	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2009-0199; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Maryland;
Determination of Clean Data for the 1997 Fine Particulate Matter
Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to determine that the Baltimore, Maryland and
Hagerstown-Martinsburg, Maryland (MD)-West Virginia (WV) nonattainment
areas for the 1997 fine particulate matter (PM2.5) National Ambient Air
Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS.  This
proposed determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that these
areas have monitored attainment of the 1997 PM2.5 NAAQS based on the
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 that these areas
continue to meet 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 each of these areas continue to meet 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-2009-0199 by one of the following methods:

A.  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-2009-0199, 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-2009-0199.  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:  Jacqueline Lewis, (215) 814-2037, or
by e-mail at   HYPERLINK "mailto:lewis.jacqueline@epa.gov" 
lewis.jacqueline@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 Baltimore and the Maryland
portion of the Hagerstown-Martinsburg, MD-WV 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 showing that these areas have monitored attainment of
the 1997 PM2.5 NAAQS based on the 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 that
these areas continue to meet 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 Baltimore and the Maryland portion of the
Hagerstown-Martinsburg, MD-WV 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 each area continues to meet the 1997
PM2.5 NAAQS. 

As further discussed below, the proposed determination for the
Baltimore, MD and for the Maryland portion of the
Hagerstown-Martinsburg, MD-WV nonattainment areas would:  (1) suspend
the requirements to submit for each area 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 each area 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 Baltimore and Hagerstown-Martinsburg, MD-WV PM2.5
nonattainment areas based on the 2006 PM2.5 NAAQS;  and (4) remain in
effect regardless of whether EPA designates these areas as nonattainment
for purposes of the 2006 PM2.5 NAAQS.   Furthermore, as described below,
any such final determinations would not be equivalent to the
redesignation of these areas 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 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. 

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 these 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 Baltimore and the Maryland portion of the Hagerstown-Martinsburg
MD-WV PM2.5 nonattainment areas have clean data for 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)(2), for
the 2006 PM2.5  NAAQS.  At this point, EPA has not made any designation
determination for the Baltimore and Hagerstown-Martinsburg MD-WV PM2.5
nonattainment 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 Baltimore and
Hagerstown-Martinsburg, MD-WV PM2.5 nonattainment areas.  Conversely,
any future designation determination of the Baltimore and
Hagerstown-Martinsburg, MD-WV nonattainment 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 Baltimore and the
Maryland portion of the Hagerstown-Martinsburg, MD-WV nonattainment
areas continue to demonstrate attainment with the 1997 PM2.5 NAAQS, the
requirements for the 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 these areas as
nonattainment areas for purposes of the 2006 PM2.5 NAAQS.  Once these
areas are designated for the 2006 NAAQS, they 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
Baltimore and Hagerstown-Martinsburg, MD-WV nonattainment areas 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 Baltimore and Hagerstown-Martinsburg, MD-WV
PM2.5 nonattainment areas from 2006 through the present time.  On the
basis of that review, EPA has concluded that these areas meet the 1997
PM2.5 NAAQS based on the 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 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.a shows the design values for the 1997 Annual PM2.5 NAAQS for
the Baltimore nonattainment area monitors for the years 2006 – 2008. 
Table 1.b shows the design values for the 

1997 Annual PM2.5 NAAQS for the Hagerstown-Martinsburg, MD-WV
nonattainment area monitors for the years 2006 – 2008.

  

Table 1.a - Design Values for Counties in the Baltimore, MD

Nonattainment Area for 1997 PM2.5 NAAQS – Annual Standard

Location	AQS site ID	1997 Annual Attainment Standard	2006 – 2008

Design Values

Anne Arundel County	24-003-1003	15	13.3

Baltimore County	24-005-1007	15	12.6

Baltimore County	24-005-3001	15	13.6

Harford County	24-025-1001	15	11.7 

Baltimore City	24-510-0006	15	12.8

Baltimore City	24-510-0007	15	12.9

Baltimore City	24-510-0008	15	14

Baltimore City	24-510-0035	15	14.5

Baltimore City	24-510-0040	15	14



Table 1.b - Design Values for the Hagerstown-Martinsburg, MD-WV

Nonattainment Area for 1997 PM2.5 NAAQS – Annual Standard

Location	AQS site ID	1997 Annual Attainment Standard	2006 – 2008

Design Values

Washington County, MD	24-043-0009	15	12.2   

Berkeley County, WV	54-003-0003	15	14.9



Table 2.a shows the design values for the 1997 24-Hour PM2.5 NAAQS for
these same monitors and the same 3-year period Table 2.b shows the
design values for the 1997 24-Hour PM2.5 NAAQS for these same monitors
and the same 3-year period.

Table 2.a - Design Values for Counties in the Baltimore, MD

Nonattainment Area for 1997 PM2.5 NAAQS – 24 Hour Standard

Location	AQS site ID	1997 Annual Attainment Standard	2006 – 2008

Design Values

Anne Arundel County	24-003-1003	65	34

Baltimore County	24-005-1007	65	32

Baltimore County	24-005-3001	65	33

Harford County	24-025-1001	65	29

Baltimore City	24-510-0006	65	33

Baltimore City	24-510-0007	65	33

Baltimore City	24-510-0008	65	35

Baltimore City	24-510-0035	65	34

Baltimore City	24-510-0040	65	34



Table 2.b - Design Values for the Hagerstown-Martinsburg, MD-WV

Nonattainment Area for 1997 PM2.5 NAAQS – 24 Hour Standard

Location	AQS site ID	1997 24-Hour Attainment Standard	2005 – 2007 

Design Values

Washington County, MD	24-043-0009	65	30

Berkeley County, WV	54-003-0003	65	31



EPA’s reviews of these data indicate that the Baltimore, MD and
Hagerstown-Martinsburg, MD-WV PM2.5 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.  Please note that if EPA
received adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

 

V.   What’s EPA’s Proposed Action?

EPA is proposing to determine that the Baltimore and the Maryland
portion of the Hagerstown-Martinsburg, MD-WV nonattainment areas for the
1997 PM2.5 NAAQS 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 continues to meet the 1997 PM2.5 NAAQS.

VI. What are the 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 (Public Law 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 Maryland portion of
the Hagerstown-Martinsburg and the Baltimore 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 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.                             Judith M.
Katz, Acting for

                                                                        
           William C. Early

                                                                        
                                    

  July 23, 2009                                                         
 	__________________________        

Dated:                                                                  
  	William C. Early, 

Acting Regional Administrator                                  Region
III                        	                                            
                  	

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