	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

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

Approval and Promulgation of Air Quality Implementation Plans; West
Virginia; 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 West Virginia portions
of three nonattainment areas for the 1997 fine particulate (PM2.5)
National Ambient Air Quality Standard (NAAQS) have clean data for the
1997 PM2.5 NAAQS.  These are Berkeley County, part of the
Hagerstown-Martinsburg MD-WV nonattainment area; Wood County, part of
the Parkersburg-Marietta WV-OH nonattainment area;  and Marshall County
and Ohio County, part of the  Wheeling WV-OH nonattainment area,
hereinafter referred to in this notice as the West Virginia portions of
the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling PM2.5
nonattainment areas.  This proposed determination is based upon quality
assured, quality controlled, and certified ambient air monitoring data
that show that these areas have monitored attainment of the 1997 PM2.5
NAAQS based on 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 these
areas continue to have clean data for 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 the area continues 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-2009-0547 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-2009-0547, 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-2009-0547.  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:  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 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 West Virginia portions of the
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 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 that show these areas have
monitored attainment of the 1997 PM2.5 NAAQS based on 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 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 West Virginia portions of the Hagerstown-
Martinsburg, 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 1997 PM2.5 NAAQS would be suspended for so long as these areas
continue to meet the 1997 PM2.5 NAAQS.  

As further discussed below, the proposed determination would:  (1) for
the West Virginia portions of the Hagerstown- Martinsburg,
Parkersburg-Marietta, and Wheeling PM2.5 nonattainment areas, suspend
the requirements to submit 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 these areas 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
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling areas based
on the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of whether
EPA designates these areas as nonattainment areas 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 these 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. 

EPA’s determination that the air quality data for these areas shows
clean data for the 1997 PM2.5 NAAQS, as proposed in this Federal
Register notice, is not equivalent to the redesignation of the 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 West Virginia portions of the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling 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.  At this point, 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 Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling 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
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling areas. 
Conversely, any future designation determination of the
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 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
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment
areas continue to demonstrate attainment with the 1997 PM2.5 NAAQS, the
requirements for the West Virginia portions of the
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling 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 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
Hagerstown-Martinsburg nonattainment area (Berkeley County, WV and
Washington County, MD), the Parkersburg-Marietta nonattainment area
(Wood County, WV and Washington County, OH), and the Wheeling
nonattainment area (Marshall County, WV, Ohio County, WV, and Belmont
County, OH) 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 Hagerstown-Martinsburg, Parkersburg-Marietta,
and Wheeling PM2.5 nonattainment areas from 2006 to the present time. On
the basis of that review, EPA has concluded that these areas are meeting
the 1997 PM2.5 NAAQS based on 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.

Tables 1.a, 1.b, and 1.c show the 2006 – 2008 design values for the
1997 Annual PM2.5 NAAQS for the Hagerstown-Martinsburg,
Parkersburg-Marietta, and Wheeling nonattainment area monitors,
respectively.  Table 2.a, 2.b, and 2.c show the 2006 - 2008 design
values for the 1997 24-Hour PM2.5 NAAQS for these same respective
monitors.  All design values in the tables are in micrograms per cubic
inch (µg/m3).

Table 1.a - Annual Design Values for Hagerstown-Martinsburg MD-WV 

Location	AQS site ID	1997 Annual PM2.5  Standard	2006 – 2008 Design
Values

Berkeley County, WV	540030003	15	14.9

Washington County, MD	240430009	15	12.2



Table 1.b - Annual Design Values for Parkersburg-Marietta WV-OH

Location	AQS site ID	1997 Annual PM2.5   Standard	2006 – 2008 Design
Values

Wood County	541071002	15	14.6

Note:  There are no PM2.5 monitors in the Ohio portion of this
nonattainment area.

Table 1.c - Annual Design Values for Wheeling WV-OH 

Location	AQS site ID	1997 Annual PM2.5  Standard	2006 – 2008 Design
Values

Marshal County, WV	540511002	15	14.2

Ohio County, WV	540690010	15	13.7 

Note:  There are no PM2.5 monitors in the Ohio portion of this
nonattainment area.

Table 2.a - 24-Hour Design Values for Hagerstown-Martinsburg MD-WV 

Location	AQS site ID	1997 24-Hour PM2.5  Standard	2006 – 2008 

Design Values

Berkeley County, WV	540030003	65	31

Washington County, MD	240430009	65	30



Table 2.b - 24-Hour Design Values for Parkersburg-Marietta WV-OH

Location	AQS site ID	1997 24-Hour PM2.5  Standard	2006 – 2008 

Design Values

Wood County, WV	541071002	65	34

Note:  There are no PM2.5 monitors in the Ohio portion of this
nonattainment area.

Table 2.c - 24-Hour Design Values for Wheeling WV-OH 

Location	AQS site ID	1997 24-Hour PM2.5  Standard	2006 – 2008 

Design Values

Marshall County, WV	540511002	65	34

Ohio County, WV	540690010	65	31

Note:  There are no PM2.5 monitors in the Ohio portion of this
nonattainment area.

EPA’s review of these data indicate that the Martinsburg-Hagerstown
MD-WV, Parkersburg-Marietta WV-OH, and Wheeling WV-OH 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. 

V.   Proposed Action

EPA is proposing to determine that the West Virginia portions of the
Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling nonattainment
areas 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 continue to attain the 1997 PM2.5 NAAQS.

VI. 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 West Virginia portions
of the Hagerstown-Martinsburg, Parkersburg-Marietta, and Wheeling
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 for

                                                                        
                    William C. Early

               

_July 23, 2009________                               		     
__________________________        

Dated:                                                                  
            William C. Early, Acting

                                                                        
                 Regional Administrator,

                                                                        
                 Region III.

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