[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38154-38158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18393]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0547; FRL-8938-5]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Clean Data for the 1997 Fine
Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the West Virginia portions
of three nonattainment areas for the 1997 fine particulate
(PM2.5) National Ambient Air Quality Standard (NAAQS) have
clean data for the 1997 PM2.5 NAAQS. These are Berkeley
County, part of the Hagerstown-Martinsburg MD-WV nonattainment area;
Wood County, part of the Parkersburg-Marietta WV-OH nonattainment area;
and Marshall County and Ohio County, part of the Wheeling WV-OH
nonattainment area, hereinafter referred to in this notice as the West
Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta,
and Wheeling PM2.5 nonattainment areas. This proposed
determination is based upon quality assured, quality controlled, and
certified ambient air monitoring data that show that these areas have
monitored attainment of the 1997 PM2.5 NAAQS based on 2006-
2008 data. In addition, quality controlled and quality assured
monitoring data for 2009 that are available in the EPA Air Quality
System (AQS) database, but not yet certified, show these areas continue
to have clean data for the 1997 PM2.5 NAAQS. If this
proposed determination is made final, the requirements for these areas
to submit an attainment demonstration, associated reasonably available
measures, a reasonable further progress plan, contingency measures, and
other planning State Implementation Plans (SIPs) related to attainment
of the standard shall be suspended for so long as the area continues to
meet the 1997 PM2.5 NAAQS.
DATES: Written comments must be received on or before August 31, 2009.
[[Page 38155]]
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2009-0547, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0547. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
atwww.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at [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. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is proposing to determine that the West Virginia portions of
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling
PM2.5 nonattainment areas have clean data for the 1997
PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show these areas have monitored attainment of the 1997
PM2.5 NAAQS based on 2006-2008 data. In addition, quality
controlled and quality assured monitoring data for 2009 that are
available in the EPA AQS database, but not yet certified, show this
area continues to attain the 1997 PM2.5 NAAQS.
II. What Is the Effect of This Action?
If this determination is made final, under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR section 51.1004(c)),
the requirements for the West Virginia portions of the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5
nonattainment areas to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS would be suspended for so
long as these areas continue to meet the 1997 PM2.5 NAAQS.
As further discussed below, the proposed determination would: (1)
For the West Virginia portions of the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment
areas, suspend the requirements to submit an attainment demonstration,
associated reasonably available control measures (RACM) (including
reasonably available control technologies (RACT)), a reasonable further
progress (RFP) plan, contingency measures, and any other planning SIPs
related to attainment of the 1997 PM2.5 NAAQS; (2) continue
until such time, if any, that EPA subsequently determines that these
areas have violated the 1997 PM2.5 NAAQS; (3) be separate
from, and not influence or otherwise affect, any future designation
determination or requirements for the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling areas based on the 2006
PM2.5 NAAQS; and (4) remain in effect regardless of whether
EPA designates these areas as nonattainment areas for purposes of the
2006 PM2.5 NAAQS. Furthermore, as described below, any such
final determination would not be equivalent to the redesignation of the
area to attainment based on the 1997 PM2.5 NAAQS.
If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that these
areas have violated the 1997 PM2.5 NAAQS, the basis for the
suspension of the specific requirements, set forth at 40 CFR section
51.1004(c), would no longer exist, and these areas would thereafter
have to address the pertinent requirements.
EPA's determination that the air quality data for these areas shows
clean data for the 1997 PM2.5 NAAQS, as proposed in this
Federal Register notice, is not equivalent to the redesignation of the
areas to attainment. This proposed action, if finalized, would not
constitute a redesignation to attainment under section 107(d)(3) of the
Clean Air Act (CAA), because we would not yet have an approved
maintenance plan for these areas as required under section 175A of the
CAA, nor a determination that these areas have met the other
requirements for redesignation. The designation status of these areas
would remain nonattainment for the 1997 PM2.5 NAAQS until
such time as EPA determines that these areas meet the CAA requirements
for redesignation to attainment.
This proposed action, if finalized, is limited to a determination
that the West Virginia portions of the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas
have clean data for the 1997 PM2.5 NAAQS. The 1997
PM2.5 NAAQS
[[Page 38156]]
became effective on July 18, 1997 (62 FR 36852) and are set forth at 40
CFR section 50.7. The 2006 PM2.5 NAAQS, which became
effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR
section 50.13. At this point, EPA is currently in the process of making
designation determinations, as required by CAA section 107(d)(1), for
the 2006 PM2.5 NAAQS. EPA has not made any designation
determination for the Hagerstown-Martinsburg, Parkersburg-Marietta, and
Wheeling areas based on the 2006 PM2.5 NAAQS. This proposed
determination, and any final determination, will have no effect on, and
is not related to, any future designation determination that EPA may
make based on the 2006 PM2.5 NAAQS for the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling areas. Conversely, any
future designation determination of the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling areas, based on the 2006
PM2.5 NAAQS, will not have any effect on the determination
proposed by this notice.
If this proposed determination is made final and the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas
continue to demonstrate attainment with the 1997 PM2.5
NAAQS, the requirements for the West Virginia portions of the
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling
nonattainment areas to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS would remain suspended,
regardless of whether EPA designates this area as a nonattainment area
for purposes of the 2006 PM2.5 NAAQS. Once the area is
designated for the 2006 NAAQS, it will have to meet all applicable
requirements for that designation.
III. What Is the Background for This Action?
On July 18, 1997 (62 FR 36852), EPA established a health-based
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/
m3) based on a 3-year average of annual mean
PM2.5 concentrations, and a twenty-four hour standard of 65
[mu]g/m3 based on a 3-year average of the 98th percentile of
24-hour concentrations. EPA established the standards based on
significant evidence and numerous health studies demonstrating that
serious health effects are associated with exposures to particulate
matter. The process for designating areas following promulgation of a
new or revised NAAQS is contained in section 107(d)(1) of the CAA. EPA
and State air quality agencies initiated the monitoring process for the
1997 PM2.5 NAAQS in 1999, and developed all air quality
monitors by January 2001. On January 5, 2005 (70 FR 944), EPA published
its air quality designations and classifications for the 1997
PM2.5 NAAQS based upon air quality monitoring data from
those monitors for calendar years 2001-2003. These designations became
effective on April 5, 2005. The Hagerstown-Martinsburg nonattainment
area (Berkeley County, WV and Washington County, MD), the Parkersburg-
Marietta nonattainment area (Wood County, WV and Washington County,
OH), and the Wheeling nonattainment area (Marshall County, WV, Ohio
County, WV, and Belmont County, OH) were designated nonattainment for
the 1997 PM2.5 NAAQS (see 40 CFR part 81).
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
EPA has reviewed the ambient air monitoring data for
PM2.5, consistent with the requirements contained in 40 CFR
part 50 and recorded in the EPA AQS database for the Hagerstown-
Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5
nonattainment areas from 2006 to the present time. On the basis of that
review, EPA has concluded that these areas are meeting the 1997
PM2.5 NAAQS based on 2006-2008 data. In addition, quality
controlled and quality assured monitoring data for 2009 that are
available in the EPA AQS database, but not yet certified, show these
areas continue to attain the 1997 PM2.5 NAAQS.
Under EPA regulations at 40 CFR Part 50, section 50.7:
(1) The annual primary and secondary PM2.5 standards are
met when the annual arithmetic mean concentration, as determined in
accordance with 40 CFR Part 50, Appendix N, is less than or equal to
15.0 [mu]g/m3;
(2) The 24-hour primary and secondary PM2.5 standards
are met when the 98th percentile 24-hour concentration, as determined
in accordance with 40 CFR Part 50, Appendix N, is less than or equal to
65 [mu]g/m3.
Tables 1.a, 1.b, and 1.c show the 2006-2008 design values for the
1997 Annual PM2.5 NAAQS for the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling nonattainment area monitors,
respectively. Table 2.a, 2.b, and 2.c show the 2006-2008 design values
for the 1997 24-Hour PM2.5 NAAQS for these same respective
monitors. All design values in the tables are in micrograms per cubic
inch ([mu]g/m3).
Table 1.a--Annual Design Values for Hagerstown-Martinsburg MD-WV
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1997 Annual 2006-2008
Location AQS site ID PM2.5 standard Design values
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Berkeley County, WV............................................. 540030003 15 14.9
Washington County, MD........................................... 240430009 15 12.2
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Table 1.b--Annual Design Values for Parkersburg-Marietta WV-OH
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1997 Annual 2006-2008
Location AQS site ID PM2.5 standard Design values
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Wood County.................................................. 541071002 15 14.6
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.
[[Page 38157]]
Table 1.c--Annual Design Values for Wheeling WV-OH
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1997 Annual 2006-2008
Location AQS site ID PM2.5 standard Design values
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Marshal County, WV.............................................. 540511002 15 14.2
Ohio County, WV................................................. 540690010 15 13.7
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.
Table 2.a--24-Hour Design Values for Hagerstown-Martinsburg MD-WV
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1997 24-Hour 2006-2008
Location AQS site ID PM2.5 standard Design values
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Berkeley County, WV............................................. 540030003 65 31
Washington County, MD........................................... 240430009 65 30
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Table 2.b--24-Hour Design Values for Parkersburg-Marietta WV-OH
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1997 24-Hour 2006-2008
Location AQS site ID PM2.5 standard Design values
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Wood County, WV.............................................. 541071002 65 34
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.
Table 2.c--24-Hour Design Values for Wheeling WV-OH
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1997 24-Hour 2006-2008
Location AQS site ID PM2.5 standard Design values
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Marshall County, WV............................................. 540511002 65 34
Ohio County, WV................................................. 540690010 65 31
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Note: There are no PM2.5 monitors in the Ohio portion of this nonattainment area.
EPA's review of these data indicate that the Martinsburg-Hagerstown
MD-WV, Parkersburg-Marietta WV-OH, and Wheeling WV-OH nonattainment
areas have met and continue to meet the 1997 PM2.5 NAAQS.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
V. Proposed Action
EPA is proposing to determine that the West Virginia portions of
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling
nonattainment areas have clean data for the 1997 PM2.5
NAAQS. As provided in 40 CFR section 51.1004(c), if EPA finalizes this
determination, it would suspend the requirements for these areas to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and any other planning SIPs related to attainment of the 1997
PM2.5 NAAQS so long as these areas continue to attain the
1997 PM2.5 NAAQS.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed determination that the West Virginia
portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, and
Wheeling nonattainment areas have clean data for the 1997
PM2.5 standard does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that
[[Page 38158]]
it will not impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 23, 2009.
Judith M. Katz,
Acting Regional Administrator, Region III.
[FR Doc. E9-18393 Filed 7-30-09; 8:45 am]
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