	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0736; FRL-        ] 

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:  Proposed rule.

SUMMARY:  EPA is proposing to determine 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.  This proposed 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 2005 - 2007 data.  In addition,
quality controlled and quality assured monitoring data for 2008 that 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.  If
this proposed determination is made final, the requirements for this
area to submit an attainment demonstration and 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 attain the 1997 PM2.5 NAAQS.

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-2008-0736 by one of the following methods:

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

B.    	E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

C.    	Mail:  EPA- R03-OAR-2008-0736, 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-2008-0736.  EPA's policy is that all comments received will
be included in the public docket without change, and 

may be made available online at   HYPERLINK "http://www.regulations.gov"
 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov website 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:  Melissa Linden, (215) 814-2096, or by
e-mail at linden.melissa@epa.gov.

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 Metropolitan Washington, DC-MD-VA
PM2.5 nonattainment area has attained the 1997 PM2.5 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 for 2008 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 Metropolitan Washington, DC-MD-VA PM2.5
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 1997 PM2.5 NAAQS would be suspended for so long as the
area continues to attain the 1997 PM2.5 NAAQS.  

As further discussed below, the proposed determination would:  (1) for
the Metropolitan Washington, DC-MD-VA nonattainment area, suspend the
requirements to submit an attainment demonstration and associated
reasonably available control measures (RACM) (including reasonably
available control technologies (RACT)), a reasonable further progress
plan (RFP), 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 the area has violated the
1997 PM2.5 NAAQS; (3) be separate from, and not influence or otherwise
affect, any future designation determination or requirements for the
Metropolitan Washington, DC-MD-VA area based on the 2006 PM2.5 NAAQS;
and (4) remain in effect regardless of whether EPA designates this area
as a nonattainment area 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 the area has
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 the area would thereafter have to address the
pertinent requirements. 

The determination that EPA proposes with this Federal Register notice,
that the air quality data shows attainment of the 1997 PM2.5 NAAQS, is
not equivalent to the redesignation of the area 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 the area as
required under section 175A of the CAA, nor a determination that the
area has met the other requirements for redesignation.  The designation
status of the area would remain nonattainment for the 1997 PM2.5 NAAQS
until such time as EPA determines that 

it meets the CAA requirements for redesignation to attainment.

This proposed action, if finalized, is limited to a determination that
the Metropolitan 

Washington, DC-MD-VA PM2.5 area has attained the 1997 PM2.5 NAAQS.  The
1997 PM2.5 NAAQS 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.  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
Metropolitan Washington, DC-MD-VA area 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 Metropolitan Washington, DC-MD-VA
area.  Conversely, any future designation determination of the
Metropolitan Washington, DC-MD-VA area, 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 Metropolitan
Washington, DC-MD-VA area continues to demonstrate attainment with the
1997 PM2.5 NAAQS, the requirements for the Metropolitan Washington,
DC-MD-VA 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 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 (µg/m3) based on a 3-year
average of annual mean PM2.5 concentrations, and a twenty-four hour
standard of 65 µg/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
Metropolitan Washington, DC-MD-VA (Charles, Frederick, Montgomery,
Prince George’s, Alexandria, Arlington, Fairfax, Loudoun, Prince
William, Falls Church, Manassas, Manassas Park, Fairfax City, and the
District of Columbia) area was 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 Metropolitan Washington, DC-MD-VA PM2.5
nonattainment area from 2004 through the present time.  On the basis of
that review, EPA has concluded that this area attained the 1997 PM2.5
NAAQS since the 2004 – 2006 monitoring period, and continues to
monitor attainment of the NAAQS based on 2005 – 2007 data.  In
addition, quality controlled and quality assured monitoring data for
2008 that are available in the EPA AQS database, but not yet certified,
show this area continues 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 µg/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 µg/m3.

Table 1 shows the design values for the 1997 Annual PM2.5 NAAQS for the
Metropolitan Washington, DC-MD-VA nonattainment area monitors for the
years 2004 – 2006 and 2005 – 2007.  Table 2 shows the design values
for the 1997 24-Hour PM2.5 NAAQS for these same monitors and the same
3-year periods.

Table 1. Design Values for Counties in the Metropolitan Washington
Nonattainment Area for 1997 PM2.5 NAAQS – Annual Standard

Location	AQS site ID	1997 Annual Attainment Standard	2004 – 2006
Design Values	2005 – 2007 Design Values

District of Columbia	110010041	15	14.4	14.0

District of Columbia	110010042	15	14.5	14.2

District of Columbia	110010043	15	14.0	13.5

Montgomery County, MD	240313001	15	12.5	12.2

Prince George, MD	240338003	15	13.1	12.8

Arlington, VA	510130020	15	14.2	14.0

Fairfax, VA	510590030	15	13.4	13.0

Fairfax, VA	510591005	15	13.6	13.5

Fairfax, VA	510595001	15	13.9	13.7

Loudon, VA	511071005	15	13.6	13.2



Table 2. Design Values for Counties in the Metropolitan Washington
Nonattainment Area for 1997 PM2.5 NAAQS – 24 Hour Standard

Location	AQS site ID	1997 24-Hour Attainment Standard	2004 – 2006
Design Values	2005 – 2007 

Design Values

District of Columbia	110010041	65	37	35

District of Columbia	110010042	65	35	33

District of Columbia	110010043	65	34	34

Montgomery County, MD	240313001	65	31	30

Prince George, MD	240338003	65	35	32

Arlington, VA	510130020	65	34	32

Fairfax, VA	510590030	65	35	34

Fairfax, VA	510591005	65	34	32

Fairfax, VA	510595001	65	34	33

Loudon, VA	511071005	65	35	33



EPA’s reviews of these data indicate that the Metropolitan Washington,
DC-MD-VA nonattainment area has met and continues 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 Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5
NAAQS and continues to attain the standard based on data through 2008. 
As provided in 40 CFR section 51.1004(c), if EPA finalizes this
determination, it would suspend the requirements for this 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 1997 PM2.5 NAAQS so
long as the area continues to attain the 1997 PM2.5 NAAQS.

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 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 proposes to make 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 proposes to make a determination based on air
quality data, and would, if finalized, result 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 proposed 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 proposed 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
proposes to make a determination based on air quality data and would, if
finalized result 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 proposed rule also is not
subject to Executive Order 13045 “Protection of Children from
Environmental Health Risks” (62 FR 19885, April 23, 1997) because it
proposes to determine 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 to
other wise satisfy the provisions of the CAA. This proposed rule does
not impose an information collection burden under the provisions of the
Paper Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

Under Executive Order 12898, EPA finds that this rule, pertaining to the
District of Columbia, Maryland and Virginia’s determination of
attainment of the fine particle standard for the Metropolitan
Washington, DC-MD-VA area, involves a proposed 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, including minority and
low-income communities.

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.

                                                                        
                                    /s/

__October 9, 2008______________                                
__________________________        

Dated:                                                                  
            W. T. Wisniewski, Acting

                                                                        
                 Regional Administrator,

                                                                        
                 Region III.

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