[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38161-38164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18394]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0199; FRL-8938-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Determination of Clean Data for the 1997 Fine Particulate 
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to determine that the Baltimore, Maryland and 
Hagerstown-Martinsburg, Maryland (MD)-West Virginia (WV) nonattainment 
areas for the 1997 fine particulate matter (PM2.5) National 
Ambient Air Quality Standard (NAAQS) have clean data for the 1997 
PM2.5 NAAQS. This proposed determination is based upon 
quality assured, quality controlled, and certified ambient air 
monitoring data showing that these areas have monitored attainment of 
the 1997 PM2.5 NAAQS based on the 2006-2008 data. In 
addition, quality controlled and quality assured monitoring data for 
2009 that are available in the EPA Air Quality System (AQS) database, 
but not yet certified, show that these areas continue to meet the 1997 
PM2.5 NAAQS. If this proposed determination is made final, 
the requirements for these areas to submit an attainment demonstration, 
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 each of these areas continue to meet the 1997 
PM2.5 NAAQS.

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0199 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-2009-0199, 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 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-
2009-0199. 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

[[Page 38162]]

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: Jacqueline Lewis, (215) 814-2037, 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 Baltimore and the Maryland 
portion of the Hagerstown-Martinsburg, MD-WV PM2.5 
nonattainment areas have clean data for the 1997 PM2.5 
NAAQS. This determination is based upon quality assured, quality 
controlled, and certified ambient air monitoring data showing that 
these areas have monitored attainment of the 1997 PM2.5 
NAAQS based on the 2006-2008 data. In addition, quality controlled and 
quality assured monitoring data for 2009 that are available in the EPA 
AQS database, but not yet certified, show that these areas continue to 
meet 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 section 51.1004(c)), 
the requirements for the Baltimore and the Maryland portion of the 
Hagerstown-Martinsburg, MD-WV PM2.5 nonattainment areas to 
submit an attainment demonstration, 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 each area 
continues to meet the 1997 PM2.5 NAAQS.
    As further discussed below, the proposed determination for the 
Baltimore, MD and for the Maryland portion of the Hagerstown-
Martinsburg, MD-WV nonattainment areas would: (1) Suspend the 
requirements to submit for each area an attainment demonstration, 
associated reasonably available control measures (RACM) (including 
reasonably available control technologies (RACT)), a reasonable further 
progress (RFP) plan, 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 each 
area have violated the 1997 PM2.5 NAAQS; (3) be separate 
from, and not influence or otherwise affect, any future designation 
determination or requirements for the Baltimore and Hagerstown-
Martinsburg, MD-WV PM2.5 nonattainment areas based on the 
2006 PM2.5 NAAQS; and (4) remain in effect regardless of 
whether EPA designates these areas as nonattainment for purposes of the 
2006 PM2.5 NAAQS. Furthermore, as described below, any such 
final determinations would not be equivalent to the redesignation of 
these areas 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 
areas have violated the 1997 PM2.5 NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR section 
51.1004(c), would no longer exist, and these areas 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 these 
areas 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 these areas as required under section 175A of the 
CAA, nor a determination that these areas have met the other 
requirements for redesignation. The designation status of these areas 
would remain nonattainment for the 1997 PM2.5 NAAQS until 
such time as EPA determines that these areas meet the CAA requirements 
for redesignation to attainment.
    This proposed action, if finalized, is limited to a determination 
that the Baltimore and the Maryland portion of the Hagerstown-
Martinsburg MD-WV PM2.5 nonattainment areas have clean data 
for 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 section 50.7. The 2006 PM2.5 NAAQS, which became 
effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 
section 50.13. EPA is currently in the process of making designation 
determinations, as required by CAA section 107(d)(2), for the 2006 
PM2.5 NAAQS. At this point, EPA has not made any designation 
determination for the Baltimore and Hagerstown-Martinsburg MD-WV 
PM2.5 nonattainment areas 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 Baltimore and Hagerstown-Martinsburg, MD-WV 
PM2.5 nonattainment areas. Conversely, any future 
designation determination of the Baltimore and Hagerstown-Martinsburg, 
MD-WV nonattainment areas, based on the 2006 PM2.5 NAAQS, 
will not have any effect on the determination proposed by this notice.
    If this proposed determination is made final and the Baltimore and 
the Maryland portion of the Hagerstown-Martinsburg, MD-WV nonattainment 
areas continue to demonstrate attainment with the 1997 PM2.5 
NAAQS, the requirements for the nonattainment areas to submit an 
attainment demonstration, 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 these areas as nonattainment areas for purposes of the 
2006 PM2.5 NAAQS. Once these areas are designated for the 
2006 NAAQS, they will have to meet all applicable requirements for that 
designation.

[[Page 38163]]

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/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations, and a twenty-four hour standard of 65 [mu]g/m\3\ 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 Baltimore and Hagerstown-Martinsburg, MD-WV nonattainment areas 
were 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 Baltimore and 
Hagerstown-Martinsburg, MD-WV PM2.5 nonattainment areas from 
2006 through the present time. On the basis of that review, EPA has 
concluded that these areas meet the 1997 PM2.5 NAAQS based 
on the 2006-2008 data. In addition, quality controlled and quality 
assured monitoring data for 2009 that are available in the EPA AQS 
database, but not yet certified, show these areas continue to attain 
the 1997 PM2.5 NAAQS.
    Under EPA regulations at 40 CFR Part 50, section 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/m\3\.
    (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/m\3\.
    Table 1.a shows the design values for the 1997 Annual 
PM2.5 NAAQS for the Baltimore nonattainment area monitors 
for the years 2006-2008. Table 1.b shows the design values for the 1997 
Annual PM2.5 NAAQS for the Hagerstown-Martinsburg, MD-WV 
nonattainment area monitors for the years 2006-2008.

   Table 1.a--Design Values for Counties in the Baltimore, MD Nonattainment Area for 1997 PM2.5 NAAQS--Annual
                                                    Standard
----------------------------------------------------------------------------------------------------------------
                                                                               1997 annual
                        Location                            AQS site ID         attainment     2006-2008  design
                                                                                 standard            values
----------------------------------------------------------------------------------------------------------------
Anne Arundel County....................................        24-003-1003                 15               13.3
Baltimore County.......................................        24-005-1007                 15               12.6
Baltimore County.......................................        24-005-3001                 15               13.6
Harford County.........................................        24-025-1001                 15               11.7
Baltimore City.........................................        24-510-0006                 15               12.8
Baltimore City.........................................        24-510-0007                 15               12.9
Baltimore City.........................................        24-510-0008                 15                 14
Baltimore City.........................................        24-510-0035                 15               14.5
Baltimore City.........................................        24-510-0040                 15                 14
----------------------------------------------------------------------------------------------------------------


 Table 1.b--Design Values for the Hagerstown-Martinsburg, MD-WV Nonattainment Area for 1997 PM2.5 NAAQS--Annual
                                                    Standard
----------------------------------------------------------------------------------------------------------------
                                                                               1997 Annual
                        Location                            AQS site ID         attainment      2006-2008 design
                                                                                 standard            values
----------------------------------------------------------------------------------------------------------------
Washington County, MD..................................        24-043-0009                 15               12.2
Berkeley County, WV....................................        54-003-0003                 15               14.9
----------------------------------------------------------------------------------------------------------------

    Table 2.a shows the design values for the 1997 24-Hour 
PM2.5 NAAQS for these same monitors and the same 3-year 
period. Table 2.b shows the design values for the 1997 24-Hour 
PM2.5 NAAQS for these same monitors and the same 3-year 
period.

   Table 2.a--Design Values for Counties in the Baltimore, MD Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour
                                                    Standard
----------------------------------------------------------------------------------------------------------------
                                                                               1997 Annual
                        Location                            AQS site ID         attainment      2006-2008 design
                                                                                 standard            values
----------------------------------------------------------------------------------------------------------------
Anne Arundel County....................................        24-003-1003                 65                 34
Baltimore County.......................................        24-005-1007                 65                 32
Baltimore County.......................................        24-005-3001                 65                 33
Harford County.........................................        24-025-1001                 65                 29

[[Page 38164]]

 
Baltimore City.........................................        24-510-0006                 65                 33
Baltimore City.........................................        24-510-0007                 65                 33
Baltimore City.........................................        24-510-0008                 65                 35
Baltimore City.........................................        24-510-0035                 65                 34
Baltimore City.........................................        24-510-0040                 65                 34
----------------------------------------------------------------------------------------------------------------


 Table 2.b--Design Values for the Hagerstown-Martinsburg, MD-WV Nonattainment Area for 1997 PM2.5 NAAQS--24-Hour
                                                    Standard
----------------------------------------------------------------------------------------------------------------
                                                                               1997 24-Hour
                        Location                            AQS site ID         attainment      2005-2007 design
                                                                                 standard            values
----------------------------------------------------------------------------------------------------------------
Washington County, MD..................................        24-043-0009                 65                 30
Berkeley County, WV....................................        54-003-0003                 65                 31
----------------------------------------------------------------------------------------------------------------

    EPA's reviews of these data indicate that the Baltimore, MD and 
Hagerstown-Martinsburg, MD-WV PM2.5 nonattainment areas have 
met and continue 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. Please 
note that if EPA received adverse comment on an amendment, paragraph, 
or section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.

V. What's EPA's Proposed Action?

    EPA is proposing to determine that the Baltimore and the Maryland 
portion of the Hagerstown-Martinsburg, MD-WV nonattainment areas for 
the 1997 PM2.5 NAAQS have clean data for the 1997 
PM2.5 NAAQS. As provided in 40 CFR section 51.1004(c), if 
EPA finalizes this determination, it would suspend the requirements for 
these areas to submit an attainment demonstration, 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 these areas 
continues to meet the 1997 PM2.5 NAAQS.

VI. What Are the Statutory and Executive Order Reviews?

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed determination that the Maryland portion 
of the Hagerstown-Martinsburg and the Baltimore nonattainment areas 
have clean data for the 1997 PM2.5 standard does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and 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, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: July 23, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III .
[FR Doc. E9-18394 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P