[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Proposed Rules]
[Page 62945-62948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc08-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0736; FRL-8732-2]
Approval and Promulgation of Air Quality Implementation Plans;
The Metropolitan Washington Nonattainment Area; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Metropolitan
Washington, DC-MD-VA nonattainment area for the 1997 fine particle
(PM2.5) National Ambient Air Quality Standard (NAAQS) has
attained the 1997 PM2.5 NAAQS. This proposed determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data that show that the area has monitored
attainment of the 1997 PM2.5 NAAQS since the 2004-2006
monitoring period, and continues to monitor attainment of the standard
based on 2005-2007 data. In addition, quality controlled and quality
assured monitoring data for 2008 that are available in the EPA Air
Quality System (AQS) database, but not yet certified, show this area
continues to attain the 1997 PM2.5 NAAQS. If this proposed
determination is made final, the requirements for this area to submit
an attainment demonstration and 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 the area continues to
attain the 1997 PM2.5 NAAQS.
DATES: Written comments must be received on or before November 21,
2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0736 by one of the following methods:
A. www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2008-0736, 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
[[Page 62946]]
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-
2008-0736. 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 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: Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@epa.gov.
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 Metropolitan Washington, DC-
MD-VA PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show the area has monitored attainment of the 1997
PM2.5 NAAQS since the 2004-2006 monitoring period, and
monitoring data that continue to show attainment of the 1997
PM2.5 NAAQS based on the 2005-2007 data. In addition,
quality controlled and quality assured monitoring data for 2008 that
are available in the EPA AQS database, but not yet certified, show this
area continues to attain 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 51.1004(c)), the
requirements for the Metropolitan Washington, DC-MD-VA PM2.5
nonattainment area to submit an attainment demonstration and associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS would be suspended for so
long as the area continues to attain the 1997 PM2.5 NAAQS.
As further discussed below, the proposed determination would: (1)
For the Metropolitan Washington, DC-MD-VA nonattainment area, suspend
the requirements to submit an attainment demonstration and associated
reasonably available control measures (RACM) (including reasonably
available control technologies (RACT)), a reasonable further progress
plan (RFP), 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 the area has
violated the 1997 PM2.5 NAAQS; (3) be separate from, and not
influence or otherwise affect, any future designation determination or
requirements for the Metropolitan Washington, DC-MD-VA area based on
the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of
whether EPA designates this area as a nonattainment area for purposes
of the 2006 PM2.5 NAAQS. Furthermore, as described below,
any such final determination would not be equivalent to the
redesignation of the area 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
area has violated the 1997 PM2.5 NAAQS, the basis for the
suspension of the specific requirements, set forth at 40 CFR
51.1004(c), would no longer exist, and the area 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 the
area 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 the area as required under section 175A of the
CAA, nor a determination that the area has met the other requirements
for redesignation. The designation status of the area would remain
nonattainment for the 1997 PM2.5 NAAQS until such time as
EPA determines that it meets the CAA requirements for redesignation to
attainment.
This proposed action, if finalized, is limited to a determination
that the Metropolitan Washington, DC-MD-VA PM2.5 area has
attained 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 50.7. The 2006 PM2.5 NAAQS, which became effective
on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA
is currently in the process of making designation determinations, as
required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS.
EPA has not made any designation determination for the Metropolitan
Washington, DC-MD-VA area 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
Metropolitan Washington, DC-MD-VA area. Conversely, any future
designation determination of the Metropolitan Washington, DC-MD-VA
area, based on the 2006 PM2.5 NAAQS, will not have
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any effect on the determination proposed by this notice.
If this proposed determination is made final and the Metropolitan
Washington, DC-MD-VA area continues to demonstrate attainment with the
1997 PM2.5 NAAQS, the requirements for the Metropolitan
Washington, DC-MD-VA area to submit an attainment demonstration and
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and any other planning SIPs
related to attainment of the 1997 PM2.5 NAAQS would remain
suspended, regardless of whether EPA designates this area as a
nonattainment area for purposes of the 2006 PM2.5 NAAQS.
Once the area is designated for the 2006 NAAQS, it will have to meet
all applicable requirements for that designation.
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/
m3) based on a 3-year average of annual mean
PM2.5 concentrations, and a twenty-four hour standard of 65
[mu]g/m3 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 Metropolitan Washington, DC-MD-VA
(Charles, Frederick, Montgomery, Prince George's, Alexandria,
Arlington, Fairfax, Loudoun, Prince William, Falls Church, Manassas,
Manassas Park, Fairfax City, and the District of Columbia) area was
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 Metropolitan
Washington, DC-MD-VA PM2.5 nonattainment area from 2004
through the present time. On the basis of that review, EPA has
concluded that this area attained the 1997 PM2.5 NAAQS since
the 2004-2006 monitoring period, and continues to monitor attainment of
the NAAQS based on 2005-2007 data. In addition, quality controlled and
quality assured monitoring data for 2008 that are available in the EPA
AQS database, but not yet certified, show this area continues to attain
the 1997 PM2.5 NAAQS.
Under EPA regulations at 40 CFR Part 50, Sec. 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/m3.
(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/m3.
Table 1 shows the design values for the 1997 Annual
PM2.5 NAAQS for the Metropolitan Washington, DC-MD-VA
nonattainment area monitors for the years 2004-2006 and 2005-2007.
Table 2 shows the design values for the 1997 24-Hour PM2.5
NAAQS for these same monitors and the same 3-year periods.
Table 1--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--
Annual Standard
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1997 Annual
Location AQS site ID attainment 2004-2006 2005-2007
standard Design values Design values
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District of Columbia........................ 110010041 15 14.4 14.0
District of Columbia........................ 110010042 15 14.5 14.2
District of Columbia........................ 110010043 15 14.0 13.5
Montgomery County, MD....................... 240313001 15 12.5 12.2
Prince George's, MD......................... 240338003 15 13.1 12.8
Arlington, VA............................... 510130020 15 14.2 14.0
Fairfax, VA................................. 510590030 15 13.4 13.0
Fairfax, VA................................. 510591005 15 13.6 13.5
Fairfax, VA................................. 510595001 15 13.9 13.7
Loudoun, VA................................. 511071005 15 13.6 13.2
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Table 2--Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS--24-
Hour Standard
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1997 Annual 24-
Location AQS site ID hour attainment 2004-2006 2005-2007
standard Design values Design values
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District of Columbia........................ 110010041 65 37 35
District of Columbia........................ 110010042 65 35 33
District of Columbia........................ 110010043 65 34 34
Montgomery County, MD....................... 240313001 65 31 30
Prince George's, MD......................... 240338003 65 35 32
Arlington, VA............................... 510130020 65 34 32
Fairfax, VA................................. 510590030 65 35 34
Fairfax, VA................................. 510591005 65 34 32
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Fairfax, VA................................. 510595001 65 34 33
Loudoun, VA................................. 511071005 65 35 33
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EPA's reviews of these data indicate that the Metropolitan
Washington, DC-MD-VA nonattainment area has met and continues 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.
V. Proposed Action
EPA is proposing to determine that the Metropolitan Washington, DC-
MD-VA nonattainment area for the 1997 PM2.5 NAAQS has
attained the 1997 PM2.5 NAAQS and continues to attain the
standard based on data through 2008. As provided in 40 CFR 51.1004(c),
if EPA finalizes this determination, it would suspend the requirements
for this area to submit an attainment demonstration and associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS so long as the area
continues to attain the 1997 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action proposes to make a determination based on air quality data, and
would, if finalized, result in the suspension of certain Federal
requirements. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule proposes to make a determination based on air
quality data, and would, if finalized, result in the suspension of
certain Federal requirements, it does not contain any unfunded mandate
or significantly or uniquely affect small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This proposed rule also does not have tribal applications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This proposed action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely proposes to make a determination based on air quality
data and would, if finalized, result in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks'' (62 FR 19885, April 23,
1997) because it proposes to determine that air quality in the affected
area is meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures to otherwise satisfy the provisions of the CAA.
This proposed rule does not impose an information collection burden
under the provisions of the Paper Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
Under Executive Order 12898, EPA finds that this rule, pertaining
to the District of Columbia, Maryland and Virginia's determination of
attainment of the fine particle standard for the Metropolitan
Washington, DC-MD-VA area, involves a proposed determination of
attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.
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: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-25160 Filed 10-21-08; 8:45 am]
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