[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Rules and Regulations]
[Pages 14730-14736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05913]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0987; FRL-10551-02-R3]
Air Plan Approval; District of Columbia, Maryland, Virginia;
Determination of Attainment by the Attainment Date and Clean Data
Determination for the Washington, DC-MD-VA Nonattainment Area for the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
multiple actions related to the Washington, DC-MD-VA nonattainment area
(the Washington Area or the Area) for the 2015 8-hour ozone national
ambient air quality standards (2015 ozone NAAQS). First, the EPA is
determining that the Washington Area attained the 2015 ozone NAAQS by
the applicable attainment date of August 3, 2024. Second, the EPA is
determining that the Washington Area has clean data under the EPA's
Clean Data Policy. Lastly, the EPA is taking final action on an
exceptional events request submitted by the District of Columbia (DC)
on March 20, 2024, and concurred on by the EPA on July 17, 2024. This
action addresses the EPA's obligation under Clean Air Act (CAA)
sections 179(c) and 181(b)(2) to determine whether the Washington Area
attained the 2015 ozone NAAQS by the August 3, 2024 attainment date
and, as set forth in the EPA's Clean Data Policy, will suspend the
obligation of DC, the State of Maryland (MD), and the Commonwealth of
Virginia (VA) to submit certain attainment planning requirements for as
long as the Washington Area continues to attain the 2015 ozone NAAQS.
This action is being taken under the CAA.
DATES: This final rule is effective on May 5, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2022-0987. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., 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 through www.regulations.gov, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ian Neiswinter, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2011. Mr. Neiswinter can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: This attainment determination and clean data
determination (CDD) are based upon quality-assured, quality-controlled,
and certified ambient air monitoring data from 2021 to 2023 available
in the EPA's Air Quality System (AQS) database. Neither this attainment
determination nor CDD redesignates the Washington Area to attainment
for the 2015 ozone NAAQS. The Washington Area remains designated
nonattainment until such time as DC, MD, and VA submit a request for
redesignation pursuant to section 107(d)(3) of the CAA and the EPA
determines that the area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the Washington Area.
I. Background
On October 26, 2015 (80 FR 65292), the EPA promulgated a revised
primary and secondary ozone NAAQS to provide requisite increased
protection of public health and welfare, respectively. In that action,
the EPA strengthened both standards from 0.075 parts per million (ppm)
to 0.070 ppm and retained the indicator (ozone), averaging time (8-
hour), and form (annual fourth-highest daily maximum, averaged over
three years) of the existing standards. Effective August 3, 2018 (83 FR
25776, June 4, 2018), the EPA designated 52 areas throughout the
country as nonattainment for the 2015 ozone NAAQS, including the
Washington Area,\1\ which was classified as a Marginal nonattainment
area. This designation was based on quality-assured, quality-
controlled, and
[[Page 14731]]
certified ambient air monitoring data from calendar years 2014 to 2016.
The EPA established the attainment date for Marginal 2015 ozone NAAQS
nonattainment areas as 3 years from the effective date of the final
designations, meaning the Washington Area had an attainment date of
August 3, 2021.\2\
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\1\ The Washington Area consists of the following counties/
cities: Calvert County, Charles County, Frederick County, Montgomery
County, and Prince George's County in Maryland; Alexandria city,
Arlington County, Fairfax County, Fairfax city, Falls Church city,
Loudoun County, Manassas Park city, Manassas city, Prince William
County in Virginia; and all of the District of Columbia. See 40 Code
of Federal Regulations (CFR) 81.309, 81.321, and 81.347.
\2\ See 83 FR 10376 (March 9, 2018) and 40 CFR 51.1303(a).
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Effective November 7, 2022 (87 FR 60897), the EPA determined that
22 Marginal areas or portions of areas failed to attain the standard by
the applicable Marginal attainment date, including the Washington Area.
In that action, the EPA reclassified the Washington Area as Moderate
nonattainment for the 2015 ozone NAAQS because it failed to attain the
standard by the attainment date of August 3, 2021. That designation was
based on quality-assured, quality-controlled, and certified ambient air
monitoring data from calendar years 2018 to 2020. In that same action,
the EPA established the Moderate attainment date as August 3, 2024.\3\
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\3\ See 87 FR 60897 (November 7, 2022).
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On February 1, 2023 (88 FR 6688), the EPA proposed a CDD for the
Washington Area (2023 CDD Proposal) based on quality-assured, quality-
controlled, and certified ambient air monitoring data from 2019 to 2021
showing the Area attained the 2015 ozone NAAQS. The EPA did not
finalize that action due to a monitored violation of the 2015 ozone
NAAQS prior to final approval.\4\ On March 20, 2024, the Department of
Energy and Environment (DOEE), on behalf of DC, submitted an
exceptional events demonstration to show that the ozone concentration
recorded at the McMillan monitor (AQS Site ID #110010043) on June 29,
2023, which resulted in a violation preventing the EPA from finalizing
the 2023 CDD proposal, was influenced by wildfires. The EPA concurred
on this request on July 17, 2024.
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\4\ The EPA initially noted this violation based on preliminary
data, which was later certified.
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On November 15, 2024 (89 FR 90249), the EPA published a notice of
proposed rulemaking (2024 NPRM), which proposed to determine that the
Washington Area attained the 2015 ozone NAAQS by its August 3, 2024
attainment date. The EPA explained that, if finalized, this action
would fulfill the EPA's statutory obligation under CAA sections 179(c)
and 181(b)(2) to determine whether the Washington Area attained the
2015 ozone NAAQS by the attainment date.
As provided under the EPA's Clean Data Policy and 40 CFR 51.1318,
the EPA also re-proposed a CDD in the 2024 NPRM. The EPA noted that, if
this CDD is finalized, the requirements for the Washington Area to
submit an attainment demonstration, associated reasonably available
control measures (RACM), reasonable further progress (RFP) plan,
contingency measures, and any other state implementation plan (SIP)
revisions related to the attainment of the 2015 ozone NAAQS, would be
suspended for so long as the Washington Area continues to meet the 2015
ozone NAAQS. The EPA also explained that neither the attainment
determination nor CDD constitutes a redesignation to attainment, and
that the Washington Area will remain designated nonattainment for the
2015 ozone NAAQS until such time as DC, MD, and VA submit a request for
redesignation pursuant to section 107(d)(3) of the CAA and the EPA
determines that the Washington Area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.
Lastly, the EPA proposed to take final action on the exceptional
events request submitted by DC on March 20, 2024, and concurred on by
the EPA on July 17, 2024. The attainment determination and CDD are
based upon the EPA's concurrence on the exceptional events
demonstration, which removed from the design value (DV) calculation
those event-influenced data recorded at the McMillan monitor (AQS Site
ID #110010043) on June 29, 2023.
II. The EPA's Evaluation
The EPA has reviewed the complete, quality-assured, quality-
controlled, and certified air quality monitoring data for the
monitoring period 2021 to 2023 for the Washington Area. The DVs for
each monitor within the Washington Area are less than or equal to 0.070
ppm, which is the 2015 ozone NAAQS level. All monitors, with the
exception of one circumstance described in the 2024 NPRM,\5\ meet the
data completeness requirements (see Tables 1 through 3 in this
preamble).\6\ Based on this 2021 to 2023 data from the EPA's AQS
database and consistent with the requirements contained in 40 CFR part
50, the EPA has concluded that the Washington Area attained the 2015
ozone NAAQS by the August 3, 2024 attainment date and has clean data
for the 2015 ozone NAAQS.
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\5\ The Takoma Recreation Center monitor (AQS Site ID
#110010050) has incomplete data for data years 2022 and 2023 due to
building repairs and a burglary incident, respectively. Further
details and explanation are included in the 2024 NPRM and will not
be restated here.
\6\ Under the EPA regulations at 40 CFR part 50, the 2015 ozone
NAAQS is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.070 ppm. See 40 CFR
50.19(b) and 40 CFR part 50, appendix U. This 3-year average is
referred to as the design value (DV). When calculating the DV,
digits to the right of the third decimal place are truncated. See 40
CFR 51.1300(b), which refers to 40 CFR part 50, appendix U. When the
DV is less than or equal to 0.070 ppm at each monitor within the
area, then the area is attaining the NAAQS. The data completeness
requirement is met when the average percent of days with valid
ambient monitoring data is greater than or equal to 90 percent (%),
and no single year has less than 75% data completeness as determined
in appendix U of 40 CFR part 50. The data must be collected and
quality-assured in accordance with 40 CFR part 58, and recorded in
the EPA's AQS database.
Table 1--Completeness Data Percentage (%) From 2019 to 2023 for the Washington Area
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2019-2021 2020-2022 2021-2023
Location AQS site ID 2019 2020 2021 average 2022 average 2023 average
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District of Columbia............. 110010041 100 98 98 99 95 97 98 97
District of Columbia............. 110010043 98 99 99 99 98 99 96 98
District of Columbia............. 110010050 100 97 99 99 * 29 * 75 * 23 * 50
Calvert, MD...................... 240090011 93 96 90 93 97 94 96 94
Charles, MD...................... 240170010 90 96 98 95 100 98 98 99
Frederick, MD.................... 240210037 99 94 98 97 96 96 94 96
Montgomery, MD................... 240313001 96 97 98 97 98 98 99 98
Prince George's, MD.............. 240330030 96 97 95 96 89 94 96 93
Prince George's, MD.............. 240338003 95 95 98 96 97 97 97 97
Prince George's, MD.............. 240339991 93 92 96 94 92 93 93 94
Arlington, VA.................... 510130020 99 99 100 99 99 99 99 99
Fairfax, VA...................... 510590030 98 98 99 98 98 98 98 98
Loudoun, VA...................... 511071005 90 99 100 96 100 100 97 99
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Prince William, VA............... 511530009 100 99 96 98 100 98 100 99
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* These data are below the data completeness requirement in 40 CFR part 50, appendix U. See footnote 5 in this preamble for further information.
Table 2--Fourth-Highest 8-Hour Ozone Average Concentrations (ppm) in the Washington Area in Each Year From 2019 to 2023
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Location AQS Site ID 2019 2020 2021 2022 2023
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District of Columbia.................................... 110010041 0.062 0.054 0.064 0.059 0.058
District of Columbia.................................... 110010043 0.071 0.063 0.072 0.066 * 0.072
District of Columbia.................................... 110010050 0.067 0.063 0.069 ** 0.051 ** 0.046
Calvert, MD............................................. 240090011 0.058 0.054 0.062 0.058 0.066
Charles, MD............................................. 240170010 0.061 0.052 0.066 0.061 0.069
Frederick, MD........................................... 240210037 0.065 0.063 0.067 0.061 0.074
Montgomery, MD.......................................... 240313001 0.062 0.059 0.068 0.063 0.068
Prince George's, MD..................................... 240330030 0.071 0.064 0.066 0.061 0.070
Prince George's, MD..................................... 240338003 0.065 0.060 0.070 0.064 0.073
Prince George's, MD..................................... 240339991 0.075 0.065 0.071 0.065 0.072
Arlington, VA........................................... 510130020 0.068 0.062 0.070 0.061 0.071
Fairfax, VA............................................. 510590030 0.070 0.057 0.068 0.062 0.073
Loudoun, VA............................................. 511071005 0.060 0.060 0.066 0.061 0.067
Prince William, VA...................................... 511530009 0.060 0.057 0.062 0.058 0.070
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* Based on the EPA's concurrence of the March 20, 2024 exceptional events demonstration, this data excludes the exceptional event-influenced monitoring
data on June 29, 2023.
** These data do not meet the 75% annual data completeness requirement in appendix U to 40 CFR part 50. See footnote 5 in this preamble for further
information.
Table 3--Ozone Design Values (ppm) for the Washington Area
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Location AQS site ID 2019-2021 2020-2022 2021-2023
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District of Columbia............................ 110010041 0.060 0.059 0.060
District of Columbia............................ 110010043 0.068 0.067 * 0.070
District of Columbia............................ 110010050 0.066 ** 0.061 ** 0.055
Calvert, MD..................................... 240090011 0.058 0.058 0.062
Charles, MD..................................... 240170010 0.059 0.059 0.065
Frederick, MD................................... 240210037 0.065 0.063 0.067
Montgomery, MD.................................. 240313001 0.063 0.063 0.066
Prince George's, MD............................. 240330030 0.067 0.063 0.065
Prince George's, MD............................. 240338003 0.065 0.064 0.069
Prince George's, MD............................. 240339991 0.070 0.067 0.069
Arlington, VA................................... 510130020 0.066 0.064 0.067
Fairfax, VA..................................... 510590030 0.065 0.062 0.067
Loudoun, VA..................................... 511071005 0.062 0.062 0.064
Prince William, VA.............................. 511530009 0.059 0.059 0.063
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* Based on the EPA's concurrence of the March 20, 2024 exceptional events demonstration, this design value
excludes the exceptional event-influenced monitoring data on June 29, 2023.
** These design values do not meet the 90% 3-year average data completeness requirement in appendix U to 40 CFR
part 50. See footnote 5 in this preamble for further information.
The data in Tables 1 through 3 of this document are available in
the EPA's AQS database. The AQS report with this data is available in
the docket of this rule under docket number EPA-RO3-OAR-2022-0987.
Other specific requirements of the determination and the rationale for
the EPA's actions, including the EPA's concurrence on the exceptional
events demonstration, were explained in the 2024 NPRM, and will not be
restated here. Public comments were received on the 2024 NPRM (89 FR
90249, November 15, 2024) and the 2023 CDD Proposal (88 FR 6688,
February 1, 2023). Summaries of the comments received on the 2024 NPRM
and 2023 CDD Proposal, as well as the EPA's responses, are in section
III inf this preamble.
III. The EPA's Response to Comments Received
The EPA's November 15, 2024 NPRM (89 FR 90249) opened a thirty-day
public comment period, which closed on December 16, 2024. The EPA
received comments from three individual commenters. The EPA is also
addressing in this final rule the four comments received on the 2023
CDD Proposal (88 FR 6688, February 1, 2023), which had a thirty-day
public comment period that closed on March 3, 2023. All comments
received have been placed in the docket for this action.
The EPA received four comments that are not relevant to this
action. In response to the 2023 CDD proposal, one comment addresses the
current NAAQS for fine particulate matter (PM2.5) and one is
vague and generally supportive of clean air and water. In response to
the 2024 NPRM, one comment addresses a rule proposed by the United
States Postal Service. Also, in response to the 2024 NPRM, the EPA
received a comment expressing concern regarding
[[Page 14733]]
ongoing issues of air pollution in the Washington Area, including an
increasing frequency of forest fires and the effect on air quality and
public health. The EPA acknowledges the serious concerns referenced by
the commenter, but the comment provides no further explanation or
context as to the relevancy to this action. None of these comments
provide further explanation or context as to their relevancy to this
action. Therefore, the EPA is not responding to these four public
comments, as they are not adverse to this action.
This action is confined to the EPA's determination that DC's
exceptional events demonstration sufficiently showed that the ozone
exceedance recorded at the McMillan monitor (AQS Site ID #110010043) on
June 29, 2023, was caused by Canadian wildfires, and that after
removing the event-influenced data from the DV, the area met the 2015
ozone NAAQS such that it attained by the attainment date as specified
by sections 179(c) and 181(b)(2) and has clean data pursuant to Agency
policy.
A summary of the relevant comments and the EPA's responses thereto
are listed below.
Comment 1: In response to the 2023 CDD Proposal, the commenter
expressed concern about the validity of the data collected for the CDD
because the period of data examined (2019-2021) includes the COVID-19
pandemic which, the commenter contends, caused a drastic reduction in
commuter traffic in the Washington Area and misrepresents the actual
air pollution in the area moving forward.
Response 1: The EPA disagrees with the commenter's concern about
the validity of the data collected and evaluated in the 2023 CDD
Proposal. The EPA's determination of attainment with the 2015 ozone
NAAQS is based entirely on monitoring data and on our evaluation of
that data's compliance with 40 CFR part 50, appendix U. Therefore,
reduction in commuter traffic due to the COVID-19 pandemic, which, the
commenter suggests, will misrepresent the actual air pollution in the
area moving forward, is irrelevant in determining whether an area is
attaining a NAAQS. Under the EPA regulations at 40 CFR part 50, the
2015 ozone NAAQS is attained when the 3-year average of the annual
fourth highest daily maximum 8-hour average ambient air quality ozone
concentration does not exceed 0.070 ppm at each monitor site within the
nonattainment area. See 40 CFR part 50, appendix U. This 3-year average
is the DV. When the DV is less than or equal to 0.070 ppm at each
monitor within the area, then the area is attaining the NAAQS. As noted
in the 2023 CDD Proposal, the EPA's analysis of monitoring data in the
Washington Area for data years 2019 through 2021 supported the
determination that the Washington Area attained the 2015 ozone NAAQS.
As highlighted in the 2024 NPRM and in the tables above, additional
data in 2022 and 2023 continues to support this determination.
Additionally, preliminary 2024 ozone data indicate that the Washington
Area continues to attain the 2015 ozone NAAQS during the 2022-2024
monitoring period.\7\ As explained in the 2024 NPRM and in section II
in this preamble, the data completeness requirements for evaluating
monitoring data were met, with the aforementioned exception in the 2024
NPRM.
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\7\ Preliminary 2024 ozone data for the Washington Area can be
viewed at: www.epa.gov/outdoor-air-quality-data/ozone-watch.
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Regarding the commenter's concern that the COVID-19 pandemic had a
drastic reduction in commuter traffic and misrepresents the actual air
pollution moving forward, unlike the CAA's redesignation requirement in
CAA section 107(d)(3)(E)(iii) that an area's attainment air quality is
due to permanent and enforceable measures, the EPA's Clean Data Policy
does not require an analogous demonstration. See 40 CFR 51.1318. It is
for this reason that the EPA's CDD merely suspends the requirements for
an area to submit an attainment demonstration, associated RACM, RFP
plans, contingency measures for failure to attain or make reasonable
progress, and other planning SIPs related to attainment of the 2015
ozone NAAQS, for as long as the area continues to attain the 2015 ozone
NAAQS, in accordance with provisions set forth at 40 CFR 51.1318.
Following enactment of the CAA Amendments of 1990, the EPA
promulgated its interpretation of the requirements for implementing the
NAAQS in the general preamble for the implementation of Title I of the
CAA Amendments of 1990 (General Preamble). See 57 FR 13498, 13564
(April 16, 1992). In 1995, based on the interpretation of CAA sections
171, 172, and 182 in the General Preamble, the EPA set forth what has
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS.
See Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard, EPA memorandum from John S. Seitz,
Director, Office of Air Quality Planning Standards, May 10, 1995 (Seitz
Memorandum). The Seitz Memorandum provided that requirements to submit
SIP revisions addressing RFP, an attainment demonstration, and other
related requirements such as contingency measures and other specific
ozone-related requirements in section 182 would be suspended for as
long as the nonattainment area continued to monitor attainment of the
NAAQS. The approach set forth in the memorandum was subsequently
codified for the 1997, 2008, and 2015 ozone NAAQS. See 40 CFR 51.918,
51.1118, and 51.1318, respectively. The EPA's longstanding Clean Data
Policy has been upheld by the Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) and all other courts that have
considered it. The D.C. Circuit upheld the EPA's rule embodying the
Clean Data Policy for the 1997 8-hour ozone standard in NRDC v. EPA,
571 F.3d 1245 (D.C. Cir. 2009). Other courts have reviewed and
considered rulemakings applying the EPA's Clean Data Policy and have
consistently upheld them. See e.g., Sierra Club v. EPA, 99 F.3d 1551
(10th Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004);
Our Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005 (Memorandum Opinion)), Latino Issues Forum v. EPA, Nos. 06-75831
and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)).
In sum, the EPA reviewed the complete, quality-assured, quality-
controlled, and certified ozone ambient air monitoring data for the
2019-2021 monitoring period in the Washington Area as detailed in the
2023 CDD Proposal and included in section II in this preamble.
Additionally, the EPA reviewed the complete, quality-assured, quality-
controlled, and certified ozone ambient air monitoring data for the
2019-2021, 2020-2022, and 2021-2023 monitoring periods in the
Washington Area as detailed in the 2024 NPRM and included in section II
in this preamble. The DVs for each monitor for the years 2019-2021,
2020-2022, and 2021-2023 are less than or equal to 0.070 ppm, and all
monitors meet the data completeness requirements, with the exception of
the one circumstance described in the 2024 NPRM.\8\ The Washington Area
has attained the 2015 ozone NAAQS, and did so by the August 3, 2024
attainment date, in accordance with 40 CFR part 50, appendix U,
requirements and 40 CFR 51.1318. Thus, the EPA's determination is in
accordance with CAA requirements. Again, the EPA's CDD
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merely suspends the requirements for the Area to submit certain
planning SIPs related to attainment of the 2015 ozone NAAQS, for as
long as the Area continues to attain the 2015 ozone NAAQS. If the Area
violates the NAAQS in the future, these requirements would no longer be
suspended and would be due immediately upon the EPA's determination
that a violation occurred.
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\8\ See Tables 1 through 3 in this preamble. See footnote 5 in
this preamble and the 2024 NPRM regarding the Takoma Recreation
Center monitor (AQS Site ID #110010050).
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Comment 2: The Virginia Department of Environmental Quality (DEQ)
commented on the 2023 CDD Proposal that the EPA should remove the
Stafford County (AQS Site ID #511790001) and Fauquier County (AQS Site
ID #510610002) ozone monitoring sites from the data tables in the 2023
CDD Proposal because these monitoring sites are outside of the
Washington Area, or clearly label these monitors as outside of the
Area.
Response 2: The EPA thanks Virginia DEQ for their comment and
agrees that the Stafford County and Fauquier County ozone monitoring
sites are outside of the Washington Area and should not be included in
the Area's determination of attainment for the 2015 ozone NAAQS or CDD.
As such, the EPA did not include the Stafford County and Fauquier
County ozone monitoring sites, as explained in the 2024 NPRM, when
determining that the Washington Area has clean data for the 2015 ozone
NAAQS and attained the 2015 ozone NAAQS by the applicable attainment
date of August 3, 2024.
Comment 3: One commenter on the 2024 NPRM agrees that the
Washington Area has attained the 2015 ozone NAAQS but is apprehensive
in supporting the Clean Data Policy procedures because the commenter
contends that the present data reveals patterns of increasing ozone
that may continue. Additionally, the commenter ``believe[s] that the
EPA is making a mistake in not considering environmental justice in
this ruling,'' and argues that the Area may experience further
increases in ozone emissions due to the suspension of certain
attainment plan requirements under the Clean Data Policy.
Response 3: As explained in response to Comment 1, the EPA reviewed
the complete, quality-assured, quality-controlled, and certified ozone
ambient air monitoring data for the 2019-2021, 2020-2022, and 2021-2023
monitoring periods in the Washington Area as detailed in the 2024 NPRM
and included in section II in this preamble. As noted above,
preliminary 2024 ozone data indicate that the Washington Area continues
to attain the 2015 ozone NAAQS during the 2022-2024 monitoring
period.\9\ In accordance with the EPA's regulations and longstanding
policy for such determinations and the intent of the CAA, the
Washington Area attained and continues to attain the 2015 ozone NAAQS.
Unlike the CAA's redesignation requirement in CAA section
107(d)(3)(E)(iii) that an area's attainment air quality is due to
permanent and enforceable measures, the EPA's Clean Data Policy does
not require an analogous demonstration. See 40 CFR 51.1318. It is for
this reason that the EPA's CDD merely suspends the requirements for an
area to submit an attainment demonstration, associated RACM, RFP plans,
contingency measures for failure to attain or make reasonable progress,
and other planning SIPs related to attainment of the 2015 ozone NAAQS,
for as long as the area continues to attain the 2015 ozone NAAQS, in
accordance with provisions set forth at 40 CFR 51.1318.
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\9\ Preliminary 2024 ozone data for the Washington Area can be
viewed at: www.epa.gov/outdoor-air-quality-data/ozone-watch.
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Notably, this action fulfills the EPA's statutorily mandated
obligation under CAA sections 179(c)(1) and 181(b)(2)(A), and
implements longstanding agency policy based on the air quality
measurements for ground level ozone in the Area. Due to the
implementation of pollution reduction programs, such air quality
measurements have improved significantly over time to meet health-based
air quality standards. Furthermore, this action is consistent with
Executive Order 14173 of January 21, 2025 (Ending Illegal
Discrimination and Restoring Merit-Based Opportunity), and Executive
Order 14148 of January 20, 2025 (Initial Rescissions of Harmful
Executive Orders and Actions). If the Area falls back into
nonattainment, those suspended attainment planning SIPs become
immediately due upon a determination by the EPA that the Area is no
longer attaining the NAAQS. Moreover, DC, MD, and VA may still submit
SIPs in anticipation of this event, and the EPA will be required to act
on those SIPs in accordance with CAA section 110(k)(2) and (3). The
Clean Data Policy embodies the EPA's longstanding interpretation that
certain planning requirements in the CAA no longer have meaning for
areas that are attaining the standard because the purpose of these
provisions is to help a nonattainment area reach attainment, a goal
which will already have been achieved.
As explained in response to Comment 1, the EPA promulgated its
interpretation of the requirements for implementing the NAAQS in the
General Preamble. In 1995, the EPA set forth what has become known as
its ``Clean Data Policy'' for the 1-hour ozone NAAQS. See Seitz
Memorandum. The approach set forth in the memorandum was subsequently
codified for the 1997, 2008, and 2015 ozone NAAQS. See 40 CFR 51.918,
51.1118, and 51.1318, respectively. The EPA's longstanding Clean Data
Policy has been upheld by the Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) and all other courts that have
considered it.
The EPA acts to protect the public health in accordance with the
CAA and its mandates. The EPA's determination of attainment and CDD for
the Washington Area is in accordance with our regulations and
longstanding policy and is based on monitored ozone data demonstrating
attainment of the 2015 ozone NAAQS, which the EPA set at a level to
protect the public health. Thus, the EPA's action is in accordance with
the CAA, its implementing regulations, and agency policy.
IV. Final Action
For the reasons discussed in detail in the 2024 NPRM and summarized
herein, the EPA is taking final action under CAA sections 179(c) and
181(b)(2) to determine that the Washington Area attained the 2015 ozone
NAAQS by its August 3, 2024 attainment date. This action fulfills the
EPA's statutory obligation under CAA sections 179(c) and 181(b)(2) to
determine whether the Washington Area attained the 2015 ozone NAAQS by
the attainment date. Additionally, the EPA is taking final action on an
exceptional events request submitted by DC on March 20, 2024, and
concurred on by the EPA on July 17, 2024.\10\ As provided in 40 CFR
51.5138, the EPA is also finalizing the CDD for the Washington Area,
and consequently, the requirements for the Washington Area to submit an
attainment demonstration, associated RACM, RFP plan, contingency
measures, and any other SIP revisions related to the attainment of the
2015 ozone NAAQS, will be suspended for so long as the Washington Area
continues to attain the 2015 ozone NAAQS.
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\10\ Further details on DOEE's analyses and the EPA's
concurrence, including the exceptional events initial notification,
exceptional events demonstration, and the EPA's response to the
initial notification can be found in the docket for this regulatory
action.
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This action does not constitute a redesignation of the Washington
Area to attainment of the 2015 ozone NAAQS under CAA section 107(d)(3).
This action also does not involve approving
[[Page 14735]]
any maintenance plan for the Washington Area and does not determine
that the Washington Area has met all the requirements for redesignation
under the CAA, including that the attainment be due to permanent and
enforceable measures. Therefore, the designation status of the
Washington Area will remain nonattainment for the 2015 ozone NAAQS
until such time as DC, MD, and VA submit a request for redesignation
pursuant to section 107(d)(3) of the CAA and the EPA determines that
the Washington Area meets the CAA requirements for redesignation to
attainment and takes action to redesignate the Washington Area.
V. Statutory and Executive Order Reviews
This final rule constitutes a determination that the Washington
Area has clean data for the 2015 ozone NAAQS and attained the 2015
ozone NAAQS by its attainment date based on air quality monitoring data
and does not impose additional requirements. For that reason, this
determination:
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); and
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.
In addition, this action for the Washington Area does not have
Tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the Washington Area, and the EPA notes that
it will not impose substantial direct costs on Tribal governments or
preempt Tribal law.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 3, 2025. 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 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, Ozone, Reporting and recordkeeping requirements.
Catherine A. Libertz,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. Amend Sec. 52.475 by adding paragraph (d) to read as follows:
Sec. 52.475 Determinations of attainment.
* * * * *
(d) Based upon EPA's review of the ambient air quality data for the
3-year period 2021 to 2023, the Washington, DC-MD-VA moderate
nonattainment area for the 2015 8-hour ozone national ambient air
quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS
by the applicable attainment date of August 3, 2024. Therefore, EPA has
met the requirement pursuant to Clean Air Act section 181(b)(2)(A) 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
Washington, DC-MD-VA moderate nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
0
3. Amend Sec. 52.476 by adding paragraph (l) to read as follows:
Sec. 52.476 Control strategy: ozone.
* * * * *
(l) EPA has determined, as of April 4, 2025, that based on 2021 to
2023 ambient air quality data, the Washington, DC-MD-VA moderate
nonattainment area for the 2015 8-hour ozone national ambient air
quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS.
This determination, in accordance with 40 CFR 51.5138, suspends the
requirements for this area to submit an attainment demonstration,
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 this area continues to meet
the 2015 ozone NAAQS.
Subpart V--Maryland
0
4. Amend Sec. 52.1076 by adding paragraph (ii) to read as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(ii) EPA has determined, as of April 4, 2025, that based on 2021 to
2023 ambient air quality data, the Washington, DC-MD-VA moderate
nonattainment area for the 2015 8-hour ozone national ambient air
quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS.
This determination, in accordance with 40 CFR 51.5138, suspends the
requirements for this area to submit an attainment demonstration,
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 this area continues to meet
the 2015 ozone NAAQS.
0
5. Amend Sec. 52.1082 by adding paragraph (n) to read as follows:
Sec. 52.1082 Determinations of attainment.
* * * * *
(n) Based upon EPA's review of the ambient air quality data for the
3-year period 2021 to 2023, the Washington, DC-MD-VA moderate
nonattainment
[[Page 14736]]
area for the 2015 8-hour ozone national ambient air quality standards
(2015 ozone NAAQS) has attained the 2015 ozone NAAQS by the applicable
attainment date of August 3, 2024. Therefore, EPA has met the
requirement pursuant to Clean Air Act section 181(b)(2)(A) 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
Washington, DC-MD-VA moderate nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
Subpart VV--Virginia
0
6. Amend Sec. 52.2428 by adding paragraph (o) to read as follows:
Sec. 52.2428 Control Strategy: Carbon monoxide and ozone.
* * * * *
(o) EPA has determined, as of April 4, 2025, that based on 2021 to
2023 ambient air quality data, the Washington, DC-MD-VA moderate
nonattainment area for the 2015 8-hour ozone national ambient air
quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS.
This determination, in accordance with 40 CFR 51.5138, suspends the
requirements for this area to submit an attainment demonstration,
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 this area continues to meet
the 2015 ozone NAAQS.
0
7. Amend Sec. 52.2430 by adding paragraph (d) to read as follows:
Sec. 52.2430 Determinations of attainment.
* * * * *
(d) Based upon EPA's review of the ambient air quality data for the
3-year period 2021 to 2023, the Washington, DC-MD-VA moderate
nonattainment area for the 2015 8-hour ozone national ambient air
quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS
by the applicable attainment date of August 3, 2024. Therefore, EPA has
met the requirement pursuant to Clean Air Act section 181(b)(2)(A) 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
Washington, DC-MD-VA moderate nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
[FR Doc. 2025-05913 Filed 4-3-25; 8:45 am]
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