	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Parts 52 and 81

	[EPA-R03-OAR-2008-0109; FRL-        ] 

Determination of Attainment for the Ozone National Ambient Air Quality
Standards for Nonattainment Areas in Delaware, District of Columbia,
Maryland, Pennsylvania, and Virginia

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to determine that two severe 1-hour ozone
nonattainment areas, Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD and
Metropolitan Washington, DC-MD-VA, attained the 1-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of November 15, 2005.  EPA also proposes to find that these areas are
not subject to the imposition of the penalty fees under section 185 of
the Clean Air Act (CAA).  This proposal is based on three years of
complete, quality-assured ambient air quality monitoring data for 2003
through 2005 ozone seasons.  This proposed determination of attainment
is not a redesignation to attainment for these severe areas for which
air quality monitoring data indicates attainment of the standard.  EPA
is proposing this action to fulfill obligations to make such
determinations under the CAA.  

DATES: Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2008-0109 by one of the following methods:

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

B.    E-mail:  Fernandez.cristina@epa.gov

C.    Mail:   EPA-R03-OAR-2008-0109, 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-2008-0109.  EPA's policy is that all comments received will
be included in the public docket without change, and 

may be made available online at www.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
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contact information in the body of your comment and with any disk or
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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: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.

SUPPLEMENTARY INFORMATION:   

Throughout this document, “we,” “us,” and “our” refer to
EPA.

I.  What Actions Are EPA Proposing?

EPA is proposing two actions for both the
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD 1-hour ozone nonattainment
area (hereafter “the Philadelphia area”) and the Metropolitan
Washington, DC-MD-VA 1-hour ozone nonattainment area (hereafter “the
Washington area”).  

For the Philadelphia area, EPA is proposing to determine that this area
attained the 1-hour ozone NAAQS by its attainment date, November 15,
2005.   Because EPA is proposing to find that this area has attained the
1-hour ozone NAAQS by its applicable attainment date, we also propose to
find that this area is not subject to the imposition of the section 185
penalty fees.

For the Washington area, EPA is proposing to determine that this area
attained the 1-hour ozone NAAQS by its attainment date, November 15,
2005.  Because EPA is proposing to find that this area has attained the
1-hour ozone NAAQS by its applicable attainment date, we also propose to
find that this area is not subject to the imposition of the section 185
penalty fees.

Under Section 181(b)(2) of the CAA, EPA must determine whether ozone
nonattainment areas have attained the ozone NAAQS by their attainment
date.  In the case of the Philadelphia and Washington areas these
determinations are based upon air quality monitoring data for the 2003
through 2005 ozone seasons and must be based on the area’s design
value as of the attainment date.

This proposed determination of attainment is not a redesignation to
attainment action for these severe areas.  Nor is it a determination as
to whether either the Philadelphia area or Washington area has continued
to maintain attainment with the NAAQS after November 15, 2005.

II.   What Is the Background for These Proposed Actions?

A.  What Are the Geographical Boundaries of the Philadelphia and
Washington Areas?

1.  What Are the Geographical Boundaries of the Philadelphia area 1-Hour
Severe Ozone Nonattainment Area?

The Philadelphia 1-hour severe ozone nonattainment area consists of: 
Cecil County, Maryland; Kent and New Castle Counties in Delaware;
Burlington, Camden, Cumberland, Gloucester, Mercer, and Salem Counties
in New Jersey; and, Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties in Pennsylvania.

2.  What Are the Geographical Boundaries of the Washington area 1-hour
severe ozone nonattainment area?

The Washington 1-hour severe ozone nonattainment area consists of the
District of Columbia (the District), a Northern Virginia portion
(Arlington, Fairfax, Loudoun, Prince William, and Stafford Counties and
the cities of Alexandria, Falls Church, Fairfax, Manassas, and Manassas
Park), and Calvert, Charles, Frederick, Montgomery, and Prince
George’s Counties in Maryland.

B.  What is the History of the Ozone Designations and Classifications
and 1-Hour Ozone Requirements for the Philadelphia and Washington 1-Hour
Ozone Nonattainment Areas?

When the CAA Amendments were enacted in 1990, each area of the country
that was designated nonattainment for the 1-hour ozone NAAQS, including
the Philadelphia and Washington areas, were classified by operation of
law as marginal, moderate, serious, severe, or extreme depending on the
severity of the area's air quality problem.  See, CAA sections
107(d)(1)(C) and 181(a).  The Philadelphia 1-hour zone nonattainment
area was classified as “severe-15” with a statutory attainment date
of November 15, 2005.  See, 56 FR 56694, November 6, 1991.  The
Washington area was designated nonattainment and initially classified
“serious” for the 1-hour ozone NAAQS pursuant to section 181(a) of
the CAA, but was later reclassified as “severe-15” with a statutory
attainment date of November 15, 2005, due to its failure to attain by
the November 15, 1999 attainment date for serious areas.  See, 56 FR
56694, November 6, 1991 and 68 FR 3410, January 24, 2003.  

C.  What is the History of the 1-Hour Ozone Requirements under EPA’s
Anti-Backsliding Rule?

In an April 30, 2004 final rule (69 FR 23858), EPA designated and
classified most areas of the country under the 8-hour ozone NAAQS
promulgated in 40 CFR 50.10.  On April 30, 2004, EPA also issued a final
rule (69 FR 23951) entitled “Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard — Phase 1” (Phase 1 Rule).  
Among other matters, this rule revoked the 1-hour ozone NAAQS in the
Philadelphia and Washington areas (as well as most other areas of the
country), effective June 15, 2005.    See, 40 CFR 50.9(b); 69 FR at
23996; and 70 FR 44470, August 3, 2005.  This Phase 1 Rule also set
forth how anti-backsliding principles will ensure continued progress
toward attainment of the 8-hour ozone NAAQS by identifying which 1-hour
requirements remain applicable in an area after revocation of the 1-hour
ozone NAAQS.  Among the requirements not retained were the section 185
requirements for 1-hour severe or extreme nonattainment areas that fail
to attain the 1-hour ozone NAAQS by the applicable 1-hour attainment
date and the requirement to implement contingency measures for failure
to attain the 1-hour ozone NAAQS by the applicable attainment date. 
See, 69 FR 23951, April 30, 2004, and 70 FR 30592, May 26, 2005.  

On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) vacated EPA(s Phase 1 Implementation Rule
for the 8-hour Ozone Standard (69 FR 23951, April 30, 2004).  South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006).  Subsequently, in South Coast Air Quality Management Dist. v.
EPA, 489 F.3d 1295 (D.C. Cir. 2007), in response to several petitions
for rehearing, the Court clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. With respect to the challenges to the anti-backsliding
provisions of the rule, the Court vacated three provisions that would
have allowed States to remove from the SIP or to not adopt three 1-hour
obligations once the 1-hour ozone NAAQS was revoked: (1) nonattainment
area new source review (NSR) requirements based on an area(s 1-hour
nonattainment classification; (2) section 185 requirement for 1-hour
severe or extreme nonattainment areas that fail to attain the 1-hour
ozone NAAQS by the 1-hour attainment date; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS or for failure to attain that NAAQS.  The
Court clarified that 1-hour conformity determinations are not required
for anti-backsliding purposes.  

The provisions in 40 CFR 51.905(a)-(c) remain in effect and areas must
continue to meet those anti-backsliding requirements.  However, the
three provisions noted previously, which are specified in 51.905(e),
were vacated by the Court.  As a result, States must continue to meet
the obligations for 1-hour NSR; 1-hour contingency measures; and, for
severe and extreme areas, the obligations related to the section 185
requirement.  Currently, EPA is developing two proposed rules to address
the Court’s vacatur and remand with respect to these three
requirements.  We will address in this proposed rule how the 1-hour
obligations that currently continue to apply under EPA’s
anti-backsliding rule (as interpreted by the Court) apply where EPA has
made a determination that the area attained the 1-hour ozone NAAQS by
its attainment date.  

D.  What are the Section 185 Requirements Pertinent to this Proposed
Action?

Section 185(a) of the CAA states that for a severe or extreme ozone
nonattainment a State must collect fees on certain stationary sources of
air pollution if the area “has failed to attain the national primary
ambient air quality standard for ozone by the applicable attainment
date.”  

E.  What Are the Data Rounding Conventions for the 1-Hour Ozone NAAQS?

Although the 1-hour ozone NAAQS as promulgated in 40 CFR 50.9 includes
no discussion of specific data handling conventions, our publicly
articulated position and the approach long since universally adopted by
the air quality management community is that the interpretation of the
1-hour ozone standard requires rounding ambient air quality data
consistent with the stated level of the standard, which is 0.12 parts
per million (ppm).  40 CFR 50.9(a) states that: “The level of the
national 1-hour primary and secondary ambient air quality standards for
ozone … is 0.12 parts per million. … The standard is attained when
the expected number of days per calendar year with maximum hourly
average concentrations Pennsylvania 0.12 parts per million … is equal
to or 

less than 1, as determined by appendix H to this part.” 

We have clearly communicated the data handling conventions for the
1-hour ozone NAAQS in guidance documents.  As early as 1979, EPA issued
guidance that the level of our NAAQS dictates the number of significant
figures to be used in determining whether the standard was exceeded. 
The stated level of the standard is taken as defining the number of
significant figures to be used in comparisons with the standard.  For
example, a standard level of 0.12 ppm means that measurements are to be
rounded to two decimal places (0.005 rounds up), and, therefore, 0.125
ppm is the smallest concentration value in excess of the level of the
standard.  See, “Guideline for the Interpretation of Ozone Air Quality
Standards,” EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979.  EPA
has consistently applied the rounding convention in this 1979 guideline.
 For example, see, 68 FR 19106 at 19111, April 17, 2003; 68 FR 62041 at
62043, October 31, 2003; and, 69 FR 21717 at 21719, April 22, 2004.   

F.  How Do We Make Attainment Determinations?

Section 181(b)(2)(A) requires the Administrator to determine after the
attainment date whether ozone nonattainment areas have attained the
NAAQS.  This provision states:  “Within 6 months following the
applicable attainment date (including any extension thereof) for an
ozone nonattainment area, the Administrator shall determine, based on
the area’s design value (as of the attainment date), whether the area
attained the standard by the date.”  Although section 181(b)(2)(A)
states that the determination of attainment status be based on the
area's “design value,” EPA interprets this provision generally to
refer to EPA's methodology for determining attainment status.  That is,
EPA determines attainment status under the 1-hour ozone NAAQS on the
basis of the annual average number of expected exceedances of the NAAQS
over the 3-year period up to, and including, the attainment date.  See,
60 FR 3349, January 17, 1995.  See, also, “General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,” 57
FR 13498 at 13506, April 16, 1992 (the “General Preamble”).  

We will determine whether an area's air quality is meeting the NAAQS for
purposes of sections 181(b)(2) based upon data that has been collected
and quality-assured in accordance with 40 CFR part 58, and recorded in
EPA’s Air Quality System (AQS) database, (formerly known as the
Aerometric Information Retrieval System (AIRS)).  

The 1-hour ozone NAAQS is 0.12 ppm, not to be exceeded on average more
than 1 day per year averaged over any 3-year period.  See, 40 CFR 50.9
and appendix H to 40 CFR part 50.  To account for missing data, the
procedures found in appendix H to 40 CFR part 50 are used to adjust the
actual number of monitored exceedances of the standard to yield the
annual number of expected exceedances (“expected exceedance days”)
at an air quality monitoring site.  Under our policies, we determine if
an area has attained the 1-hour ozone NAAQS by calculating, at each
monitor, the average expected number of days over the standard per year
(i.e., “average number of expected exceedance days”) during the
applicable 3-year period.   See, generally the General Preamble, 57 FR
at 13506, April 16, 1992 and Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, EPA, to Regional Air Office
Directors; “Procedures for Processing Bump Ups and Extensions for
Marginal Ozone Nonattainment  Areas,” February 3, 1994.  While the
latter is explicitly applicable only to marginal areas, the general
procedures for evaluating attainment in terms of the average number of
expected exceedance days during the applicable 3-year period in this
memorandum apply regardless of the initial classification of an area
because all findings of attainment are made pursuant to the same CAA
requirements in section 181(b)(2). 

As noted previously, the applicable attainment date under the 1-hour
ozone NAAQS for both the Philadelphia and Washington areas was November
15, 2005.  Under these requirements, for severe ozone nonattainment
areas with a statutory attainment date of November 15, 2005, we have
based our proposed determination of attainment of the 1-hour ozone NAAQS
by the applicable attainment date on the average number of expected
exceedance days per year for the period 2003 though 2005 to determine
whether the area met its applicable attainment date under section 181 of
the CAA.  We have reviewed this data to determine the area's air quality
status in accordance with 40 CFR 50.9, and EPA policy guidance as
discussed in the preceding paragraphs and in the previous discussion on
rounding conventions elsewhere in the is document.   

III. What is Basis for EPA's Proposed Determinations of Attainment under
Section 181?

A. How Did We Determine That the Philadelphia and Washington Areas
Attained the 1-Hour Ozone NAAQS by the Applicable Attainment Date?

From 2003 through 2005, ambient air quality for ozone was monitored on a
continuous basis at 18 monitoring sites within the Philadelphia area and
at 17 monitoring sites in the Washington area.  As noted previously, the
applicable attainment date for both the Philadelphia and Washington
severe 1-hour ozone nonattainment areas was November 15, 2005.  We are
evaluating attainment based on the data from 2003 through 2005.  

1.  Summary of the Philadelphia Area’s Ozone Data for 2003 to 2005

During the entire 2003 to 2005 period, 18 ozone monitoring stations in
the Philadelphia area were in operation.  One other monitor discontinued
operations in 2003.  Table 1.A summarizes the ozone data collected at
the 18 ozone monitoring stations during the 2003 to 2005 period and
included in AQS for the Philadelphia area.  This data has been quality
assured and is recorded in AQS.  The Philadelphia area States use the
AQS as the permanent database to maintain its data and quality assure
the data transfers and content for accuracy.  We have used the
established rounding conventions set forth in our guidance documents and
regulations.  

   

Table 1.A -- Average Number of Ozone Expected Exceedance Days per Year
by Monitors in the Philadelphia area 2003 to 2005



Monitor Information	

Number of Expected  Exceedance Days	Average Number of Expected
Exceedance Days Per Year

State	Monitor 	AQS ID No.	2003	2004	2005	2003-05

DE	Killens Pond Rd, Kent County	100010002	1.0	0.0	0.0	0.3

DE	Lums Pond State Park, New Castle County	100031007	1.0	0.0	2.0	1.0

DE	Brandywine Creek State Park, New Castle County	100031010	0.0	0.0	0.0
0.0

DE	Bellevue State Park, New Castle County	100031013	0.0	0.0	0.0	0.0

MD	Fairhill, Cecil County	240150003	0.0	0.0	2.0	0.7

NJ	Copewood E. Davis Sts, Camden	340070003	0.0	0.0	0.0	0.0

NJ	Ancora State Hospital, Camden County	340071001	2.0	0.0	0.0	0.7

NJ	Lincoln Ave.&Highway 55, Vineland, Cumberland County	340110007	1.0
0.0	1.0	0.7

NJ	Shady Lane Rest Home, Clarksboro, Gloucester County	340150002	2.0	0.0
0.0	0.7

NJ	Rider College, Mercer County	340210005	0.0	0.0	0.0	0.0

PA	Rockview Lane, Bristol, Bucks County	420170012	0.0	0.0	1.0	0.3

PA	New Garden Airport - Toughkenamon, Chester County	420290100	0.0	0.0
1.0	0.3

PA	Front St & Norris St, Chester, Delaware County	420450002	0.0	0.0	1.1
0.4

PA	State Armory, Norristown, Montgomery County	420910013	0.0	0.0	0.0	0.0

PA	1501 E Lycoming Ave AMS Lab, Philadelphia	421010004	0.0	0.0	0.0	0.0

PA	Roxy Water Pump Sta, Philadelphia	421010014	0.0	0.0	0.0	0.0

PA	Grant-Ashton Roads,  NE Airport, Philadelphia	421010024	0.0	0.0	2.0
0.7

PA	Amtrak, 5917 Elmwood Avenue, Philadelphia	421010136	0.0	0.0	0.0	0.0

Source: EPA AQS Database.

As shown in Table 1.A, the average number of expected exceedance days
per year is less than or equal to 1.0 at all of the sites. Therefore, we
propose to find that the Philadelphia area attained the 1-hour ozone
NAAQS by November 15, 2005, which was the applicable attainment date
under the 1-hour ozone NAAQS for this nonattainment area.

2. Summary of the Washington Area’s Ozone Data for 2003 to 2005

During the entire 2003 to 2005 period, there were 17 ozone monitoring
stations in the Washington area were in operation.  One other monitor
had discontinued operations in 2003.  Table 1.B summarizes the ozone
data collected at the ozone monitoring stations during the 2003 to 2005
period and included in AQS for the Washington area.  This data has been
quality assured and is recorded in AQS.  The Washington area States use
the AQS as the permanent database to maintain its data and quality
assure the data transfers and content for accuracy.  We have used the
established rounding conventions set forth in our guidance documents and
regulations.  

Table 1.B -- Average Number of Ozone Expected Exceedance Days per Year
by Monitors in the Washington Area 2003 to 2005



Monitor Information	

Number of Expected  Exceedance Days	Average Number of Expected
Exceedance Days Per Year

State	Monitor 	AQS ID No.	2003	2004	2005	2003-05

DC	Tacoma School, Washington	110010025 	0.0	0.0	0.0	0.0

DC	River Terrace, 34th and Dix Streets, NE, Washington	110010041 	0.0
0.0	0.0	0.0

DC	McMillan Reservoir, 2500 1st Street, NW, Washington	110010043 	0.0
0.0	0.0	0.0

MD	Calvert County	240090011 	Note 1	Note 1	0.0	Note 1

MD	Southern Maryland, Charles County	240170010 	1.0	0.0	0.0	0.3

MD	Frederick County	240210037 	0.0	0.0	0.0	0.0

MD	Rockville, Montgomery County	240313001 	1.1	0.0	0.0	0.4

MD	Howard University's Beltsville Laboratory, Beltsville, Prince
George's County	240330030	Note 1	Note 1	0.0	Note 1

MD	P.G. County Equestrian Cntr,, Prince George's County 	240338003	2.0
0.0	0.0	0.7

VA	18th And Hayes St, Arlington County	510130020 	1.0	0.0	0.0	0.3

VA	Cub Run Lee Rd, Chantilly, Fairfax County	510590005 	0.0	0.0	0.0	0.0

VA	Mount Vernon, Fairfax County	510590018 	2.0	1.0	0.0	1.0

VA	Lee Park, Franconia, Fairfax County 	510590030 	1.0	1.0	0.0	0.7

VA	6507 Columbia Pike, Annandale, Fairfax County	510591005	1.0	0.0	0.0
0.3

VA	Mc Lean, Fairfax County	510595001 	0.0	1.0	0.0	0.3

VA	Ashburn, Loudoun County	511071005 	0.0	1.0	0.0	0.3

VA	Long Park, Prince William County	511530009 	0.0	0.0	0.0	0.0

VA	Widewater, Stafford County	511790001 	0.0	0.0	0.0	0.0

VA	Alexandria City	515100009 	0.0	1.0	0.0	0.3

Source: EPA AQS Database.

Notes:  1. These two additional monitoring sites commenced operations in
2005.  Because neither of these two monitoring sites recorded an
exceedance of the 1-hour ozone NAAQS in 2005, EPA concludes that these
monitors were attaining the 1-hour ozone NAAQS in 2005.  

As shown in Table 1.B, the average number of expected exceedance days
per year is less than or equal to 1.0 at all of the sites.  Therefore,
we propose to find that the Washington area attained the 1-hour ozone
NAAQS by November 15, 2005, which was the applicable attainment date
under the 1-hour ozone NAAQS for this nonattainment area.

IV.   What Would Be The Consequences Of This Proposed Action?

Because the area has attained the 1-hour ozone NAAQS by the applicable
attainment date, the area is not subject to the requirement to implement
contingency measures for failure to attain the 1-hour ozone NAAQS by its
attainment date.  Since the area has met its attainment deadline, even
if the area subsequently lapses into nonattainment, it would not be
required to implement the contingency measures for failure to attain the
1-hour ozone NAAQS by its attainment date.

If a severe or extreme 1-hour ozone nonattainment area attains by its
1-hour ozone attainment date, it would not be required to implement the
section 185 penalty fees program.  Section 185(a) of the CAA states that
a severe or extreme ozone nonattainment must implement a program to
impose fees on certain stationary sources of air pollution if the area
“has failed to attain the national primary ambient air quality
standard for ozone by the applicable attainment date.”  Consequently,
if such an area has attained the standard as of its applicable
attainment date, even if it subsequently lapses into nonattainment, the
area would not be required to implement the section 185 penalty fees
program.  Because EPA is proposing to find that the area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that the area is not subject to the imposition of the
section 185 penalty fees. 

V.   Proposed Actions

A.  Philadelphia Area

Based upon EPA's review of the air quality data for the 3-year period
2003 to 2005, EPA is proposing to determine that the Philadelphia severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005.  EPA also proposes to
find that this area is not subject to the imposition of the section 185
penalty fees. 

B.  Washington Area

Based upon EPA's review of the air quality data for the 3-year period
2003 to 2005, EPA is proposing to determine that the Washington severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005.  EPA also proposes to
find that this area is not subject to the imposition of the section 185
penalty fees. 

VI.   Statutory and Executive Order Reviews   

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 also not subject
to Executive Order 13211, "Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use"  (66 Fed. Reg.
28355 (May 22, 2001)).  This proposed action merely proposes to find
that an area has attained a previously-established NAAQS based on an
objective review of measured air quality data and imposes no additional
requirements.  Accordingly, the Administrator certifies that this
proposed 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 does not impose any
additional enforceable duties, it does not contain any unfunded mandate
or significantly or uniquely affect small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4).  This
proposed rule also does 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), nor will it 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 proposes to determine that each of two areas has
attained a Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA.  This
proposed rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant.

This rule does not involve establishment of technical standards, and
thus, 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. 
 As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988)
by examining the takings implications of the rule in accordance with the
(Attorney General(s Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings( 

issued under the executive order.  These proposed rules to determine
that the Philadelphia and Washington severe zone nonattainment areas
attained the 1-hour ozone NAAQS and are not required to impose section
185 penalty fees does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects:

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds. 



40 CFR Part 81

Air pollution control, National Parks, Wilderness Areas.

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

__April 15, 2008______________           ____________/s/________________

Dated:                                                      William T.
Wisniewski, Acting

                                                                
Regional Administrator,

                                                                 Region
III.

   EPA remains obligated under section 181(b)(2)  to determine whether
an area attained the 1-hour ozone NAAQS

by its attainment date.  However, after the revocation of the 1-hour
ozone NAAQS, EPA is no longer obligated to reclassify an area to a
higher classification for the 1-hour NAAQS based upon a determination
that the area failed to attain the 1-hour NAAQS by the area's attainment
date for the 1-hour NAAQS. (40 CFR 51.905(e)(2)(i)(B).  Thus

 even if we make a finding that an area has failed to attain the 1-hour
ozone NAAQS by its attainment date, the area would not be reclassified
to a higher classification.

 This was the monitor located at West Chester University in West
Chester, Chester County, Pennsylvania (AQS ID# 420290050).  The monitor
had averaged of 0.3 exceedances per year over this 3-year period from
2001 to 2003.  Therefore, EPA concludes that this monitor was attaining
the 1-hour ozone NAAQS at the time monitoring ceased at this site.

  This was the monitor located at the Goddard Space Flight Center in
Greenbelt, Prince George's County, Maryland (AQS Id# 240330002).  This
monitor had averaged of 0.7 exceedances per year over this 3-year period
from 2001 to 2003.  Therefore, EPA concludes that this monitor was
attaining the 1-hour ozone NAAQS at the time monitoring ceased at this
site.

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