Federal Register: January 12, 2009 (Volume 74, Number 7)
DOCID: fr12ja09-4 FR Doc E8-31305
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R03-OAR-2008-0736; FRL-8759-7]
NOTICE: RULES
DOCID: fr12ja09-4
ACTION: Approval and Promulgation of Air Quality Implementation Plans:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; the Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard
DATES: Effective Date: This final rule is effective on January 12, 2009.
DOCUMENT SUMMARY:
EPA is determining that the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 fine particle (PM
SUMMARY:
Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard,
SUPPLEMENTAL 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, DCMDVA
nonattainment area for the 1997 PM
[[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 PM
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
PM
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 PM
IV. Final Action
EPA is determining that the Metropolitan Washington, DCMDVA
nonattainment area for the 1997 PM
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 lowincome 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, DCMDVA
nonattainment area for the 1997 PM
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.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart JDistrict of Columbia
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,
DCMDVA nonattainment area for the 1997 PM
Subpart VMaryland
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, DCMDVA
nonattainment area for the 1997 PM
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, DCMDVA
nonattainment area for the 1997 PM
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Melissa Linden, (215) 814-2096, or by email at linden.melissa@epa.gov.