Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11739 

1The NPR cited CAA sections 181(b)(2)(A) and 

179(c) as the statutory authority for determining 

whether the Washington Area attained the 1997 8- 

hour ozone NAAQS by its attainment date. In this 

final notice, EPA is correcting that statement to 

clarify that here the appropriate statutory authority 

derives from section 181(b)(2)(A). 

2 In the NPR, EPA stated that its obligations to 

determine if an area attained the 1997 8-hour 

NAAQS by its attainment was found under CAA 

sections 181(b)(2)(A) and 179. EPA notes that for an 

area such as the Washington Area, which is 

designated moderate nonattainment for the 1997 8- 

hour ozone standard, the proper citation is CAA 

section 181(b)(2)(A). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http:// 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

Issued in Washington, DC, on February 23, 

2012. 

John W. McGraw, 

Acting Director, Flight Standards Service. 

[FR Doc. 2012–4633 Filed 2–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0986; FRL–9634–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

Determinations of Attainment of the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard for the 

Washington, DC-MD-VA 8-Hour Ozone 

Moderate Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations regarding the 

Washington, DC-MD-VA moderate 8- 

hour ozone nonattainment area (the 

Washington Area). First, EPA is making 

a determination that the Washington 

Area has attained the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) by its June 15, 2010 

attainment date. This determination is 

based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007–2009 monitoring 

period. Second, EPA is making a clean 

data determination, finding that the 

Washington Area has attained the 1997 

8-hour ozone NAAQS, based on 

complete, quality assured, and certified 

ambient air monitoring data for the 

2007–2009 and 2008–2010 monitoring 

periods. In accordance with EPA’s 

applicable ozone implementation rule, 

this clean data determination suspends 

the requirement for the Washington 

Area to submit an attainment 

demonstration, reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan and 

contingency measures related to 

attainment of the 1997 8-hours ozone 

NAAQS. These requirements shall be 

suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. These actions are being 

taken under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on March 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0986. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this action. 

I. Background 

II. Summary of Actions 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia, the State of Maryland, and 

the Commonwealth of Virginia (the 

States) on September 20, 2011 (76 FR 

58206). Pursuant to section 

181(b)(2)(A) 1 of the CAA, the 

September 20, 2011 NPR proposed to 

determine that the Washington Area 

attained the 1997 8-hour ozone NAAQS 

by its attainment date, June 15, 2010. 

This proposed determination was based 

upon complete, quality assured, and 

certified ambient air monitoring data for 

the 2007–2009 monitoring period that 

show the area has monitored attainment 

of the 1997 8-hour ozone NAAQS 

during this monitoring period. 

Complete, quality assured, and certified 

ambient air monitoring data for the 

2008–2010 monitoring period shows 

continued attainment. 

The September 20, 2011 NPR also 

proposed to make a clean data 

determination that the Washington Area 

has attained the 1997 8-hour ozone 

NAAQS. This proposed clean data 

determination was based upon 

complete, quality assured, and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 8-hour ozone NAAQS for the 

2007–2009 and 2008–2010 monitoring 

periods. As a result of this 

determination, the requirement for this 

area to submit an attainment 

demonstration, a RACM analysis, an 

RFP plan, contingency measures, and 

other planning requirements related to 

attainment of the 1997 8-hours ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

8-hour ozone NAAQS. 

II. Summary of Actions 

A. Determination of Attainment by the 

Attainment Date 

EPA is making a determination that 

the Washington Area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. As a 

result of this action, EPA has met its 

requirement pursuant to CAA 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 by that date. The effect of a 

final determination of attainment by the 

area’s attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2)(A),2 and to establish that, in 

accordance with CAA section 

181(b)(2)(A), the area will not be 

reclassified for failure to attain by its 

applicable attainment date. This 

determination of attainment is not 

equivalent to a redesignation. The state 

must still meet the statutory 

requirements for redesignation in order 

to be redesignated to attainment. 


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11740 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

B. Clean Data Determination 

EPA is making a clean data 

determination, finding that the 

Washington Area is attaining the 1997 

8-hour ozone NAAQS. Under the 

provisions of EPA’s ozone 

implementation rule (40 CFR 51.918), 

this clean data determination suspends 

the CAA requirement for the 

Washington Area to submit certain 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS for so 

long as the area continues to attain the 

1997 8-hour ozone NAAQS. This clean 

data determination is not equivalent to 

a redesignation. The state must still 

meet the statutory requirements for 

redesignation in order to be 

redesignated to attainment. 

The clean data determination 

suspends the requirements to submit an 

attainment demonstration, RACM, RFP, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS; 

continues until such time, if any, that 

EPA (i) redesignates the area to 

attainment at which time those 

requirements no longer apply, or (ii) 

subsequently determines that the area 

has violated the 1997 8-hour ozone 

NAAQS; is separate from, and does not 

influence or otherwise affect, any future 

designation determination or 

requirements for the area based on any 

new or revised ozone NAAQS; and 

remains in effect regardless of whether 

EPA designates this area as a 

nonattainment area for purposes of any 

new or revised ozone NAAQS. 

Although these requirements are 

suspended, EPA is not precluded from 

acting upon these elements. The States 

submitted these SIP elements for the 

Washington Area to EPA for review and 

approval in June 2007. EPA approved 

the States’ submittal pertaining to RFP, 

RFP contingency measures, and RACM, 

along with the Washington Area’s 2002 

base year inventory and 2008 

transportation conformity motor vehicle 

emissions budgets (MVEBs) on 

September 20, 2011 (76 FR 58116). 

C. Ambient Air Quality Monitoring Data 

Complete, quality assured, certified 

8-hour ozone air quality monitoring data 

for 2007 through 2009 show that the 

Washington Area has attained the 1997 

8-hour ozone NAAQS. The Washington 

Area continues to attain the 1997 8-hour 

ozone NAAQS considering complete, 

quality assured, certified 8-hour ozone 

air quality monitoring data for 2008 

through 2010. Additional information 

on air quality data for the Washington 

Area can be found in the Technical 

Support Document (TSD) prepared for 

this action. The TSD can be viewed at 

http://www.regulations.gov. 

III. Final Action 

EPA is making two determinations 

regarding the Washington Area. First, 

EPA is making a clean data 

determination, finding that the 

Washington Area has attained the 1997 

8-hour ozone NAAQS. This clean data 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data that show the area 

has monitored attainment of the 1997 

8-hour ozone NAAQS for the 2007–2009 

and 2008–2010 monitoring periods. 

This clean data determination suspends 

the requirements for the Washington 

Area to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

any other planning requirements related 

to attainment of the 1997 8-hours ozone 

NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. Second, pursuant to 

section 181(b)(2)(A) of the CAA, EPA is 

making a determination that the 

Washington Area has attained the 1997 

8-hour ozone NAAQS by its moderate 

area attainment date, June 15, 2010. 

The rationale for EPA’s proposed 

action are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action makes determinations of 

attainment based on air quality, and 

result in the suspension of certain 

federal requirements. This action does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this determination that 

the Washington Area has attained 

the1997 annual PM2.5 NAAQS 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 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing these actions and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

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 April 30, 2012. 

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 


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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11741 

of such rule or action. This 

determination that the Washington Area 

has attained the 1997 8-hour ozone 

NAAQS 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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: February 6, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 

■ 2. In § 52.475, the existing paragraph 

is designated as (a), and paragraph (b) is 

added to read as follows: 

§ 52.475 Determinations of attainment. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

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, DCMD-VA moderate nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

■ 3. Section 52.476 is amended by 

adding new paragraph (g) to read as 

follows: 

§ 52.476 Control strategy: ozone. 

* * * * * 

(g) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 1997 8-hour ozone NAAQS. 

Subpart V—Maryland 

■ 4. Section 52.1076 is amended by 

adding new paragraph (w) to read as 

follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: ozone. 

* * * * * 

(w) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 1997 8-hour ozone NAAQS. 

■ 5. Section 52.1082 is amended by 

adding new paragraph (c) to read as 

follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

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, DCMD-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 

■ 6. Section 52.2428 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2428 Control strategy: Carbon 

monoxide and ozone. 

* * * * * 

(h) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 1997 8-hour ozone NAAQS. 

■ 7. In § 52.2430, the existing paragraph 

is designated as (a), and paragraph (b) is 

added to read as follows: 

§ 52.2430 Determinations of attainment. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

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, DCMD-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. 2012–4473 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2004–OH–0004; FRL– 

9635–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

New Source Review Rules—Notice of 

Action Denying Petition for 

Reconsideration and Request for 

Administrative Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; action denying 

petition for reconsideration and request 

for administrative stay. 

SUMMARY: EPA is providing notice that 

it has responded to a petition for 

reconsideration and a request for an 

administrative stay of certain provisions 

of the final rule titled, ‘‘Approval and 

Promulgation of Air Quality 

Implementation Plans; Ohio; New 

Source Review Rules’’ published 

February 25, 2010. The Ohio EPA 


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