(i.e., DV) does not exceed 0.070 ppm at
each monitor site within the
nonattainment area.10 Because the DV is
based on the three most recent,
complete calendar years of data,
attainment must occur no later than the
year prior to the attainment date.
Notably, the 2015 ozone DVs are based
solely on ozone season data.11 Ozone
season is defined for each State or
portion of a State at 40 CFR part 58,
appendix D, section 4.1, table D–3. The
ozone season for DC, MD, and VA runs
annually from March 1st to October
31st.12
As such, the EPA’s proposed
determination for the Area is based
upon the complete, quality-assured,
quality-controlled, and certified ozone
monitoring data from calendar years
2021, 2022, and 2023. The EPA’s
determination of attainment is based
upon data that have been collected and
quality-assured in accordance with 40
CFR part 58 and recorded in the EPA’s
AQS database.13 Ambient air quality
monitoring data for the 3-year period
preceding the year of the attainment
date must meet the data completeness
requirements in appendix U, section
4(b). These completeness requirements
are met for the 3-year period at a
monitoring site if daily maximum 8hour average concentrations of ozone
are available for at least 90 percent of
the days within the ozone monitoring
ozone NAAQS is the 3-year average of the annual
fourth highest daily maximum 8-hour average
ozone concentration. The DV is calculated for each
air quality monitor in an area, and the DV for an
area is the highest DV among the individual
monitoring sites located in the area.
10 The rounding convention in 40 CFR part 50,
appendix U, dictates that concentrations shall be
reported in ‘‘ppm’’ to the third decimal place, with
additional digits to the right being truncated. Thus,
a computed 3-year average ozone concentration of
0.071 ppm is greater than 0.070 ppm and would
exceed the standard, but a DV of 0.0709 is truncated
to 0.070 and attains the 2015 ozone NAAQS.
11 See 40 CFR 51.1300(b), which refers to 40 CFR
part 50, appendix U.
12 See 40 CFR 51.1300(j), which refers to 40 CFR
part 58, appendix D, section 4.1, table D–3.
13 The EPA maintains the AQS, a database that
contains ambient air pollution data collected by the
EPA, State, local, and Tribal air pollution control
agencies. The AQS also contains meteorological
data, descriptive information about each monitoring
station (including its geographic location and its
operator) and data quality assurance/quality control
information. The AQS data is used to: (1) assess air
quality, (2) assist in attainment/non-attainment
designations, (3) evaluate State implementation
plans for non-attainment areas, (4) perform
modeling for permit review analysis, and (5)
prepare reports for Congress as mandated by the
CAA. See www.epa.gov/aqs.
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90251
season, on average, for the 3-year
period, and no single year has less than
75 percent data completeness.14
As detailed in section III.C of this
document, the EPA has evaluated the
relevant data and determined that the
Washington Area attained the 2015
Ozone NAAQS by the Moderate area
attainment date of August 3, 2024, based
on the area’s 2021–2023 DV. Notably, a
determination of attainment by the
attainment date does not constitute
formal redesignation to attainment as
provided for under CAA section
107(d)(3). Redesignations to attainment
require, among other things, that the
States responsible for ensuring
attainment and maintenance of the
NAAQS have met the applicable
requirements under CAA section 110
and part D, and to submit to the EPA for
approval a maintenance plan to ensure
continued attainment of the standard for
10 years following redesignation, as
provided under CAA section 175A.
B. Clean Data Policy and Clean Data
Determinations
Following the enactment of the CAA
Amendments of 1990, the EPA
discussed its interpretation of the
requirements for implementing the
NAAQS in the ‘‘General Preamble for
the Implementation of title I of the CAA
Amendments of 1990’’ (General
Preamble).15 In 1995, based on the
interpretation of CAA sections 171, 172,
and 182 in the General Preamble, the
EPA set forth what has become known
as its ‘‘Clean Data Policy’’ for the 1-hour
ozone NAAQS.16 Under the Clean Data
Policy, for a nonattainment area that can
demonstrate attainment of the standard
before implementing CAA
nonattainment measures, the EPA
interprets the requirements of the CAA
that are specifically designed to help an
14 As noted, the ozone season is defined for each
State or portion of a State at 40 CFR part 58,
appendix D, section 4.1, table D–3. The ozone
season for DC, MD, and VA runs annually from
March 1st to October 31st.
15 57 FR 13498, 13564 (April 16, 1992).
16 See Memorandum from John S. Seitz, Director,
Office of Air Quality Planning and Standards,
entitled ‘‘Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for
Ozone Nonattainment areas Meeting the Ozone
National Ambient Air Quality Standard,’’ dated
May 10, 1995 (1995 John S. Seitz Memo). Further
description of the EPA’s Clean Data Policy can be
found in the ‘‘Final Rule to Implement the 8-hour
Ozone National Ambient Air Quality Standard—
Phase 2’’ (referred to as the Phase 2 Final Rule) (70
FR 71612, November 29, 2005). The Tenth, Seventh,
and Ninth Circuit U.S. District Courts have upheld
the EPA rulemakings applying the Clean Data
Policy. See Sierra Club v. EPA, 99 F. 3d 1551 (10th
Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 (7th
Cir. 2004); Our Children’s Earth Foundation v. EPA,
No. 04–73032 (9th Cir., June 28, 2005)
memorandum opinion.
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area achieve attainment, including
attainment demonstrations,
implementation of reasonably available
control measures (RACM), reasonable
further progress (RFP) demonstrations,
emissions limitations and control
measures as necessary to provide for
attainment, and contingency measures,
to be suspended for so long as air
quality continues to meet the
standard.17
The EPA may issue a CDD under the
EPA’s Clean Data Policy when a
nonattainment area is attaining the 2015
ozone NAAQS based on the most recent
available data. The EPA will determine
whether the area has attained the 2015
ozone NAAQS based on available
information, including air quality
monitoring data for the affected area. If
the CDD is made final, then certain
attainment plan requirements for the
area are suspended for so long as the
area continues to attain the NAAQS.
Furthermore, the suspension of the
obligation to submit an attainment plan
is only appropriate where the area
remains in attainment of the NAAQS. A
CDD under the Clean Data Policy does
not serve to alter the area’s
nonattainment designation. The EPA
will not take final action on the CDD for
the Washington Area if the design value
of a monitoring site within the Area
violates the 2015 ozone NAAQS prior to
final approval of the CDD. CDDs are not
redesignations to attainment. As noted
above, for the EPA to redesignate an
area to attainment the State must
submit, and the EPA must approve, a
redesignation request for the area that
meets the requirements of CAA section
107(d)(3).
C. Analysis of Air Quality Data
The EPA has reviewed the ambient air
monitoring data for ozone, consistent
with the requirements contained in 40
CFR part 50 and recorded in the EPA’s
AQS database for the Washington Area
from 2021 through 2023. That data is
detailed in tables 1 through 3 of this
document. On the basis of that review,
the EPA has concluded that the
Washington Area attained the 2015
ozone NAAQS by the applicable
attainment date (August 3, 2024) based
on quality-assured, quality-controlled,
and certified ozone data from 2021 to
2023. Prior DVs from the monitoring
periods 2019–2021 and 2020–2022
further support the EPA’s conclusion
that the area attained the 2015 ozone
NAAQS.
As stated previously, under the EPA’s
regulations, the 2015 ozone NAAQS is
attained when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentrations at an
ozone monitor is less than or equal to
0.070 ppm.18 When calculating the DV,
digits to the right of the third decimal
place are truncated.19 When the DV is
less than or equal to 0.070 ppm at each
monitor within the area, then the area
is meeting the 2015 ozone NAAQS. As
noted above, the 2015 ozone DVs are
based solely on ozone season data,
which runs annually from March 1st to
October 31st for DC, MD, and VA.20
The data completeness requirement in
40 CFR part 50, appendix U, is met
when the average percentage of days
with valid ambient monitoring data is
greater than 90% and no single year is
less than 75% data complete. The
Washington Area has complete data for
the years 2019 to 2023, as shown in
table 1 in this document, except for the
Takoma Recreation Center monitor
(AQS Site ID #110010050).
Due to building repairs, the Takoma
Recreation Center monitoring operations
were temporarily halted from April 28
to October 7, 2022. During this
timeframe, the DC Department of Parks
and Recreation began repairing the
Takoma Recreation Center station’s roof,
forcing the site’s closure.21 Operations
were disrupted again from April 5 to
September 14, 2023, due to a burglary
incident.22 Unidentified individuals
broke into the station, broke several
windows, and took the data logger and
the computer monitor. Building security
has been enhanced since the most
recent incident, and station operations
and data collection have resumed.
The Takoma Recreation Center
monitoring site (AQS ID #110010050)
had a valid attaining design value in
2019–2021 of 0.066 ppm. The Takoma
Recreation Center monitoring site has
attained the 2015 ozone NAAQS
standard of 0.070 ppm since 2016.
Based on the monitoring history for this
site and other sites in the Area, the EPA
reasonably concludes that the Takoma
Recreation Center monitoring site would
not have exceeded the 2015 ozone
NAAQS standard for the 2020–2022 or
2021–2023 DVs. For each monitor site
in the area, except for the Takoma
Recreation Center, the average
completeness data percentage from
2019–2021, 2020–2022 and 2021–2023
is greater than 90% and no single
monitor year is below 75% complete.
TABLE 1—COMPLETENESS DATA PERCENTAGE (%) FROM 2019 TO 2023 FOR THE WASHINGTON AREA
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Location
AQS site ID
District of Columbia ...............
District of Columbia ...............
District of Columbia ...............
Calvert, MD ...........................
Charles, MD ..........................
Frederick, MD ........................
Montgomery, MD ...................
Prince George’s, MD .............
Prince George’s, MD .............
Prince George’s, MD .............
Arlington, VA .........................
Fairfax, VA ............................
Loudoun, VA .........................
Prince William, VA ................
2019
110010041
110010043
110010050
240090011
240170010
240210037
240313001
240330030
240338003
240339991
510130020
510590030
511071005
511530009
2020
100
98
100
93
90
99
96
96
95
93
99
98
90
100
2019–2021
Average
2021
98
99
97
96
96
94
97
97
95
92
99
98
99
99
98
99
99
90
98
98
98
95
98
96
100
99
100
96
99
99
99
93
95
97
97
96
96
94
99
98
96
98
2020–2022
Average
2022
95
98
* 29
97
100
96
98
89
97
92
99
98
100
100
97
99
* 75
94
98
96
98
94
97
93
99
98
100
98
2021–2023
Average
2023
98
96
* 23
96
98
94
99
96
97
93
99
98
97
100
97
98
* 50
94
99
96
98
93
97
94
99
98
99
99
* This data is below the data completeness requirement in 40 CFR part 50, appendix U.
17 1995
John S. Seitz memo.
40 CFR 50.19(b) and 40 CFR part 50,
appendix U.
19 See 40 CFR 51.1300(b), which refers to 40 CFR
part 50, appendix U.
20 See 40 CFR 51.1300(j), which refers to 40 CFR
part 58, appendix D, section 4.1, table D–3.
18 See
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21 DOEE notified the EPA via email, included in
the docket of this action, that the Takoma
Recreation Center monitoring operations would be
temporarily halted during the station’s repair.
22 DOEE notified the EPA via email, included in
the docket of this action, that the Takoma
Recreation Center monitoring operations would be
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Sfmt 4702
temporarily halted due to the burglary incident.
DOEE also noted of the temporary halt of operation
in Footnote 1 on Pg. 23 of DOEE’s 2024 Annual
Ambient Air Monitoring Network Plan, included in
the docket of this action.
E:\FR\FM\15NOP1.SGM
15NOP1
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Proposed Rules
Table 2 in this document shows the
fourth-highest maximum 8-hour average
ozone concentrations for the
Washington Area monitors in each of
the years 2019 to 2023. Table 3 in this
document shows the ozone DV for these
same monitors based on the average of
the fourth-highest maximum 8-hour
90253
average ozone concentrations for the
2019–2021, 2020–2022, and 2021–2023
3-year periods.
TABLE 2—FOURTH-HIGHEST 8-HOUR OZONE AVERAGE CONCENTRATIONS (ppm) IN THE WASHINGTON AREA IN EACH
YEAR FROM 2019 TO 2023
Location
AQS site ID
District of Columbia ..................................
District of Columbia ..................................
District of Columbia ..................................
Calvert, MD ..............................................
Charles, MD .............................................
Frederick, MD ..........................................
Montgomery, MD .....................................
Prince George’s, MD ...............................
Prince George’s, 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
2019
2020
0.062
0.071
0.067
0.058
0.061
0.065
0.062
0.071
0.065
0.075
0.068
0.070
0.060
0.060
2021
0.054
0.063
0.063
0.054
0.052
0.063
0.059
0.064
0.060
0.065
0.062
0.057
0.060
0.057
2022
0.064
0.072
0.069
0.062
0.066
0.067
0.068
0.066
0.070
0.071
0.070
0.068
0.066
0.062
0.059
0.066
* 0.051
0.058
0.061
0.061
0.063
0.061
0.064
0.065
0.061
0.062
0.061
0.058
2023
0.058
0.072
* 0.046
0.066
0.069
0.074
0.068
0.070
0.073
0.072
0.071
0.073
0.067
0.070
* This data is shown in EPA’s AQS as incomplete.
TABLE 3—OZONE DESIGN VALUES (ppm) FOR THE WASHINGTON AREA
Location
AQS site ID
District of Columbia .........................................................................................
District of Columbia .........................................................................................
District of Columbia .........................................................................................
Calvert, MD ......................................................................................................
Charles, MD .....................................................................................................
Frederick, MD ..................................................................................................
Montgomery, MD .............................................................................................
Prince George’s, MD .......................................................................................
Prince George’s, MD .......................................................................................
Prince George’s, MD .......................................................................................
Arlington, VA ....................................................................................................
Fairfax, VA .......................................................................................................
Loudoun, VA ....................................................................................................
Prince William, VA ...........................................................................................
2019–2021
110010041
110010043
110010050
240090011
240170010
240210037
240313001
240330030
240338003
240339991
510130020
510590030
511071005
511530009
0.060
0.068
0.066
0.058
0.059
0.065
0.063
0.067
0.065
0.070
0.066
0.065
0.062
0.059
2020–2022
0.059
0.067
* 0.061
0.058
0.059
0.063
0.063
0.063
0.064
0.067
0.064
0.062
0.062
0.059
2021–2023
0.060
0.070
* 0.055
0.062
0.065
0.067
0.066
0.065
0.069
0.069
0.067
0.067
0.064
0.063
khammond on DSKJM1Z7X2PROD with PROPOSALS
* This data is shown in the EPA’s AQS as incomplete.
The EPA’s review of these data
indicates that the 2021–2023 DV at each
of the Washington Area’s monitors that
has valid 2021–2023 data met the
attainment standard of 0.070 ppm,
excluding the exceptional event
impacted monitoring day summarized
in section II of this document.23 As a
result, the EPA is able to determine that
the Washington Area met the 2015 8hour ozone standard by the applicable
attainment date of August 3, 2024, and
meets the requirements under the Clean
Data Policy for a CDD. Prior ozone data
from the 2019–2021 and 2020–2022
monitoring periods further supports the
EPA’s conclusion that the Area attained
the 2015 ozone NAAQS.
23 Further details on DOEE’s exceptional events
analysis and the EPA’s concurrence on the
demonstration can be found in the docket for this
regulatory action.
VerDate Sep<11>2014
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IV. Proposed Action
The EPA is proposing to determine
that the Washington moderate ozone
nonattainment area has attained the
2015 8-hour ozone NAAQS by the
attainment date of August 3, 2024. This
proposed determination is based upon
complete, quality-assured, qualitycontrolled, and certified ambient air
monitoring data that show the
Washington Area has monitored
attainment of the 2015 8-hour ozone
NAAQS for the 2021–2023 monitoring
period, including an evaluation of an
exceptional events demonstration. If
finalized, this action will address the
EPA’s obligation under CAA sections
179(c) and 181(b)(2) to determine
whether the Washington Area attained
the 2015 ozone NAAQS by the August
3, 2024 attainment date.
The EPA is also re-proposing to
determine that the Area has clean data,
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Fmt 4702
Sfmt 4702
consistent with Agency policy described
above. As provided in 40 CFR 51.1318,
if the EPA finalizes this CDD, it would
suspend the requirements for such area
to submit attainment demonstrations,
associated RACM, RFP plans, and
contingency measures under CAA
section 172(c)(9), and any other
planning State implementation plan
revision related to attainment of the
2015 8-hour ozone NAAQS for this
Area, for so long as the Area continues
to attain the standard. Finalizing either
the attainment determination or CDD
does not constitute a redesignation of
the Washington Area to attainment for
the 2015 8-hour ozone NAAQS under
CAA section 107(d)(3). This action also
does not involve approving any
maintenance plan for the Washington
Area and does not determine that the
Washington Area has met all the
requirements for redesignation under
the CAA, including that the attainment
E:\FR\FM\15NOP1.SGM
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90254
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
be due to permanent and enforceable
measures. Therefore, the designation
status of the Washington Area will
remain nonattainment for the 2015 8hour ozone NAAQS until such time as
DC, MD, and VA submit a request for
redesignation pursuant to 107(d)(3) of
the CAA and the EPA determines that
the area meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the area.
The EPA also proposes to take final
agency action on an exceptional events
request submitted by DC on March 20,
2024, and concurred on by the EPA on
July 17, 2024.
The EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
The EPA previously received comments
on the 2023 CDD Proposal (88 FR 6688,
February 1, 2023). In re-proposing the
CDD, the EPA will consider all
comments received on the 2023 CDD
Proposal as the Agency moves forward
with the current rulemaking.
Accordingly, commenters need not
submit duplicate comments on the
current proposal.24 However, the EPA
welcomes comments providing
additional information not previously
submitted to the Agency.
V. Statutory and Executive Order
Reviews
This rulemaking proposes to make an
attainment determination based on air
quality data and would, if finalized,
result in the suspension of certain
Federal requirements and would not
impose any additional requirements.
For that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
24 Comments received on the 2023 Proposal are
contained in the same docket as the current
proposal: Docket ID No. EPA–R03–OAR–2022–
0987.
VerDate Sep<11>2014
15:49 Nov 14, 2024
Jkt 265001
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); and
• 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.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income population,
and Indigenous peoples.
In addition, this action for the
Washington Area does not have Tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because this action is not
approved to apply in Indian country
located in the Washington Area, and the
EPA notes that it will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
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Fmt 4702
Sfmt 4702
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–26423 Filed 11–14–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 213, 217, 239, and
252
[Docket DARS–2024–0034]
RIN 0750–AK23
Defense Federal Acquisition
Regulation Supplement: Disclosure of
Information Regarding Foreign
Obligations (DFARS Case 2018–D064)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2019, which prohibits DoD from
acquiring products, services, or systems
relating to information or operational
technology, cybersecurity, industrial
control systems, or weapon systems
through a contract unless the offeror or
contractor provides disclosures related
to sharing source code and computer
code with foreign governments.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
January 14, 2025, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2018–D064,
using either of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
DFARS Case 2018–D064. Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
‘‘DFARS Case 2018–D064’’ on any
attached documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2018–D064 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
SUMMARY:
E:\FR\FM\15NOP1.SGM
15NOP1
]]>Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Proposed Rules]
[Pages 90249-90254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26423]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0987; FRL-10551-01-R3]
Air Plan Approval; District of Columbia, Maryland, Virginia;
Determination of Attainment by the Attainment Date and Clean Data
Determination for the Washington, DC-MD-VA Nonattainment Area for the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Washington, DC-MD-VA nonattainment area (the
Washington Area or the Area) has attained the 2015 8-hour ozone
national ambient air quality standards (2015 ozone NAAQS) by the
applicable attainment date of August 3, 2024. Accompanying this
proposed determination of attainment by the attainment date is a re-
proposed clean data determination (CDD) under the EPA's Clean Data
Policy. If finalized, this action will address the EPA's obligation
under Clean Air Act (CAA) sections 179(c) and 181(b)(2) to determine
whether the Washington Area attained the 2015 ozone NAAQS by the August
3, 2024 attainment date and, as set forth in the EPA's Clean Data
Policy, suspend the obligation of the District of Columbia (DC), the
State of Maryland (MD), and the Commonwealth of Virginia (VA) to submit
certain attainment planning requirements for as long as the Area
continues to attain the 2015 ozone NAAQS. As part of this rulemaking,
the EPA also proposes to take final agency action on an exceptional
events request submitted by the District of Columbia on March 20, 2024,
and concurred on by the EPA on July 17, 2024. The proposed attainment
determination and CDD are based upon the EPA's concurrence on the
exceptional events demonstration. This action is being taken under the
CAA.
DATES: Written comments must be received on or before December 16,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0987 at www.regulations.gov, or via email to
[email protected]. 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, the 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. The 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ian Neiswinter, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2011. Mr. Neiswinter can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: This proposed determination is based upon
quality-assured, quality-controlled, and certified ambient air
monitoring data from 2021 to 2023 available in the EPA's Air Quality
System (AQS) database.
[[Page 90250]]
Neither this proposed attainment determination nor CDD redesignates the
Washington Area to attainment for the 2015 ozone NAAQS. The Area
remains designated nonattainment until such time as DC, MD, and VA
submit a request for redesignation pursuant to 107(d)(3) of the CAA and
the EPA determines that the area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.
I. Background
On October 26, 2015 (80 FR 65292), the EPA promulgated a revised
primary and secondary ozone NAAQS to provide requisite increased
protection of public health and welfare, respectively. In that action,
the EPA strengthened both standards from 0.075 parts per million (ppm)
to 0.070 ppm and retained the indicator (ozone), averaging time (8-
hour), and form (annual fourth-highest daily maximum, averaged over
three years) of the existing standards. Effective August 3, 2018 (83 FR
25776, June 4, 2018), the EPA designated 52 areas throughout the
country as nonattainment for the 2015 ozone NAAQS, including the
Washington Area,\1\ which was classified as a Marginal nonattainment
area. This designation was based on quality-assured, quality-
controlled, and certified air quality monitoring data from calendar
years 2014 to 2016. The EPA established the attainment date for
Marginal 2015 ozone NAAQS nonattainment areas as 3 years from the
effective date of the final designations, meaning the Washington Area
had an attainment date of August 3, 2021.\2\
---------------------------------------------------------------------------
\1\ The Washington Area consists of the following counties/
cities: Calvert County, Charles County, Frederick County, Montgomery
County, and Prince George's County in Maryland; Alexandria city,
Arlington County, Fairfax County, Fairfax city, Falls Church city,
Loudoun County, Manassas Park city, Manassas city, Prince William
County in Virginia; and all of the District of Columbia. See 40 Code
of Federal Regulations (CFR) 81.309, 81.321, and 81.347.
\2\ See 83 FR 10376 (March 9, 2018) and 40 CFR 51.1303(a).
---------------------------------------------------------------------------
Effective November 7, 2022 (87 FR 60897), the EPA determined that
22 Marginal areas or portions of areas failed to attain the standard by
the applicable Marginal attainment date, including the Washington Area.
In that action, the EPA reclassified the Washington Area as Moderate
nonattainment for the 2015 ozone NAAQS because it failed to attain the
standard by the attainment date of August 3, 2021. That designation was
based on quality-assured, quality-controlled, and certified ambient air
monitoring data from calendar years 2018 to 2020. In that same action,
the EPA established the Moderate attainment date as August 3, 2024.\3\
---------------------------------------------------------------------------
\3\ See 87 FR 60897 (November 7, 2022).
---------------------------------------------------------------------------
On February 1, 2023 (88 FR 6688), the EPA proposed a CDD for the
Washington Area based on quality-assured, quality-controlled, and
certified ambient air quality monitoring data showing the Area attained
the 2015 ozone NAAQS based on 2019 to 2021 data. The EPA did not
finalize that action due to a monitored violation of the 2015 ozone
NAAQS prior to final approval.\4\ On March 20, 2024, the Department of
Energy and Environment (DOEE) on behalf of DC submitted an exceptional
events (EE) demonstration to show that the ozone concentration recorded
at the McMillan monitor (AQS Site ID #110010043) on June 29, 2023, was
influenced by wildfires. The EPA concurred on this request on July 17,
2024. The EPA's Exceptional Events Rule and DOEE's exceptional events
demonstration are discussed in more detail in section II of this
document. Air monitoring data from 2021 to 2023, which pursuant to
EPA's concurrence on the DOEE demonstration now excludes the June 29,
2023, exceptional events influenced monitor day, indicates that the
Washington Area has attained the 2015 ozone NAAQS by the attainment
date of August 3, 2024. In light of this supplemental information that
shows continued attainment in the time following the 2023 CDD proposal,
the EPA is also re-proposing a CDD for the area. The EPA is including
this proposed rulemaking in the same docket as the February 1, 2023
proposed CDD for the Washington Area.\5\
---------------------------------------------------------------------------
\4\ The EPA initially noted this violation based on preliminary
data, which was later certified.
\5\ See www.regulations.gov/search/docket?filter=EPA-R03-OAR-2022-0987.
---------------------------------------------------------------------------
II. Exceptional Events Demonstration
Congress has recognized that it may not be appropriate for the EPA
to use certain monitoring data collected by the ambient air quality
monitoring network and maintained in the EPA's AQS database in certain
regulatory determinations. Thus, in 2005, Congress provided the
statutory authority for the exclusion of data influenced by
``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA and granted the EPA with the authority to propose
regulations to review and manage air quality monitoring data influenced
by exceptional events.\6\
---------------------------------------------------------------------------
\6\ Under CAA section 319(b), an exceptional event means an
event that: (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by the EPA under the process
established in regulations promulgated by the EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include: (i)
stagnation of air masses or meteorological inversions; (ii) a
meteorological event involving high temperatures or lack of
precipitation; or (iii) air pollution relating to source
noncompliance.
---------------------------------------------------------------------------
On March 22, 2007 (72 FR 13560), the EPA promulgated the 2007
Exceptional Events Rule in order to implement this 2005 CAA amendment.
The 2007 Exceptional Events Rule created a regulatory process codified
at 40 CFR parts 50 and 51 (Sec. Sec. 50.1, 50.14, and 51.930). These
regulatory sections, which superseded the EPA's previous guidance on
handling data influenced by exceptional events, contain definitions,
procedural requirements, requirements for air agency demonstrations,
criteria for the EPA's approval of the exclusion of event-affected air
quality data from the data set used for regulation decisions, and
requirements for air agencies to take appropriate and reasonable
actions to protect public health from exceedances and violations of the
NAAQS. On October 3, 2016 (81 FR 68216), the EPA promulgated a
comprehensive revision to the 2007 Exceptional Events Rule. The 2016
Exceptional Events Rule revision included the requirement that, if a
State demonstrates to the Administrator's satisfaction that emissions
from a wildfire smoke event cause a specific air pollution
concentration in excess of the NAAQS at a particular air quality
monitoring location and otherwise satisfies the requirements of 40 CFR
50.14, the EPA must exclude that data from use in determinations of
exceedances and violations.\7\
---------------------------------------------------------------------------
\7\ 40 CFR 50.14(b)(4).
---------------------------------------------------------------------------
The CAA provides for the exclusion of air quality monitoring data
from design value (DV) calculations when there are NAAQS exceedances
caused by events, such as wildfires, that meet the criteria for an
exceptional event identified in the EPA's Exceptional Events Rule at 40
CFR 50.1, 50.14, and 51.930. For the purposes of this proposed action,
on March 20, 2024, DOEE on behalf of DC submitted an exceptional events
demonstration to show that the maximum daily 8-hour average ozone
concentration recorded at the McMillan monitor (AQS Site ID #110010043)
on June 29, 2023, was influenced by Canadian wildfires. The EPA
concurred on this request on July 17, 2024.\8\
---------------------------------------------------------------------------
\8\ As described in the EPA's letter titled
``DOEE_WF_O3_Exceptional_Events_Letter RA'', provided in the docket
of this action, DOEE requested exclusion of data associated with
exceptional events claims for ozone data on June 1-2, 2023, and June
29, 2023. The EPA concurred on the June 29, 2023, McMillan monitor
day and deferred action on the remainder due to a lack of regulatory
significance.
---------------------------------------------------------------------------
[[Page 90251]]
The EPA found that DOEE's demonstration met the Exceptional Events
Rule criteria and determined that wildfire smoke events had regulatory
significance for purposes of calculating the Area's most recent design
value to make a determination of attainment by the attainment date and
a CDD for the 2015 ozone NAAQS. As such, the EPA proposes to take final
regulatory action on the concurred date, as an exceptional event to be
removed from the dataset used for regulatory purposes. The rationale of
the EPA's exceptional events proposal is detailed in the docket. For
this proposed action, the EPA will rely on the calculated design values
that exclude the event-influenced data for the purpose of demonstrating
attainment of the 2015 ozone NAAQS. Further details on DOEE's analyses
and the EPA's concurrence, including the exceptional events initial
notification, exceptional events demonstration, and the EPA's response
to the initial notification can be found in the docket for this
regulatory action.
While the EPA has concurred with DOEE's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these
regulatory actions require the EPA to provide an opportunity for public
comment on the claimed exceptional events and all supporting data prior
to the EPA taking final agency action. This proposed action provides
the public with an opportunity to comment on the claimed exceptional
events, all supporting documents, and the EPA's concurrence with DOEE's
request.
III. Determination of Attainment by the Attainment Date and Clean Data
Determination
A. Determination of Attainment by the Attainment Date
Sections 179(c)(1) and 181(b)(2)(A) of the CAA require the EPA to
determine whether an ozone nonattainment area attained the ozone
standard by the applicable attainment date. The EPA is required to
issue this determination within six months of the attainment date.
Because the ozone NAAQS is a concentration-based standard, a
determination of attainment is based on a nonattainment area's DV as of
the attainment date.\9\ Under the EPA regulations at 40 CFR 50.19(b)
and 40 CFR part 50, appendix U, the 2015 ozone NAAQS is attained when
the 3-year average of the annual fourth highest daily maximum 8-hour
average ambient air quality ozone concentration (i.e., DV) does not
exceed 0.070 ppm at each monitor site within the nonattainment
area.\10\ Because the DV is based on the three most recent, complete
calendar years of data, attainment must occur no later than the year
prior to the attainment date. Notably, the 2015 ozone DVs are based
solely on ozone season data.\11\ Ozone season is defined for each State
or portion of a State at 40 CFR part 58, appendix D, section 4.1, table
D-3. The ozone season for DC, MD, and VA runs annually from March 1st
to October 31st.\12\
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\9\ A design value is a statistic used to compare data collected
at an ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
\10\ The rounding convention in 40 CFR part 50, appendix U,
dictates that concentrations shall be reported in ``ppm'' to the
third decimal place, with additional digits to the right being
truncated. Thus, a computed 3-year average ozone concentration of
0.071 ppm is greater than 0.070 ppm and would exceed the standard,
but a DV of 0.0709 is truncated to 0.070 and attains the 2015 ozone
NAAQS.
\11\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50,
appendix U.
\12\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58,
appendix D, section 4.1, table D-3.
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As such, the EPA's proposed determination for the Area is based
upon the complete, quality-assured, quality-controlled, and certified
ozone monitoring data from calendar years 2021, 2022, and 2023. The
EPA's determination of attainment is based upon data that have been
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA's AQS database.\13\ Ambient air quality monitoring
data for the 3-year period preceding the year of the attainment date
must meet the data completeness requirements in appendix U, section
4(b). These completeness requirements are met for the 3-year period at
a monitoring site if daily maximum 8-hour average concentrations of
ozone are available for at least 90 percent of the days within the
ozone monitoring season, on average, for the 3-year period, and no
single year has less than 75 percent data completeness.\14\
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\13\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, State, local, and Tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to: (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate State implementation plans for non-
attainment areas, (4) perform modeling for permit review analysis,
and (5) prepare reports for Congress as mandated by the CAA. See
www.epa.gov/aqs.
\14\ As noted, the ozone season is defined for each State or
portion of a State at 40 CFR part 58, appendix D, section 4.1, table
D-3. The ozone season for DC, MD, and VA runs annually from March
1st to October 31st.
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As detailed in section III.C of this document, the EPA has
evaluated the relevant data and determined that the Washington Area
attained the 2015 Ozone NAAQS by the Moderate area attainment date of
August 3, 2024, based on the area's 2021-2023 DV. Notably, a
determination of attainment by the attainment date does not constitute
formal redesignation to attainment as provided for under CAA section
107(d)(3). Redesignations to attainment require, among other things,
that the States responsible for ensuring attainment and maintenance of
the NAAQS have met the applicable requirements under CAA section 110
and part D, and to submit to the EPA for approval a maintenance plan to
ensure continued attainment of the standard for 10 years following
redesignation, as provided under CAA section 175A.
B. Clean Data Policy and Clean Data Determinations
Following the enactment of the CAA Amendments of 1990, the EPA
discussed its interpretation of the requirements for implementing the
NAAQS in the ``General Preamble for the Implementation of title I of
the CAA Amendments of 1990'' (General Preamble).\15\ In 1995, based on
the interpretation of CAA sections 171, 172, and 182 in the General
Preamble, the EPA set forth what has become known as its ``Clean Data
Policy'' for the 1-hour ozone NAAQS.\16\ Under the Clean Data Policy,
for a nonattainment area that can demonstrate attainment of the
standard before implementing CAA nonattainment measures, the EPA
interprets the requirements of the CAA that are specifically designed
to help an
[[Page 90252]]
area achieve attainment, including attainment demonstrations,
implementation of reasonably available control measures (RACM),
reasonable further progress (RFP) demonstrations, emissions limitations
and control measures as necessary to provide for attainment, and
contingency measures, to be suspended for so long as air quality
continues to meet the standard.\17\
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\15\ 57 FR 13498, 13564 (April 16, 1992).
\16\ See Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, entitled ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for
Ozone Nonattainment areas Meeting the Ozone National Ambient Air
Quality Standard,'' dated May 10, 1995 (1995 John S. Seitz Memo).
Further description of the EPA's Clean Data Policy can be found in
the ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2'' (referred to as the Phase 2 Final Rule)
(70 FR 71612, November 29, 2005). The Tenth, Seventh, and Ninth
Circuit U.S. District Courts have upheld the EPA rulemakings
applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d
1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir.
2004); Our Children's Earth Foundation v. EPA, No. 04-73032 (9th
Cir., June 28, 2005) memorandum opinion.
\17\ 1995 John S. Seitz memo.
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The EPA may issue a CDD under the EPA's Clean Data Policy when a
nonattainment area is attaining the 2015 ozone NAAQS based on the most
recent available data. The EPA will determine whether the area has
attained the 2015 ozone NAAQS based on available information, including
air quality monitoring data for the affected area. If the CDD is made
final, then certain attainment plan requirements for the area are
suspended for so long as the area continues to attain the NAAQS.
Furthermore, the suspension of the obligation to submit an
attainment plan is only appropriate where the area remains in
attainment of the NAAQS. A CDD under the Clean Data Policy does not
serve to alter the area's nonattainment designation. The EPA will not
take final action on the CDD for the Washington Area if the design
value of a monitoring site within the Area violates the 2015 ozone
NAAQS prior to final approval of the CDD. CDDs are not redesignations
to attainment. As noted above, for the EPA to redesignate an area to
attainment the State must submit, and the EPA must approve, a
redesignation request for the area that meets the requirements of CAA
section 107(d)(3).
C. Analysis of Air Quality Data
The EPA has reviewed the ambient air monitoring data for ozone,
consistent with the requirements contained in 40 CFR part 50 and
recorded in the EPA's AQS database for the Washington Area from 2021
through 2023. That data is detailed in tables 1 through 3 of this
document. On the basis of that review, the EPA has concluded that the
Washington Area attained the 2015 ozone NAAQS by the applicable
attainment date (August 3, 2024) based on quality-assured, quality-
controlled, and certified ozone data from 2021 to 2023. Prior DVs from
the monitoring periods 2019-2021 and 2020-2022 further support the
EPA's conclusion that the area attained the 2015 ozone NAAQS.
As stated previously, under the EPA's regulations, the 2015 ozone
NAAQS is attained 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 0.070 ppm.\18\ When calculating the DV, digits
to the right of the third decimal place are truncated.\19\ When the DV
is less than or equal to 0.070 ppm at each monitor within the area,
then the area is meeting the 2015 ozone NAAQS. As noted above, the 2015
ozone DVs are based solely on ozone season data, which runs annually
from March 1st to October 31st for DC, MD, and VA.\20\
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\18\ See 40 CFR 50.19(b) and 40 CFR part 50, appendix U.
\19\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50,
appendix U.
\20\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58,
appendix D, section 4.1, table D-3.
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The data completeness requirement in 40 CFR part 50, appendix U, is
met when the average percentage of days with valid ambient monitoring
data is greater than 90% and no single year is less than 75% data
complete. The Washington Area has complete data for the years 2019 to
2023, as shown in table 1 in this document, except for the Takoma
Recreation Center monitor (AQS Site ID #110010050).
Due to building repairs, the Takoma Recreation Center monitoring
operations were temporarily halted from April 28 to October 7, 2022.
During this timeframe, the DC Department of Parks and Recreation began
repairing the Takoma Recreation Center station's roof, forcing the
site's closure.\21\ Operations were disrupted again from April 5 to
September 14, 2023, due to a burglary incident.\22\ Unidentified
individuals broke into the station, broke several windows, and took the
data logger and the computer monitor. Building security has been
enhanced since the most recent incident, and station operations and
data collection have resumed.
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\21\ DOEE notified the EPA via email, included in the docket of
this action, that the Takoma Recreation Center monitoring operations
would be temporarily halted during the station's repair.
\22\ DOEE notified the EPA via email, included in the docket of
this action, that the Takoma Recreation Center monitoring operations
would be temporarily halted due to the burglary incident. DOEE also
noted of the temporary halt of operation in Footnote 1 on Pg. 23 of
DOEE's 2024 Annual Ambient Air Monitoring Network Plan, included in
the docket of this action.
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The Takoma Recreation Center monitoring site (AQS ID #110010050)
had a valid attaining design value in 2019-2021 of 0.066 ppm. The
Takoma Recreation Center monitoring site has attained the 2015 ozone
NAAQS standard of 0.070 ppm since 2016. Based on the monitoring history
for this site and other sites in the Area, the EPA reasonably concludes
that the Takoma Recreation Center monitoring site would not have
exceeded the 2015 ozone NAAQS standard for the 2020-2022 or 2021-2023
DVs. For each monitor site in the area, except for the Takoma
Recreation Center, the average completeness data percentage from 2019-
2021, 2020-2022 and 2021-2023 is greater than 90% and no single monitor
year is below 75% complete.
Table 1--Completeness Data Percentage (%) From 2019 to 2023 for the Washington Area
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2019-2021 2020-2022 2021-2023
Location AQS site ID 2019 2020 2021 Average 2022 Average 2023 Average
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District of Columbia............ 110010041 100 98 98 99 95 97 98 97
District of Columbia............ 110010043 98 99 99 99 98 99 96 98
District of Columbia............ 110010050 100 97 99 99 * 29 * 75 * 23 * 50
Calvert, MD..................... 240090011 93 96 90 93 97 94 96 94
Charles, MD..................... 240170010 90 96 98 95 100 98 98 99
Frederick, MD................... 240210037 99 94 98 97 96 96 94 96
Montgomery, MD.................. 240313001 96 97 98 97 98 98 99 98
Prince George's, MD............. 240330030 96 97 95 96 89 94 96 93
Prince George's, MD............. 240338003 95 95 98 96 97 97 97 97
Prince George's, MD............. 240339991 93 92 96 94 92 93 93 94
Arlington, VA................... 510130020 99 99 100 99 99 99 99 99
Fairfax, VA..................... 510590030 98 98 99 98 98 98 98 98
Loudoun, VA..................... 511071005 90 99 100 96 100 100 97 99
Prince William, VA.............. 511530009 100 99 96 98 100 98 100 99
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* This data is below the data completeness requirement in 40 CFR part 50, appendix U.
[[Page 90253]]
Table 2 in this document shows the fourth-highest maximum 8-hour
average ozone concentrations for the Washington Area monitors in each
of the years 2019 to 2023. Table 3 in this document shows the ozone DV
for these same monitors based on the average of the fourth-highest
maximum 8-hour average ozone concentrations for the 2019-2021, 2020-
2022, and 2021-2023 3-year periods.
Table 2--Fourth-Highest 8-Hour Ozone Average Concentrations (ppm) in the Washington Area in Each Year From 2019 to 2023
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Location AQS site ID 2019 2020 2021 2022 2023
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District of Columbia.................................... 110010041 0.062 0.054 0.064 0.059 0.058
District of Columbia.................................... 110010043 0.071 0.063 0.072 0.066 0.072
District of Columbia.................................... 110010050 0.067 0.063 0.069 * 0.051 * 0.046
Calvert, MD............................................. 240090011 0.058 0.054 0.062 0.058 0.066
Charles, MD............................................. 240170010 0.061 0.052 0.066 0.061 0.069
Frederick, MD........................................... 240210037 0.065 0.063 0.067 0.061 0.074
Montgomery, MD.......................................... 240313001 0.062 0.059 0.068 0.063 0.068
Prince George's, MD..................................... 240330030 0.071 0.064 0.066 0.061 0.070
Prince George's, MD..................................... 240338003 0.065 0.060 0.070 0.064 0.073
Prince George's, MD..................................... 240339991 0.075 0.065 0.071 0.065 0.072
Arlington, VA........................................... 510130020 0.068 0.062 0.070 0.061 0.071
Fairfax, VA............................................. 510590030 0.070 0.057 0.068 0.062 0.073
Loudoun, VA............................................. 511071005 0.060 0.060 0.066 0.061 0.067
Prince William, VA...................................... 511530009 0.060 0.057 0.062 0.058 0.070
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* This data is shown in EPA's AQS as incomplete.
Table 3--Ozone Design Values (ppm) for the Washington Area
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Location AQS site ID 2019-2021 2020-2022 2021-2023
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District of Columbia............................ 110010041 0.060 0.059 0.060
District of Columbia............................ 110010043 0.068 0.067 0.070
District of Columbia............................ 110010050 0.066 * 0.061 * 0.055
Calvert, MD..................................... 240090011 0.058 0.058 0.062
Charles, MD..................................... 240170010 0.059 0.059 0.065
Frederick, MD................................... 240210037 0.065 0.063 0.067
Montgomery, MD.................................. 240313001 0.063 0.063 0.066
Prince George's, MD............................. 240330030 0.067 0.063 0.065
Prince George's, MD............................. 240338003 0.065 0.064 0.069
Prince George's, MD............................. 240339991 0.070 0.067 0.069
Arlington, VA................................... 510130020 0.066 0.064 0.067
Fairfax, VA..................................... 510590030 0.065 0.062 0.067
Loudoun, VA..................................... 511071005 0.062 0.062 0.064
Prince William, VA.............................. 511530009 0.059 0.059 0.063
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* This data is shown in the EPA's AQS as incomplete.
The EPA's review of these data indicates that the 2021-2023 DV at
each of the Washington Area's monitors that has valid 2021-2023 data
met the attainment standard of 0.070 ppm, excluding the exceptional
event impacted monitoring day summarized in section II of this
document.\23\ As a result, the EPA is able to determine that the
Washington Area met the 2015 8-hour ozone standard by the applicable
attainment date of August 3, 2024, and meets the requirements under the
Clean Data Policy for a CDD. Prior ozone data from the 2019-2021 and
2020-2022 monitoring periods further supports the EPA's conclusion that
the Area attained the 2015 ozone NAAQS.
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\23\ Further details on DOEE's exceptional events analysis and
the EPA's concurrence on the demonstration can be found in the
docket for this regulatory action.
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IV. Proposed Action
The EPA is proposing to determine that the Washington moderate
ozone nonattainment area has attained the 2015 8-hour ozone NAAQS by
the attainment date of August 3, 2024. This proposed determination is
based upon complete, quality-assured, quality-controlled, and certified
ambient air monitoring data that show the Washington Area has monitored
attainment of the 2015 8-hour ozone NAAQS for the 2021-2023 monitoring
period, including an evaluation of an exceptional events demonstration.
If finalized, this action will address the EPA's obligation under CAA
sections 179(c) and 181(b)(2) to determine whether the Washington Area
attained the 2015 ozone NAAQS by the August 3, 2024 attainment date.
The EPA is also re-proposing to determine that the Area has clean
data, consistent with Agency policy described above. As provided in 40
CFR 51.1318, if the EPA finalizes this CDD, it would suspend the
requirements for such area to submit attainment demonstrations,
associated RACM, RFP plans, and contingency measures under CAA section
172(c)(9), and any other planning State implementation plan revision
related to attainment of the 2015 8-hour ozone NAAQS for this Area, for
so long as the Area continues to attain the standard. Finalizing either
the attainment determination or CDD does not constitute a redesignation
of the Washington Area to attainment for the 2015 8-hour ozone NAAQS
under CAA section 107(d)(3). This action also does not involve
approving any maintenance plan for the Washington Area and does not
determine that the Washington Area has met all the requirements for
redesignation under the CAA, including that the attainment
[[Page 90254]]
be due to permanent and enforceable measures. Therefore, the
designation status of the Washington Area will remain nonattainment for
the 2015 8-hour ozone NAAQS until such time as DC, MD, and VA submit a
request for redesignation pursuant to 107(d)(3) of the CAA and the EPA
determines that the area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the area.
The EPA also proposes to take final agency action on an exceptional
events request submitted by DC on March 20, 2024, and concurred on by
the EPA on July 17, 2024.
The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action. The EPA previously received comments on the 2023 CDD Proposal
(88 FR 6688, February 1, 2023). In re-proposing the CDD, the EPA will
consider all comments received on the 2023 CDD Proposal as the Agency
moves forward with the current rulemaking. Accordingly, commenters need
not submit duplicate comments on the current proposal.\24\ However, the
EPA welcomes comments providing additional information not previously
submitted to the Agency.
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\24\ Comments received on the 2023 Proposal are contained in the
same docket as the current proposal: Docket ID No. EPA-R03-OAR-2022-
0987.
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V. Statutory and Executive Order Reviews
This rulemaking proposes to make an attainment determination based
on air quality data and would, if finalized, result in the suspension
of certain Federal requirements and would not impose any additional
requirements. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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); and
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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The EPA did not perform an EJ analysis and did not consider EJ in
this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income population, and
Indigenous peoples.
In addition, this action for the Washington Area does not have
Tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the Washington Area, and the 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-26423 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P
