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[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11739-11741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4473]

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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.

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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.
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    \1\ The 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).
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    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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    \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).

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[[Page 11740]]

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

[[Page 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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. In Sec.  52.475, the existing paragraph is designated as (a), and 
paragraph (b) is added to read as follows:

Sec.  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, DC-MD-VA moderate 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date pursuant to section 181(b)(2)(A).

0
3. Section 52.476 is amended by adding new paragraph (g) to read as 
follows:

Sec.  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

0
4. Section 52.1076 is amended by adding new paragraph (w) to read as 
follows:

Sec.  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.

0
5. Section 52.1082 is amended by adding new paragraph (c) to read as 
follows:

Sec.  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, DC-MD-VA moderate 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date pursuant to section 181(b)(2)(A).

Subpart VV--Virginia

0
6. Section 52.2428 is amended by adding paragraph (h) to read as 
follows:

Sec.  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.

0
7. In Sec.  52.2430, the existing paragraph is designated as (a), and 
paragraph (b) is added to read as follows:

Sec.  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, DC-MD-VA moderate 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date pursuant to section 181(b)(2)(A).

[FR Doc. 2012-4473 Filed 2-27-12; 8:45 am]
BILLING CODE 6560-50-P
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