[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38154-38158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18393]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0547; FRL-8938-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the West Virginia portions 
of three nonattainment areas for the 1997 fine particulate 
(PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS) have 
clean data for the 1997 PM<INF>2.5</INF> NAAQS. These are Berkeley 
County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; 
Wood County, part of the Parkersburg-Marietta WV-OH nonattainment area; 
and Marshall County and Ohio County, part of the Wheeling WV-OH 
nonattainment area, hereinafter referred to in this notice as the West 
Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, 
and Wheeling PM<INF>2.5</INF> nonattainment areas. This proposed 
determination is based upon quality assured, quality controlled, and 
certified ambient air monitoring data that show that these areas have 
monitored attainment of the 1997 PM<INF>2.5</INF> NAAQS based on 2006-
2008 data. In addition, quality controlled and quality assured 
monitoring data for 2009 that are available in the EPA Air Quality 
System (AQS) database, but not yet certified, show these areas continue 
to have clean data for the 1997 PM<INF>2.5</INF> NAAQS. If this 
proposed determination is made final, the requirements for these areas 
to submit an attainment demonstration, associated reasonably available 
measures, a reasonable further progress plan, contingency measures, and 
other planning State Implementation Plans (SIPs) related to attainment 
of the standard shall be suspended for so long as the area continues to 
meet the 1997 PM<INF>2.5</INF> NAAQS.

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

[[Page 38155]]


ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: <a href="/cdn-cgi/l/email-protection#7a1c1f08141b141e1f0054190813090e13141b3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="96f0f3e4f8f7f8f2f3ecb8f5e4ffe5e2fff8f7d6f3e6f7b8f1f9e0">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2009-0547, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0547. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
atwww.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: Marilyn Powers, (215) 814-2308, or by 
e-mail at <a href="/cdn-cgi/l/email-protection#2e5e41594b5c5d00434f5c474257406e4b5e4f00494158"><span class="__cf_email__" data-cfemail="16667961736465387b77647f7a6f785673667738717960">[email protected]</span></a>.

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 West Virginia portions of 
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
PM<INF>2.5</INF> nonattainment areas have clean data for the 1997 
PM<INF>2.5</INF> NAAQS. This determination is based upon quality 
assured, quality controlled, and certified ambient air monitoring data 
that show these areas have monitored attainment of the 1997 
PM<INF>2.5</INF> NAAQS based on 2006-2008 data. In addition, quality 
controlled and quality assured monitoring data for 2009 that are 
available in the EPA AQS database, but not yet certified, show this 
area continues to attain the 1997 PM<INF>2.5</INF> NAAQS.

II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
PM<INF>2.5</INF> implementation rule (see 40 CFR section 51.1004(c)), 
the requirements for the West Virginia portions of the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM<INF>2.5</INF> 
nonattainment areas to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM<INF>2.5</INF> NAAQS would be suspended for so 
long as these areas continue to meet the 1997 PM<INF>2.5</INF> NAAQS.
    As further discussed below, the proposed determination would: (1) 
For the West Virginia portions of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling PM<INF>2.5</INF> nonattainment 
areas, suspend the requirements to submit an attainment demonstration, 
associated reasonably available control measures (RACM) (including 
reasonably available control technologies (RACT)), a reasonable further 
progress (RFP) plan, contingency measures, and any other planning SIPs 
related to attainment of the 1997 PM<INF>2.5</INF> NAAQS; (2) continue 
until such time, if any, that EPA subsequently determines that these 
areas have violated the 1997 PM<INF>2.5</INF> NAAQS; (3) be separate 
from, and not influence or otherwise affect, any future designation 
determination or requirements for the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling areas based on the 2006 
PM<INF>2.5</INF> NAAQS; and (4) remain in effect regardless of whether 
EPA designates these areas as nonattainment areas for purposes of the 
2006 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS.
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that these 
areas have violated the 1997 PM<INF>2.5</INF> NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR section 
51.1004(c), would no longer exist, and these areas would thereafter 
have to address the pertinent requirements.
    EPA's determination that the air quality data for these areas shows 
clean data for the 1997 PM<INF>2.5</INF> NAAQS, as proposed in this 
Federal Register notice, is not equivalent to the redesignation of the 
areas to attainment. This proposed action, if finalized, would not 
constitute a redesignation to attainment under section 107(d)(3) of the 
Clean Air Act (CAA), because we would not yet have an approved 
maintenance plan for these areas as required under section 175A of the 
CAA, nor a determination that these areas have met the other 
requirements for redesignation. The designation status of these areas 
would remain nonattainment for the 1997 PM<INF>2.5</INF> NAAQS until 
such time as EPA determines that these areas meet the CAA requirements 
for redesignation to attainment.
    This proposed action, if finalized, is limited to a determination 
that the West Virginia portions of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling PM<INF>2.5</INF> nonattainment areas 
have clean data for the 1997 PM<INF>2.5</INF> NAAQS. The 1997 
PM<INF>2.5</INF> NAAQS

[[Page 38156]]

became effective on July 18, 1997 (62 FR 36852) and are set forth at 40 
CFR section 50.7. The 2006 PM<INF>2.5</INF> NAAQS, which became 
effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 
section 50.13. At this point, EPA is currently in the process of making 
designation determinations, as required by CAA section 107(d)(1), for 
the 2006 PM<INF>2.5</INF> NAAQS. EPA has not made any designation 
determination for the Hagerstown-Martinsburg, Parkersburg-Marietta, and 
Wheeling areas based on the 2006 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS for the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling areas. Conversely, any 
future designation determination of the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling areas, based on the 2006 
PM<INF>2.5</INF> NAAQS, will not have any effect on the determination 
proposed by this notice.
    If this proposed determination is made final and the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas 
continue to demonstrate attainment with the 1997 PM<INF>2.5</INF> 
NAAQS, the requirements for the West Virginia portions of the 
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
nonattainment areas to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM<INF>2.5</INF> NAAQS would remain suspended, 
regardless of whether EPA designates this area as a nonattainment area 
for purposes of the 2006 PM<INF>2.5</INF> 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 
PM<INF>2.5</INF> NAAQS at 15.0 micrograms per cubic meter ([mu]g/
m<SUP>3</SUP>) based on a 3-year average of annual mean 
PM<INF>2.5</INF> concentrations, and a twenty-four hour standard of 65 
[mu]g/m<SUP>3</SUP> 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 PM<INF>2.5</INF> 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 
PM<INF>2.5</INF> NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. These designations became 
effective on April 5, 2005. The Hagerstown-Martinsburg nonattainment 
area (Berkeley County, WV and Washington County, MD), the Parkersburg-
Marietta nonattainment area (Wood County, WV and Washington County, 
OH), and the Wheeling nonattainment area (Marshall County, WV, Ohio 
County, WV, and Belmont County, OH) were designated nonattainment for 
the 1997 PM<INF>2.5</INF> 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 
PM<INF>2.5</INF>, consistent with the requirements contained in 40 CFR 
part 50 and recorded in the EPA AQS database for the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM<INF>2.5</INF> 
nonattainment areas from 2006 to the present time. On the basis of that 
review, EPA has concluded that these areas are meeting the 1997 
PM<INF>2.5</INF> NAAQS based on 2006-2008 data. In addition, quality 
controlled and quality assured monitoring data for 2009 that are 
available in the EPA AQS database, but not yet certified, show these 
areas continue to attain the 1997 PM<INF>2.5</INF> NAAQS.
    Under EPA regulations at 40 CFR Part 50, section 50.7:
    (1) The annual primary and secondary PM<INF>2.5</INF> standards are 
met when the annual arithmetic mean concentration, as determined in 
accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
15.0 [mu]g/m<SUP>3</SUP>;
    (2) The 24-hour primary and secondary PM<INF>2.5</INF> standards 
are met when the 98th percentile 24-hour concentration, as determined 
in accordance with 40 CFR Part 50, Appendix N, is less than or equal to 
65 [mu]g/m<SUP>3</SUP>.
    Tables 1.a, 1.b, and 1.c show the 2006-2008 design values for the 
1997 Annual PM<INF>2.5</INF> NAAQS for the Hagerstown-Martinsburg, 
Parkersburg-Marietta, and Wheeling nonattainment area monitors, 
respectively. Table 2.a, 2.b, and 2.c show the 2006-2008 design values 
for the 1997 24-Hour PM<INF>2.5</INF> NAAQS for these same respective 
monitors. All design values in the tables are in micrograms per cubic 
inch ([mu]g/m<SUP>3</SUP>).

                        Table 1.a--Annual Design Values for Hagerstown-Martinsburg MD-WV
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                                                                                    1997 Annual      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Berkeley County, WV.............................................       540030003              15            14.9
Washington County, MD...........................................       240430009              15            12.2
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                         Table 1.b--Annual Design Values for Parkersburg-Marietta WV-OH
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                                                                                  1997 Annual       2006-2008
                           Location                              AQS site ID     PM2.5 standard   Design values
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Wood County..................................................       541071002               15             14.6
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


[[Page 38157]]


                               Table 1.c--Annual Design Values for Wheeling WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                    1997 Annual      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Marshal County, WV..............................................       540511002              15            14.2
Ohio County, WV.................................................       540690010              15            13.7
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


                        Table 2.a--24-Hour Design Values for Hagerstown-Martinsburg MD-WV
----------------------------------------------------------------------------------------------------------------
                                                                                   1997 24-Hour      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Berkeley County, WV.............................................       540030003              65              31
Washington County, MD...........................................       240430009              65              30
----------------------------------------------------------------------------------------------------------------


                         Table 2.b--24-Hour Design Values for Parkersburg-Marietta WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                  1997 24-Hour      2006-2008
                           Location                              AQS site ID     PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Wood County, WV..............................................       541071002               65               34
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.


                               Table 2.c--24-Hour Design Values for Wheeling WV-OH
----------------------------------------------------------------------------------------------------------------
                                                                                   1997 24-Hour      2006-2008
                            Location                                AQS site ID   PM2.5 standard   Design values
----------------------------------------------------------------------------------------------------------------
Marshall County, WV.............................................       540511002              65              34
Ohio County, WV.................................................       540690010              65              31
----------------------------------------------------------------------------------------------------------------
Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.

    EPA's review of these data indicate that the Martinsburg-Hagerstown 
MD-WV, Parkersburg-Marietta WV-OH, and Wheeling WV-OH nonattainment 
areas have met and continue to meet the 1997 PM<INF>2.5</INF> 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 West Virginia portions of 
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 
nonattainment areas have clean data for the 1997 PM<INF>2.5</INF> 
NAAQS. As provided in 40 CFR section 51.1004(c), if EPA finalizes this 
determination, it would suspend the requirements for these areas to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and any other planning SIPs related to attainment of the 1997 
PM<INF>2.5</INF> NAAQS so long as these areas continue to attain the 
1997 PM<INF>2.5</INF> NAAQS.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
    <bullet> Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed determination that the West Virginia 
portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, and 
Wheeling nonattainment areas have clean data for the 1997 
PM<INF>2.5</INF> standard does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that

[[Page 38158]]

it will not impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: July 23, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.
[FR Doc. E9-18393 Filed 7-30-09; 8:45 am]
BILLING CODE 6560-50-P


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