[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Proposed Rules]
[Page 22896-22901]
[DOCID:fr28ap08-30]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2008-0109; FRL-8559-4]

Determination of Attainment for the Ozone National Ambient Air
Quality Standards for Nonattainment Areas in Delaware, District of
Columbia, Maryland, Pennsylvania, and Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that two severe 1-hour ozone
nonattainment areas, Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD and
Metropolitan Washington, DC-MD-VA, attained the 1-hour ozone National
Ambient Air Quality Standards (NAAQS) by the applicable attainment date
of November 15, 2005. EPA also proposes to find that these areas are
not subject to the imposition of the penalty fees under section 185 of
the Clean Air Act (CAA). This proposal is based on three years of
complete, quality-assured ambient air quality monitoring data for 2003
through 2005 ozone seasons. This proposed determination of attainment
is not a redesignation to attainment for these severe areas for which
air quality monitoring data indicates attainment of the standard. EPA
is proposing this action to fulfill obligations to make such
determinations under the CAA.

DATES: Written comments must be received on or before May 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0109 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2008-0109, 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-
2008-0109. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 http://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
http://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 http://
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: Christopher Cripps,<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

I. What Actions Are EPA Proposing?

    EPA is proposing two actions for both the Philadelphia-Wilmington-
Trenton, PA-NJ-DE-MD 1-hour ozone nonattainment area (hereafter ``the
Philadelphia area'') and the Metropolitan Washington, DC-MD-VA 1-hour
ozone nonattainment area (hereafter ``the Washington area'').
    For the Philadelphia area, EPA is proposing to determine that this
area attained the 1-hour ozone NAAQS by its attainment date, November
15, 2005. Because EPA is proposing to find that this area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that this area is not subject to the imposition of the
section 185 penalty fees.
    For the Washington area, EPA is proposing to determine that this
area attained the 1-hour ozone NAAQS by its attainment date, November
15, 2005. Because EPA is proposing to find that this area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that this area is not subject to the imposition of the
section 185 penalty fees.
    Under Section 181(b)(2) of the CAA, EPA must determine whether
ozone nonattainment areas have attained the ozone NAAQS by their
attainment date. In the case of the Philadelphia and Washington areas
these determinations are based upon air quality monitoring data for the
2003 through 2005 ozone seasons and must be based on the area's design
value as of the attainment date.\1\
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    \1\ EPA remains obligated under section 181(b)(2) to determine
whether an area attained the 1-hour ozone NAAQS by its attainment
date. However, after the revocation of the 1-hour ozone NAAQS, EPA
is no longer obligated to reclassify an area to a higher
classification for the 1-hour NAAQS based upon a determination that
the area failed to attain the 1-hour NAAQS by the area's attainment
date for the 1-hour NAAQS. (40 CFR 51.905(e)(2)(i)(B). Thus even if
we make a finding that an area has failed to attain the 1-hour ozone
NAAQS by its attainment date, the area would not be reclassified to
a higher classification.
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    This proposed determination of attainment is not a redesignation to
attainment action for these severe areas. Nor is it a determination as
to whether either the Philadelphia area or Washington area has
continued to maintain attainment with the NAAQS after November 15,
2005.

II. What Is the Background for These Proposed Actions?

A. What Are the Geographical Boundaries of the Philadelphia and
Washington Areas?

1. What Are the Geographical Boundaries of the Philadelphia Area 1-Hour
Severe Ozone Nonattainment Area?
    The Philadelphia 1-hour severe ozone nonattainment area consists
of: Cecil County, Maryland; Kent and New Castle Counties in Delaware;
Burlington, Camden, Cumberland, Gloucester, Mercer, and Salem Counties
in New

Jersey; and, Bucks, Chester, Delaware, Montgomery, and Philadelphia
Counties in Pennsylvania.
2. What Are the Geographical Boundaries of the Washington Area 1-hour
Severe Ozone Nonattainment Area?
    The Washington 1-hour severe ozone nonattainment area consists of
the District of Columbia (the District), a Northern Virginia portion
(Arlington, Fairfax, Loudoun, Prince William, and Stafford Counties and
the cities of Alexandria, Falls Church, Fairfax, Manassas, and Manassas
Park), and Calvert, Charles, Frederick, Montgomery, and Prince George's
Counties in Maryland.

B. What Is the History of the Ozone Designations and Classifications
and 1-Hour Ozone Requirements for the Philadelphia and Washington 1-
Hour Ozone Nonattainment Areas?

    When the CAA Amendments were enacted in 1990, each area of the
country that was designated nonattainment for the 1-hour ozone NAAQS,
including the Philadelphia and Washington areas, were classified by
operation of law as marginal, moderate, serious, severe, or extreme
depending on the severity of the area's air quality problem. See, CAA
sections 107(d)(1)(C) and 181(a). The Philadelphia 1-hour zone
nonattainment area was classified as ``severe-15'' with a statutory
attainment date of November 15, 2005. See, 56 FR 56694, November 6,
1991. The Washington area was designated nonattainment and initially
classified ``serious'' for the 1-hour ozone NAAQS pursuant to section
181(a) of the CAA, but was later reclassified as ``severe-15'' with a
statutory attainment date of November 15, 2005, due to its failure to
attain by the November 15, 1999 attainment date for serious areas. See,
56 FR 56694, November 6, 1991 and 68 FR 3410, January 24, 2003.

C. What Is the History of the 1-Hour Ozone Requirements Under EPA's
Anti-Backsliding Rule?

    In an April 30, 2004 final rule (69 FR 23858), EPA designated and
classified most areas of the country under the 8-hour ozone NAAQS
promulgated in 40 CFR 50.10. On April 30, 2004, EPA also issued a final
rule (69 FR 23951) entitled ``Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard--Phase 1'' (Phase 1 Rule). Among
other matters, this rule revoked the 1-hour ozone NAAQS in the
Philadelphia and Washington areas (as well as most other areas of the
country), effective June 15, 2005. See, 40 CFR 50.9(b); 69 FR at 23996;
and 70 FR 44470, August 3, 2005. This Phase 1 Rule also set forth how
anti-backsliding principles will ensure continued progress toward
attainment of the 8-hour ozone NAAQS by identifying which 1-hour
requirements remain applicable in an area after revocation of the 1-
hour ozone NAAQS. Among the requirements not retained were the section
185 requirements for 1-hour severe or extreme nonattainment areas that
fail to attain the 1-hour ozone NAAQS by the applicable 1-hour
attainment date and the requirement to implement contingency measures
for failure to attain the 1-hour ozone NAAQS by the applicable
attainment date. See, 69 FR 23951, April 30, 2004, and 70 FR 30592, May
26, 2005.
    On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (the Court) vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). Subsequently, in South Coast Air Quality Management Dist. v.
EPA, 489 F.3d 1295 (D.C. Cir. 2007), in response to several petitions
for rehearing, the Court clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. With respect to the challenges to the anti-backsliding
provisions of the rule, the Court vacated three provisions that would
have allowed States to remove from the SIP or to not adopt three 1-hour
obligations once the 1-hour ozone NAAQS was revoked: (1) Nonattainment
area new source review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) section 185 requirement for 1-hour
severe or extreme nonattainment areas that fail to attain the 1-hour
ozone NAAQS by the 1-hour attainment date; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS or for failure to attain that
NAAQS. The Court clarified that 1-hour conformity determinations are
not required for anti-backsliding purposes.
    The provisions in 40 CFR 51.905(a)-(c) remain in effect and areas
must continue to meet those anti-backsliding requirements. However, the
three provisions noted previously, which are specified in 51.905(e),
were vacated by the Court. As a result, States must continue to meet
the obligations for 1-hour NSR; 1-hour contingency measures; and, for
severe and extreme areas, the obligations related to the section 185
requirement. Currently, EPA is developing two proposed rules to address
the Court's vacatur and remand with respect to these three
requirements. We will address in this proposed rule how the 1-hour
obligations that currently continue to apply under EPA's anti-
backsliding rule (as interpreted by the Court) apply where EPA has made
a determination that the area attained the 1-hour ozone NAAQS by its
attainment date.

D. What Are the Section 185 Requirements Pertinent to This Proposed
Action?

    Section 185(a) of the CAA states that for a severe or extreme ozone
nonattainment a State must collect fees on certain stationary sources
of air pollution if the area ``has failed to attain the national
primary ambient air quality standard for ozone by the applicable
attainment date.''

E. What Are the Data Rounding Conventions for the 1-Hour Ozone NAAQS?

    Although the 1-hour ozone NAAQS as promulgated in 40 CFR 50.9
includes no discussion of specific data handling conventions, our
publicly articulated position and the approach long since universally
adopted by the air quality management community is that the
interpretation of the 1-hour ozone standard requires rounding ambient
air quality data consistent with the stated level of the standard,
which is 0.12 parts per million (ppm). 40 CFR 50.9(a) states that:
``The level of the national 1-hour primary and secondary ambient air
quality standards for ozone * * * is 0.12 parts per million. * * *. The
standard is attained when the expected number of days per calendar year
with maximum hourly average concentrations Pennsylvania 0.12 parts per
million * * * is equal to or less than 1, as determined by appendix H
to this part.''
    We have clearly communicated the data handling conventions for the
1-hour ozone NAAQS in guidance documents. As early as 1979, EPA issued
guidance that the level of our NAAQS dictates the number of significant
figures to be used in determining whether the standard was exceeded.
The stated level of the standard is taken as defining the number of
significant figures to be used in comparisons with the standard. For
example, a standard level of 0.12 ppm means that measurements are to be
rounded to two decimal places (0.005 rounds up), and, therefore, 0.125
ppm is the smallest concentration value in excess of the level of the
standard. See,

``Guideline for the Interpretation of Ozone Air Quality Standards,''
EPA-450/4-79-003, OAQPS No. 1.2-108, January 1979. EPA has consistently
applied the rounding convention in this 1979 guideline. For example,
see, 68 FR 19106 at 19111, April 17, 2003; 68 FR 62041 at 62043,
October 31, 2003; and, 69 FR 21717 at 21719, April 22, 2004.

F. How Do We Make Attainment Determinations?

    Section 181(b)(2)(A) requires the Administrator to determine after
the attainment date whether ozone nonattainment areas have attained the
NAAQS. This provision states: ``Within 6 months following the
applicable attainment date (including any extension thereof) for an
ozone nonattainment area, the Administrator shall determine, based on
the area's design value (as of the attainment date), whether the area
attained the standard by the date.'' Although section 181(b)(2)(A)
states that the determination of attainment status be based on the
area's ``design value,'' EPA interprets this provision generally to
refer to EPA's methodology for determining attainment status. That is,
EPA determines attainment status under the 1-hour ozone NAAQS on the
basis of the annual average number of expected exceedances of the NAAQS
over the 3-year period up to, and including, the attainment date. See,
60 FR 3349, January 17, 1995. See, also, ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 at 13506, April 16, 1992 (the ``General Preamble'').
    We will determine whether an area's air quality is meeting the
NAAQS for purposes of sections 181(b)(2) 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, (formerly known as
the Aerometric Information Retrieval System (AIRS)).
    The 1-hour ozone NAAQS is 0.12 ppm, not to be exceeded on average
more than 1 day per year averaged over any 3-year period. See, 40 CFR
50.9 and appendix H to 40 CFR part 50. To account for missing data, the
procedures found in appendix H to 40 CFR part 50 are used to adjust the
actual number of monitored exceedances of the standard to yield the
annual number of expected exceedances (``expected exceedance days'') at
an air quality monitoring site. Under our policies, we determine if an
area has attained the 1-hour ozone NAAQS by calculating, at each
monitor, the average expected number of days over the standard per year
(i.e., ``average number of expected exceedance days'') during the
applicable 3-year period. See, generally the General Preamble, 57 FR at
13506, April 16, 1992 and Memorandum from D. Kent Berry, Acting
Director, Air Quality Management Division, EPA, to Regional Air Office
Directors; ``Procedures for Processing Bump Ups and Extensions for
Marginal Ozone Nonattainment Areas,'' February 3, 1994. While the
latter is explicitly applicable only to marginal areas, the general
procedures for evaluating attainment in terms of the average number of
expected exceedance days during the applicable 3-year period in this
memorandum apply regardless of the initial classification of an area
because all findings of attainment are made pursuant to the same CAA
requirements in section 181(b)(2).
    As noted previously, the applicable attainment date under the 1-
hour ozone NAAQS for both the Philadelphia and Washington areas was
November 15, 2005. Under these requirements, for severe ozone
nonattainment areas with a statutory attainment date of November 15,
2005, we have based our proposed determination of attainment of the 1-
hour ozone NAAQS by the applicable attainment date on the average
number of expected exceedance days per year for the period 2003 though
2005 to determine whether the area met its applicable attainment date
under section 181 of the CAA. We have reviewed this data to determine
the area's air quality status in accordance with 40 CFR 50.9, and EPA
policy guidance as discussed in the preceding paragraphs and in the
previous discussion on rounding conventions elsewhere in the is
document.

III. What Is the Basis for EPA's Proposed Determinations of Attainment
Under Section 181?

A. How Did We Determine That the Philadelphia and Washington Areas
Attained the 1-Hour Ozone NAAQS by the Applicable Attainment Date?

    From 2003 through 2005, ambient air quality for ozone was monitored
on a continuous basis at 18 monitoring sites within the Philadelphia
area and at 17 monitoring sites in the Washington area. As noted
previously, the applicable attainment date for both the Philadelphia
and Washington severe 1-hour ozone nonattainment areas was November 15,
2005. We are evaluating attainment based on the data from 2003 through
2005.
1. Summary of the Philadelphia Area's Ozone Data for 2003 to 2005
    During the entire 2003 to 2005 period, 18 ozone monitoring stations
in the Philadelphia area were in operation. One other monitor
discontinued operations in 2003.\2\ Table 1.A summarizes the ozone data
collected at the 18 ozone monitoring stations during the 2003 to 2005
period and included in AQS for the Philadelphia area. This data has
been quality assured and is recorded in AQS. The Philadelphia area
States use the AQS as the permanent database to maintain its data and
quality assure the data transfers and content for accuracy. We have
used the established rounding conventions set forth in our guidance
documents and regulations.
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    \2\ This was the monitor located at West Chester University in
West Chester, Chester County, Pennsylvania (AQS ID
420290050). The monitor had averaged 0.3 exceedances per year over
this 3-year period from 2001 to 2003. Therefore, EPA concludes that
this monitor was attaining the 1-hour ozone NAAQS at the time
monitoring ceased at this site.

 Table 1.A.--Average Number of Ozone Expected Exceedance Days Per Year by Monitors in the Philadelphia Area 2003
                                                     to 2005
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                         Monitor information                               Number of expected         Average
----------------------------------------------------------------------      exceedance days          number of
                                                                      ---------------------------    expected
                                                                                exceedance
         State                     Monitor               AQS ID No.                                days per year
                                                                         2003     2004     2005  ---------------
                                                                                2003-05
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DE....................  Killens Pond Rd, Kent County.       100010002      1.0      0.0      0.0             0.3
DE....................  Lums Pond State Park, New           100031007      1.0      0.0      2.0             1.0
                         Castle County.
DE....................  Brandywine Creek State Park,        100031010      0.0      0.0      0.0             0.0
                         New Castle County.

DE....................  Bellevue State Park, New            100031013      0.0      0.0      0.0             0.0
                         Castle County.
MD....................  Fairhill, Cecil County.......       240150003      0.0      0.0      2.0             0.7
NJ....................  Copewood E. Davis Sts, Camden       340070003      0.0      0.0      0.0             0.0
NJ....................  Ancora State Hospital, Camden       340071001      2.0      0.0      0.0             0.7
                         County.
NJ....................  Lincoln Ave. & Highway 55,          340110007      1.0      0.0      1.0             0.7
                         Vineland, Cumberland County.
NJ....................  Shady Lane Rest Home,               340150002      2.0      0.0      0.0             0.7
                         Clarksboro, Gloucester
                         County.
NJ....................  Rider College, Mercer County.       340210005      0.0      0.0      0.0             0.0
PA....................  Rockview Lane, Bristol, Bucks       420170012      0.0      0.0      1.0             0.3
                         County.
PA....................  New Garden Airport--                420290100      0.0      0.0      1.0             0.3
                         Toughkenamon, Chester County.
PA....................  Front St & Norris St,               420450002      0.0      0.0      1.1             0.4
                         Chester, Delaware County.
PA....................  State Armory, Norristown,           420910013      0.0      0.0      0.0             0.0
                         Montgomery County.
PA....................  1501 E Lycoming Ave AMS Lab,        421010004      0.0      0.0      0.0             0.0
                         Philadelphia.
PA....................  Roxy Water Pump Sta,                421010014      0.0      0.0      0.0             0.0
                         Philadelphia.
PA....................  Grant-Ashton Roads, NE              421010024      0.0      0.0      2.0             0.7
                         Airport, Philadelphia.
PA....................  Amtrak, 5917 Elmwood Avenue,        421010136      0.0      0.0      0.0            0.0
                         Philadelphia.
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Source: EPA AQS Database.

    As shown in Table 1.A, the average number of expected exceedance
days per year is less than or equal to 1.0 at all of the sites.
Therefore, we propose to find that the Philadelphia area attained the
1-hour ozone NAAQS by November 15, 2005, which was the applicable
attainment date under the 1-hour ozone NAAQS for this nonattainment
area.
2. Summary of the Washington Area's Ozone Data for 2003 to 2005
    During the entire 2003 to 2005 period, there were 17 ozone
monitoring stations in the Washington area were in operation. One other
monitor had discontinued operations in 2003.\3\ Table 1.B summarizes
the ozone data collected at the ozone monitoring stations during the
2003 to 2005 period and included in AQS for the Washington area. This
data has been quality assured and is recorded in AQS. The Washington
area States use the AQS as the permanent database to maintain its data
and quality assure the data transfers and content for accuracy. We have
used the established rounding conventions set forth in our guidance
documents and regulations.
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    \3\ This was the monitor located at the Goddard Space Flight
Center in Greenbelt, Prince George's County, Maryland (AQS
Id 240330002). This monitor had averaged of 0.7 exceedances
per year over this 3-year period from 2001 to 2003. Therefore, EPA
concludes that this monitor was attaining the 1-hour ozone NAAQS at
the time monitoring ceased at this site.

Table 1.B.--Average Number of Ozone Expected Exceedance Days per Year by Monitors in the Washington Area 2003 to
                                                      2005
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                         Monitor information                               Number of expected     Average number
----------------------------------------------------------------------      exceedance days        of  expected
                                                                      ---------------------------   exceedance
                                                                                days per year
         State                     Monitor               AQS ID No.      2003     2004     2005  ---------------
                                                                                2003-05
----------------------------------------------------------------------------------------------------------------
DC....................  Tacoma School, Washington....       110010025      0.0      0.0      0.0             0.0
DC....................  River Terrace, 34th and Dix         110010041      0.0      0.0      0.0             0.0
                         Streets, NE, Washington.
DC....................  McMillan Reservoir, 2500 1st        110010043      0.0      0.0      0.0             0.0
                         Street, NW, Washington.
MD....................  Calvert County...............       240090011   Note 1   Note 1      0.0          Note 1
MD....................  Southern Maryland, Charles          240170010      1.0      0.0      0.0             0.3
                         County.
MD....................  Frederick County.............       240210037      0.0      0.0      0.0             0.0
MD....................  Rockville, Montgomery County.       240313001      1.1      0.0      0.0             0.4
MD....................  Howard University's                 240330030   Note 1   Note 1      0.0          Note 1
                         Beltsville Laboratory,
                         Beltsville, Prince George's
                         County.
MD....................  P.G. County Equestrian Cntr,        240338003      2.0      0.0      0.0             0.7
                         Prince George's County.
VA....................  18th And Hayes St, Arlington        510130020      1.0      0.0      0.0             0.3
                         County.
VA....................  Cub Run Lee Rd, Chantilly,          510590005      0.0      0.0      0.0             0.0
                         Fairfax County.
VA....................  Mount Vernon, Fairfax County.       510590018      2.0      1.0      0.0             1.0
VA....................  Lee Park, Franconia, Fairfax        510590030      1.0      1.0      0.0             0.7
                         County.
VA....................  6507 Columbia Pike,                 510591005      1.0      0.0      0.0             0.3
                         Annandale, Fairfax County.
VA....................  McLean, Fairfax County.......       510595001      0.0      1.0      0.0             0.3
VA....................  Ashburn, Loudoun County......       511071005      0.0      1.0      0.0             0.3
VA....................  Long Park, Prince William           511530009      0.0      0.0      0.0             0.0
                         County.
VA....................  Widewater, Stafford County...       511790001      0.0      0.0      0.0             0.0

VA....................  Alexandria City..............       515100009      0.0      1.0      0.0            0.3
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS Database.

    Notes: 1. These two additional monitoring sites commenced
operations in 2005. Because neither of these two monitoring sites
recorded an exceedance of the 1-hour ozone NAAQS in 2005, EPA
concludes that these monitors were attaining the 1-hour ozone NAAQS
in 2005.

    As shown in Table 1.B, the average number of expected exceedance
days per year is less than or equal to 1.0 at all of the sites.
Therefore, we propose to find that the Washington area attained the 1-
hour ozone NAAQS by November 15, 2005, which was the applicable
attainment date under the 1-hour ozone NAAQS for this nonattainment
area.

IV. What Would Be the Consequences of This Proposed Action?

    Because the area has attained the 1-hour ozone NAAQS by the
applicable attainment date, the area is not subject to the requirement
to implement contingency measures for failure to attain the 1-hour
ozone NAAQS by its attainment date. Since the area has met its
attainment deadline, even if the area subsequently lapses into
nonattainment, it would not be required to implement the contingency
measures for failure to attain the 1-hour ozone NAAQS by its attainment
date.
    If a severe or extreme 1-hour ozone nonattainment area attains by
its 1-hour ozone attainment date, it would not be required to implement
the section 185 penalty fees program. Section 185(a) of the CAA states
that a severe or extreme ozone nonattainment must implement a program
to impose fees on certain stationary sources of air pollution if the
area ``has failed to attain the national primary ambient air quality
standard for ozone by the applicable attainment date.'' Consequently,
if such an area has attained the standard as of its applicable
attainment date, even if it subsequently lapses into nonattainment, the
area would not be required to implement the section 185 penalty fees
program. Because EPA is proposing to find that the area has attained
the 1-hour ozone NAAQS by its applicable attainment date, we also
propose to find that the area is not subject to the imposition of the
section 185 penalty fees.

V. Proposed Actions

A. Philadelphia Area

    Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA is proposing to determine that the
Philadelphia severe 1-hour ozone nonattainment area attained the 1-hour
ozone NAAQS by the applicable attainment date of November 15, 2005. EPA
also proposes to find that this area is not subject to the imposition
of the section 185 penalty fees.

B. Washington Area

    Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA is proposing to determine that the Washington
severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS
by the applicable attainment date of November 15, 2005. EPA also
proposes to find that this area is not subject to the imposition of the
section 185 penalty fees.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This proposed action merely proposes to find that an area has attained
a previously-established NAAQS based on an objective review of measured
air quality data and imposes no additional requirements. Accordingly,
the Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule does not impose any additional enforceable duties, it 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). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to determine that each of two areas has attained a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
    This rule does not involve establishment of technical standards,
and thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. These proposed rules to determine that the
Philadelphia and Washington severe zone nonattainment

areas attained the 1-hour ozone NAAQS and are not required to impose
section 185 penalty fees does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 15, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
 [FR Doc. E8-9261 Filed 4-25-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64940-64941]
[FR Doc No: 2011-27002]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Regional
Entity Trustee, Regional State Committee and Board of Directors
Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool, Inc. (SPP) Regional Entity Trustee (RE), Regional State Committee
(RSC) and Board of Directors, as noted below. Their attendance is part
of the Commission's ongoing outreach efforts.
    All meetings will be held at the Eldorado Hotel, 309 West San
Francisco Street, Santa Fe, NM 87501. The hotel phone number is (505)
988-4455.

SPP RE

    October 24, 2011 (8:30 a.m.-2 p.m.)

SPP RSC

    October 24, 2011 (1 p.m.-5 p.m.)

SPP Board of Directors

    October 25, 2011 (8 a.m.-2 p.m.)

    The discussions may address matters at issue in the following
proceedings:

    Docket No. ER06-451, Southwest Power Pool, Inc.
    Docket No. ER08-1419, Southwest Power Pool, Inc.
    Docket No. ER09-659, Southwest Power Pool, Inc.
    Docket No. ER09-1050, Southwest Power Pool, Inc.
    Docket No. ER10-696, Southwest Power Pool, Inc.
    Docket No. ER10-941, Southwest Power Pool, Inc.
    Docket No. ER10-1069, Southwest Power Pool, Inc.
    Docket No. ER10-1254, Southwest Power Pool, Inc.
    Docket No. ER10-1269, Southwest Power Pool, Inc.
    Docket No. ER10-1697, Southwest Power Pool, Inc.
    Docket No. ER10-2244, Southwest Power Pool, Inc.
    Docket No. ER11-2528, Southwest Power Pool, Inc.
    Docket No. ER11-2725, Southwest Power Pool, Inc.
    Docket No. ER11-2736, Southwest Power Pool, Inc.
    Docket No. ER11-2758, Southwest Power Pool, Inc.
    Docket No. ER11-2781, Southwest Power Pool, Inc.
    Docket No. ER11-2783, Southwest Power Pool, Inc.
    Docket No. ER11-2787, Southwest Power Pool, Inc.
    Docket No. ER11-2828, Southwest Power Pool, Inc.
    Docket No. ER11-2837, Southwest Power Pool, Inc.
    Docket No. ER11-2881, Southwest Power Pool, Inc.
    Docket No. ER11-2916, Southwest Power Pool, Inc.
    Docket No. ER11-3025, Southwest Power Pool, Inc.
    Docket No. ER11-3073, Southwest Power Pool, Inc.
    Docket No. ER11-3130, Southwest Power Pool, Inc.
    Docket No. ER11-3133, Southwest Power Pool, Inc.
    Docket No. ER11-3159, Southwest Power Pool, Inc.
    Docket No. ER11-3230, Southwest Power Pool, Inc.
    Docket No. ER11-3299, Southwest Power Pool, Inc.
    Docket No. ER11-3331, Southwest Power Pool, Inc.
    Docket No. ER11-3838, Southwest Power Pool, Inc.
    Docket No. ER11-3622, Southwest Power Pool, Inc.
    Docket No. ER11-3627, Southwest Power Pool, Inc.
    Docket No. ER11-3650, Southwest Power Pool, Inc.
    Docket No. ER11-3665, Southwest Power Pool, Inc.
    Docket No. ER11-3666, Southwest Power Pool, Inc.
    Docket No. ER11-3672, Southwest Power Pool, Inc.
    Docket No. ER11-3710, Southwest Power Pool, Inc.
    Docket No. ER11-3776, Southwest Power Pool, Inc.
    Docket No. ER11-3952, Southwest Power Pool, Inc.
    Docket No. ER11-3958, Southwest Power Pool, Inc.
    Docket No. ER11-3967, Southwest Power Pool, Inc.
    Docket No. ER11-3728, Midwest Independent System Operator, Inc.
    Docket No. EL11-34, Midwest Independent System Operator, Inc.

    These meetings are open to the public.

    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: October 13, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-27002 Filed 10-18-11; 8:45 am]
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[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30314-30316]
[FR Doc No: 2018-13949]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0605; Special Conditions No. 25-730-SC]

Special Conditions: Airbus Model A318, A319, A320 and A321 Series
Airplanes; Electronic System Security Protection From Unauthorized
External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Airbus Model A318,
A319, A320 and A321 series airplanes. These airplanes will have a novel
or unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is airplane electronic systems and
networks that allow access from external sources (e.g., wireless
devices, internet connectivity) to the airplane's internal electronic
components.
    The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Airbus on June 28, 2018. Send
comments on or before August 13, 2018.

ADDRESSES: Send comments identified by Docket No. FAA-2018-0605 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, Airplane and Flight Crew
Interface Section, AIR-671, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:
    The substance of these special conditions previously has been
published in the Federal Register for public comment. These special
conditions have been derived without substantive change from those
previously issued. It is unlikely that prior public comment would
result in a significant change from the substance contained herein.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On February 2, 2017, Airbus applied for a change to Type
Certificate No. A28NM for the installation of electronic network system
architecture or Flight Operations and Maintenance Exchanger (FOMAX)
equipment in the Model A318, A319, A320 and A321 series airplanes. The
Airbus Model A318, A319, A320 and A321 series airplanes are twin-
engine, transport category airplanes with a passenger seating capacity
of 136 to 230 and a maximum takeoff weight of 123,458 to 213,848
pounds, depending on the specific design.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Airbus must show that the Model A318, A319, A320 and A321
series airplanes as changed, continue to meet the applicable provisions
of the regulations listed in Type Certificate No. A28NM or the
applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A318, A319, A320 and
A321 series airplanes because of a novel or unusual design feature,
special conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A318, A319, A320 and A321 series airplanes
must comply with the fuel vent and exhaust-emission requirements of 14
CFR part 34, and the noise certification requirements of 14 CFR part
36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A318, A319, A320 and A321 series airplanes will
incorporate the following novel or unusual design feature:
    The installation and activation of electronic network system
architecture or Flight Operations and Maintenance Exchanger (FOMAX)
equipment that allows access from external sources (e.g., wireless
devices, internet connectivity) to the airplane's internal electronic
components.

Discussion

    The Airbus Model A318, A319, A320 and A321 series airplane
architecture and network configuration may allow increased connectivity
to and access from external network sources and airline operations and
maintenance networks to the aircraft control domain and airline
information services domain. The aircraft control domain and airline
information services domain perform functions required for the safe
operation and maintenance of the airplane. Previously these domains had
very limited connectivity with external network sources. The
architecture and network configuration may allow the exploitation of
network security vulnerabilities resulting in intentional or
unintentional destruction, disruption, degradation, or exploitation of
data, systems, and networks critical to the safety and maintenance of
the airplane.
    The existing regulations and guidance material did not anticipate
these types of airplane system architectures. Furthermore, 14 CFR
regulations and the current system safety assessment policy and
techniques do not address potential security vulnerabilities, which
could be exploited by unauthorized access to airplane networks, data
buses, and servers. Therefore, these special conditions are to ensure
that the security (i.e., confidentiality, integrity, and availability)
of airplane systems is not compromised by unauthorized

wired or wireless electronic connections.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Model A318, A319, A320 and A321 series airplanes. Should Airbus apply
at a later date for a change to the type certificate to include another
model incorporating the same novel or unusual design feature, these
special conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on Airbus Model A318, A319, A320 and A321 series airplanes. It is not a
rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus Model A318, A319, A320 and A321
series airplanes.
    1. The applicant must ensure that the airplane electronic systems
are protected from access by unauthorized sources external to the
airplane, including those possibly caused by maintenance activity.
    2. The applicant must ensure that electronic system-security
threats are identified and assessed, and that effective electronic
system-security protection strategies are implemented to protect the
airplane from all adverse impacts on safety, functionality, and
continued airworthiness.
    3. The applicant must establish appropriate procedures to allow the
operator to ensure that continued airworthiness of the aircraft is
maintained, including all post-type-certification modifications that
may have an impact on the approved electronic system security
safeguards.

    Issued in Des Moines, Washington, on June 25, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-13949 Filed 6-27-18; 8:45 am]
 BILLING CODE 4910-13-P