82 FR 19011 - Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; District of Columbia, Maryland, and Virginia; Washington, DC-MD-VA Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 78 (April 25, 2017)
Federal Register Volume 82, Issue 78 (April 25, 2017)
| Page Range | 19011-19014 | |
| FR Document | 2017-08356 |
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)] [Proposed Rules] [Pages 19011-19014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08356] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0369; FRL-9960-03-Region 3] Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; District of Columbia, Maryland, and Virginia; Washington, DC-MD-VA Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to determine that the Washington, DC-MD-VA marginal ozone nonattainment area (the Washington Area) has attained the 2008 ozone national ambient air quality standard (NAAQS) by the July 20, 2016 attainment date. This proposed determination is based on complete, certified, and quality assured ambient air quality monitoring data for the Washington Area for the 2013 through 2015 monitoring period. This proposed determination does not constitute a redesignation to attainment. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before May 25, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0369 at https://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. Statutory Requirement--Determination of Attainment by the Attainment Date Section 181(b)(2) of the CAA requires EPA to determine, within 6 months of an ozone nonattainment area's attainment date, whether that area attained the ozone standard by that date. Section 181(b)(2) of the CAA also requires that areas that have not attained the standard by their attainment deadlines be reclassified to either the next higher classification (e.g., marginal to moderate, moderate to serious, etc.) or to the classifications applicable to the areas' design values in Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism by which the EPA Administrator may grant a 1-year extension of an area's attainment deadline, provided that the relevant states meet certain criteria. B. The Washington Area and Its Attainment Date On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR 16436 (March 27, 2008). In a May 21, 2012 final rule, the Washington Area was designated as marginal nonattainment for the more stringent 2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088. The Washington Area consists of the Counties of Calvert, Charles, Frederick, Montgomery, and Prince George's in Maryland; the Counties of Arlington, Fairfax, Loudoun, and Prince William and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities in Virginia; and the entirety of the District of Columbia. See 40 CFR 81.309, 81.321, and 81.347. In a separate rulemaking action, also published on May 21, 2012 and effective on July 20, 2012, EPA established the air quality thresholds that define the classifications assigned to all nonattainment areas for the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This rulemaking also established December 31 of each [[Page 19012]] relevant calendar year as the attainment date for all nonattainment area classification categories. Section 181 of the CAA provides that the attainment deadline for ozone nonattainment areas is ``as expeditiously as practicable'' but no later than the prescribed dates that are provided in Table 1 of that section. In the Classifications Rule, EPA translated the deadlines in Table 1 of CAA section 181 for purposes of the 2008 standard by measuring those deadlines from the effective date of the new designations, but extended those deadlines by several months to December 31 of the corresponding calendar year. Pursuant to a challenge of EPA's interpretation of the attainment deadlines, on December 23, 2014, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision rejecting, among other things, the Classifications Rule's attainment deadlines for the 2008 ozone nonattainment areas, finding that EPA did not have statutory authority under the CAA to extend those deadlines to the end of the calendar year. NRDC v. EPA, 777 F.3d 456, 464- 69 (D.C. Cir. 2014). Accordingly, as part of the final rule, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan (SIP) Requirements,'' for the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) (hereinafter, SIP Requirements Rule), EPA modified the maximum attainment dates for all nonattainment areas for the 2008 ozone NAAQS, consistent with the D.C. Circuit's decision. The SIP Requirements Rule established a maximum deadline for marginal nonattainment areas of three years from the effective date of designation, or July 20, 2015, to attain the 2008 ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103. In a final rulemaking action published on May 4, 2016, EPA determined that the Washington Area did not attain the 2008 ozone NAAQS by its July 20, 2015 attainment date, based on ambient air quality monitoring data for the 2012-2014 monitoring period. In that same action, EPA determined that the Washington Area qualified for a 1-year extension of its attainment date, as provided in section 181(a)(5) of the CAA and interpreted by regulation at 40 CFR 51.1107. With that final rulemaking action, the new attainment date for the Washington Area is July 20, 2016. See 81 FR 26697 (May 4, 2016). II. EPA's Analysis of the Relevant Air Quality Data Under EPA regulations, at 40 CFR part 50, appendix P, the 2008 ozone NAAQS is attained at a monitoring site when the three-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.075 ppm. This three-year average is referred to as the design value. When the design value is less than or equal to 0.075 ppm at each ambient air quality monitoring site within the designated nonattainment area, then the area is deemed to be meeting the NAAQS. The rounding convention under 40 CFR part 50, appendix P dictates that concentrations shall be reported in ppm to the third decimal place, with additional digits to the right being truncated. Thus, a computed three-year average ozone concentration of 0.0759 ppm or lower would meet the standard, but 0.0760 ppm or higher is over the standard. EPA's proposed determination of attainment is based upon data that has been collected and quality-assured in accordance with 40 CFR part 58 and recorded in EPA's Air Quality System (AQS) database. Ambient air quality monitoring data for the three-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the three-year average of the percent (%) of required monitoring days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness, as determined according to 40 CFR part 50, appendix P. Tables 1 and 2 show the data completeness and ozone design values, respectively, for each monitor in the Washington Area for the years 2013-2015. Table 1--2013-2015 Washington Area Ozone Monitor Data Completeness -------------------------------------------------------------------------------------------------------------------------------------------------------- % Data completeness 2013-2015 County, state Site ID ------------------------------------------------ Average % Comment 2013 2014 2015 completeness -------------------------------------------------------------------------------------------------------------------------------------------------------- District of Columbia................... 110010041 99 0 0 33 Construction caused temporary site shut down in 2014. \a\ 110010043 99 99 99 99 110010050 \d\ 78 100 99 \d\ 92 The site began operating in January 2013. It was shut down from July to November 2013 due to building repairs. \b\ Calvert, MD............................ 240090011 99 100 96 98 ............................... Charles, MD............................ 240170010 90 97 98 95 ............................... Frederick, MD.......................... 240210037 97 96 97 96 ............................... Montgomery, MD......................... 240313001 98 99 99 99 Prince George's, MD.................... 240330030 100 99 95 98 240338003 100 98 99 99 240339991 \e\ 99 \e\ 100 \e\ 100 \e\ 99 Clean Air Status and Trends Network (CASTNET) monitor. \c\ Arlington, VA.......................... 510130020 94 100 99 98 Fairfax, VA............................ 510590030 99 91 97 96 Loudoun, VA............................ 511071005 100 99 93 97 Prince William, VA..................... 511530009 100 100 99 100 -------------------------------------------------------------------------------------------------------------------------------------------------------- Notes: \a\ The temporary shutdown was included in the District of Columbia Department of Energy & Environment (DC DOEE) July 2015 Annual Network Plan, which was submitted to EPA on June 25, 2015 and approved by EPA on November 12, 2015. \b\ The temporary shutdown was not included in the DC DOEE's Annual Network Plan. \c\ EPA's Clean Air Markets Division (CAMD) operates this CASTNET monitor. [[Page 19013]] \d\ Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the analysis conducted by DC DOEE and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03- OAR-2016-0369. \e\ Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis conducted by CAMD and EPA's approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA-R03-OAR-2016-0369. As shown in Table 1, several monitoring sites did not meet the completeness criteria set out in 40 CFR part 50, appendix P. For monitor 110010041 in the District of Columbia, the reason for the completeness issue was a monitor shutdown, approved into DC DOEE's annual network monitoring plan. Because three years of complete data is not possible at this monitoring site, EPA does not look for valid design values there in determining attainment with the NAAQS. For monitor 110010050 in the District of Columbia, the temporary shutdown due to construction was not approved into the associated monitoring plan. For EPA's monitor 240339991 in Prince George's County, Maryland, there were malfunctions that led to completeness issues. In order to obtain a valid design value for these monitors, DC DOEE and EPA's CAMD conducted completeness demonstrations of ``missing days assumed less than the standard'' to show that had the monitors been operational on days for which data is missing, the ozone levels recorded would have been below the standard. DC DOEE and EPA performed an analysis of the meteorological data and a regression analysis in order to meet the data completeness requirements for these monitors. EPA also conducted for these two monitors a substitution analysis as a check on the validity of the meteorological analysis and regression analysis. Using these methods, EPA was able to ``add'' enough ozone season days to the two monitors to meet the data completeness requirements of 40 CFR part 50, appendix P. The details of these analyses and EPA's approval letters for both data substitution analyses are available online at https://www.regulations.gov, Docket number EPA- R03-OAR-2016-0369. Consistent with the requirements contained in 40 CFR part 50, appendix P, EPA has reviewed the ozone ambient air quality monitoring data for the monitoring period from 2013 through 2015 for the Washington Area, as recorded in the AQS database. As shown in Table 2, all valid 2013-2015 design values are less than or equal to 0.075 ppm. Therefore, EPA concludes that the Washington Area has attained the 2008 ozone NAAQS, considering 2013-2015 data. Table 2--2013-2015 Washington Area 2008 Ozone Design Values [PPM] ---------------------------------------------------------------------------------------------------------------- 4th Highest daily max value County, state Site ID ------------------------------------------------ 2013-2015 2013 2014 2015 design values ---------------------------------------------------------------------------------------------------------------- District of Columbia............ 110010041 0.062 0.047 * 110010043 0.066 0.068 0.072 0.068 110010050 0.066 0.069 0.072 0.069 Calvert, MD..................... 240090011 0.067 0.070 0.067 0.068 Charles, MD..................... 240170010 0.064 0.067 0.068 0.066 Frederick, MD................... 240210037 0.069 0.063 0.070 0.067 Montgomery, MD.................. 240313001 0.069 0.064 0.072 0.068 Prince George's MD.............. 240330030 0.068 0.065 0.072 0.068 240338003 0.069 0.069 0.069 0.069 240339991 0.072 0.069 0.067 0.069 Arlington, VA................... 510130020 0.067 0.071 0.073 0.070 Fairfax, VA..................... 510590030 0.067 0.065 0.072 0.068 Loudoun, VA..................... 511071005 0.066 0.063 0.071 0.066 Prince William, VA.............. 511530009 0.066 0.062 0.067 0.065 ---------------------------------------------------------------------------------------------------------------- Notes: Only valid design values for monitors meeting the completeness criteria are shown. * Annual value does not meet completeness criteria. III. Proposed Action EPA evaluated ozone data from air quality monitors in the Washington Area in order to determine the Washington Area's attainment status under the 2008 ozone NAAQS. Federal, state, and local agencies responsible for ozone air monitoring networks supplied and quality assured the data. All the monitoring sites with valid data had design values equal to or less than 0.075 ppm based on the 2013 through 2015 monitoring period. Considering that review, EPA has concluded that the Washington Area attained the 2008 ozone NAAQS based on complete, quality assured and certified data for the 2013 through 2015 ozone seasons. Thus, EPA proposes to determine in accordance with its statutory obligations under section 181(b)(2)(A) of the CAA that the Washington Area attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. EPA's proposed determination is in accordance with applicable regulatory requirements under 81 FR 26697 (with respect to issuance of the 1-year extension of the attainment date for the Washington Area) and with the related provisions of the SIP Requirements Rule (40 CFR 51.1103). This proposed determination of attainment does not constitute a redesignation to attainment. Redesignations require states to meet a number of additional criteria, including EPA approval of a state plan to maintain the air quality standard for 10 years after redesignation. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. [[Page 19014]] IV. Statutory and Executive Order Reviews This rulemaking action proposes to make a determination of attainment on the 2008 ozone NAAQS based on air quality and, if finalized, would not impose additional requirements. For that reason, this proposed determination of attainment: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 (Pub. L. 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 CAA; 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). This SIP, proposing to determine that the Washington Area attained the 2008 ozone NAAQS by its July 20, 2016 attainment date, is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: February 22, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. [FR Doc. 2017-08356 Filed 4-24-17; 8:45 am] BILLING CODE 6560-50-P
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addition, your comment should not ENVIRONMENTAL PROTECTION making effective comments, please visit
include any ‘‘trade secret or any AGENCY https://www.epa.gov/dockets/
commercial or financial information commenting-epa-dockets.
which . . . is privileged or 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT:
confidential’’—as provided by Section [EPA–R03–OAR–2016–0369; FRL–9960–03– Gavin Huang, (215) 814–2042, or by
6(f) of the FTC Act, 15 U.S.C. 46(f), and Region 3] email at huang.gavin@epa.gov.
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— SUPPLEMENTARY INFORMATION:
including in particular competitively Determination of Attainment by the
Attainment Date for the 2008 Ozone I. Background
sensitive information such as costs,
sales statistics, inventories, formulas, Standard; District of Columbia, A. Statutory Requirement—
Maryland, and Virginia; Washington, Determination of Attainment by the
patterns, devices, manufacturing
DC-MD-VA Area Attainment Date
processes, or customer names.
Once your comment has been posted AGENCY: Environmental Protection Section 181(b)(2) of the CAA requires
on the public FTC Web site—as legally Agency (EPA). EPA to determine, within 6 months of
required by FTC Rule 4.9(b)—we cannot ACTION: Proposed rule. an ozone nonattainment area’s
redact or remove your comment from attainment date, whether that area
SUMMARY: The Environmental Protection attained the ozone standard by that date.
the FTC Web site, unless you submit a Agency (EPA) is proposing to determine Section 181(b)(2) of the CAA also
confidentiality request that meets the that the Washington, DC-MD-VA requires that areas that have not attained
requirements for such treatment under marginal ozone nonattainment area (the the standard by their attainment
FTC Rule 4.9(c), and the General Washington Area) has attained the 2008 deadlines be reclassified to either the
Counsel grants that request in ozone national ambient air quality next higher classification (e.g., marginal
accordance with the law and the public standard (NAAQS) by the July 20, 2016 to moderate, moderate to serious, etc.)
interest. Comments containing material attainment date. This proposed or to the classifications applicable to the
for which confidential treatment is determination is based on complete, areas’ design values in Table 1 of 40
requested must be filed in paper form, certified, and quality assured ambient CFR 51.1103. CAA section 181(a)(5)
must be clearly labeled ‘‘Confidential,’’ air quality monitoring data for the provides a mechanism by which the
and must comply with FTC Rule 4.9(c). Washington Area for the 2013 through EPA Administrator may grant a 1-year
In particular, the written request for 2015 monitoring period. This proposed extension of an area’s attainment
confidential treatment that accompanies determination does not constitute a deadline, provided that the relevant
the comment must include the factual redesignation to attainment. This action states meet certain criteria.
is being taken under the Clean Air Act
and legal basis for the request, and must
(CAA). B. The Washington Area and Its
identify the specific portions of the Attainment Date
DATES: Written comments must be
comment to be withheld from the public
received on or before May 25, 2017. On July 18, 1997 at 62 FR 38855, EPA
record. See FTC Rule 4.9(c).
ADDRESSES: Submit your comments, promulgated a revised ozone NAAQS of
Visit the Commission Web site at identified by Docket ID No. EPA–R03– 0.08 parts per million (ppm), averaged
http://www.ftc.gov to read this OAR–2016–0369 at https:// over eight hours. This standard was
document and the news release www.regulations.gov, or via email to determined to be more protective of
describing it. The FTC Act and other rehn.brian@epa.gov. For comments public health than the previous 1979 1-
laws that the Commission administers submitted at Regulations.gov, follow the hour ozone standard. In 2008, EPA
permit the collection of public online instructions for submitting revised the 8-hour ozone NAAQS from
comments to consider and use in this comments. Once submitted, comments 0.08 to 0.075 ppm (the 2008 ozone
proceeding as appropriate. The cannot be edited or removed from NAAQS). See 73 FR 16436 (March 27,
Commission will consider all timely Regulations.gov. For either manner of 2008). In a May 21, 2012 final rule, the
and responsive public comments that it submission, EPA may publish any Washington Area was designated as
receives on or before May 24, 2017. You comment received to its public docket. marginal nonattainment for the more
can find more information, including Do not submit electronically any stringent 2008 ozone NAAQS, effective
routine uses permitted by the Privacy information you consider to be on July 20, 2012. 77 FR 30088. The
Act, in the Commission’s privacy confidential business information (CBI) Washington Area consists of the
policy, at https://www.ftc.gov/site- or other information whose disclosure is Counties of Calvert, Charles, Frederick,
information/privacy-policy. restricted by statute. Multimedia Montgomery, and Prince George’s in
submissions (audio, video, etc.) must be Maryland; the Counties of Arlington,
By direction of the Commission. accompanied by a written comment. Fairfax, Loudoun, and Prince William
Donald S. Clark, The written comment is considered the and the Cities of Alexandria, Fairfax,
Secretary. official comment and should include Falls Church, Manassas, and Manassas
[FR Doc. 2017–08248 Filed 4–24–17; 8:45 am] discussion of all points you wish to Park Cities in Virginia; and the entirety
BILLING CODE 6750–01–P
make. EPA will generally not consider of the District of Columbia. See 40 CFR
comments or comment contents located 81.309, 81.321, and 81.347.
outside of the primary submission (i.e. In a separate rulemaking action, also
nlaroche on DSK30NT082PROD with PROPOSALS
on the web, cloud, or other file sharing published on May 21, 2012 and effective
system). For additional submission on July 20, 2012, EPA established the air
methods, please contact the person quality thresholds that define the
identified in the FOR FURTHER classifications assigned to all
INFORMATION CONTACT section. For the nonattainment areas for the 2008 ozone
full EPA public comment policy, NAAQS (the Classifications Rule). See
information about CBI or multimedia 77 FR 30160. This rulemaking also
submissions, and general guidance on established December 31 of each
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d Completeness value after substitution analysis. The 2013 data was previously incomplete due to a temporary shutdown. The details of the
analysis conducted by DC DOEE and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Dock-
et number EPA–R03–OAR–2016–0369.
e Completeness value after substitution analysis. The data was previously incomplete due to malfunctions. The details of the analysis con-
ducted by CAMD and EPA’s approval letter of the substitution analysis are available online at https://www.regulations.gov, Docket number EPA–
R03–OAR–2016–0369.
As shown in Table 1, several issues. In order to obtain a valid design completeness requirements of 40 CFR
monitoring sites did not meet the value for these monitors, DC DOEE and part 50, appendix P. The details of these
completeness criteria set out in 40 CFR EPA’s CAMD conducted completeness analyses and EPA’s approval letters for
part 50, appendix P. For monitor demonstrations of ‘‘missing days both data substitution analyses are
110010041 in the District of Columbia, assumed less than the standard’’ to available online at https://
the reason for the completeness issue show that had the monitors been www.regulations.gov, Docket number
was a monitor shutdown, approved into operational on days for which data is EPA–R03–OAR–2016–0369.
DC DOEE’s annual network monitoring missing, the ozone levels recorded Consistent with the requirements
plan. Because three years of complete would have been below the standard. contained in 40 CFR part 50, appendix
data is not possible at this monitoring DC DOEE and EPA performed an P, EPA has reviewed the ozone ambient
site, EPA does not look for valid design analysis of the meteorological data and air quality monitoring data for the
values there in determining attainment a regression analysis in order to meet monitoring period from 2013 through
with the NAAQS. the data completeness requirements for 2015 for the Washington Area, as
For monitor 110010050 in the District these monitors. EPA also conducted for recorded in the AQS database. As
of Columbia, the temporary shutdown these two monitors a substitution shown in Table 2, all valid 2013–2015
due to construction was not approved analysis as a check on the validity of the design values are less than or equal to
into the associated monitoring plan. For meteorological analysis and regression 0.075 ppm. Therefore, EPA concludes
EPA’s monitor 240339991 in Prince analysis. Using these methods, EPA was that the Washington Area has attained
George’s County, Maryland, there were able to ‘‘add’’ enough ozone season days the 2008 ozone NAAQS, considering
malfunctions that led to completeness to the two monitors to meet the data 2013–2015 data.
TABLE 2—2013–2015 WASHINGTON AREA 2008 OZONE DESIGN VALUES
[PPM]
4th Highest
daily max 2013–2015
County, state Site ID value design
values
2013 2014 2015
District of Columbia .............................................................. 110010041 0.062 0.047 *
110010043 0.066 0.068 0.072 0.068
110010050 0.066 0.069 0.072 0.069
Calvert, MD .......................................................................... 240090011 0.067 0.070 0.067 0.068
Charles, MD ......................................................................... 240170010 0.064 0.067 0.068 0.066
Frederick, MD ...................................................................... 240210037 0.069 0.063 0.070 0.067
Montgomery, MD ................................................................. 240313001 0.069 0.064 0.072 0.068
Prince George’s MD ............................................................ 240330030 0.068 0.065 0.072 0.068
240338003 0.069 0.069 0.069 0.069
240339991 0.072 0.069 0.067 0.069
Arlington, VA ........................................................................ 510130020 0.067 0.071 0.073 0.070
Fairfax, VA ........................................................................... 510590030 0.067 0.065 0.072 0.068
Loudoun, VA ........................................................................ 511071005 0.066 0.063 0.071 0.066
Prince William, VA ............................................................... 511530009 0.066 0.062 0.067 0.065
Notes: Only valid design values for monitors meeting the completeness criteria are shown.
* Annual value does not meet completeness criteria.
III. Proposed Action ozone NAAQS based on complete, provisions of the SIP Requirements Rule
quality assured and certified data for the (40 CFR 51.1103).
EPA evaluated ozone data from air 2013 through 2015 ozone seasons. Thus,
quality monitors in the Washington This proposed determination of
EPA proposes to determine in attainment does not constitute a
Area in order to determine the accordance with its statutory obligations
Washington Area’s attainment status redesignation to attainment.
under section 181(b)(2)(A) of the CAA Redesignations require states to meet a
under the 2008 ozone NAAQS. Federal, that the Washington Area attained the
state, and local agencies responsible for number of additional criteria, including
2008 ozone NAAQS by the applicable EPA approval of a state plan to maintain
nlaroche on DSK30NT082PROD with PROPOSALS
ozone air monitoring networks supplied attainment date of July 20, 2016. EPA’s
and quality assured the data. All the the air quality standard for 10 years after
proposed determination is in redesignation. EPA is soliciting public
monitoring sites with valid data had accordance with applicable regulatory
design values equal to or less than 0.075 comments on the issues discussed in
requirements under 81 FR 26697 (with this document. These comments will be
ppm based on the 2013 through 2015
respect to issuance of the 1-year considered before taking final action.
monitoring period. Considering that
extension of the attainment date for the
review, EPA has concluded that the
Washington Area) and with the related
Washington Area attained the 2008
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IV. Statutory and Executive Order Authority: 42 U.S.C. 7401 et seq. addressed to the Commission’s
Reviews Dated: February 22, 2017. Secretary, Office of the Secretary,
This rulemaking action proposes to Cecil Rodrigues, Federal Communications Commission.
make a determination of attainment on Acting Regional Administrator, Region III.
All hand-delivered or messenger-
the 2008 ozone NAAQS based on air delivered paper filings for the
[FR Doc. 2017–08356 Filed 4–24–17; 8:45 am]
quality and, if finalized, would not Commission’s Secretary must be
BILLING CODE 6560–50–P
impose additional requirements. For delivered to FCC Headquarters at 445
that reason, this proposed determination 12th Street SW., Room TW–A325,
of attainment: Washington, DC 20554. The filing hours
FEDERAL COMMUNICATIONS
• Does not impose an information are 8:00 a.m. to 7:00 p.m. All hand
COMMISSION deliveries must be held together with
collection burden under the provisions
of the Paperwork Reduction Act (44 rubber bands or fasteners. Any
47 CFR Part 54
U.S.C. 3501 et seq.); envelopes and boxes must be disposed
• is certified as not having a [WT Docket No. 17–80, WC Docket No. 10– of before entering the building.
significant economic impact on a 90, WT Docket No. 10–208, WC Docket No. Commercial overnight mail (other than
substantial number of small entities 11–10; DA 17–347] U.S. Postal Service Express Mail and
under the Regulatory Flexibility Act (5 Priority Mail) must be sent to 9300 East
Connect America Fund; Universal
U.S.C. 601 et seq.); Hampton Drive, Capitol Heights, MD
• does not contain any unfunded Service Reform—Mobility Fund
20743. U.S. Postal Service first-class,
mandate or significantly or uniquely AGENCY: Federal Communications Express, and Priority mail must be
affect small governments, as described Commission. addressed to 445 12th Street SW.,
in the Unfunded Mandates Reform Act ACTION: Proposed rule; extension of Washington, DC 20554.
of 1995 (Pub. L. 104–4); comment and reply comment period. D People with Disabilities: Contact the
• does not have federalism FCC to request reasonable
implications as specified in Executive SUMMARY: In this document, the accommodations (accessible format
Order 13132 (64 FR 43255, August 10, Commission extends the deadline for documents, sign language interpreters,
1999); filing comments and reply comments on CART, etc.) by email: FCC504@fcc.gov
• is not an economically significant the Commission’s Further Notice of or phone: 202–418–0530 or TTY: 202–
regulatory action based on health or Proposed Rulemaking (FNPRM) in this 418–0432.
safety risks subject to Executive Order proceeding, which was published in the FOR FURTHER INFORMATION CONTACT:
13045 (62 FR 19885, April 23, 1997); Federal Register on March 13, 2017. Audra Hale-Maddox, Audra.Hale-
• is not a significant regulatory action The Commission also extends the Maddox@fcc.gov, of the Auctions and
subject to Executive Order 13211 (66 FR deadline established in a separate Spectrum Access Division, Wireless
28355, May 22, 2001); Public Notice for filing justifications
• is not subject to requirements of Telecommunications Bureau, (202) 418–
supporting confidentiality requests 0660.
Section 12(d) of the National relating to mobile speed data filed
Technology Transfer and Advancement SUPPLEMENTARY INFORMATION: This is a
through the Commission’s Form 477. summary of the Commission’s Order in
Act of 1995 (15 U.S.C. 272 note) because
DATES: The comment and reply WC Docket No. 10–90, WT Docket No.
application of those requirements would
comment period for the proposed rule 10–208, WC Docket 11–10, WT Docket
be inconsistent with the CAA; and
• does not provide EPA with the published March 13, 2017 (82 FR 13413) No. 17–80, DA 17–347, adopted and
discretionary authority to address, as is extended. Submit comments on or released on April 11, 2017, which
appropriate, disproportionate human before April 26, 2017, and submit reply extends the comment and reply
health or environmental effects, using comments on or before May 11, 2017. comment filing deadlines established in
practicable and legally permissible ADDRESSES: All filings in response to the the FNPRM published under FCC No.
methods, under Executive Order 12898 FNPRM must refer to WC Docket No. 17–11 (82 FR 13413) on March 13, 2017.
(59 FR 7629, February 16, 1994). 10–90 and WT Docket No. 10–208. The The deadline to file justifications for
This SIP, proposing to determine that Commission strongly encourages parties requests for confidentiality of mobile
the Washington Area attained the 2008 to develop responses to the Further speed data submitted through FCC Form
ozone NAAQS by its July 20, 2016 Notice that adhere to the organization 477, initially established in a separate
attainment date, is not approved to and structure of the Further Notice. All Public Notice (DA 17–286, rel. March
apply on any Indian reservation land as filings in response to the Form 477 29, 2017) (Form 477 Public Notice), was
defined in 18 U.S.C. 1151 or in any Public Notice must refer to WT Docket also extended in this Order. Pursuant to
other area where EPA or an Indian tribe No. 17–80, WC Docket No. 10–90, WT sections 1.415 and 1.419 of the
has demonstrated that a tribe has Docket No. 10–208, and WC Docket No. Commission’s rules, 47 CFR 1.415,
jurisdiction. In those areas of Indian 11–10. You may submit comments and 1.419, interested parties may file
country, the rule does not have tribal other filings by any of the following comments and reply comments on or
implications and will not impose methods: before the dates indicated on the first
substantial direct costs on tribal D Federal Communications page of this document. Comments may
governments or preempt tribal law as Commission’s Web site: http:// be filed using the Commission’s
specified by Executive Order 13175 (65 apps.fcc.gov/ecfs/. Follow the Electronic Comment Filing System
nlaroche on DSK30NT082PROD with PROPOSALS
FR 67249, November 9, 2000). instructions for submitting comments. (ECFS). See Electronic Filing of
D Mail: Parties who choose to file by Documents in Rulemaking Proceedings,
List of Subjects in 40 CFR Part 52 paper must file an original and seven 63 FR 24121 (1998).
Environmental protection, Air copies of each filing. Filings can be sent
pollution control, Ozone, Incorporation by hand or messenger delivery, by Background
by reference, Intergovernmental commercial overnight courier, or by 1. On March 7, 2017, the Commission
relations, Reporting and recordkeeping first-class or overnight U.S. Postal released a Further Notice of Proposed
requirements. Service mail. All filings must be Rulemaking (FNPRM) in WC Docket No.
VerDate Sep<11>2014 14:19 Apr 24, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\25APP1.SGM 25APP1](https://thefederalregister.org/doc/82_FR_19089/page/4.svg)
Document Created: 2017-04-25 02:18:40
Document Modified: 2017-04-25 02:18:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before May 25, 2017. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 82 FR 19011 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Ozone; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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