[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Rules and Regulations]
[Pages 1411-1414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-141]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0801; FRL-9616-6]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, Virginia, and West Virginia; 
Determinations of Attainment of the 1997 Fine Particle Standard for the 
Metropolitan Washington, DC-MD-VA and Martinsburg-Hagerstown, WV-MD 
Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making determinations that the Metropolitan Washington, 
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle 
(PM2.5) nonattainment area and the Martinsburg-Hagerstown, 
West Virginia-Maryland (WV-MD) PM2.5 nonattainment area 
(hereafter referred to as ``Areas'') have attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by their 
applicable attainment date of April 5, 2010. These determinations are 
based upon complete, quality-assured, and certified ambient air 
monitoring data for the 2007-2009 monitoring period. EPA is finding 
these Areas to be in attainment, in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on February 9, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0801. 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: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    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 (hereafter referred to as ``the annual PM2.5 
NAAQS'' or ``the annual standard''). At that time, EPA also established 
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 24-hour standard''). 
See, 40 CFR 50.7. 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 and the Martinsburg-
Hagerstown, WV-MD nonattainment areas were designated nonattainment for 
the 1997 PM2.5 NAAQS during this designations process. See, 
40 CFR part 81.309 (the District), 40 CFR 81.321 (Maryland), 40 CFR 
81.347 (Virginia), and 40 CFR 81.349 (West Virginia). The Metropolitan 
Washington, DC-MD-VA 1997 annual PM2.5 nonattainment area 
consists of the District of Columbia (the District), a Northern 
Virginia portion (Arlington, Fairfax, Loudoun, and Prince William 
Counties and the cities of Alexandria, Falls Church, Fairfax, Manassas, 
and Manassas Park), and Charles, Frederick, Montgomery, and Prince 
George's Counties in Maryland. The Martinsburg-Hagerstown, WV-MD 1997 
annual PM2.5 nonattainment area consists of Washington 
County in Maryland and Berkley County in West Virginia.
    EPA previously made clean data determinations related to the 1997 
annual PM2.5 NAAQS for each of these Areas pursuant to 40 
CFR 51.1004(c). Determinations were made for the Metropolitan 
Washington Area, DC-MD-VA on January 12, 2009 (74 FR 1146) and for the 
Martinsburg-Hagerstown, WV-MD Area on November 20, 2009 (74 FR 60199). 
These clean data determinations remain in effect.
    Under CAA section 179(c), EPA is required to make a determination 
that a nonattainment area has attained by its applicable attainment 
date, and publish that determination in the Federal Register. The 
determination of attainment is not equivalent to a redesignation, and 
the state must still meet the statutory requirements for

[[Page 1412]]

redesignation in order for the Areas to be redesignated to attainment.
    Complete, quality-assured, and certified PM2.5 air 
quality monitoring data, recorded in the EPA Air Quality System (AQS) 
database for 2007-2009, show that the Metropolitan Washington, DC-MD-VA 
and the Martinsburg-Hagerstown, WV-MD nonattainment areas attained the 
1997 annual PM2.5 NAAQS by their applicable attainment date.
    On November 4, 2011 (76 FR 68378), EPA published a notice of 
proposed rulemaking (NPR) for the District of Columbia, Maryland, 
Virginia, and West Virginia. The NPR proposed to determine that the 
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD 
nonattainment areas have attained the 1997 annual PM2.5 
NAAQS by the applicable attainment date of April 5, 2010. The proposal 
is based upon complete, quality-assured, and certified ambient air 
monitoring data for the 2007-2009 monitoring period and EPA's 
determinations are in accordance with EPA's PM2.5 
Implementation Rule of April 25, 2007 (72 FR 20664). No comments were 
submitted on the NPR.

II. 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 data in the EPA AQS database for the 
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD 
nonattainment areas for the monitoring period from 2007-2009. On the 
basis of that review, EPA is determining that the Areas attained the 
1997 annual PM2.5 NAAQS by the applicable April 5, 2010 
attainment date.
    Under EPA regulations at 40 CFR 50.7, the annual primary and 
secondary PM2.5 standards are met when the annual arithmetic 
mean concentrations, as determined in accordance with 40 CFR part 50, 
appendix N, is less than or equal to 15.0 [mu]g/m\3\, at all relevant 
monitoring sites. The values calculated in accordance with 40 CFR part 
50, appendix N, are referred to as design values, and these values are 
used to determine if an area is attaining the PM2.5 NAAQS. 
According to the PM2.5 implementation rule, the attainment 
date for these Areas is April 5, 2010 and the monitoring data from 
2007-2009 is used to determine if the Areas attained by April 5, 2010.
    Table 1 shows the PM2.5 design values for each monitor 
in the Metropolitan Washington, DC-MD-VA and the Martinsburg-
Hagerstown, WV-MD nonattainment areas, respectively, for the years 
2007-2009. All 2007-2009 design values are below 15.0 [mu]g/m\3\, and 
all monitors meet the data completeness requirements. Therefore, the 
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD 
nonattainment areas attained the 1997 annual PM2.5 NAAQS by 
their attainment date.

 Table 1--1997 Annual PM2.5 Design Values for the Metropolitan Washington, DC-MD-VA and Martinsburg-Hagerstown,
                                                  WV-MD Areas *
----------------------------------------------------------------------------------------------------------------
                                                                                                       Certified
                                                                                                        design
                                                                             2007     2008     2009   value 2007-
       State                    County                   Monitor ID         Annual   Annual   Annual     2009
                                                                             mean     mean     mean     ([mu]g/
                                                                                                         m\3\)
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                                        Metropolitan Washington, DC-VA-MD
----------------------------------------------------------------------------------------------------------------
DC                   District of Columbia........  110010041                  13.6     12.0     10.5        12.0
                     District of Columbia........  110010042                  13.7     12.3     10.1        12.1
                     District of Columbia........  110010043                  13.0     11.6     10.2        11.6
----------------------------------------------------------------------------------------------------------------
VA                   Alexandria..................  No monitor
                     Arlington...................  510130020                  13.8     12.0     10.1        11.9
                     Fairfax.....................  510590030                  12.5     11.1      9.8        11.1
                     Farifax County..............  510591005                  13.3     11.2      9.5        11.3
                     Fairfax.....................  510595001                  13.5     11.8      9.7        11.7
                     Falls Church................  No monitor
                     Loudon......................  511071005                  12.8     11.5      9.2        11.2
                     Manassas....................  No monitor
                     Manassas Park...............  No monitor
----------------------------------------------------------------------------------------------------------------
MD                   Charles.....................  No monitor
                     Frederick...................  No monitor
                     Montgomery..................  240313001                  11.7     10.8      9.4        10.7
                     Prince Georges..............  240330025                  14.1     12.4     10.7        12.4
                     Prince Georges..............  240330030                  11.8     10.9      8.7        10.5
                     Prince Georges..............  240338003                  12.4     11.2      8.8        10.8
----------------------------------------------------------------------------------------------------------------
                                          Martinsburg-Hagerstown, WV-MD
----------------------------------------------------------------------------------------------------------------
WV                   Berkley.....................  240430009                  12.9     11.8      9.7        11.5
MD                   Washington..................  540030003                  15.6     14.2     12.1        14.0
----------------------------------------------------------------------------------------------------------------
* The data presented in Table 1 are available at http://www.epa.gov/air/airtrends/values.html.

III. Final Action

    EPA is finalizing the determinations that the Metropolitan 
Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD 
nonattainment areas have attained the 1997 annual PM2.5 
standard by the applicable attainment date (April 5, 2010). These 
actions meet the requirement pursuant to section 179(c) of the CAA for 
EPA to make a determination as to whether the Areas attained the 
standard by the applicable attainment date of April 5, 2010.

[[Page 1413]]

    Finalizing these actions does not constitute a redesignation of the 
Areas to attainment of the 1997 annual PM2.5 NAAQS under 
section 107(d)(3) of the CAA. Further, finalizing these determinations 
does not involve approving maintenance plans for the Areas as required 
under section 175A of the CAA, nor does it find that the Areas have met 
all other requirements for redesignation. The designation status of the 
Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, WV-MD 
areas remains nonattainment for the 1997 annual PM2.5 NAAQS 
until such time as EPA determines that the Areas meet the CAA 
requirements for redesignation to attainment and EPA acts to 
redesignate the Metropolitan Washington, DC-MD-VA and the Martinsburg-
Hagerstown, WV-MD nonattainment areas.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action merely makes attainment determinations based on air 
quality data and does not impose any additional requirements. For that 
reason, this 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 (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);
     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; 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 rule 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.

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 12, 2012. 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 determinations of attainment for 
the Metropolitan Washington, DC-MD-VA and the Martinsburg-Hagerstown, 
WV-MD PM2.5 nonattainment areas 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: December 27, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    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 52.475 is added to read as follows:


Sec.  52.475  Determinations of attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Metropolitan Washington, 
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing 
to attain pursuant to section 179(d).

Subpart V--Maryland

0
2. Section 52.1082 is added to read as follows:


Sec.  52.1082  Determinations of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Metropolitan Washington, 
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing 
to attain pursuant to section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown, 
West Virginia-Maryland (WV-MD) fine particle (PM2.5)

[[Page 1414]]

nonattainment area attained the 1997 annual PM2.5 National 
Ambient Air Quality Standard (NAAQS) by the applicable attainment date 
of April 5, 2010. Therefore, EPA has met the requirement pursuant to 
CAA section 179(c) to determine, based on the area's air quality as of 
the attainment date, whether the area attained the standard. EPA also 
determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is 
not subject to the consequences of failing to attain pursuant to 
section 179(d).

Subpart VV--Virginia

0
4. Section 52.2430 is added to read as follows:


Sec.  52.2430  Determinations of attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Metropolitan Washington, 
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA PM2.5 nonattainment area is not subject to the 
consequences of failing to attain pursuant to section 179(d).

Subpart XX--West Virginia

0
5. Section 52.2527 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2527  Determination of attainment.

* * * * *
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown, 
West Virginia-Maryland (WV-MD) fine particle (PM2.5) 
nonattainment area attained the 1997 annual PM2.5 National 
Ambient Air Quality Standard (NAAQS) by the applicable attainment date 
of April 5, 2010. Therefore, EPA has met the requirement pursuant to 
CAA section 179(c) to determine, based on the area's air quality as of 
the attainment date, whether the area attained the standard. EPA also 
determined that the Martinsburg-Hagerstown, WV-MD PM2.5 
nonattainment area is not subject to the consequences of failing to 
attain pursuant to section 179(d).

[FR Doc. 2012-141 Filed 1-9-12; 8:45 am]
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