	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	

[EPA-R03-OAR-2009-0199; EPA-R03-OAR-2009-0547; FRL-        ]

	Approval and Promulgation of Air Quality Implementation Plans; West
Virginia; Maryland; Ohio; Determinations of Attainment for the 1997 Fine
Particulate Matter Standard 

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Final rule.

SUMMARY:  EPA is making determinations that three areas designated
nonattainment for the 1997 fine particulate (PM2.5) National Ambient Air
Quality Standard (NAAQS) have attained the 1997 PM2.5 NAAQS.  These are
the Martinsburg-Hagerstown, WV-MD nonattainment area; the
Parkersburg-Marietta, WV-OH nonattainment area; and the Wheeling, WV-OH
nonattainment area.  These determinations are based upon complete,
quality assured, quality controlled, and certified ambient air
monitoring data that show that these areas have monitored attainment of
the 1997 PM2.5 NAAQS during the 2006 - 2008 monitoring period. 
Currently available monitoring data for 2009 are consistent with
continued attainment of the standard.  The intended effect of these
actions is to finalize these attainment determinations for these areas. 
With these final determinations, the requirements for States to submit
for these areas an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning State Implementation Plans
(SIPs) related to attainment of the standard are suspended for so long
as the areas continue to meet the 1997 PM2.5 NAAQS.  

EPA’s determinations that these areas have attained the 1997 PM2.5
NAAQS are not equivalent to the redesignation of the areas to
attainment.  These actions do not constitute redesignations to
attainment under section 107(d)(3) of the Clean Air Act (CAA), because
we do not yet have an approved maintenance plan for these areas as
required under that section and section 175A of the CAA, nor a
determination that these areas have met the other requirements for
redesignation.  The designation status of these areas remains
nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines
that these areas meet the CAA requirements for redesignation to
attainment.

EFFECTIVE DATE:  These final rules are effective on [insert date of
publication].

ADDRESSES:  EPA has established dockets for this action under Docket ID
Numbers EPA-R03-OAR-2009-0199 and EPA-R03-OAR-2009-0547.  All documents
in the dockets 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:  Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@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 Actions is EPA Taking?

II.  Responses to Comments

III.  What is the Effect of these Actions?

IV.  When are these Actions Effective?

V.  What are EPA’s Final Actions?

VI.  What are the Statutory and Executive Order Reviews?

I.  What Actions is EPA Taking?

EPA is determining that the Martinsburg-Hagerstown, WV-MD,
Parkersburg-Marietta, WV-OH, and Wheeling, WV-OH PM2.5 nonattainment
areas have attained the 1997 PM2.5 NAAQS.  These determinations are
based upon three years of complete, quality assured, quality controlled,
and certified ambient air monitoring data that show the areas have
monitored attainment of the 1997 PM2.5 NAAQS during the 2006 – 2008
monitoring period.  Currently available monitoring data for 2009 are
consistent with continued attainment.  Other specific details of the
determinations and the rationale for EPA's proposed actions are
explained in the notices of proposed rulemaking (NPRs) published on July
31, 2009 (74 FR 38154 and 74 FR 38161) and the subsequent NPRs reopening
the comment period, published on September 29, 2009 (74 FR 49833 and 74
FR 49834), and will not be restated here.  Although on July 31, 2009 EPA
issued separate notices of proposed rulemaking for the Maryland portion
of the Martinsburg-Hagerstown nonattainment area (74 FR 38161) and the
West Virginia portion (74 FR 38154), in this notice of final rulemaking
EPA is addressing in combination both State portions of this
nonattainment area.  EPA considers its determination of attainment for
the Hagerstown-Martinsburg area, and the comments and responses relating
to it, as applicable to the entire nonattainment area.   Similarly,
although EPA articulated its proposals for determinations of attainment
for the Parkersburg-Marietta, WV-OH and Wheeling, WV-OH nonattainment
areas (74 FR 38154) in terms of the West Virginia and Ohio portions of
the nonattainment area, in this final rulemaking EPA addresses in
combination both State portions of the nonattainment area.  EPA
considers its determinations of attainment for those areas, and any
comments and responses relating to them, as applicable to each entire
nonattainment area.

II. Responses to Comments

EPA received comments in response to the NPRs published on July 31, 2009
(74 FR 38154 and 74 FR 38161) and the subsequent NPRs reopening the
comment period, published on September 29, 2009 (74 FR 49833 and 74 FR
49834).  EPA received both supporting and adverse comments.  By this
notice EPA is responding to adverse public comments received in response
to these NPRs.  EarthJustice, on behalf of the Sierra Club, submitted
comments by letters dated August 31, 2009 and October 29, 2009.  In its
comment letter dated August 31, 2009, EarthJustice included a request
that the NPRs either be revised or the comment period be reopened to
allow the public to consider whether the 2009 data supports the proposed
attainment determinations.  EPA agreed to reopen the comment period to
provide the requested data.  In the technical support documents (TSDs)
for the NPRs that reopened the comment period, the 2009 data were
included, as was additional information that clarified the 2006 – 2008
data that formed the foundation for the proposed clean data
determinations.  EPA explained in the TSDs that its determinations were
based on complete, quality assured 2006 – 2008 data, and that the
available 2009 data, while not yet complete or quality assured, were
consistent with continued attainment.  On October 29, 2009,
EarthJustice, on behalf of the Sierra Club, submitted additional
comments on the supplemental proposals and TSDs.  

The only adverse comments received were submitted by the Sierra Club and
may be categorized as follows:  a) comments specifically aimed at the
2006-2008 data that form the foundation of EPA’s attainment
determination for the Martinsburg-Hagerstown nonattainment area and b)
comments relating generally to monitoring data for 2009.  Through this
notice, EPA first addresses the adverse comments specifically directed
at the 2006-2008 data for the Martinsburg-Hagerstown nonattainment area,
and then addresses the comments relating to monitoring data for 2009. 

Martinsburg-Hagerstown Nonattainment Area.  

Comment:

Through its comment letters dated August 31, 2009 and October 30, 2009,
the commenter disagrees with EPA’s proposed attainment determination
for the Martinsburg-Hagerstown nonattainment area, based on information
relating to a Martinsburg, WV monitor that the commenter obtained from
EPA’s AirData database (http://www.epa.gov/air/data/index.html).  As
part of its August 31, 2009 comments, the commenter submitted copies of
three Monitor Values Reports obtained from EPA’s AirData website on
August 18, 2009.  Each of these reports provides data showing that the
Martinsburg, WV monitor (monitor ID #540030003) located in Berkeley
County, West Virginia monitored annual PM2.5 mean concentrations of
14.93 µg/m3 in 2006, 15.61 µg/m3in 2007 and 15.36 µg/m3in 2008. 
Based upon the data set forth in these three reports, the commenter
asserts that the design value calculated from these annual means results
in nonattainment of the annual NAAQS over the 2006 – 2008 period.  The
commenter believes this is contrary to the data provided in the July 31,
2009 NPRs, and that it renders EPA’s proposed determination of
attainment for the Martinsburg-Hagerstown area inaccurate; the commenter
contends that finalizing the determination would be arbitrary and
unlawful.  Through its October 30, 2009 comments, the commenter also
noted that, in accordance with a September 4, 1992 memo entitled
“Procedures for Processing Requests to Redesignate Areas to
Attainment” from John Calcagni, Director, Air Quality Management
Division, EPA’s Office of Air Quality Planning and Standards, data
used to demonstrate attainment should be recorded in the Aerometric
Information Retrieval System (AIRS) in order for it to be available to
the public for review.  The commenter asserted that EPA cannot rely on
data that is not published in AIRS to support a finding of attainment.  
 

Response:

EPA has reviewed the AirData Monitor Values Reports that were submitted
by the commenter.  The “airdata files” submitted by the commenter
were obtained using EPA's “AirData” website which accesses an
extracted static subset of the Aerometric Information Retrieval System
Air Quality System (AQS) database.  This distinction is relevant
because, although, prior to February 2009, the “airdata files” were
extracted from AQS on a monthly basis, some values may be absent due to
incomplete reporting and some values may be subsequently changed after
being subjected to quality assurance activities.  EPA does not rely on
incomplete, non-quality assured data to make determinations of
attainment with the NAAQS.  Instead, EPA uses certified air monitoring
data generally from AQS that meet requirements found in Appendices A, C,
D, and E of 40 CFR Part 58, to determine compliance with the NAAQS. 
Each of the AirData Monitor Values Reports that was submitted by the
commenter includes a disclaimer which states in part:  “AirData
reports are produced from a monthly extract of EPA’s air pollution
database, AQS.  Data for this report were extracted on January 10, 2009.
 They represent the best information available to EPA from state
agencies on that date.  However, some values may be absent due to
incomplete reporting, and some values subsequently may be changed due to
quality assurance activities.”  This disclaimer is particularly
relevant to the EPA’s review of the data presented in the Monitor
Values Report for the Martinsburg, WV monitor (monitor ID #540030003)
located in Berkeley County, West Virginia (“the Martinsburg
monitor”) for the 2008 calendar year.  The monitored data set forth in
this 2008 Monitor Values Report were incomplete because this report did
not include monitoring data for the fourth quarter of 2008.  The
submitted report included data for only the first three quarters of
2008.  Due to the absence of the fourth quarter 2008 monitoring data,
the 2008 design value for the Martinsburg monitor cannot be accurately
calculated using the data set forth in the submitted 2008 Monitor Values
Report.  The fourth quarter monitored PM2.5 mean concentration level at
the Martinsburg monitor, which became available after January 2009, was
10.68 µg/m3.  The annual PM2.5 mean concentration for 2008 is derived
from the average of the quarterly means for each of the four quarters of
2008:  15.70 µg/m3, 13.80 µg/m3, 16.57 µg/m3, and 10.68 µg/m3; and
such calculation results in a finding that the annual PM2.5 mean
concentration for 2008 is 14.19 µg/m3.  The design value for the
Martinsburg monitor for the 2006 – 2008 period is 14.9 µg/m3; this is
the average of the monitored annual PM2.5 mean concentrations of:  14.93
µg/m3 in 2006, 15.61 µg/m3 in 2007, and 14.19 µg/m3 in 2008.  The
design value shown in the initial NPRs for the Martinsburg-Hagerstown,
WV-MD nonattainment area published on July 31, 2009 (74 FR 38154 and 74
FR 38161) was 14.9 µg/m3.  The annual PM2.5 mean concentrations data
and additional 2008 data,   that form the foundation for EPA’s
attainment determination were supplied and made available for public
comment when EPA re-opened its public comment period and issued its
supplemental NPRs and TSDs.  For further information, see paragraph C(1)
on page 3 of the TSDs for the September 29, 2009 NPR reopening of the
comment period (74 FR 49833 and 74 FR 49834).  

Comment:  

Based on the commenter’s contention, set forth above in the preceding
comment, that in 2006 -2008 a monitor in Martinsburg, WV recorded a
violation of the PM2.5 NAAQS, the commenter argues that EPA cannot make
a determination of attainment solely for the Maryland portion of the
Martinsburg-Hagerstown area. 

Response:   

As set forth in the response to comment above, EPA disagrees that the
Martinsburg monitor in the Martinsburg-Hagerstown nonattainment area
shows a violation of the annual PM2.5 standard for the period 2006-2008.
 EPA agrees, however, that if, hypothetically, the commenter were
correct and EPA determines that complete, quality assured data from any
monitor in the area eligible for comparison to the NAAQS shows
nonattainment, the violation would affect the attainment status of the
entire area that had been designated nonattainment.  As set forth in
detail above, however, the complete, quality-assured data for both
monitors in the Martinsburg-Hagerstown area show that the entire area is
in attainment of the NAAQS.  EPA agrees that 40 CFR 51.1004(c) applies
“upon a determination by EPA that an area designated nonattainment for
the PM2.5 NAAQS has attained the standard.”  EPA is making the
determination here that the entire Martinsburg-Hagerstown area has
attained the PM2.5 NAAQS, based on monitors in both portions of the
bi-state area.    

2009 Data

Comment:

In its August 31, 2009 comments, the commenter requested that the 2009
data referred to in the NPRs be made available to the public via either
revised NPRs or a reopening of the comment period to enable the public
to comment on whether the 2009 data supports a finding of attainment. 
In its October 29, 2009 comments, the commenter agreed that “EPA
cannot rely on the 2009 data to make a finding of attainment as it is
not complete and does not meet EPA requirements for demonstration of
attainment.”  

Response:

EPA granted the commenter’s August 31, 2009 request, presented
available 2009 data, and reopened the comment period.  As requested by
the commenter, the portion of the 2009 data that was available at the
time of EPA’s July 31, 2009 proposed rulemaking was included as part
of the docket, and the public comment period was reopened on September
29, 2009 (74 FR 49833 and 74 FR 49834).  In addition to the 2009 data,
additional information was provided in the September 29, 2009 NPRs that
clarifies how the design value was calculated for the 2006 – 2008
period.  Thus the commenter and the public have been provided an
opportunity to review data and analyses relating to EPA’s
determinations of attainment that are the subject of today’s
rulemakings. 

At the time of EPA’s proposed determinations EPA did not have
complete, quality-assured, State-certified air quality data for the
entire 2009 calendar year.  Nor does EPA have those data at the time of
this final rulemaking.  The complete, quality assured, State certified
air quality data for the entire 2009 calendar year will not be available
until well into calendar year 2010, and, therefore, cannot be used at
this time for purposes of design value calculations during calendar year
2009.  In accordance with 40 CFR Part 50 Appendix N and standard EPA
practice, EPA’s determinations of attainment are based on the three
most recent years of complete, quality-assured data, from 2006 to 2008. 
Appendix N does not provide for examining partial years of data, because
various seasons of the year reflect various influences on PM2.5
concentrations, and a partial year's data may not be representative of
values that would be determined from a full year's data set. 
Nevertheless, EPA also examined currently available data from 2009 for
the limited purpose of determining whether they are consistent with its
determination of attainment.  The available data for 2009, though not
the basis of EPA determinations of attainment, indicate a continuing
trend that is consistent with EPA’s determination of attainment, based
on 2006 to 2008 data, that the Martinsburg-Hagerstown,
Parkersburg-Marietta, and Wheeling 1997 PM2.5 nonattainment areas are
attaining the 1997 PM2.5 standards.

In its October 29, 2009 comments, which the Sierra Club submitted after
having an opportunity to review the 2009 data it requested, the Sierra
Club did not raise any additional concerns about the data apart from
their incomplete and preliminary nature.  EPA has addressed these
concerns above and in its TSDs.  EPA has thus fully explained the scope
of its review of these data, and the basis for its determinations of
attainment based on 2006-2008 data that are complete and quality
assured.

III.  What is the Effect of these Actions? 

These final actions, in accordance with 40 CFR 51.1004(c), suspend the
requirements for the Martinsburg-Hagerstown, WV-MD nonattainment area,
the Parkersburg-Marietta, WV-OH nonattainment area, and the Wheeling,
WV-OH nonattainment area to submit attainment demonstrations, associated
reasonably available control measures, reasonable further progress
plans, contingency measures, and other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS for so long as that area continues to
attain the 1997 PM2.5 NAAQS.

IV.	When are these Actions Effective? 

EPA finds that there is good cause for these determinations 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
these actions 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, these determinations of attainment suspend
the requirements for the 

Martinsburg-Hagerstown, Parkersburg-Marietta, and Wheeling 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 standard for so long as these areas continue to meet
the 1997 PM2.5 NAAQS.  The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1).  In addition, the suspension of  these
requirements provide good cause to make this rule effective on the date
of publication of this action in the Federal Register, pursuant to 5
U.S.C. 553(d)(3).  The purpose of the 30-day waiting period prescribed
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect. 
Where, as here, the final rules suspend requirements rather than
imposing obligations, affected parties do not need time to adjust and
prepare before the rule takes effect.

 V.  What are EPA’s Final Actions?

EPA is determining that the Martinsburg-Hagerstown,
Parkersburg-Marietta, and Wheeling nonattainment areas have attained the
standards for the 1997 PM2.5 NAAQS.  These determinations are based upon
complete, 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,
preliminary air quality data available for 2009 are consistent with
continuing attainment.  These final actions, in accordance with 40 CFR
51.1004(c), will suspend the requirements for States to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for
each area, for so long as that area continues to meet the 1997 PM2.5
NAAQS.  EPA’s determination that these areas have attained the 1997
PM2.5 NAAQS are not equivalent to the redesignation of these areas to
attainment.  These actions do not constitute redesignations to
attainment under section 107(d)(3) of the CAA, because we do 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 remains nonattainment for the 1997 PM2.5 NAAQS until such
time as EPA determines that these areas meet the CAA requirements for
redesignation to attainment.

VI.   What are the Statutory and Executive Order Reviews?

A.   General Requirements 

Under Executive Order 12866 (58 FR 51735, October 4, 1993), these
actions are not “significant regulatory action” and therefore is not
subject to review by the Office of Management and 

Budget.  For this reason, these actions are not subject to Executive
Order 13211, “Actions 

Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use” (66 FR 28355, May 22, 2001).  These actions make
determinations based on air quality data and result in the suspension of
certain Federal requirements.  Accordingly, the Administrator certifies
that these 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 make determinations
based on air quality data, and result in the suspension of certain
Federal requirements, they do 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).

These rules also do not have tribal applications because they 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).  These actions also do not have Federalism
implications because they do 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 they merely make determinations
based on air quality data and result in the suspension of certain
Federal requirements, and do not alter the relationship or the
distribution of power and responsibilities established in the CAA. 
These rules also are not subject to Executive Order 13045 “Protection
of Children from Environmental Health Risks” (62 FR 19885, April 23,
1997) because they determine that air quality in the affected areas are
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
otherwise satisfy the provisions of the CAA.

These rules do 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 these rules involve
determinations of attainment 

based on air quality data and will not have disproportionately high and
adverse human health or 

environmental effects on any communities in these areas, including
minority and low-income 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 these actions 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.
 These actions are not “major rules” 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 these actions 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 these actions 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 actions.  

These actions, pertaining to the determinations of attainment for the
1997 fine particulate matter standard for the Martinsburg-Hagerstown,
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas, may not be
challenged later in proceedings to enforce requirements.  (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

_November 10, 2009___________		                     
___________/s/___________

Dated:                            				          William C. Early,       
                     								           Acting 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. 7401et seq.

Subpart V - Maryland

2.  Section 52.1081 is amended by redesignating the existing paragraph
as (a) and adding paragraph (b) to read as follows:

§ 52.1081	Control strategy:  Particulate matter 

* 		*		*		*		*

(b) Determination of Attainment.  EPA has determined, as of [insert date
of publication], the Martinsburg-Hagerstown, WV-MD PM2.5 nonattainment
area has attained the 1997 PM2.5 NAAQS.  This determination, in
accordance with 40 CFR 52.1004(c), suspend the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 PM2.5
NAAQS.

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. 7401et seq.

Subpart KK- Ohio

2.  Section 52.1880 is amended by adding paragraph (k) to read as
follows:

§ 52.1880	Control strategy:  Particulate matter 

* 		*		*		*		*

(k) Determinations of Attainment.  EPA has determined, as of [insert
date of publication], the Parkerburg-Marietta, WV-OH and the Wheeling,
WV-OH PM2.5  nonattainment areas have attained the 1997 PM2.5 NAAQS. 
These determinations, in accordance with 40 CFR 52.1004(c), suspend the
requirements for these areas to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as these areas continue to meet
the 1997 PM2.5 NAAQS.



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. 7401et seq.

Subpart XX – West Virginia

2.  Section 52.2526 is amended by redesignating the existing paragraph
as (a) and by adding paragraph (b) to read as follows:

§ 52.2526	Control strategy:  Particulate matter 

* 		*		*		*		*

(b) Determinations of Attainment.  EPA has determined, as of [insert
date of publication], the Martinsburg-Hagerstown, WV- MD, the
Parkersburg-Marietta, WV-OH and the Wheeling, WV-OH PM2.5  nonattainment
areas have attained the 1997 PM2.5 NAAQS.  These determinations, in
accordance with 40 CFR 52.1004(c), suspend the requirements for these
areas to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as these areas continue to meet the 1997 PM2.5
NAAQS.

 EPA’s proposed rulemaking for the Maryland portion of the
Martinsburg-Hagerstown area also contained a separate and independent
proposed determination of attainment for the Baltimore, MD PM2.5
nonattainment area.  EarthJustice, on behalf of the Sierra Club, also
submitted comments on this proposal in conjunction with its comments on
the other proposed rulemakings discussed in this final notice.  EPA is
not finalizing its proposed attainment determination for the Baltimore,
MD PM2.5 nonattainment area in this notice of final rulemaking, and is
therefore not addressing the comments relating to Baltimore that were
submitted by the commenter with respect to that proposal.

  EPA no longer supports the monthly updating of the AirData website
from official data contained within AQS.  Ambient data reported to AQS
after January 2009 would not be available through this tool.  Due to
resources constraints and EPA's plan to replace AirData with a new
method allowing up-to-date access by the public to data in AQS, as of
the date of this response EPA has not updated the AirData summary data
to reflect all 2008 data submitted to AQS.  At the present time, the
preferred method for the general public to access the publicly available
PM2.5  AQS data is to use the data and information available as part of
EPA's AirTrends Site at: http://www.epa.gov/airtrends/values.html.

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