[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Proposed Rules]
[Pages 62945-62948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25160]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0736; FRL-8732-2]


Approval and Promulgation of Air Quality Implementation Plans; 
The Metropolitan Washington Nonattainment Area; Determination of 
Attainment of the Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Metropolitan 
Washington, DC-MD-VA nonattainment area for the 1997 fine particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS) has 
attained the 1997 PM2.5 NAAQS. This proposed determination 
is based upon quality assured, quality controlled, and certified 
ambient air monitoring data that show that the area has monitored 
attainment of the 1997 PM2.5 NAAQS since the 2004-2006 
monitoring period, and continues to monitor attainment of the standard 
based on 2005-2007 data. In addition, quality controlled and quality 
assured monitoring data for 2008 that are available in the EPA Air 
Quality System (AQS) database, but not yet certified, show this area 
continues to attain the 1997 PM2.5 NAAQS. If this proposed 
determination is made final, the requirements for this area to submit 
an attainment demonstration and associated reasonably available 
measures, a reasonable further progress plan, contingency measures, and 
other planning State Implementation Plans (SIPs) related to attainment 
of the standard shall be suspended for so long as the area continues to 
attain the 1997 PM2.5 NAAQS.

DATES: Written comments must be received on or before November 21, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0736 by one of the following methods:
    A. www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2008-0736, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such

[[Page 62946]]

deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0736. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Melissa Linden, (215) 814-2096, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is proposing to determine that the Metropolitan Washington, DC-
MD-VA PM2.5 nonattainment area has attained the 1997 
PM2.5 NAAQS. This determination is based upon quality 
assured, quality controlled, and certified ambient air monitoring data 
that show the area has monitored attainment of the 1997 
PM2.5 NAAQS since the 2004-2006 monitoring period, and 
monitoring data that continue to show attainment of the 1997 
PM2.5 NAAQS based on the 2005-2007 data. In addition, 
quality controlled and quality assured monitoring data for 2008 that 
are available in the EPA AQS database, but not yet certified, show this 
area continues to attain the 1997 PM2.5 NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR 51.1004(c)), the 
requirements for the Metropolitan Washington, DC-MD-VA PM2.5 
nonattainment area to submit an attainment demonstration and associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS would be suspended for so 
long as the area continues to attain the 1997 PM2.5 NAAQS.
    As further discussed below, the proposed determination would: (1) 
For the Metropolitan Washington, DC-MD-VA nonattainment area, suspend 
the requirements to submit an attainment demonstration and associated 
reasonably available control measures (RACM) (including reasonably 
available control technologies (RACT)), a reasonable further progress 
plan (RFP), contingency measures, and any other planning SIPs related 
to attainment of the 1997 PM2.5 NAAQS; (2) continue until 
such time, if any, that EPA subsequently determines that the area has 
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not 
influence or otherwise affect, any future designation determination or 
requirements for the Metropolitan Washington, DC-MD-VA area based on 
the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of 
whether EPA designates this area as a nonattainment area for purposes 
of the 2006 PM2.5 NAAQS. Furthermore, as described below, 
any such final determination would not be equivalent to the 
redesignation of the area to attainment based on the 1997 
PM2.5 NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 PM2.5 NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist, and the area would thereafter have 
to address the pertinent requirements.
    The determination that EPA proposes with this Federal Register 
notice, that the air quality data shows attainment of the 1997 
PM2.5 NAAQS, is not equivalent to the redesignation of the 
area to attainment. This proposed action, if finalized, would not 
constitute a redesignation to attainment under section 107(d)(3) of the 
Clean Air Act (CAA), because we would not yet have an approved 
maintenance plan for the area as required under section 175A of the 
CAA, nor a determination that the area has met the other requirements 
for redesignation. The designation status of the area would remain 
nonattainment for the 1997 PM2.5 NAAQS until such time as 
EPA determines that it meets the CAA requirements for redesignation to 
attainment.
    This proposed action, if finalized, is limited to a determination 
that the Metropolitan Washington, DC-MD-VA PM2.5 area has 
attained the 1997 PM2.5 NAAQS. The 1997 PM2.5 
NAAQS became effective on July 18, 1997 (62 FR 36852) and are set forth 
at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became effective 
on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA 
is currently in the process of making designation determinations, as 
required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS. 
EPA has not made any designation determination for the Metropolitan 
Washington, DC-MD-VA area based on the 2006 PM2.5 NAAQS. 
This proposed determination, and any final determination, will have no 
effect on, and is not related to, any future designation determination 
that EPA may make based on the 2006 PM2.5 NAAQS for the 
Metropolitan Washington, DC-MD-VA area. Conversely, any future 
designation determination of the Metropolitan Washington, DC-MD-VA 
area, based on the 2006 PM2.5 NAAQS, will not have

[[Page 62947]]

any effect on the determination proposed by this notice.
    If this proposed determination is made final and the Metropolitan 
Washington, DC-MD-VA area continues to demonstrate attainment with the 
1997 PM2.5 NAAQS, the requirements for the Metropolitan 
Washington, DC-MD-VA area to submit an attainment demonstration and 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and any other planning SIPs 
related to attainment of the 1997 PM2.5 NAAQS would remain 
suspended, regardless of whether EPA designates this area as a 
nonattainment area for purposes of the 2006 PM2.5 NAAQS. 
Once the area is designated for the 2006 NAAQS, it will have to meet 
all applicable requirements for that designation.

III. What Is the Background for This Action?

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/
m3) based on a 3-year average of annual mean 
PM2.5 concentrations, and a twenty-four hour standard of 65 
[mu]g/m3 based on a 3-year average of the 98th percentile of 
24-hour concentrations. EPA established the standards based on 
significant evidence and numerous health studies demonstrating that 
serious health effects are associated with exposures to particulate 
matter. The process for designating areas following promulgation of a 
new or revised NAAQS is contained in section 107(d)(1) of the CAA. EPA 
and State air quality agencies initiated the monitoring process for the 
1997 PM2.5 NAAQS in 1999, and developed all air quality 
monitors by January 2001. On January 5, 2005 (70 FR 944), EPA published 
its air quality designations and classifications for the 1997 
PM2.5 NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. These designations became 
effective on April 5, 2005. The Metropolitan Washington, DC-MD-VA 
(Charles, Frederick, Montgomery, Prince George's, Alexandria, 
Arlington, Fairfax, Loudoun, Prince William, Falls Church, Manassas, 
Manassas Park, Fairfax City, and the District of Columbia) area was 
designated nonattainment for the 1997 PM2.5 NAAQS (see 40 
CFR part 81).

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded in the EPA AQS database for the Metropolitan 
Washington, DC-MD-VA PM2.5 nonattainment area from 2004 
through the present time. On the basis of that review, EPA has 
concluded that this area attained the 1997 PM2.5 NAAQS since 
the 2004-2006 monitoring period, and continues to monitor attainment of 
the NAAQS based on 2005-2007 data. In addition, quality controlled and 
quality assured monitoring data for 2008 that are available in the EPA 
AQS database, but not yet certified, show this area continues to attain 
the 1997 PM2.5 NAAQS.
    Under EPA regulations at 40 CFR Part 50, Sec.  50.7:
    (1) The annual primary and secondary PM2.5 standards are 
met when the annual arithmetic mean concentration, as determined in 
accordance with 40 CFR part 50, Appendix N, is less than or equal to 
15.0 [mu]g/m3.
    (2) The 24-hour primary and secondary PM2.5 standards 
are met when the 98th percentile 24-hour concentration, as determined 
in accordance with 40 CFR part 50, Appendix N, is less than or equal to 
65 [mu]g/m3.
    Table 1 shows the design values for the 1997 Annual 
PM2.5 NAAQS for the Metropolitan Washington, DC-MD-VA 
nonattainment area monitors for the years 2004-2006 and 2005-2007. 
Table 2 shows the design values for the 1997 24-Hour PM2.5 
NAAQS for these same monitors and the same 3-year periods.

  Table 1--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--
                                                 Annual Standard
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                                                                 1997 Annual
                  Location                      AQS site ID       attainment       2004-2006        2005-2007
                                                                   standard      Design values    Design values
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District of Columbia........................        110010041               15             14.4             14.0
District of Columbia........................        110010042               15             14.5             14.2
District of Columbia........................        110010043               15             14.0             13.5
Montgomery County, MD.......................        240313001               15             12.5             12.2
Prince George's, MD.........................        240338003               15             13.1             12.8
Arlington, VA...............................        510130020               15             14.2             14.0
Fairfax, VA.................................        510590030               15             13.4             13.0
Fairfax, VA.................................        510591005               15             13.6             13.5
Fairfax, VA.................................        510595001               15             13.9             13.7
Loudoun, VA.................................        511071005               15             13.6             13.2
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 Table 2--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--24-
                                                  Hour Standard
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                                                               1997 Annual  24-
                  Location                      AQS site ID    hour attainment     2004-2006        2005-2007
                                                                   standard      Design values    Design values
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District of Columbia........................        110010041               65               37               35
District of Columbia........................        110010042               65               35               33
District of Columbia........................        110010043               65               34               34
Montgomery County, MD.......................        240313001               65               31               30
Prince George's, MD.........................        240338003               65               35               32
Arlington, VA...............................        510130020               65               34               32
Fairfax, VA.................................        510590030               65               35               34
Fairfax, VA.................................        510591005               65               34               32

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Fairfax, VA.................................        510595001               65               34               33
Loudoun, VA.................................        511071005               65               35               33
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    EPA's reviews of these data indicate that the Metropolitan 
Washington, DC-MD-VA nonattainment area has met and continues to meet 
the 1997 PM2.5 NAAQS. EPA is soliciting public comments on 
the issues discussed in this document. These comments will be 
considered before taking final action.

V. Proposed Action

    EPA is proposing to determine that the Metropolitan Washington, DC-
MD-VA nonattainment area for the 1997 PM2.5 NAAQS has 
attained the 1997 PM2.5 NAAQS and continues to attain the 
standard based on data through 2008. As provided in 40 CFR 51.1004(c), 
if EPA finalizes this determination, it would suspend the requirements 
for this area to submit an attainment demonstration and associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS so long as the area 
continues to attain the 1997 PM2.5 NAAQS.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action proposes to make a determination based on air quality data, and 
would, if finalized, result in the suspension of certain Federal 
requirements. Accordingly, the Administrator certifies that this rule 
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 this rule proposes to make a determination based on air 
quality data, and would, if finalized, result in the suspension of 
certain Federal requirements, it 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).
    This proposed rule also does not have tribal applications because 
it will 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). This proposed action also 
does not have Federalism implications because it does not 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 it merely proposes to make a determination based on air quality 
data and would, if finalized, result in the suspension of certain 
Federal requirements, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks'' (62 FR 19885, April 23, 
1997) because it proposes to determine that air quality in the affected 
area is meeting Federal standards.
    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 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures to otherwise satisfy the provisions of the CAA. 
This proposed rule does not impose an information collection burden 
under the provisions of the Paper Reduction Act of 1995 (44 U.S.C. 3501 
et seq.)
    Under Executive Order 12898, EPA finds that this rule, pertaining 
to the District of Columbia, Maryland and Virginia's determination of 
attainment of the fine particle standard for the Metropolitan 
Washington, DC-MD-VA area, involves a proposed determination of 
attainment based on air quality data and will not have 
disproportionately high and adverse human health or environmental 
effects on any communities in the area, including minority and low-
income communities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-25160 Filed 10-21-08; 8:45 am]
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