[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Pages 43360-43362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16475]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0109; FRL-8694-8]


Determination of Attainment for the Ozone National Ambient Air 
Quality Standards for Nonattainment Areas in Delaware, District of 
Columbia, Maryland, Pennsylvania, and Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA has determined that two severe 1-hour ozone nonattainment 
areas, Philadelphia-Wilmington-Trenton, and the Metropolitan 
Washington, DC, attained the 1-hour ozone National Ambient Air Quality 
Standards (NAAQS) by the applicable attainment date of November 15, 
2005. EPA has also determined that these areas are not subject to the 
imposition of the penalty fees under section 185 of the Clean Air Act 
(CAA). These determinations of attainment are not a redesignation to 
attainment for these severe areas for which air quality monitoring data 
indicates attainment of the standard. EPA is issuing this final action 
to fulfill obligations to make such determinations under the CAA.

DATES: Effective Date: This final rule is effective on August 25, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0109. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

I. Background

    On April 28, 2008, (73 FR 22896), EPA published a notice of 
proposed rulemaking (NPR) for these actions. The NPR proposed to 
determine that two severe 1-hour ozone nonattainment areas, 
Philadelphia-Wilmington-Trenton, and Metropolitan Washington, DC, 
attained the 1-hour ozone NAAQS by the applicable attainment date of 
November 15, 2005, and, proposed to find that these areas are not 
subject to the imposition of the penalty fees under section 185 of the 
CAA. These proposals were based on three years of complete, quality-
assured ambient air quality monitoring data for 2003 through 2005 ozone 
seasons. These proposed determinations of attainment were not a 
redesignation to attainment for these severe areas for which air 
quality monitoring data indicates attainment of the standard.
    We received two letters supporting the proposed actions and 
received no adverse public comments on the NPR. The background for this 
action, the requirements of section 185 of the CAA, and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here.
    The geographic boundaries of each nonattainment area affected by 
this action can be found in the NPR (73 FR 22896 at 22896-22897, April 
28, 2008). See also, the tables entitled ``Ozone (1-Hour Standard)'' in 
the following sections of 40 CFR part 81: Sec. Sec.  81.308, 81.309, 
81.321, 81.339 and 81.347 for Delaware, the District of Columbia, 
Maryland, Pennsylvania, and Virginia, respectively. Note that for each 
State the codification of these determinations in 40 CFR part 52 the 
name of the 1-hour severe ozone nonattainment area used is the name of 
that area as it appears in the table entitled ``Ozone (1-Hour 
Standard)'' in 40 CFR part 81 for that State.

II. Final Action

A. Philadelphia Area

    Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton, severe 1-hour ozone nonattainment area attained the 
1-hour ozone NAAQS by the applicable attainment date of November 15, 
2005. EPA also has determined that this area is not subject to the 
imposition of the section 185 penalty fees.

B. Washington Area

    Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Metropolitan 
Washington, DC, severe 1-hour ozone nonattainment area attained the 1-
hour ozone NAAQS by the applicable attainment date of November 15, 
2005. EPA also has determined that this area is not subject to the 
imposition of the section 185 penalty fees.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final action is not a ``significant regulatory action'' and therefore 
is not subject to review by the Office of Management and Budget. For 
this reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 Fed. Reg. 28355 (May 22, 2001)). 
This final action determines that two areas have attained a previously-
established NAAQS based on an objective review of measured air quality 
data and imposes no additional requirements. Accordingly, the 
Administrator certifies that these final

[[Page 43361]]

rules will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et. seq.). Because these rules do not impose any additional 
enforceable duties, they do not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). These final rules 
also do not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), nor will they have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because these final actions determine that each of two areas has 
attained a Federal standard, and do not alter the relationship or the 
distribution of power and responsibilities established in the CAA. In 
addition, these rules do not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law. These final rules also are not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
they are not economically significant.
    These rules do not involve establishment of technical standards, 
and thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this proposed rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. These final rules do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 23, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action that determines that the 
Philadelphia-Wilmington-Trenton and Metropolitan Washington, DC, severe 
zone nonattainment areas attained the 1-hour ozone NAAQS and are not 
required to impose section 185 penalty fees may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: July 8, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

PART 52--[AMENDED]

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

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

Subpart I--Delaware

0
2. Section 52.426 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.426  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (f) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 
1-hour ozone NAAQS by the applicable attainment date of November 15, 
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton 
severe 1-hour ozone nonattainment area is not subject to the imposition 
of the section 185 penalty fees.

Subpart J--District of Columbia

0
3. Section 52.476 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.476  Control strategy: Ozone.

* * * * *
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington severe 1-
hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has 
determined that the Washington severe 1-hour ozone nonattainment area 
is not subject to the imposition of the section 185 penalty fees.

Subpart V--Maryland

0
4. Section 52.1076 is amended by adding paragraphs (o) and (p) to read 
as follows:


Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (o) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington, DC severe 
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has 
determined that the Washington, DC severe 1-hour ozone nonattainment 
area is not subject to the imposition of the section 185 penalty fees.
    (p) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 
1-hour ozone NAAQS by the applicable

[[Page 43362]]

attainment date of November 15, 2005. EPA also has determined that the 
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area 
is not subject to the imposition of the section 185 penalty fees.

Subpart NN--Pennsylvania

0
5. Section 52.2037 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (n) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 
1-hour ozone NAAQS by the applicable attainment date of November 15, 
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton 
severe 1-hour ozone nonattainment area is not subject to the imposition 
of the section 185 penalty fees.

Subpart VV--Virginia

0
6. Section 52.2428 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2428  Control Strategy: Carbon monoxide and ozone.

* * * * *
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington, DC severe 
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has 
determined that the Washington, DC severe 1-hour ozone nonattainment 
area is not subject to the imposition of the section 185 penalty fees.

 [FR Doc. E8-16475 Filed 7-24-08; 8:45 am]
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