[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Rules and Regulations]
[Pages 1146-1148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31305]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0736; FRL-8759-7]


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: Final rule.

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SUMMARY: EPA is determining 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.

DATES: Effective Date: This final rule is effective on January 12, 
2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0736. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: 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. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is determining that the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5

[[Page 1147]]

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 submitted during the calendar year 2008, which 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.
    Other specific requirements of the determination and the rationale 
for EPA's proposed action are explained in the notice of proposed 
rulemaking (NPR) published on October 22, 2008 (73 FR 62945) and will 
not be restated here. A public comment was received supporting the 
determination proposed in the NPR.

II. What Is the Effect of This Action?

    This final action, in accordance with 40 CFR 51.1004(c), suspends 
the requirements for this area to submit attainment demonstrations and 
associated reasonably available control measures, reasonable further 
progress plans, contingency measures, and other planning state 
implementation plans (SIPs) related to attainment of the 1997 
PM2.5 NAAQS for so long as the area continues to attain the 
1997 PM2.5 NAAQS.

III. When Is the Action Effective?

    EPA finds that there is good cause for this approval to become 
effective on the date of publication of this action in the Federal 
Register, because a delayed effective date is unnecessary due to the 
nature of the approval. The expedited effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that rule 
actions may become effective less than 30 days after publication if the 
rule ``grants or recognizes an exemption or relieves a restriction'' 
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30 
days after publication ``as otherwise provided by the agency for good 
cause found and published with the rule.'' As noted above, this 
determination of attainment suspends the requirements for the 
Washington Metropolitan 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 standard for so long as the 
area continues to attain the 1997 PM2.5 NAAQS. The 
suspension of these requirements is sufficient reason to allow an 
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In 
addition, the Metropolitan Washington, DC-MD-VA nonattainment area's 
suspension from these requirements provide good cause to make this rule 
effective on the date of publication of this action in the Federal 
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day 
waiting period prescribed in 5 U.S.C. 553(d) is to give affected 
parties a reasonable time to adjust their behavior and prepare before 
the final rule takes effect. Where, as here, the final rule suspends 
requirements rather than imposing obligations, affected parties, such 
as the Commonwealth of Virginia, the District of Columbia and the State 
of Maryland do not need time to adjust and prepare before the rule 
takes effect.

IV. Final Action

    EPA is determining that the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This 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 the 2005-2007 
data. This final action, in accordance with 40 CFR 51.1004(c), will 
suspend the requirements for this area to submit attainment 
demonstrations and associated reasonably available control measures, 
reasonable further progress plans, contingency measures, and other 
planning SIPs related to attainment of the 1997 PM2.5 NAAQS 
for so long as the area continues to attain the 1997 PM2.5 
NAAQS.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 makes 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 
makes a determination based on air quality data, and results 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 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 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 makes a determination 
based on air quality data and results 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 
rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks'' (62 FR 19885, April 23, 
1997) because it determines 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 that other wise satisfy the provisions of the 
CAA.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    Under Executive Order 12898, EPA finds that this rule involves a 
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,

[[Page 1148]]

including minority and low-income communities.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 13, 2009. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action, pertaining to the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 19, 2008.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart J--District of Columbia

0
2. Section 52.477 is added to read as follows:


Sec.  52.477  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the District of Columbia portion of the Metropolitan Washington, 
DC-MD-VA nonattainment area for the 1997 PM2.5 NAAQS has 
attained the 1997 PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration and associated reasonably 
available control measures, a reasonable further progress plan, 
contingency measures, and other planning SIPs related to attainment of 
the standard for as long as the area continues to attain the 1997 
PM2.5 NAAQS.

Subpart V--Maryland

0
3. Section 52.1081 is added to read as follows:


Sec.  52.1081  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as the area continues to attain the 1997 PM2.5 NAAQS.

Subpart VV--Virginia

0
4. Section 52.2429 is added to read as follows:


Sec.  52.2429  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the Virginia portion of the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as the area continues to attain the 1997 PM2.5 NAAQS.

 [FR Doc. E8-31305 Filed 1-9-09; 8:45 am]
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