Proposed Rule2024-26423
Air Plan Approval; District of Columbia, Maryland, Virginia; Determination of Attainment by the Attainment Date and Clean Data Determination for the Washington, DC-MD-VA Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Washington, DC-MD-VA nonattainment area (the Washington Area or the Area) has attained the 2015 8-hour ozone national ambient air quality standards (2015 ozone NAAQS) by the applicable attainment date of August 3, 2024. Accompanying this proposed determination of attainment by the attainment date is a re- proposed clean data determination (CDD) under the EPA's Clean Data Policy. If finalized, this action will address the EPA's obligation under Clean Air Act (CAA) sections 179(c) and 181(b)(2) to determine whether the Washington Area attained the 2015 ozone NAAQS by the August 3, 2024 attainment date and, as set forth in the EPA's Clean Data Policy, suspend the obligation of the District of Columbia (DC), the State of Maryland (MD), and the Commonwealth of Virginia (VA) to submit certain attainment planning requirements for as long as the Area continues to attain the 2015 ozone NAAQS. As part of this rulemaking, the EPA also proposes to take final agency action on an exceptional events request submitted by the District of Columbia on March 20, 2024, and concurred on by the EPA on July 17, 2024. The proposed attainment determination and CDD are based upon the EPA's concurrence on the exceptional events demonstration. This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024)</title>
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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Proposed Rules]
[Pages 90249-90254]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26423]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0987; FRL-10551-01-R3]
Air Plan Approval; District of Columbia, Maryland, Virginia;
Determination of Attainment by the Attainment Date and Clean Data
Determination for the Washington, DC-MD-VA Nonattainment Area for the
2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Washington, DC-MD-VA nonattainment area (the
Washington Area or the Area) has attained the 2015 8-hour ozone
national ambient air quality standards (2015 ozone NAAQS) by the
applicable attainment date of August 3, 2024. Accompanying this
proposed determination of attainment by the attainment date is a re-
proposed clean data determination (CDD) under the EPA's Clean Data
Policy. If finalized, this action will address the EPA's obligation
under Clean Air Act (CAA) sections 179(c) and 181(b)(2) to determine
whether the Washington Area attained the 2015 ozone NAAQS by the August
3, 2024 attainment date and, as set forth in the EPA's Clean Data
Policy, suspend the obligation of the District of Columbia (DC), the
State of Maryland (MD), and the Commonwealth of Virginia (VA) to submit
certain attainment planning requirements for as long as the Area
continues to attain the 2015 ozone NAAQS. As part of this rulemaking,
the EPA also proposes to take final agency action on an exceptional
events request submitted by the District of Columbia on March 20, 2024,
and concurred on by the EPA on July 17, 2024. The proposed attainment
determination and CDD are based upon the EPA's concurrence on the
exceptional events demonstration. This action is being taken under the
CAA.
DATES: Written comments must be received on or before December 16,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0987 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#e591848989809ccb8184938c81a5809584cb828a93"><span class="__cf_email__" data-cfemail="3e4a5f52525b47105a5f48575a7e5b4e5f10595148">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the 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. The 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 <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Ian Neiswinter, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2011. Mr. Neiswinter can also be reached via electronic mail
at <a href="/cdn-cgi/l/email-protection#620c070b11150b0c1607104c0b030c220712034c050d14"><span class="__cf_email__" data-cfemail="503e35392327393e2435227e39313e103520317e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This proposed determination is based upon
quality-assured, quality-controlled, and certified ambient air
monitoring data from 2021 to 2023 available in the EPA's Air Quality
System (AQS) database.
[[Page 90250]]
Neither this proposed attainment determination nor CDD redesignates the
Washington Area to attainment for the 2015 ozone NAAQS. The Area
remains designated nonattainment until such time as DC, MD, and VA
submit a request for redesignation pursuant to 107(d)(3) of the CAA and
the EPA determines that the area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.
I. Background
On October 26, 2015 (80 FR 65292), the EPA promulgated a revised
primary and secondary ozone NAAQS to provide requisite increased
protection of public health and welfare, respectively. In that action,
the EPA strengthened both standards from 0.075 parts per million (ppm)
to 0.070 ppm and retained the indicator (ozone), averaging time (8-
hour), and form (annual fourth-highest daily maximum, averaged over
three years) of the existing standards. Effective August 3, 2018 (83 FR
25776, June 4, 2018), the EPA designated 52 areas throughout the
country as nonattainment for the 2015 ozone NAAQS, including the
Washington Area,\1\ which was classified as a Marginal nonattainment
area. This designation was based on quality-assured, quality-
controlled, and certified air quality monitoring data from calendar
years 2014 to 2016. The EPA established the attainment date for
Marginal 2015 ozone NAAQS nonattainment areas as 3 years from the
effective date of the final designations, meaning the Washington Area
had an attainment date of August 3, 2021.\2\
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\1\ The Washington Area consists of the following counties/
cities: Calvert County, Charles County, Frederick County, Montgomery
County, and Prince George's County in Maryland; Alexandria city,
Arlington County, Fairfax County, Fairfax city, Falls Church city,
Loudoun County, Manassas Park city, Manassas city, Prince William
County in Virginia; and all of the District of Columbia. See 40 Code
of Federal Regulations (CFR) 81.309, 81.321, and 81.347.
\2\ See 83 FR 10376 (March 9, 2018) and 40 CFR 51.1303(a).
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Effective November 7, 2022 (87 FR 60897), the EPA determined that
22 Marginal areas or portions of areas failed to attain the standard by
the applicable Marginal attainment date, including the Washington Area.
In that action, the EPA reclassified the Washington Area as Moderate
nonattainment for the 2015 ozone NAAQS because it failed to attain the
standard by the attainment date of August 3, 2021. That designation was
based on quality-assured, quality-controlled, and certified ambient air
monitoring data from calendar years 2018 to 2020. In that same action,
the EPA established the Moderate attainment date as August 3, 2024.\3\
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\3\ See 87 FR 60897 (November 7, 2022).
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On February 1, 2023 (88 FR 6688), the EPA proposed a CDD for the
Washington Area based on quality-assured, quality-controlled, and
certified ambient air quality monitoring data showing the Area attained
the 2015 ozone NAAQS based on 2019 to 2021 data. The EPA did not
finalize that action due to a monitored violation of the 2015 ozone
NAAQS prior to final approval.\4\ On March 20, 2024, the Department of
Energy and Environment (DOEE) on behalf of DC submitted an exceptional
events (EE) demonstration to show that the ozone concentration recorded
at the McMillan monitor (AQS Site ID #110010043) on June 29, 2023, was
influenced by wildfires. The EPA concurred on this request on July 17,
2024. The EPA's Exceptional Events Rule and DOEE's exceptional events
demonstration are discussed in more detail in section II of this
document. Air monitoring data from 2021 to 2023, which pursuant to
EPA's concurrence on the DOEE demonstration now excludes the June 29,
2023, exceptional events influenced monitor day, indicates that the
Washington Area has attained the 2015 ozone NAAQS by the attainment
date of August 3, 2024. In light of this supplemental information that
shows continued attainment in the time following the 2023 CDD proposal,
the EPA is also re-proposing a CDD for the area. The EPA is including
this proposed rulemaking in the same docket as the February 1, 2023
proposed CDD for the Washington Area.\5\
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\4\ The EPA initially noted this violation based on preliminary
data, which was later certified.
\5\ See <a href="http://www.regulations.gov/search/docket?filter=EPA-R03-OAR-2022-0987">www.regulations.gov/search/docket?filter=EPA-R03-OAR-2022-0987</a>.
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II. Exceptional Events Demonstration
Congress has recognized that it may not be appropriate for the EPA
to use certain monitoring data collected by the ambient air quality
monitoring network and maintained in the EPA's AQS database in certain
regulatory determinations. Thus, in 2005, Congress provided the
statutory authority for the exclusion of data influenced by
``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA and granted the EPA with the authority to propose
regulations to review and manage air quality monitoring data influenced
by exceptional events.\6\
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\6\ Under CAA section 319(b), an exceptional event means an
event that: (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by the EPA under the process
established in regulations promulgated by the EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include: (i)
stagnation of air masses or meteorological inversions; (ii) a
meteorological event involving high temperatures or lack of
precipitation; or (iii) air pollution relating to source
noncompliance.
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On March 22, 2007 (72 FR 13560), the EPA promulgated the 2007
Exceptional Events Rule in order to implement this 2005 CAA amendment.
The 2007 Exceptional Events Rule created a regulatory process codified
at 40 CFR parts 50 and 51 (Sec. Sec. 50.1, 50.14, and 51.930). These
regulatory sections, which superseded the EPA's previous guidance on
handling data influenced by exceptional events, contain definitions,
procedural requirements, requirements for air agency demonstrations,
criteria for the EPA's approval of the exclusion of event-affected air
quality data from the data set used for regulation decisions, and
requirements for air agencies to take appropriate and reasonable
actions to protect public health from exceedances and violations of the
NAAQS. On October 3, 2016 (81 FR 68216), the EPA promulgated a
comprehensive revision to the 2007 Exceptional Events Rule. The 2016
Exceptional Events Rule revision included the requirement that, if a
State demonstrates to the Administrator's satisfaction that emissions
from a wildfire smoke event cause a specific air pollution
concentration in excess of the NAAQS at a particular air quality
monitoring location and otherwise satisfies the requirements of 40 CFR
50.14, the EPA must exclude that data from use in determinations of
exceedances and violations.\7\
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\7\ 40 CFR 50.14(b)(4).
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The CAA provides for the exclusion of air quality monitoring data
from design value (DV) calculations when there are NAAQS exceedances
caused by events, such as wildfires, that meet the criteria for an
exceptional event identified in the EPA's Exceptional Events Rule at 40
CFR 50.1, 50.14, and 51.930. For the purposes of this proposed action,
on March 20, 2024, DOEE on behalf of DC submitted an exceptional events
demonstration to show that the maximum daily 8-hour average ozone
concentration recorded at the McMillan monitor (AQS Site ID #110010043)
on June 29, 2023, was influenced by Canadian wildfires. The EPA
concurred on this request on July 17, 2024.\8\
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\8\ As described in the EPA's letter titled
``DOEE_WF_O3_Exceptional_Events_Letter RA'', provided in the docket
of this action, DOEE requested exclusion of data associated with
exceptional events claims for ozone data on June 1-2, 2023, and June
29, 2023. The EPA concurred on the June 29, 2023, McMillan monitor
day and deferred action on the remainder due to a lack of regulatory
significance.
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[[Page 90251]]
The EPA found that DOEE's demonstration met the Exceptional Events
Rule criteria and determined that wildfire smoke events had regulatory
significance for purposes of calculating the Area's most recent design
value to make a determination of attainment by the attainment date and
a CDD for the 2015 ozone NAAQS. As such, the EPA proposes to take final
regulatory action on the concurred date, as an exceptional event to be
removed from the dataset used for regulatory purposes. The rationale of
the EPA's exceptional events proposal is detailed in the docket. For
this proposed action, the EPA will rely on the calculated design values
that exclude the event-influenced data for the purpose of demonstrating
attainment of the 2015 ozone NAAQS. Further details on DOEE's analyses
and the EPA's concurrence, including the exceptional events initial
notification, exceptional events demonstration, and the EPA's response
to the initial notification can be found in the docket for this
regulatory action.
While the EPA has concurred with DOEE's request to exclude event-
influenced air quality monitoring data from regulatory decisions, these
regulatory actions require the EPA to provide an opportunity for public
comment on the claimed exceptional events and all supporting data prior
to the EPA taking final agency action. This proposed action provides
the public with an opportunity to comment on the claimed exceptional
events, all supporting documents, and the EPA's concurrence with DOEE's
request.
III. Determination of Attainment by the Attainment Date and Clean Data
Determination
A. Determination of Attainment by the Attainment Date
Sections 179(c)(1) and 181(b)(2)(A) of the CAA require the EPA to
determine whether an ozone nonattainment area attained the ozone
standard by the applicable attainment date. The EPA is required to
issue this determination within six months of the attainment date.
Because the ozone NAAQS is a concentration-based standard, a
determination of attainment is based on a nonattainment area's DV as of
the attainment date.\9\ Under the EPA regulations at 40 CFR 50.19(b)
and 40 CFR part 50, appendix U, the 2015 ozone NAAQS is attained when
the 3-year average of the annual fourth highest daily maximum 8-hour
average ambient air quality ozone concentration (i.e., DV) does not
exceed 0.070 ppm at each monitor site within the nonattainment
area.\10\ Because the DV is based on the three most recent, complete
calendar years of data, attainment must occur no later than the year
prior to the attainment date. Notably, the 2015 ozone DVs are based
solely on ozone season data.\11\ Ozone season is defined for each State
or portion of a State at 40 CFR part 58, appendix D, section 4.1, table
D-3. The ozone season for DC, MD, and VA runs annually from March 1st
to October 31st.\12\
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\9\ A design value is a statistic used to compare data collected
at an ambient air quality monitoring site to the applicable NAAQS to
determine compliance with the standard. The DV for the 2015 ozone
NAAQS is the 3-year average of the annual fourth highest daily
maximum 8-hour average ozone concentration. The DV is calculated for
each air quality monitor in an area, and the DV for an area is the
highest DV among the individual monitoring sites located in the
area.
\10\ The rounding convention in 40 CFR part 50, appendix U,
dictates that concentrations shall be reported in ``ppm'' to the
third decimal place, with additional digits to the right being
truncated. Thus, a computed 3-year average ozone concentration of
0.071 ppm is greater than 0.070 ppm and would exceed the standard,
but a DV of 0.0709 is truncated to 0.070 and attains the 2015 ozone
NAAQS.
\11\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50,
appendix U.
\12\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58,
appendix D, section 4.1, table D-3.
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As such, the EPA's proposed determination for the Area is based
upon the complete, quality-assured, quality-controlled, and certified
ozone monitoring data from calendar years 2021, 2022, and 2023. The
EPA's determination of attainment is based upon data that have been
collected and quality-assured in accordance with 40 CFR part 58 and
recorded in the EPA's AQS database.\13\ Ambient air quality monitoring
data for the 3-year period preceding the year of the attainment date
must meet the data completeness requirements in appendix U, section
4(b). These completeness requirements are met for the 3-year period at
a monitoring site if daily maximum 8-hour average concentrations of
ozone are available for at least 90 percent of the days within the
ozone monitoring season, on average, for the 3-year period, and no
single year has less than 75 percent data completeness.\14\
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\13\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, State, local, and Tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to: (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate State implementation plans for non-
attainment areas, (4) perform modeling for permit review analysis,
and (5) prepare reports for Congress as mandated by the CAA. See
<a href="http://www.epa.gov/aqs">www.epa.gov/aqs</a>.
\14\ As noted, the ozone season is defined for each State or
portion of a State at 40 CFR part 58, appendix D, section 4.1, table
D-3. The ozone season for DC, MD, and VA runs annually from March
1st to October 31st.
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As detailed in section III.C of this document, the EPA has
evaluated the relevant data and determined that the Washington Area
attained the 2015 Ozone NAAQS by the Moderate area attainment date of
August 3, 2024, based on the area's 2021-2023 DV. Notably, a
determination of attainment by the attainment date does not constitute
formal redesignation to attainment as provided for under CAA section
107(d)(3). Redesignations to attainment require, among other things,
that the States responsible for ensuring attainment and maintenance of
the NAAQS have met the applicable requirements under CAA section 110
and part D, and to submit to the EPA for approval a maintenance plan to
ensure continued attainment of the standard for 10 years following
redesignation, as provided under CAA section 175A.
B. Clean Data Policy and Clean Data Determinations
Following the enactment of the CAA Amendments of 1990, the EPA
discussed its interpretation of the requirements for implementing the
NAAQS in the ``General Preamble for the Implementation of title I of
the CAA Amendments of 1990'' (General Preamble).\15\ In 1995, based on
the interpretation of CAA sections 171, 172, and 182 in the General
Preamble, the EPA set forth what has become known as its ``Clean Data
Policy'' for the 1-hour ozone NAAQS.\16\ Under the Clean Data Policy,
for a nonattainment area that can demonstrate attainment of the
standard before implementing CAA nonattainment measures, the EPA
interprets the requirements of the CAA that are specifically designed
to help an
[[Page 90252]]
area achieve attainment, including attainment demonstrations,
implementation of reasonably available control measures (RACM),
reasonable further progress (RFP) demonstrations, emissions limitations
and control measures as necessary to provide for attainment, and
contingency measures, to be suspended for so long as air quality
continues to meet the standard.\17\
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\15\ 57 FR 13498, 13564 (April 16, 1992).
\16\ See Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, entitled ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for
Ozone Nonattainment areas Meeting the Ozone National Ambient Air
Quality Standard,'' dated May 10, 1995 (1995 John S. Seitz Memo).
Further description of the EPA's Clean Data Policy can be found in
the ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2'' (referred to as the Phase 2 Final Rule)
(70 FR 71612, November 29, 2005). The Tenth, Seventh, and Ninth
Circuit U.S. District Courts have upheld the EPA rulemakings
applying the Clean Data Policy. See Sierra Club v. EPA, 99 F. 3d
1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir.
2004); Our Children's Earth Foundation v. EPA, No. 04-73032 (9th
Cir., June 28, 2005) memorandum opinion.
\17\ 1995 John S. Seitz memo.
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The EPA may issue a CDD under the EPA's Clean Data Policy when a
nonattainment area is attaining the 2015 ozone NAAQS based on the most
recent available data. The EPA will determine whether the area has
attained the 2015 ozone NAAQS based on available information, including
air quality monitoring data for the affected area. If the CDD is made
final, then certain attainment plan requirements for the area are
suspended for so long as the area continues to attain the NAAQS.
Furthermore, the suspension of the obligation to submit an
attainment plan is only appropriate where the area remains in
attainment of the NAAQS. A CDD under the Clean Data Policy does not
serve to alter the area's nonattainment designation. The EPA will not
take final action on the CDD for the Washington Area if the design
value of a monitoring site within the Area violates the 2015 ozone
NAAQS prior to final approval of the CDD. CDDs are not redesignations
to attainment. As noted above, for the EPA to redesignate an area to
attainment the State must submit, and the EPA must approve, a
redesignation request for the area that meets the requirements of CAA
section 107(d)(3).
C. Analysis of Air Quality Data
The EPA has reviewed the ambient air monitoring data for ozone,
consistent with the requirements contained in 40 CFR part 50 and
recorded in the EPA's AQS database for the Washington Area from 2021
through 2023. That data is detailed in tables 1 through 3 of this
document. On the basis of that review, the EPA has concluded that the
Washington Area attained the 2015 ozone NAAQS by the applicable
attainment date (August 3, 2024) based on quality-assured, quality-
controlled, and certified ozone data from 2021 to 2023. Prior DVs from
the monitoring periods 2019-2021 and 2020-2022 further support the
EPA's conclusion that the area attained the 2015 ozone NAAQS.
As stated previously, under the EPA's regulations, the 2015 ozone
NAAQS is attained when the 3-year average of the annual fourth-highest
daily maximum 8-hour average ozone concentrations at an ozone monitor
is less than or equal to 0.070 ppm.\18\ When calculating the DV, digits
to the right of the third decimal place are truncated.\19\ When the DV
is less than or equal to 0.070 ppm at each monitor within the area,
then the area is meeting the 2015 ozone NAAQS. As noted above, the 2015
ozone DVs are based solely on ozone season data, which runs annually
from March 1st to October 31st for DC, MD, and VA.\20\
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\18\ See 40 CFR 50.19(b) and 40 CFR part 50, appendix U.
\19\ See 40 CFR 51.1300(b), which refers to 40 CFR part 50,
appendix U.
\20\ See 40 CFR 51.1300(j), which refers to 40 CFR part 58,
appendix D, section 4.1, table D-3.
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The data completeness requirement in 40 CFR part 50, appendix U, is
met when the average percentage of days with valid ambient monitoring
data is greater than 90% and no single year is less than 75% data
complete. The Washington Area has complete data for the years 2019 to
2023, as shown in table 1 in this document, except for the Takoma
Recreation Center monitor (AQS Site ID #110010050).
Due to building repairs, the Takoma Recreation Center monitoring
operations were temporarily halted from April 28 to October 7, 2022.
During this timeframe, the DC Department of Parks and Recreation began
repairing the Takoma Recreation Center station's roof, forcing the
site's closure.\21\ Operations were disrupted again from April 5 to
September 14, 2023, due to a burglary incident.\22\ Unidentified
individuals broke into the station, broke several windows, and took the
data logger and the computer monitor. Building security has been
enhanced since the most recent incident, and station operations and
data collection have resumed.
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\21\ DOEE notified the EPA via email, included in the docket of
this action, that the Takoma Recreation Center monitoring operations
would be temporarily halted during the station's repair.
\22\ DOEE notified the EPA via email, included in the docket of
this action, that the Takoma Recreation Center monitoring operations
would be temporarily halted due to the burglary incident. DOEE also
noted of the temporary halt of operation in Footnote 1 on Pg. 23 of
DOEE's 2024 Annual Ambient Air Monitoring Network Plan, included in
the docket of this action.
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The Takoma Recreation Center monitoring site (AQS ID #110010050)
had a valid attaining design value in 2019-2021 of 0.066 ppm. The
Takoma Recreation Center monitoring site has attained the 2015 ozone
NAAQS standard of 0.070 ppm since 2016. Based on the monitoring history
for this site and other sites in the Area, the EPA reasonably concludes
that the Takoma Recreation Center monitoring site would not have
exceeded the 2015 ozone NAAQS standard for the 2020-2022 or 2021-2023
DVs. For each monitor site in the area, except for the Takoma
Recreation Center, the average completeness data percentage from 2019-
2021, 2020-2022 and 2021-2023 is greater than 90% and no single monitor
year is below 75% complete.
Table 1--Completeness Data Percentage (%) From 2019 to 2023 for the Washington Area
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2019-2021 2020-2022 2021-2023
Location AQS site ID 2019 2020 2021 Average 2022 Average 2023 Average
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District of Columbia............ 110010041 100 98 98 99 95 97 98 97
District of Columbia............ 110010043 98 99 99 99 98 99 96 98
District of Columbia............ 110010050 100 97 99 99 * 29 * 75 * 23 * 50
Calvert, MD..................... 240090011 93 96 90 93 97 94 96 94
Charles, MD..................... 240170010 90 96 98 95 100 98 98 99
Frederick, MD................... 240210037 99 94 98 97 96 96 94 96
Montgomery, MD.................. 240313001 96 97 98 97 98 98 99 98
Prince George's, MD............. 240330030 96 97 95 96 89 94 96 93
Prince George's, MD............. 240338003 95 95 98 96 97 97 97 97
Prince George's, MD............. 240339991 93 92 96 94 92 93 93 94
Arlington, VA................... 510130020 99 99 100 99 99 99 99 99
Fairfax, VA..................... 510590030 98 98 99 98 98 98 98 98
Loudoun, VA..................... 511071005 90 99 100 96 100 100 97 99
Prince William, VA.............. 511530009 100 99 96 98 100 98 100 99
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* This data is below the data completeness requirement in 40 CFR part 50, appendix U.
[[Page 90253]]
Table 2 in this document shows the fourth-highest maximum 8-hour
average ozone concentrations for the Washington Area monitors in each
of the years 2019 to 2023. Table 3 in this document shows the ozone DV
for these same monitors based on the average of the fourth-highest
maximum 8-hour average ozone concentrations for the 2019-2021, 2020-
2022, and 2021-2023 3-year periods.
Table 2--Fourth-Highest 8-Hour Ozone Average Concentrations (ppm) in the Washington Area in Each Year From 2019 to 2023
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Location AQS site ID 2019 2020 2021 2022 2023
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District of Columbia.................................... 110010041 0.062 0.054 0.064 0.059 0.058
District of Columbia.................................... 110010043 0.071 0.063 0.072 0.066 0.072
District of Columbia.................................... 110010050 0.067 0.063 0.069 * 0.051 * 0.046
Calvert, MD............................................. 240090011 0.058 0.054 0.062 0.058 0.066
Charles, MD............................................. 240170010 0.061 0.052 0.066 0.061 0.069
Frederick, MD........................................... 240210037 0.065 0.063 0.067 0.061 0.074
Montgomery, MD.......................................... 240313001 0.062 0.059 0.068 0.063 0.068
Prince George's, MD..................................... 240330030 0.071 0.064 0.066 0.061 0.070
Prince George's, MD..................................... 240338003 0.065 0.060 0.070 0.064 0.073
Prince George's, MD..................................... 240339991 0.075 0.065 0.071 0.065 0.072
Arlington, VA........................................... 510130020 0.068 0.062 0.070 0.061 0.071
Fairfax, VA............................................. 510590030 0.070 0.057 0.068 0.062 0.073
Loudoun, VA............................................. 511071005 0.060 0.060 0.066 0.061 0.067
Prince William, VA...................................... 511530009 0.060 0.057 0.062 0.058 0.070
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This data is shown in EPA's AQS as incomplete.
Table 3--Ozone Design Values (ppm) for the Washington Area
----------------------------------------------------------------------------------------------------------------
Location AQS site ID 2019-2021 2020-2022 2021-2023
----------------------------------------------------------------------------------------------------------------
District of Columbia............................ 110010041 0.060 0.059 0.060
District of Columbia............................ 110010043 0.068 0.067 0.070
District of Columbia............................ 110010050 0.066 * 0.061 * 0.055
Calvert, MD..................................... 240090011 0.058 0.058 0.062
Charles, MD..................................... 240170010 0.059 0.059 0.065
Frederick, MD................................... 240210037 0.065 0.063 0.067
Montgomery, MD.................................. 240313001 0.063 0.063 0.066
Prince George's, MD............................. 240330030 0.067 0.063 0.065
Prince George's, MD............................. 240338003 0.065 0.064 0.069
Prince George's, MD............................. 240339991 0.070 0.067 0.069
Arlington, VA................................... 510130020 0.066 0.064 0.067
Fairfax, VA..................................... 510590030 0.065 0.062 0.067
Loudoun, VA..................................... 511071005 0.062 0.062 0.064
Prince William, VA.............................. 511530009 0.059 0.059 0.063
----------------------------------------------------------------------------------------------------------------
* This data is shown in the EPA's AQS as incomplete.
The EPA's review of these data indicates that the 2021-2023 DV at
each of the Washington Area's monitors that has valid 2021-2023 data
met the attainment standard of 0.070 ppm, excluding the exceptional
event impacted monitoring day summarized in section II of this
document.\23\ As a result, the EPA is able to determine that the
Washington Area met the 2015 8-hour ozone standard by the applicable
attainment date of August 3, 2024, and meets the requirements under the
Clean Data Policy for a CDD. Prior ozone data from the 2019-2021 and
2020-2022 monitoring periods further supports the EPA's conclusion that
the Area attained the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\23\ Further details on DOEE's exceptional events analysis and
the EPA's concurrence on the demonstration can be found in the
docket for this regulatory action.
---------------------------------------------------------------------------
IV. Proposed Action
The EPA is proposing to determine that the Washington moderate
ozone nonattainment area has attained the 2015 8-hour ozone NAAQS by
the attainment date of August 3, 2024. This proposed determination is
based upon complete, quality-assured, quality-controlled, and certified
ambient air monitoring data that show the Washington Area has monitored
attainment of the 2015 8-hour ozone NAAQS for the 2021-2023 monitoring
period, including an evaluation of an exceptional events demonstration.
If finalized, this action will address the EPA's obligation under CAA
sections 179(c) and 181(b)(2) to determine whether the Washington Area
attained the 2015 ozone NAAQS by the August 3, 2024 attainment date.
The EPA is also re-proposing to determine that the Area has clean
data, consistent with Agency policy described above. As provided in 40
CFR 51.1318, if the EPA finalizes this CDD, it would suspend the
requirements for such area to submit attainment demonstrations,
associated RACM, RFP plans, and contingency measures under CAA section
172(c)(9), and any other planning State implementation plan revision
related to attainment of the 2015 8-hour ozone NAAQS for this Area, for
so long as the Area continues to attain the standard. Finalizing either
the attainment determination or CDD does not constitute a redesignation
of the Washington Area to attainment for the 2015 8-hour ozone NAAQS
under CAA section 107(d)(3). This action also does not involve
approving any maintenance plan for the Washington Area and does not
determine that the Washington Area has met all the requirements for
redesignation under the CAA, including that the attainment
[[Page 90254]]
be due to permanent and enforceable measures. Therefore, the
designation status of the Washington Area will remain nonattainment for
the 2015 8-hour ozone NAAQS until such time as DC, MD, and VA submit a
request for redesignation pursuant to 107(d)(3) of the CAA and the EPA
determines that the area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the area.
The EPA also proposes to take final agency action on an exceptional
events request submitted by DC on March 20, 2024, and concurred on by
the EPA on July 17, 2024.
The EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action. The EPA previously received comments on the 2023 CDD Proposal
(88 FR 6688, February 1, 2023). In re-proposing the CDD, the EPA will
consider all comments received on the 2023 CDD Proposal as the Agency
moves forward with the current rulemaking. Accordingly, commenters need
not submit duplicate comments on the current proposal.\24\ However, the
EPA welcomes comments providing additional information not previously
submitted to the Agency.
---------------------------------------------------------------------------
\24\ Comments received on the 2023 Proposal are contained in the
same docket as the current proposal: Docket ID No. EPA-R03-OAR-2022-
0987.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
This rulemaking proposes to make an attainment determination based
on air quality data and would, if finalized, result in the suspension
of certain Federal requirements and would not impose any additional
requirements. For that reason, this proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The EPA did not perform an EJ analysis and did not consider EJ in
this action. Due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income population, and
Indigenous peoples.
In addition, this action for the Washington Area does not have
Tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the Washington Area, and the 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-26423 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.