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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Proposed Rules]
[Pages 90249-90254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26423]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0987; FRL-10551-01-R3]

Air Plan Approval; District of Columbia, Maryland, Virginia; 
Determination of Attainment by the Attainment Date and Clean Data 
Determination for the Washington, DC-MD-VA Nonattainment Area for the 
2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Washington, DC-MD-VA nonattainment area (the 
Washington Area or the Area) has attained the 2015 8-hour ozone 
national ambient air quality standards (2015 ozone NAAQS) by the 
applicable attainment date of August 3, 2024. Accompanying this 
proposed determination of attainment by the attainment date is a re-
proposed clean data determination (CDD) under the EPA's Clean Data 
Policy. If finalized, this action will address the EPA's obligation 
under Clean Air Act (CAA) sections 179(c) and 181(b)(2) to determine 
whether the Washington Area attained the 2015 ozone NAAQS by the August 
3, 2024 attainment date and, as set forth in the EPA's Clean Data 
Policy, suspend the obligation of the District of Columbia (DC), the 
State of Maryland (MD), and the Commonwealth of Virginia (VA) to submit 
certain attainment planning requirements for as long as the Area 
continues to attain the 2015 ozone NAAQS. As part of this rulemaking, 
the EPA also proposes to take final agency action on an exceptional 
events request submitted by the District of Columbia on March 20, 2024, 
and concurred on by the EPA on July 17, 2024. The proposed attainment 
determination and CDD are based upon the EPA's concurrence on the 
exceptional events demonstration. This action is being taken under the 
CAA.

DATES: Written comments must be received on or before December 16, 
2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0987 at www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ian Neiswinter, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1600 John F Kennedy 
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is 
(215) 814-2011. Mr. Neiswinter can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: This proposed determination is based upon 
quality-assured, quality-controlled, and certified ambient air 
monitoring data from 2021 to 2023 available in the EPA's Air Quality 
System (AQS) database.

[[Page 90250]]

Neither this proposed attainment determination nor CDD redesignates the 
Washington Area to attainment for the 2015 ozone NAAQS. The Area 
remains designated nonattainment until such time as DC, MD, and VA 
submit a request for redesignation pursuant to 107(d)(3) of the CAA and 
the EPA determines that the area meets the CAA requirements for 
redesignation to attainment and takes action to redesignate the Area.

I. Background

    On October 26, 2015 (80 FR 65292), the EPA promulgated a revised 
primary and secondary ozone NAAQS to provide requisite increased 
protection of public health and welfare, respectively. In that action, 
the EPA strengthened both standards from 0.075 parts per million (ppm) 
to 0.070 ppm and retained the indicator (ozone), averaging time (8-
hour), and form (annual fourth-highest daily maximum, averaged over 
three years) of the existing standards. Effective August 3, 2018 (83 FR 
25776, June 4, 2018), the EPA designated 52 areas throughout the 
country as nonattainment for the 2015 ozone NAAQS, including the 
Washington Area,\1\ which was classified as a Marginal nonattainment 
area. This designation was based on quality-assured, quality-
controlled, and certified air quality monitoring data from calendar 
years 2014 to 2016. The EPA established the attainment date for 
Marginal 2015 ozone NAAQS nonattainment areas as 3 years from the 
effective date of the final designations, meaning the Washington Area 
had an attainment date of August 3, 2021.\2\
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    \1\ The Washington Area consists of the following counties/
cities: Calvert County, Charles County, Frederick County, Montgomery 
County, and Prince George's County in Maryland; Alexandria city, 
Arlington County, Fairfax County, Fairfax city, Falls Church city, 
Loudoun County, Manassas Park city, Manassas city, Prince William 
County in Virginia; and all of the District of Columbia. See 40 Code 
of Federal Regulations (CFR) 81.309, 81.321, and 81.347.
    \2\ See 83 FR 10376 (March 9, 2018) and 40 CFR 51.1303(a).
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    Effective November 7, 2022 (87 FR 60897), the EPA determined that 
22 Marginal areas or portions of areas failed to attain the standard by 
the applicable Marginal attainment date, including the Washington Area. 
In that action, the EPA reclassified the Washington Area as Moderate 
nonattainment for the 2015 ozone NAAQS because it failed to attain the 
standard by the attainment date of August 3, 2021. That designation was 
based on quality-assured, quality-controlled, and certified ambient air 
monitoring data from calendar years 2018 to 2020. In that same action, 
the EPA established the Moderate attainment date as August 3, 2024.\3\
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    \3\ See 87 FR 60897 (November 7, 2022).
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    On February 1, 2023 (88 FR 6688), the EPA proposed a CDD for the 
Washington Area based on quality-assured, quality-controlled, and 
certified ambient air quality monitoring data showing the Area attained 
the 2015 ozone NAAQS based on 2019 to 2021 data. The EPA did not 
finalize that action due to a monitored violation of the 2015 ozone 
NAAQS prior to final approval.\4\ On March 20, 2024, the Department of 
Energy and Environment (DOEE) on behalf of DC submitted an exceptional 
events (EE) demonstration to show that the ozone concentration recorded 
at the McMillan monitor (AQS Site ID #110010043) on June 29, 2023, was 
influenced by wildfires. The EPA concurred on this request on July 17, 
2024. The EPA's Exceptional Events Rule and DOEE's exceptional events 
demonstration are discussed in more detail in section II of this 
document. Air monitoring data from 2021 to 2023, which pursuant to 
EPA's concurrence on the DOEE demonstration now excludes the June 29, 
2023, exceptional events influenced monitor day, indicates that the 
Washington Area has attained the 2015 ozone NAAQS by the attainment 
date of August 3, 2024. In light of this supplemental information that 
shows continued attainment in the time following the 2023 CDD proposal, 
the EPA is also re-proposing a CDD for the area. The EPA is including 
this proposed rulemaking in the same docket as the February 1, 2023 
proposed CDD for the Washington Area.\5\
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    \4\ The EPA initially noted this violation based on preliminary 
data, which was later certified.
    \5\ See www.regulations.gov/search/docket?filter=EPA-R03-OAR-2022-0987.
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II. Exceptional Events Demonstration

    Congress has recognized that it may not be appropriate for the EPA 
to use certain monitoring data collected by the ambient air quality 
monitoring network and maintained in the EPA's AQS database in certain 
regulatory determinations. Thus, in 2005, Congress provided the 
statutory authority for the exclusion of data influenced by 
``exceptional events'' meeting specific criteria by adding section 
319(b) to the CAA and granted the EPA with the authority to propose 
regulations to review and manage air quality monitoring data influenced 
by exceptional events.\6\
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    \6\ Under CAA section 319(b), an exceptional event means an 
event that: (i) affects air quality; (ii) is not reasonably 
controllable or preventable; (iii) is an event caused by human 
activity that is unlikely to recur at a particular location or a 
natural event; and (iv) is determined by the EPA under the process 
established in regulations promulgated by the EPA in accordance with 
section 319(b)(2) to be an exceptional event. For the purposes of 
section 319(b), an exceptional event does not include: (i) 
stagnation of air masses or meteorological inversions; (ii) a 
meteorological event involving high temperatures or lack of 
precipitation; or (iii) air pollution relating to source 
noncompliance.
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    On March 22, 2007 (72 FR 13560), the EPA promulgated the 2007 
Exceptional Events Rule in order to implement this 2005 CAA amendment. 
The 2007 Exceptional Events Rule created a regulatory process codified 
at 40 CFR parts 50 and 51 (Sec. Sec.  50.1, 50.14, and 51.930). These 
regulatory sections, which superseded the EPA's previous guidance on 
handling data influenced by exceptional events, contain definitions, 
procedural requirements, requirements for air agency demonstrations, 
criteria for the EPA's approval of the exclusion of event-affected air 
quality data from the data set used for regulation decisions, and 
requirements for air agencies to take appropriate and reasonable 
actions to protect public health from exceedances and violations of the 
NAAQS. On October 3, 2016 (81 FR 68216), the EPA promulgated a 
comprehensive revision to the 2007 Exceptional Events Rule. The 2016 
Exceptional Events Rule revision included the requirement that, if a 
State demonstrates to the Administrator's satisfaction that emissions 
from a wildfire smoke event cause a specific air pollution 
concentration in excess of the NAAQS at a particular air quality 
monitoring location and otherwise satisfies the requirements of 40 CFR 
50.14, the EPA must exclude that data from use in determinations of 
exceedances and violations.\7\
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    \7\ 40 CFR 50.14(b)(4).
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    The CAA provides for the exclusion of air quality monitoring data 
from design value (DV) calculations when there are NAAQS exceedances 
caused by events, such as wildfires, that meet the criteria for an 
exceptional event identified in the EPA's Exceptional Events Rule at 40 
CFR 50.1, 50.14, and 51.930. For the purposes of this proposed action, 
on March 20, 2024, DOEE on behalf of DC submitted an exceptional events 
demonstration to show that the maximum daily 8-hour average ozone 
concentration recorded at the McMillan monitor (AQS Site ID #110010043) 
on June 29, 2023, was influenced by Canadian wildfires. The EPA 
concurred on this request on July 17, 2024.\8\
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    \8\ As described in the EPA's letter titled 
``DOEE_WF_O3_Exceptional_Events_Letter RA'', provided in the docket 
of this action, DOEE requested exclusion of data associated with 
exceptional events claims for ozone data on June 1-2, 2023, and June 
29, 2023. The EPA concurred on the June 29, 2023, McMillan monitor 
day and deferred action on the remainder due to a lack of regulatory 
significance.

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[[Page 90251]]

    The EPA found that DOEE's demonstration met the Exceptional Events 
Rule criteria and determined that wildfire smoke events had regulatory 
significance for purposes of calculating the Area's most recent design 
value to make a determination of attainment by the attainment date and 
a CDD for the 2015 ozone NAAQS. As such, the EPA proposes to take final 
regulatory action on the concurred date, as an exceptional event to be 
removed from the dataset used for regulatory purposes. The rationale of 
the EPA's exceptional events proposal is detailed in the docket. For 
this proposed action, the EPA will rely on the calculated design values 
that exclude the event-influenced data for the purpose of demonstrating 
attainment of the 2015 ozone NAAQS. Further details on DOEE's analyses 
and the EPA's concurrence, including the exceptional events initial 
notification, exceptional events demonstration, and the EPA's response 
to the initial notification can be found in the docket for this 
regulatory action.
    While the EPA has concurred with DOEE's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these 
regulatory actions require the EPA to provide an opportunity for public 
comment on the claimed exceptional events and all supporting data prior 
to the EPA taking final agency action. This proposed action provides 
the public with an opportunity to comment on the claimed exceptional 
events, all supporting documents, and the EPA's concurrence with DOEE's 
request.

III. Determination of Attainment by the Attainment Date and Clean Data 
Determination

A. Determination of Attainment by the Attainment Date

    Sections 179(c)(1) and 181(b)(2)(A) of the CAA require the EPA to 
determine whether an ozone nonattainment area attained the ozone 
standard by the applicable attainment date. The EPA is required to 
issue this determination within six months of the attainment date. 
Because the ozone NAAQS is a concentration-based standard, a 
determination of attainment is based on a nonattainment area's DV as of 
the attainment date.\9\ Under the EPA regulations at 40 CFR 50.19(b) 
and 40 CFR part 50, appendix U, the 2015 ozone NAAQS is attained when 
the 3-year average of the annual fourth highest daily maximum 8-hour 
average ambient air quality ozone concentration (i.e., DV) does not 
exceed 0.070 ppm at each monitor site within the nonattainment 
area.\10\ Because the DV is based on the three most recent, complete 
calendar years of data, attainment must occur no later than the year 
prior to the attainment date. Notably, the 2015 ozone DVs are based 
solely on ozone season data.\11\ Ozone season is defined for each State 
or portion of a State at 40 CFR part 58, appendix D, section 4.1, table 
D-3. The ozone season for DC, MD, and VA runs annually from March 1st 
to October 31st.\12\
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    \9\ A design value is a statistic used to compare data collected 
at an ambient air quality monitoring site to the applicable NAAQS to 
determine compliance with the standard. The DV for the 2015 ozone 
NAAQS is the 3-year average of the annual fourth highest daily 
maximum 8-hour average ozone concentration. The DV is calculated for 
each air quality monitor in an area, and the DV for an area is the 
highest DV among the individual monitoring sites located in the 
area.
    \10\ The rounding convention in 40 CFR part 50, appendix U, 
dictates that concentrations shall be reported in ``ppm'' to the 
third decimal place, with additional digits to the right being 
truncated. Thus, a computed 3-year average ozone concentration of 
0.071 ppm is greater than 0.070 ppm and would exceed the standard, 
but a DV of 0.0709 is truncated to 0.070 and attains the 2015 ozone 
NAAQS.
    \11\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50, 
appendix U.
    \12\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58, 
appendix D, section 4.1, table D-3.
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    As such, the EPA's proposed determination for the Area is based 
upon the complete, quality-assured, quality-controlled, and certified 
ozone monitoring data from calendar years 2021, 2022, and 2023. The 
EPA's determination of attainment is based upon data that have been 
collected and quality-assured in accordance with 40 CFR part 58 and 
recorded in the EPA's AQS database.\13\ Ambient air quality monitoring 
data for the 3-year period preceding the year of the attainment date 
must meet the data completeness requirements in appendix U, section 
4(b). These completeness requirements are met for the 3-year period at 
a monitoring site if daily maximum 8-hour average concentrations of 
ozone are available for at least 90 percent of the days within the 
ozone monitoring season, on average, for the 3-year period, and no 
single year has less than 75 percent data completeness.\14\
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    \13\ The EPA maintains the AQS, a database that contains ambient 
air pollution data collected by the EPA, State, local, and Tribal 
air pollution control agencies. The AQS also contains meteorological 
data, descriptive information about each monitoring station 
(including its geographic location and its operator) and data 
quality assurance/quality control information. The AQS data is used 
to: (1) assess air quality, (2) assist in attainment/non-attainment 
designations, (3) evaluate State implementation plans for non-
attainment areas, (4) perform modeling for permit review analysis, 
and (5) prepare reports for Congress as mandated by the CAA. See 
www.epa.gov/aqs.
    \14\ As noted, the ozone season is defined for each State or 
portion of a State at 40 CFR part 58, appendix D, section 4.1, table 
D-3. The ozone season for DC, MD, and VA runs annually from March 
1st to October 31st.
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    As detailed in section III.C of this document, the EPA has 
evaluated the relevant data and determined that the Washington Area 
attained the 2015 Ozone NAAQS by the Moderate area attainment date of 
August 3, 2024, based on the area's 2021-2023 DV. Notably, a 
determination of attainment by the attainment date does not constitute 
formal redesignation to attainment as provided for under CAA section 
107(d)(3). Redesignations to attainment require, among other things, 
that the States responsible for ensuring attainment and maintenance of 
the NAAQS have met the applicable requirements under CAA section 110 
and part D, and to submit to the EPA for approval a maintenance plan to 
ensure continued attainment of the standard for 10 years following 
redesignation, as provided under CAA section 175A.

B. Clean Data Policy and Clean Data Determinations

    Following the enactment of the CAA Amendments of 1990, the EPA 
discussed its interpretation of the requirements for implementing the 
NAAQS in the ``General Preamble for the Implementation of title I of 
the CAA Amendments of 1990'' (General Preamble).\15\ In 1995, based on 
the interpretation of CAA sections 171, 172, and 182 in the General 
Preamble, the EPA set forth what has become known as its ``Clean Data 
Policy'' for the 1-hour ozone NAAQS.\16\ Under the Clean Data Policy, 
for a nonattainment area that can demonstrate attainment of the 
standard before implementing CAA nonattainment measures, the EPA 
interprets the requirements of the CAA that are specifically designed 
to help an

[[Page 90252]]

area achieve attainment, including attainment demonstrations, 
implementation of reasonably available control measures (RACM), 
reasonable further progress (RFP) demonstrations, emissions limitations 
and control measures as necessary to provide for attainment, and 
contingency measures, to be suspended for so long as air quality 
continues to meet the standard.\17\
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    \15\ 57 FR 13498, 13564 (April 16, 1992).
    \16\ See Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, entitled ``Reasonable Further 
Progress, Attainment Demonstration, and Related Requirements for 
Ozone Nonattainment areas Meeting the Ozone National Ambient Air 
Quality Standard,'' dated May 10, 1995 (1995 John S. Seitz Memo). 
Further description of the EPA's Clean Data Policy can be found in 
the ``Final Rule to Implement the 8-hour Ozone National Ambient Air 
Quality Standard--Phase 2'' (referred to as the Phase 2 Final Rule) 
(70 FR 71612, November 29, 2005). The Tenth, Seventh, and Ninth 
Circuit U.S. District Courts have upheld the EPA rulemakings 
applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d 
1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 
2004); Our Children's Earth Foundation v. EPA, No. 04-73032 (9th 
Cir., June 28, 2005) memorandum opinion.
    \17\ 1995 John S. Seitz memo.
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    The EPA may issue a CDD under the EPA's Clean Data Policy when a 
nonattainment area is attaining the 2015 ozone NAAQS based on the most 
recent available data. The EPA will determine whether the area has 
attained the 2015 ozone NAAQS based on available information, including 
air quality monitoring data for the affected area. If the CDD is made 
final, then certain attainment plan requirements for the area are 
suspended for so long as the area continues to attain the NAAQS.
    Furthermore, the suspension of the obligation to submit an 
attainment plan is only appropriate where the area remains in 
attainment of the NAAQS. A CDD under the Clean Data Policy does not 
serve to alter the area's nonattainment designation. The EPA will not 
take final action on the CDD for the Washington Area if the design 
value of a monitoring site within the Area violates the 2015 ozone 
NAAQS prior to final approval of the CDD. CDDs are not redesignations 
to attainment. As noted above, for the EPA to redesignate an area to 
attainment the State must submit, and the EPA must approve, a 
redesignation request for the area that meets the requirements of CAA 
section 107(d)(3).

C. Analysis of Air Quality Data

    The EPA has reviewed the ambient air monitoring data for ozone, 
consistent with the requirements contained in 40 CFR part 50 and 
recorded in the EPA's AQS database for the Washington Area from 2021 
through 2023. That data is detailed in tables 1 through 3 of this 
document. On the basis of that review, the EPA has concluded that the 
Washington Area attained the 2015 ozone NAAQS by the applicable 
attainment date (August 3, 2024) based on quality-assured, quality-
controlled, and certified ozone data from 2021 to 2023. Prior DVs from 
the monitoring periods 2019-2021 and 2020-2022 further support the 
EPA's conclusion that the area attained the 2015 ozone NAAQS.
    As stated previously, under the EPA's regulations, the 2015 ozone 
NAAQS is attained when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ozone concentrations at an ozone monitor 
is less than or equal to 0.070 ppm.\18\ When calculating the DV, digits 
to the right of the third decimal place are truncated.\19\ When the DV 
is less than or equal to 0.070 ppm at each monitor within the area, 
then the area is meeting the 2015 ozone NAAQS. As noted above, the 2015 
ozone DVs are based solely on ozone season data, which runs annually 
from March 1st to October 31st for DC, MD, and VA.\20\
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    \18\ See 40 CFR 50.19(b) and 40 CFR part 50, appendix U.
    \19\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50, 
appendix U.
    \20\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58, 
appendix D, section 4.1, table D-3.
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    The data completeness requirement in 40 CFR part 50, appendix U, is 
met when the average percentage of days with valid ambient monitoring 
data is greater than 90% and no single year is less than 75% data 
complete. The Washington Area has complete data for the years 2019 to 
2023, as shown in table 1 in this document, except for the Takoma 
Recreation Center monitor (AQS Site ID #110010050).
    Due to building repairs, the Takoma Recreation Center monitoring 
operations were temporarily halted from April 28 to October 7, 2022. 
During this timeframe, the DC Department of Parks and Recreation began 
repairing the Takoma Recreation Center station's roof, forcing the 
site's closure.\21\ Operations were disrupted again from April 5 to 
September 14, 2023, due to a burglary incident.\22\ Unidentified 
individuals broke into the station, broke several windows, and took the 
data logger and the computer monitor. Building security has been 
enhanced since the most recent incident, and station operations and 
data collection have resumed.
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    \21\ DOEE notified the EPA via email, included in the docket of 
this action, that the Takoma Recreation Center monitoring operations 
would be temporarily halted during the station's repair.
    \22\ DOEE notified the EPA via email, included in the docket of 
this action, that the Takoma Recreation Center monitoring operations 
would be temporarily halted due to the burglary incident. DOEE also 
noted of the temporary halt of operation in Footnote 1 on Pg. 23 of 
DOEE's 2024 Annual Ambient Air Monitoring Network Plan, included in 
the docket of this action.
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    The Takoma Recreation Center monitoring site (AQS ID #110010050) 
had a valid attaining design value in 2019-2021 of 0.066 ppm. The 
Takoma Recreation Center monitoring site has attained the 2015 ozone 
NAAQS standard of 0.070 ppm since 2016. Based on the monitoring history 
for this site and other sites in the Area, the EPA reasonably concludes 
that the Takoma Recreation Center monitoring site would not have 
exceeded the 2015 ozone NAAQS standard for the 2020-2022 or 2021-2023 
DVs. For each monitor site in the area, except for the Takoma 
Recreation Center, the average completeness data percentage from 2019-
2021, 2020-2022 and 2021-2023 is greater than 90% and no single monitor 
year is below 75% complete.

                                   Table 1--Completeness Data Percentage (%) From 2019 to 2023 for the Washington Area
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                                                                                          2019-2021                 2020-2022                 2021-2023
            Location                AQS site ID       2019         2020         2021       Average        2022       Average        2023       Average
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District of Columbia............       110010041          100           98           98           99           95           97           98           97
District of Columbia............       110010043           98           99           99           99           98           99           96           98
District of Columbia............       110010050          100           97           99           99         * 29         * 75         * 23         * 50
Calvert, MD.....................       240090011           93           96           90           93           97           94           96           94
Charles, MD.....................       240170010           90           96           98           95          100           98           98           99
Frederick, MD...................       240210037           99           94           98           97           96           96           94           96
Montgomery, MD..................       240313001           96           97           98           97           98           98           99           98
Prince George's, MD.............       240330030           96           97           95           96           89           94           96           93
Prince George's, MD.............       240338003           95           95           98           96           97           97           97           97
Prince George's, MD.............       240339991           93           92           96           94           92           93           93           94
Arlington, VA...................       510130020           99           99          100           99           99           99           99           99
Fairfax, VA.....................       510590030           98           98           99           98           98           98           98           98
Loudoun, VA.....................       511071005           90           99          100           96          100          100           97           99
Prince William, VA..............       511530009          100           99           96           98          100           98          100           99
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* This data is below the data completeness requirement in 40 CFR part 50, appendix U.

[[Page 90253]]

    Table 2 in this document shows the fourth-highest maximum 8-hour 
average ozone concentrations for the Washington Area monitors in each 
of the years 2019 to 2023. Table 3 in this document shows the ozone DV 
for these same monitors based on the average of the fourth-highest 
maximum 8-hour average ozone concentrations for the 2019-2021, 2020-
2022, and 2021-2023 3-year periods.

                 Table 2--Fourth-Highest 8-Hour Ozone Average Concentrations (ppm) in the Washington Area in Each Year From 2019 to 2023
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                        Location                            AQS site ID        2019            2020            2021            2022            2023
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District of Columbia....................................       110010041           0.062           0.054           0.064           0.059           0.058
District of Columbia....................................       110010043           0.071           0.063           0.072           0.066           0.072
District of Columbia....................................       110010050           0.067           0.063           0.069         * 0.051         * 0.046
Calvert, MD.............................................       240090011           0.058           0.054           0.062           0.058           0.066
Charles, MD.............................................       240170010           0.061           0.052           0.066           0.061           0.069
Frederick, MD...........................................       240210037           0.065           0.063           0.067           0.061           0.074
Montgomery, MD..........................................       240313001           0.062           0.059           0.068           0.063           0.068
Prince George's, MD.....................................       240330030           0.071           0.064           0.066           0.061           0.070
Prince George's, MD.....................................       240338003           0.065           0.060           0.070           0.064           0.073
Prince George's, MD.....................................       240339991           0.075           0.065           0.071           0.065           0.072
Arlington, VA...........................................       510130020           0.068           0.062           0.070           0.061           0.071
Fairfax, VA.............................................       510590030           0.070           0.057           0.068           0.062           0.073
Loudoun, VA.............................................       511071005           0.060           0.060           0.066           0.061           0.067
Prince William, VA......................................       511530009           0.060           0.057           0.062           0.058           0.070
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* This data is shown in EPA's AQS as incomplete.

                           Table 3--Ozone Design Values (ppm) for the Washington Area
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                    Location                        AQS site ID      2019-2021       2020-2022       2021-2023
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District of Columbia............................       110010041           0.060           0.059           0.060
District of Columbia............................       110010043           0.068           0.067           0.070
District of Columbia............................       110010050           0.066         * 0.061         * 0.055
Calvert, MD.....................................       240090011           0.058           0.058           0.062
Charles, MD.....................................       240170010           0.059           0.059           0.065
Frederick, MD...................................       240210037           0.065           0.063           0.067
Montgomery, MD..................................       240313001           0.063           0.063           0.066
Prince George's, MD.............................       240330030           0.067           0.063           0.065
Prince George's, MD.............................       240338003           0.065           0.064           0.069
Prince George's, MD.............................       240339991           0.070           0.067           0.069
Arlington, VA...................................       510130020           0.066           0.064           0.067
Fairfax, VA.....................................       510590030           0.065           0.062           0.067
Loudoun, VA.....................................       511071005           0.062           0.062           0.064
Prince William, VA..............................       511530009           0.059           0.059           0.063
----------------------------------------------------------------------------------------------------------------
* This data is shown in the EPA's AQS as incomplete.

    The EPA's review of these data indicates that the 2021-2023 DV at 
each of the Washington Area's monitors that has valid 2021-2023 data 
met the attainment standard of 0.070 ppm, excluding the exceptional 
event impacted monitoring day summarized in section II of this 
document.\23\ As a result, the EPA is able to determine that the 
Washington Area met the 2015 8-hour ozone standard by the applicable 
attainment date of August 3, 2024, and meets the requirements under the 
Clean Data Policy for a CDD. Prior ozone data from the 2019-2021 and 
2020-2022 monitoring periods further supports the EPA's conclusion that 
the Area attained the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \23\ Further details on DOEE's exceptional events analysis and 
the EPA's concurrence on the demonstration can be found in the 
docket for this regulatory action.
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IV. Proposed Action

    The EPA is proposing to determine that the Washington moderate 
ozone nonattainment area has attained the 2015 8-hour ozone NAAQS by 
the attainment date of August 3, 2024. This proposed determination is 
based upon complete, quality-assured, quality-controlled, and certified 
ambient air monitoring data that show the Washington Area has monitored 
attainment of the 2015 8-hour ozone NAAQS for the 2021-2023 monitoring 
period, including an evaluation of an exceptional events demonstration. 
If finalized, this action will address the EPA's obligation under CAA 
sections 179(c) and 181(b)(2) to determine whether the Washington Area 
attained the 2015 ozone NAAQS by the August 3, 2024 attainment date.
    The EPA is also re-proposing to determine that the Area has clean 
data, consistent with Agency policy described above. As provided in 40 
CFR 51.1318, if the EPA finalizes this CDD, it would suspend the 
requirements for such area to submit attainment demonstrations, 
associated RACM, RFP plans, and contingency measures under CAA section 
172(c)(9), and any other planning State implementation plan revision 
related to attainment of the 2015 8-hour ozone NAAQS for this Area, for 
so long as the Area continues to attain the standard. Finalizing either 
the attainment determination or CDD does not constitute a redesignation 
of the Washington Area to attainment for the 2015 8-hour ozone NAAQS 
under CAA section 107(d)(3). This action also does not involve 
approving any maintenance plan for the Washington Area and does not 
determine that the Washington Area has met all the requirements for 
redesignation under the CAA, including that the attainment

[[Page 90254]]

be due to permanent and enforceable measures. Therefore, the 
designation status of the Washington Area will remain nonattainment for 
the 2015 8-hour ozone NAAQS until such time as DC, MD, and VA submit a 
request for redesignation pursuant to 107(d)(3) of the CAA and the EPA 
determines that the area meets the CAA requirements for redesignation 
to attainment and takes action to redesignate the area.
    The EPA also proposes to take final agency action on an exceptional 
events request submitted by DC on March 20, 2024, and concurred on by 
the EPA on July 17, 2024.
    The EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action. The EPA previously received comments on the 2023 CDD Proposal 
(88 FR 6688, February 1, 2023). In re-proposing the CDD, the EPA will 
consider all comments received on the 2023 CDD Proposal as the Agency 
moves forward with the current rulemaking. Accordingly, commenters need 
not submit duplicate comments on the current proposal.\24\ However, the 
EPA welcomes comments providing additional information not previously 
submitted to the Agency.
---------------------------------------------------------------------------

    \24\ Comments received on the 2023 Proposal are contained in the 
same docket as the current proposal: Docket ID No. EPA-R03-OAR-2022-
0987.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    This rulemaking proposes to make an attainment determination based 
on air quality data and would, if finalized, result in the suspension 
of certain Federal requirements and would not impose any additional 
requirements. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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); and
     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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The EPA did not perform an EJ analysis and did not consider EJ in 
this action. Due to the nature of the action being taken here, this 
action is expected to have a neutral to positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income population, and 
Indigenous peoples.
    In addition, this action for the Washington Area does not have 
Tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because this action is not approved to apply in 
Indian country located in the Washington Area, and the EPA notes that 
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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-26423 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P
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