[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Proposed Rules]
[Pages 19011-19014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0369; FRL-9960-03-Region 3]


Determination of Attainment by the Attainment Date for the 2008 
Ozone Standard; District of Columbia, Maryland, and Virginia; 
Washington, DC-MD-VA Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Washington, DC-MD-VA marginal ozone nonattainment 
area (the Washington Area) has attained the 2008 ozone national ambient 
air quality standard (NAAQS) by the July 20, 2016 attainment date. This 
proposed determination is based on complete, certified, and quality 
assured ambient air quality monitoring data for the Washington Area for 
the 2013 through 2015 monitoring period. This proposed determination 
does not constitute a redesignation to attainment. This action is being 
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 25, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0369 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory Requirement--Determination of Attainment by the Attainment 
Date

    Section 181(b)(2) of the CAA requires EPA to determine, within 6 
months of an ozone nonattainment area's attainment date, whether that 
area attained the ozone standard by that date. Section 181(b)(2) of the 
CAA also requires that areas that have not attained the standard by 
their attainment deadlines be reclassified to either the next higher 
classification (e.g., marginal to moderate, moderate to serious, etc.) 
or to the classifications applicable to the areas' design values in 
Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism 
by which the EPA Administrator may grant a 1-year extension of an 
area's attainment deadline, provided that the relevant states meet 
certain criteria.

B. The Washington Area and Its Attainment Date

    On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone 
NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This 
standard was determined to be more protective of public health than the 
previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour 
ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR 
16436 (March 27, 2008). In a May 21, 2012 final rule, the Washington 
Area was designated as marginal nonattainment for the more stringent 
2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The 
Washington Area consists of the Counties of Calvert, Charles, 
Frederick, Montgomery, and Prince George's in Maryland; the Counties of 
Arlington, Fairfax, Loudoun, and Prince William and the Cities of 
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities 
in Virginia; and the entirety of the District of Columbia. See 40 CFR 
81.309, 81.321, and 81.347.
    In a separate rulemaking action, also published on May 21, 2012 and 
effective on July 20, 2012, EPA established the air quality thresholds 
that define the classifications assigned to all nonattainment areas for 
the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This 
rulemaking also established December 31 of each

[[Page 19012]]

relevant calendar year as the attainment date for all nonattainment 
area classification categories. Section 181 of the CAA provides that 
the attainment deadline for ozone nonattainment areas is ``as 
expeditiously as practicable'' but no later than the prescribed dates 
that are provided in Table 1 of that section. In the Classifications 
Rule, EPA translated the deadlines in Table 1 of CAA section 181 for 
purposes of the 2008 standard by measuring those deadlines from the 
effective date of the new designations, but extended those deadlines by 
several months to December 31 of the corresponding calendar year. 
Pursuant to a challenge of EPA's interpretation of the attainment 
deadlines, on December 23, 2014, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Circuit) issued a decision 
rejecting, among other things, the Classifications Rule's attainment 
deadlines for the 2008 ozone nonattainment areas, finding that EPA did 
not have statutory authority under the CAA to extend those deadlines to 
the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464- 69 (D.C. 
Cir. 2014). Accordingly, as part of the final rule, ``Implementation of 
the 2008 National Ambient Air Quality Standards for Ozone: State 
Implementation Plan (SIP) Requirements,'' for the 2008 ozone NAAQS (80 
FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), EPA 
modified the maximum attainment dates for all nonattainment areas for 
the 2008 ozone NAAQS, consistent with the D.C. Circuit's decision. The 
SIP Requirements Rule established a maximum deadline for marginal 
nonattainment areas of three years from the effective date of 
designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80 
FR at 12268; 40 CFR 51.1103.
    In a final rulemaking action published on May 4, 2016, EPA 
determined that the Washington Area did not attain the 2008 ozone NAAQS 
by its July 20, 2015 attainment date, based on ambient air quality 
monitoring data for the 2012-2014 monitoring period. In that same 
action, EPA determined that the Washington Area qualified for a 1-year 
extension of its attainment date, as provided in section 181(a)(5) of 
the CAA and interpreted by regulation at 40 CFR 51.1107. With that 
final rulemaking action, the new attainment date for the Washington 
Area is July 20, 2016. See 81 FR 26697 (May 4, 2016).

II. EPA's Analysis of the Relevant Air Quality Data

    Under EPA regulations, at 40 CFR part 50, appendix P, the 2008 
ozone NAAQS is attained at a monitoring site when the three-year 
average of the annual fourth-highest daily maximum 8-hour average 
ambient air quality ozone concentration is less than or equal to 0.075 
ppm. This three-year average is referred to as the design value. When 
the design value is less than or equal to 0.075 ppm at each ambient air 
quality monitoring site within the designated nonattainment area, then 
the area is deemed to be meeting the NAAQS. The rounding convention 
under 40 CFR part 50, appendix P dictates that concentrations shall be 
reported in ppm to the third decimal place, with additional digits to 
the right being truncated. Thus, a computed three-year average ozone 
concentration of 0.0759 ppm or lower would meet the standard, but 
0.0760 ppm or higher is over the standard.
    EPA's proposed determination of attainment is based upon data that 
has been collected and quality-assured in accordance with 40 CFR part 
58 and recorded in EPA's Air Quality System (AQS) database. Ambient air 
quality monitoring data for the three-year period must meet a data 
completeness requirement. The ambient air quality monitoring data 
completeness requirement is met when the three-year average of the 
percent (%) of required monitoring days with valid ambient monitoring 
data is greater than 90%, and no single year has less than 75% data 
completeness, as determined according to 40 CFR part 50, appendix P. 
Tables 1 and 2 show the data completeness and ozone design values, 
respectively, for each monitor in the Washington Area for the years 
2013-2015.

                                           Table 1--2013-2015 Washington Area Ozone Monitor Data Completeness
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                                                                      % Data  completeness                  2013-2015
             County, state                   Site ID    ------------------------------------------------    Average %                Comment
                                                              2013            2014            2015        completeness
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District of Columbia...................       110010041              99               0               0              33  Construction caused temporary
                                                                                                                          site shut down in 2014. \a\
                                              110010043              99              99              99              99
                                              110010050          \d\ 78             100              99          \d\ 92  The site began operating in
                                                                                                                          January 2013. It was shut down
                                                                                                                          from July to November 2013 due
                                                                                                                          to building repairs. \b\
Calvert, MD............................       240090011              99             100              96              98  ...............................
Charles, MD............................       240170010              90              97              98              95  ...............................
Frederick, MD..........................       240210037              97              96              97              96  ...............................
Montgomery, MD.........................       240313001              98              99              99              99
Prince George's, MD....................       240330030             100              99              95              98
                                              240338003             100              98              99              99
                                              240339991          \e\ 99         \e\ 100         \e\ 100          \e\ 99  Clean Air Status and Trends
                                                                                                                          Network (CASTNET) monitor. \c\
Arlington, VA..........................       510130020              94             100              99              98
Fairfax, VA............................       510590030              99              91              97              96
Loudoun, VA............................       511071005             100              99              93              97
Prince William, VA.....................       511530009             100             100              99             100
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Notes:
\a\ The temporary shutdown was included in the District of Columbia Department of Energy & Environment (DC DOEE) July 2015 Annual Network Plan, which
  was submitted to EPA on June 25, 2015 and approved by EPA on November 12, 2015.
\b\ The temporary shutdown was not included in the DC DOEE's Annual Network Plan.
\c\ EPA's Clean Air Markets Division (CAMD) operates this CASTNET monitor.

[[Page 19013]]

 
\d\ Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the analysis
  conducted by DC DOEE and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03-
  OAR-2016-0369.
\e\ Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis conducted by
  CAMD and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03-OAR-2016-0369.

    As shown in Table 1, several monitoring sites did not meet the 
completeness criteria set out in 40 CFR part 50, appendix P. For 
monitor 110010041 in the District of Columbia, the reason for the 
completeness issue was a monitor shutdown, approved into DC DOEE's 
annual network monitoring plan. Because three years of complete data is 
not possible at this monitoring site, EPA does not look for valid 
design values there in determining attainment with the NAAQS.
    For monitor 110010050 in the District of Columbia, the temporary 
shutdown due to construction was not approved into the associated 
monitoring plan. For EPA's monitor 240339991 in Prince George's County, 
Maryland, there were malfunctions that led to completeness issues. In 
order to obtain a valid design value for these monitors, DC DOEE and 
EPA's CAMD conducted completeness demonstrations of ``missing days 
assumed less than the standard'' to show that had the monitors been 
operational on days for which data is missing, the ozone levels 
recorded would have been below the standard. DC DOEE and EPA performed 
an analysis of the meteorological data and a regression analysis in 
order to meet the data completeness requirements for these monitors. 
EPA also conducted for these two monitors a substitution analysis as a 
check on the validity of the meteorological analysis and regression 
analysis. Using these methods, EPA was able to ``add'' enough ozone 
season days to the two monitors to meet the data completeness 
requirements of 40 CFR part 50, appendix P. The details of these 
analyses and EPA's approval letters for both data substitution analyses 
are available online at https://www.regulations.gov, Docket number EPA-
R03-OAR-2016-0369.
    Consistent with the requirements contained in 40 CFR part 50, 
appendix P, EPA has reviewed the ozone ambient air quality monitoring 
data for the monitoring period from 2013 through 2015 for the 
Washington Area, as recorded in the AQS database. As shown in Table 2, 
all valid 2013-2015 design values are less than or equal to 0.075 ppm. 
Therefore, EPA concludes that the Washington Area has attained the 2008 
ozone NAAQS, considering 2013-2015 data.

                           Table 2--2013-2015 Washington Area 2008 Ozone Design Values
                                                      [PPM]
----------------------------------------------------------------------------------------------------------------
                                                           4th Highest  daily max  value
          County, state               Site ID    ------------------------------------------------    2013-2015
                                                       2013            2014            2015       design  values
----------------------------------------------------------------------------------------------------------------
District of Columbia............       110010041           0.062         0.047 *
                                       110010043           0.066           0.068           0.072           0.068
                                       110010050           0.066           0.069           0.072           0.069
Calvert, MD.....................       240090011           0.067           0.070           0.067           0.068
Charles, MD.....................       240170010           0.064           0.067           0.068           0.066
Frederick, MD...................       240210037           0.069           0.063           0.070           0.067
Montgomery, MD..................       240313001           0.069           0.064           0.072           0.068
Prince George's MD..............       240330030           0.068           0.065           0.072           0.068
                                       240338003           0.069           0.069           0.069           0.069
                                       240339991           0.072           0.069           0.067           0.069
Arlington, VA...................       510130020           0.067           0.071           0.073           0.070
Fairfax, VA.....................       510590030           0.067           0.065           0.072           0.068
Loudoun, VA.....................       511071005           0.066           0.063           0.071           0.066
Prince William, VA..............       511530009           0.066           0.062           0.067           0.065
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Notes: Only valid design values for monitors meeting the completeness criteria are shown.
* Annual value does not meet completeness criteria.

III. Proposed Action

    EPA evaluated ozone data from air quality monitors in the 
Washington Area in order to determine the Washington Area's attainment 
status under the 2008 ozone NAAQS. Federal, state, and local agencies 
responsible for ozone air monitoring networks supplied and quality 
assured the data. All the monitoring sites with valid data had design 
values equal to or less than 0.075 ppm based on the 2013 through 2015 
monitoring period. Considering that review, EPA has concluded that the 
Washington Area attained the 2008 ozone NAAQS based on complete, 
quality assured and certified data for the 2013 through 2015 ozone 
seasons. Thus, EPA proposes to determine in accordance with its 
statutory obligations under section 181(b)(2)(A) of the CAA that the 
Washington Area attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2016. EPA's proposed determination is in 
accordance with applicable regulatory requirements under 81 FR 26697 
(with respect to issuance of the 1-year extension of the attainment 
date for the Washington Area) and with the related provisions of the 
SIP Requirements Rule (40 CFR 51.1103).
    This proposed determination of attainment does not constitute a 
redesignation to attainment. Redesignations require states to meet a 
number of additional criteria, including EPA approval of a state plan 
to maintain the air quality standard for 10 years after redesignation. 
EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

[[Page 19014]]

IV. Statutory and Executive Order Reviews

    This rulemaking action proposes to make a determination of 
attainment on the 2008 ozone NAAQS based on air quality and, if 
finalized, would not impose additional requirements. For that reason, 
this proposed determination of attainment:
     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).
    This SIP, proposing to determine that the Washington Area attained 
the 2008 ozone NAAQS by its July 20, 2016 attainment date, is not 
approved to apply on any Indian reservation land as defined in 18 
U.S.C. 1151 or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: February 22, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-08356 Filed 4-24-17; 8:45 am]
 BILLING CODE 6560-50-P