38154 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 

exhibit cases for displaying the Charters 

and other NAE documents to provide 

better clarity for viewing the exhibits. 

NARA seeks to ensure the necessary 

protection for the documents from the 

cumulative effects of photographic 

flash. 

DATES: Comments are due by September 

29, 2009. 

ADDRESSES: NARA invites interested 

persons to submit comments on this 

proposed rule. Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

• Mail: Send comments to 

Regulations Comments Desk (NPOL), 

Room 4100, Policy and Planning Staff, 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

• Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Redman at 301–837–1850 or fax 

number 301–837–0319. 

SUPPLEMENTARY INFORMATION: In order to 

secure and protect all documents on 

display in the National Archives 

Experience (NAE) from unnecessary 

exposure to the harmful effects of flash 

photography and to improve the overall 

visitor experience, NARA is proposing 

to ban all photography from exhibit 

areas in the NAE. The 2003 renovations 

to the Rotunda exhibit area included the 

installation of new exhibit cases, which 

were designed with special glass with 

high clarity and no colored filters, to 

improve the ability to see the 

documents on display. The new display 

cases provide little protection from the 

damaging effects of photographic flash. 

While NARA staff goes to great lengths 

to adjust the Rotunda light levels to 

protect documents on display from 

excess light, public photography with 

attendant flash works against the efforts 

to protect the documents. 

The NAE exhibitions primarily 

contain paper and parchment 

documents that are susceptible to the 

harmful effects of light and in particular 

to the cumulative effects of 

photographic flash. While all original 

documents on display are at risk from 

excessive light exposure, the 

Declaration of Independence, 

Constitution and Bill of Rights (known 

collectively as the Charters of Freedom) 

are especially susceptible to the 

damaging effects from photographic 

flash because these documents are on 

permanent display. 

Currently, signage, pamphlets, and 

security officers inform visitors that 

flash photography is prohibited in the 

exhibit areas. Most photographic flash 

occurs from accidental acts rather than 

intentional action. However, over the 

past six years it has proved to be an 

impossible task to prevent visitors from 

intentionally or accidentally using 

additional light. Security officers do 

escort those visitors out of the building 

who continue to use flash photography 

after being warned. But, by the time a 

security officer makes that decision, at 

least two or three flashes have already 

occurred, needlessly exposing 

documents to excessive light. Numerous 

visitors’ remarks in the informal 

visitors’ comment log as well as letters 

to NARA include apologies for 

inadvertent flash; complaints that flash 

disrupts their visit; that flash rules are 

not effectively enforced; and, that 

camera use should be banned. 

This proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, I certify that 

this rule will not have a significant 

impact on a substantial number of small 

entities because it affects individuals. 

This regulation does not have any 

federalism implications. 

List of Subjects in 36 CFR Part 1280 

Archives and records, Federal 

buildings and facilities. 

For the reasons set forth in the 

preamble, NARA proposes to amend 

part 1280 of title 36, Code of Federal 

Regulations, as follows: 

PART 1280—USE OF NARA 

FACILITIES 

1. The authority citation for Part 1280 

continues to read as follows: 

Authority: 44 U.S.C. 2102 notes, 2104(a), 

2112, 2903 

2. Amend § 1280.46 by redesignating 

(b)(3) as paragraph (c) and revising it to 

read as follows: 

§ 1280.46 What are the rules for filming, 

photographing, or videotaping on NARA 

property for personal use? 

* * * * * 

(c) You may not film, photograph, or 

videotape in any of the exhibit areas of 

the National Archives Building in 

Washington, DC, including the Rotunda 

where the Declaration of Independence, 

the Constitution, and the Bill of Rights 

are displayed. 

Dated: July 28, 2009. 

Adrienne C. Thomas, 

Acting Archivist of the United States. 

[FR Doc. E9–18461 Filed 7–30–09; 8:45 am] 

BILLING CODE 7515–01–P 

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. 

SUMMARY: EPA is proposing to 

determine that the West Virginia 

portions of three nonattainment areas 

for the 1997 fine particulate (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) have clean data for the 1997 

PM2.5 NAAQS. These are Berkeley 

County, part of the HagerstownMartinsburg 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, ParkersburgMarietta, and Wheeling PM2.5

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 PM2.5 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 PM2.5 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 

PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before August 31, 2009. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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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: 

fernandez.cristina@epa.gov. 

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 previouslylisted 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 email 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 powers.marilyn@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 West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5

nonattainment areas have clean data for 

the 1997 PM2.5 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 PM2.5 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 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 section 

51.1004(c)), the requirements for the 

West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5

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 PM2.5 NAAQS would be 

suspended for so long as these areas 

continue to meet the 1997 PM2.5

NAAQS. 

As further discussed below, the 

proposed determination would: (1) For 

the West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5

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 PM2.5

NAAQS; (2) continue until such time, if 

any, that EPA subsequently determines 

that these areas have violated the 1997 

PM2.5 NAAQS; (3) be separate from, and 

not influence or otherwise affect, any 

future designation determination or 

requirements for the HagerstownMartinsburg, Parkersburg-Marietta, and 

Wheeling areas based on the 2006 PM2.5

NAAQS; and (4) remain in effect 

regardless of whether EPA designates 

these areas as nonattainment areas 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 these areas have 

violated the 1997 PM2.5 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 PM2.5 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 PM2.5

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 HagerstownMartinsburg, Parkersburg-Marietta, and 

Wheeling PM2.5 nonattainment areas 

have clean data for the 1997 PM2.5

NAAQS. The 1997 PM2.5 NAAQS 


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became effective on July 18, 1997 (62 FR 

36852) and are set forth at 40 CFR 

section 50.7. The 2006 PM2.5 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 

PM2.5 NAAQS. EPA has not made any 

designation determination for the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling areas 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 Hagerstown-Martinsburg, 

Parkersburg-Marietta, and Wheeling 

areas. Conversely, any future 

designation determination of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling areas, based on 

the 2006 PM2.5 NAAQS, will not have 

any effect on the determination 

proposed by this notice. 

If this proposed determination is 

made final and the HagerstownMartinsburg, Parkersburg-Marietta, and 

Wheeling nonattainment areas continue 

to demonstrate attainment with the 1997 

PM2.5 NAAQS, the requirements for the 

West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, 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 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 (μg/m3) based on a 3-year average 

of annual mean PM2.5 concentrations, 

and a twenty-four hour standard of 65 

μg/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 HagerstownMartinsburg 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 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 HagerstownMartinsburg, Parkersburg-Marietta, and 

Wheeling PM2.5 nonattainment areas 

from 2006 to the present time. On the 

basis of that review, EPA has concluded 

that these areas are meeting the 1997 

PM2.5 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 

PM2.5 NAAQS. 

Under EPA regulations at 40 CFR Part 

50, section 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 μg/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 

μg/m3. 

Tables 1.a, 1.b, and 1.c show the 

2006–2008 design values for the 1997 

Annual PM2.5 NAAQS for the 

Hagerstown-Martinsburg, ParkersburgMarietta, 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 PM2.5

NAAQS for these same respective 

monitors. All design values in the tables 

are in micrograms per cubic inch (μg/ 

m3). 

TABLE 1.a—ANNUAL DESIGN VALUES FOR HAGERSTOWN-MARTINSBURG MD-WV 

Location AQS site ID 1997 Annual 

PM2.5 standard 

2006–2008 

Design values 

Berkeley County, WV .................................................................................................................. 540030003 15 14.9 

Washington County, MD .............................................................................................................. 240430009 15 12.2 

TABLE 1.b—ANNUAL DESIGN VALUES FOR PARKERSBURG-MARIETTA WV–OH 

Location AQS site ID 1997 Annual 

PM2.5 standard 

2006–2008 

Design values 

Wood County ............................................................................................................................... 541071002 15 14.6 

Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area. 


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TABLE 1.c—ANNUAL DESIGN VALUES FOR WHEELING WV–OH 

Location AQS site ID 1997 Annual 

PM2.5 standard 

2006–2008 

Design values 

Marshal County, WV .................................................................................................................... 540511002 15 14.2 

Ohio County, WV ......................................................................................................................... 540690010 15 13.7 

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 

Location AQS site ID 1997 24–Hour 

PM2.5 standard 

2006–2008 

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 

Location AQS site ID 1997 24-Hour 

PM2.5 standard 

2006–2008 

Design values 

Wood County, WV ....................................................................................................................... 541071002 65 34 

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 

Location AQS site ID 1997 24-Hour 

PM2.5 standard 

2006–2008 

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 MDWV, Parkersburg-Marietta WV-OH, and 

Wheeling WV-OH nonattainment areas 

have met and continue 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 West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling nonattainment 

areas have clean data for the 1997 PM2.5

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 PM2.5 NAAQS so long as these 

areas continue to attain the 1997 PM2.5

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: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

determination that the West Virginia 

portions of the Hagerstown-Martinsburg, 

Parkersburg-Marietta, and Wheeling 

nonattainment areas have clean data for 

the 1997 PM2.5 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
38158 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0506; FRL–8938–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Commonwealth of Pennsylvania; 

Determination of Clean Data for the 

1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Johnstown (Cambria 

and Indiana Counties), Lancaster 

(Lancaster County), Reading (Berks 

County) and York (York County), 

Pennsylvania nonattainment areas for 

the 1997 fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) have clean data for the 1997 

PM2.5 NAAQS. This proposed 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that these areas have monitored 

attainment of the 1997 PM2.5 NAAQS 

based on the 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 that these areas continue 

to meet the 1997 PM2.5 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 each of these areas continue to meet 

the 1997 PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0506 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0506, 

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 previouslylisted 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– 

0506. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 

http://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 http:// 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@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. What Is EPA’s Proposed Action? 

VI. What Are the Statutory and Executive 

Order Reviews? 

I. What Action Is EPA Taking? 

EPA is proposing to determine that 

the Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

nonattainment areas have clean data for 

the 1997 PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that these areas have monitored 

attainment of the 1997 PM2.5 NAAQS 

based on the 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 that these 

areas continue to meet 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 

Johnstown, Lancaster, Reading and 

York, Pennsylvania PM2.5

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 PM2.5 NAAQS would be 

suspended for so long as each area 

continues to meet the 1997 PM2.5

NAAQS. 

As further discussed below, the 

proposed determination would: (1) For 


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