[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Rules and Regulations]
[Pages 1146-1148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31305]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0736; FRL-8759-7]
Approval and Promulgation of Air Quality Implementation Plans;
the Metropolitan Washington Nonattainment Area; Determination of
Attainment of the Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 fine particle (PM2.5)
National Ambient Air Quality Standard (NAAQS) has attained the 1997
PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on January 12,
2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0736. 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: Melissa Linden, (215) 814-2096, or by
e-mail at [email protected].
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. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5
[[Page 1147]]
NAAQS. This determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 PM2.5 NAAQS since the
2004-2006 monitoring period, and monitoring data that continue to show
attainment of the 1997 PM2.5 NAAQS based on the 2005-2007
data. In addition, quality controlled and quality assured monitoring
data submitted during the calendar year 2008, which are available in
the EPA Air Quality System (AQS) database, but not yet certified, show
this area continues to attain the 1997 PM2.5 NAAQS.
Other specific requirements of the determination and the rationale
for EPA's proposed action are explained in the notice of proposed
rulemaking (NPR) published on October 22, 2008 (73 FR 62945) and will
not be restated here. A public comment was received supporting the
determination proposed in the NPR.
II. What Is the Effect of This Action?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit attainment demonstrations and
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning state
implementation plans (SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area continues to attain the
1997 PM2.5 NAAQS.
III. When Is the Action Effective?
EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 553(d)(3), which allows an effective date less than 30
days after publication ``as otherwise provided by the agency for good
cause found and published with the rule.'' As noted above, this
determination of attainment suspends the requirements for the
Washington Metropolitan nonattainment area to submit an attainment
demonstration and associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and any other
planning SIPs related to attainment of the standard for so long as the
area continues to attain the 1997 PM2.5 NAAQS. The
suspension of these requirements is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In
addition, the Metropolitan Washington, DC-MD-VA nonattainment area's
suspension from these requirements provide good cause to make this rule
effective on the date of publication of this action in the Federal
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule suspends
requirements rather than imposing obligations, affected parties, such
as the Commonwealth of Virginia, the District of Columbia and the State
of Maryland do not need time to adjust and prepare before the rule
takes effect.
IV. Final Action
EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show that the area has monitored attainment of the 1997
PM2.5 NAAQS since the 2004-2006 monitoring period, and
continues to monitor attainment of the standard based on the 2005-2007
data. This final action, in accordance with 40 CFR 51.1004(c), will
suspend the requirements for this area to submit attainment
demonstrations and associated reasonably available control measures,
reasonable further progress plans, contingency measures, and other
planning SIPs related to attainment of the 1997 PM2.5 NAAQS
for so long as the area continues to attain the 1997 PM2.5
NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action makes a
determination based on air quality data, and would, if finalized,
result in the suspension of certain Federal requirements. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
makes a determination based on air quality data, and results in the
suspension of certain Federal requirements, it 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).
This rule also does not have tribal applications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks'' (62 FR 19885, April 23,
1997) because it determines that air quality in the affected area is
meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures that other wise satisfy the provisions of the
CAA.
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Under Executive Order 12898, EPA finds that this rule involves a
determination of attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area,
[[Page 1148]]
including minority and low-income communities.
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 this action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 13, 2009. 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 of such rule or
action.
This action, pertaining to the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 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, Particulate matter, Reporting and recordkeeping
requirements.
Dated: December 19, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
0
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. Section 52.477 is added to read as follows:
Sec. 52.477 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the District of Columbia portion of the Metropolitan Washington,
DC-MD-VA nonattainment area for the 1997 PM2.5 NAAQS has
attained the 1997 PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration and 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 the area continues to attain the 1997
PM2.5 NAAQS.
Subpart V--Maryland
0
3. Section 52.1081 is added to read as follows:
Sec. 52.1081 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and 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 the area continues to attain the 1997 PM2.5 NAAQS.
Subpart VV--Virginia
0
4. Section 52.2429 is added to read as follows:
Sec. 52.2429 Control strategy: Particulate matter.
Determination of Attainment. EPA has determined, as of January 12,
2009, the Virginia portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and 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 the area continues to attain the 1997 PM2.5 NAAQS.
[FR Doc. E8-31305 Filed 1-9-09; 8:45 am]
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