	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:	Final rule.

SUMMARY:  EPA has determined that two severe 1-hour ozone nonattainment
areas, Philadelphia-Wilmington-Trenton, and the Metropolitan Washington,
DC, attained the 1-hour ozone National Ambient Air Quality Standards
(NAAQS) by the applicable attainment date of November 15, 2005.  EPA has
also determined that these areas are not subject to the imposition of
the penalty fees under section 185 of the Clean Air Act (CAA).  These
determinations of attainment are not a redesignation to attainment for
these severe areas for which air quality monitoring data indicates
attainment of the standard.  EPA is issuing this final action to fulfill
obligations to make such determinations under the CAA.  

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0109.  All documents in the docket are listed in
the www.regulations.gov website.  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: Christopher Cripps, (215) 814 2179, or
by e-mail at   HYPERLINK "mailto:cripps.christopher@epa.gov" 
cripps.christopher@epa.gov .

SUPPLEMENTARY INFORMATION:  

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

I.	Background	

On April 28, 2008, (73 FR 22896), EPA published a notice of proposed
rulemaking (NPR) for these actions.  The NPR proposed to determine that
two severe 1-hour ozone nonattainment areas,
Philadelphia-Wilmington-Trenton, and Metropolitan Washington, DC,
attained the 1-hour ozone NAAQS by the applicable attainment date of
November 15, 2005, and, proposed to find that these areas are not
subject to the imposition of the penalty fees under section 185 of the
CAA.  These proposals were based on three years of complete,
quality-assured ambient air quality monitoring data for 2003 through
2005 ozone seasons.  These proposed determinations of attainment were
not a redesignation to attainment for these severe areas for which air
quality monitoring data indicates attainment of the standard.  

We received two letters supporting the proposed actions and received no
adverse public comments on the NPR.  The background for this action, the
requirements of section 185 of the CAA, and the rationale for EPA's
proposed action are explained in the NPR and will not be restated here. 


The geographic boundaries of each nonattainment area affected by this
action can be found in the NPR (73 FR 22896 at 22896-22897, April 28,
2008).  See also, the tables entitled “Ozone (1-Hour Standard)” in
the following sections of 40 CFR part 81:  Sections 81.308, 81.309,
81.321, 81.339 and 81.347 for Delaware, the District of Columbia,
Maryland, Pennsylvania, and Virginia, respectively.  Note that for each
State the codification of these determinations in 40 CFR part 52 the
name of the 1-hour severe ozone nonattainment area used is the name of
that area as it appears in the table entitled “Ozone (1-Hour
Standard)” in 40 CFR part 81 for that State.  

II.	Final Action

A.  Philadelphia Area

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

IV.   Statutory and Executive Order Reviews 

A.  General Requirements 

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this final
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 final action determines that two areas have 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 these final rules 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
these rules do not impose any additional enforceable duties, they do 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).  These final rules also do 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 they 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 these final actions determine that each of two
areas has attained a Federal standard, and do not alter the relationship
or the distribution of power and responsibilities established in the
CAA.  In addition, these rules do not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.  These final rules also are
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because they are not economically significant.

These rules do 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 final rules do not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

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 Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register].  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 that determines that the
Philadelphia-Wilmington-Trenton and Metropolitan Washington, DC, severe
zone nonattainment areas attained the 1-hour ozone NAAQS and are not
required to impose section 185 penalty fees may not be challenged later
in proceedings to enforce its requirements.  (See section 307(b)(2).)

List of Subjects:

40 CFR Part 52

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

 

40 CFR Part 81

	

Air pollution control, National Parks, Wilderness Areas.

	

                        ___________/s/________________    

Dated:     July 8, 2008            				Donald S. Welsh,                 
               								Regional Administrator,

                                  					Region III.

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

2.  Section 52.426 is amended by adding paragraph (f) to read as
follows:

§ 52.426   	Control strategy plans for attainment and rate-of-progress:
ozone.

*	*	*	*	*

(f)  Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
attained the 1-hour ozone NAAQS by the applicable attainment date of
November 15, 2005.  EPA also has determined that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.   

Subpart J--District of Columbia

3. Section 52.476 is amended by adding paragraph (d) to read as follows:

§ 52.476 	Control strategy: ozone.

*	*	*	*	*

(d)  Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that 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 has
determined that the Washington severe 1-hour ozone nonattainment area is
not subject to the imposition of the section 185 penalty fees.   

Subpart V--Maryland

4. Section 52.1076 is amended adding paragraphs (o) and (p) to read as
follows:

§ 52.1076   	Control strategy plans for attainment and
rate-of-progress: Ozone.

*	*	*	*	*

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

(p)  Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
attained the 1-hour ozone NAAQS by the applicable attainment date of
November 15, 2005.  EPA also has determined that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.  

Subpart NN-Pennsylvania

5.  Section 52.2037 is amended by adding paragraph (n) to read as
follows:

§ 52.2037   	Control strategy plans for attainment and
rate-of-progress: Ozone.

*	*	*	*	*

(n)  Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
attained the 1-hour ozone NAAQS by the applicable attainment date of
November 15, 2005.  EPA also has determined that the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.   

Subpart VV--Virginia

6.  Section 52.2428 is amended by adding paragraph (e) to read as
follows:

§ 52.2428   	Control Strategy: Carbon monoxide and ozone.

*	*	*	*	*

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


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