Approval and Promulgation of One-Year Extension for Attaining the 1997 8-Hour Ozone Standard for the New Jersey Portion of the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area, 3838-3840 [2011-1260]
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3838
Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations
1142 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1142 in the ‘‘Keyword’’ box
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David Frank, Bridge
Administration Branch; telephone 504–
671–2128, e-mail
David.m.frank@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The CSX
Transportation has requested a
temporary deviation from the operating
schedule for the Swing Span Bridge
across Chickasaw Creek, mile 0.0, in
Mobile, Alabama. The bridge has a
vertical clearance of 6 feet above mean
high water in the closed-to-navigation
position and unlimited in the open-tonavigation position.
In accordance with 33 CFR 117.5, the
bridge currently opens on signal for the
passage of vessels. This deviation allows
the bridge to remain closed to
navigation for two (2) four-hour periods
on two consecutive days with a onehour opening in the middle of the
closures. The bridge will remain closed
to navigation from 7 a.m. until 11 a.m.
and from noon until 4 p.m. on Tuesday,
February 8, 2011 and Wednesday,
February 9, 2011. At all other times, the
bridge will open on signal for the
passage of vessels.
The closure is necessary in order to
change out railroad ties on the bridge.
This maintenance is essential for the
continued operation of the bridge.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System.
Navigation on the waterway consists
mainly of tugs with tows and ships. As
a result of coordination between the
Coast Guard and the waterway users,
this closure has been scheduled to
minimize the possibility of any
significant effects on these vessels.
There are no alternate routes available
to vessel traffic. The bridge will not be
able to open for emergencies.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
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end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: January 3, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011–1200 Filed 1–20–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R02–OAR–2010–0688, FRL–9255–5]
Approval and Promulgation of OneYear Extension for Attaining the 1997
8-Hour Ozone Standard for the New
Jersey Portion of the PhiladelphiaWilmington-Atlantic City Moderate
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving an
extension from June 15, 2010 to June 15,
2011 of the applicable attainment date
for the New Jersey portion of the
Philadelphia-Wilmington-Atlantic City
1997 8-hour ozone nonattainment area
(Philadelphia Area), which is classified
as moderate nonattainment for the 1997
8-hour ozone national ambient air
quality standard (NAAQS). This
extension is based in part on complete,
quality-assured air quality data recorded
during the 2009 ozone season. In
accordance with requirements for a 1year extension, the Philadelphia Area’s
4th highest daily 8-hour monitored
ozone value during the 2009 ozone
season at each monitor in the area is less
than 0.084 parts per million (ppm). EPA
is revising the table with regard to the
8-hour ozone attainment date for the
New Jersey portion of the Philadelphia
Area.
DATES: Effective Date: This rule is
effective on February 22, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2010–0688. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
SUMMARY:
PO 00000
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copy at the Environmental Protection
Agency, Region II Office, Air Programs
Branch, 290 Broadway, 25th Floor, New
York, New York 10007–1866. This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is 212–637–4249.
FOR FURTHER INFORMATION CONTACT: Paul
Truchan, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, (212) 637–4249.
SUPPLEMENTARY INFORMATION:
I. Background
On June 23, 2010, the State of New
Jersey requested a one-year attainment
date extension for the Philadelphia
Area. The Philadelphia Area, which is
classified as moderate for the 1997
8-hour ozone National Ambient Air
Quality Standards (NAAQS), consists of
Cecil County in Maryland; Bucks,
Chester, Delaware, Montgomery and
Philadelphia Counties in Pennsylvania;
the entire State of Delaware; and
Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester, Mercer,
Ocean, and Salem Counties in New
Jersey. Since this area was classified as
a moderate ozone nonattainment area,
the statutory ozone attainment date, as
prescribed by section 181(a) of the Clean
Air Act (CAA), is June 15, 2010. New
Jersey requested that the attainment date
be extended to June 15, 2011.
On November 9, 2010 (75 FR 68733),
EPA proposed to approve New Jersey’s
request based upon:
(1) New Jersey has complied with all
requirements and commitments
pertaining to the area in the applicable
ozone implementation plan. New
Jersey’s applicable ozone
implementation plan can be found at
40 CFR 52.1570; and
(2) The maximum 4th highest daily 8hour monitored value at any monitoring
site in the Philadelphia area during the
2009 ozone season was 0.074 ppm,
which is below the 0.084 ppm criteria.
II. Comments
EPA received one comment in
response to the proposal which
supported the decision to approve an
attainment date extension.
III. Final Action
Pursuant to CAA section 181(a) and
40 CFR 51.907, EPA is approving an
attainment date extension from June 15,
2010 to June 15, 2011 for the New Jersey
portion of the Philadelphia Area, which
is classified as moderate for the 1997
8-hour ozone NAAQS. The table in 40
CFR 81.331 will be modified to reflect
EPA’s approval of New Jersey’s
E:\FR\FM\21JAR1.SGM
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Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations
attainment date extension request. The
table is entitled ‘‘New Jersey—Ozone
(8-Hour Standard).’’
WReier-Aviles on DSKGBLS3C1PROD with RULES
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 action merely finds that
an area has qualified for a one-year
extension of the attainment date of a
previously established NAAQS, and
imposes no additional requirements.
Accordingly, the Administrator certifies
that this 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 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
determines that an area has attained a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This 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 rule, EPA has taken the
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11:43 Jan 20, 2011
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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.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. The rulemaking does not
affect the level of protection provided to
human health or the environment
because extending the attainment date
does not alter the emission reduction
measures that are required to be
implemented in the New Jersey portion
of the Philadelphia-Wilmington-Atlantic
City area, which is classified as
moderate nonattainment for the 1997 8hour ozone standard. See 69 FR 23909
(April 30 2004). Additionally, if the
Philadelphia-Wilmington-Atlantic City
Area were not granted an extension of
its attainment date, EPA’s recourse
would be to initiate a reclassification of
the Philadelphia-Wilmington-Atlantic
City Area from its current classification
of moderate nonattainment to serious
nonattainment, pursuant to section
181(b)(2) of the CAA. Because the
Philadelphia-Wilmington-Atlantic City
area was formerly a severe
nonattainment area under the revoked
1-hour ozone standard (see, 56 FR
56773, November 6, 1991), it is required
to continue to implement severe area
requirements pursuant to EPA’s
interpretation of ‘‘anti-backsliding’’
provision of section 172(e) of the CAA.
See 69 FR 23973, April 30, 2004, South
Coast Air Quality Management District
v. EPA, 472 F.3d 882 (D.C. Cir. 2006),
modified and rehearing den., 489 F.3d
1245 (D.C. Cir. 2007). The severe area
requirements are more stringent than
both the moderate and serious area
requirements set forth in Title I, Part D,
Subpart 2 of the CAA. Therefore, even
if EPA were to not grant the attainment
date extension and instead move to
reclassify the area to serious
nonattainment, no additional emission
reduction measures would be required
to be implemented in the PhiladelphiaWilmington-Atlantic City area through a
181(b)(2) reclassification. The extension
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3839
of the attainment deadline for the 1997
8-hour ozone NAAQS does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 22, 2011.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: January 10, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
Part 81, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.331 the table entitled ‘‘New
Jersey—Ozone (8-Hour Standard)’’ revise
the entry for ‘‘Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE’’ to read as
follows:
■
§ 81.331
*
E:\FR\FM\21JAR1.SGM
*
New Jersey.
*
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*
*
3840
Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations
Designation a
Category/classification
Designated area
Date 1
*
*
*
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE:
Atlantic County .............................................................
Burlington County ........................................................
Camden County ...........................................................
Cape May County ........................................................
Cumberland County .....................................................
Gloucester County .......................................................
Mercer County .............................................................
Ocean County ..............................................................
Salem County ..............................................................
Date 1
Type
*
....................
....................
....................
....................
....................
....................
....................
....................
....................
*
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
Nonattainment
...............
...............
...............
...............
...............
...............
...............
...............
...............
Type
*
....................
....................
....................
....................
....................
....................
....................
....................
....................
*
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
Subpart
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
2/Moderate.2
a Includes
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
2 Attainment date extended to June 15, 2011.
1 This
*
*
*
*
*
[FR Doc. 2011–1260 Filed 1–20–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2010–0574; FRL–9251–7]
Approval of One-Year Extension for
Attaining the 1997 8-Hour Ozone
Standard for the Delaware, Maryland,
and Pennsylvania Portions of the
Philadelphia-Wilmington-Atlantic City
Moderate Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is extending the
attainment date from June 15, 2010 to
June 15, 2011 for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia-Wilmington-Atlantic
City nonattainment area (Philadelphia
Area), which is classified as moderate
for the 1997 8-hour ozone national
ambient air quality standard (NAAQS).
This extension is based in part on air
quality data recorded during the 2009
ozone season. Specifically, the
Philadelphia Area’s 4th highest daily
8-hour monitored ozone value during
the 2009 ozone season is 0.084 parts per
million (ppm) or less. Accordingly, EPA
is revising the tables concerning the
8-hour ozone attainment dates for the
Philadelphia Area in the States of
Delaware and Maryland, and the
Commonwealth of Pennsylvania (the
States). EPA is approving the extension
of the attainment date for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia Area in accordance
with the requirements of the Clean Air
Act (CAA). EPA is approving the
extension of the attainment date for the
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
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Jkt 223001
New Jersey portion of the Philadelphia
NPR proposed approval of requests
Area in a separate rulemaking in this
made by the States for a one-year
Federal Register.
attainment date extension for the
Philadelphia Area. The Philadelphia
DATES: Effective Date: This final rule is
Area, which is classified as moderate for
effective on February 22, 2011.
the 1997 8-hour ozone NAAQS, consists
ADDRESSES: EPA has established a
of: Cecil County in Maryland; Bucks,
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0574. All Chester, Delaware, Montgomery and
Philadelphia Counties in Pennsylvania;
documents in the docket are listed in
the entire State of Delaware; and
the https://www.regulations.gov Web
Atlantic, Burlington, Camden, Cape
site. Although listed in the electronic
docket, some information is not publicly May, Cumberland, Gloucester, Mercer,
Ocean, and Salem Counties in New
available, i.e., confidential business
Jersey. Since this area was classified as
information (CBI) or other information
whose disclosure is restricted by statute. a moderate ozone nonattainment area,
the statutory ozone attainment date, as
Certain other material, such as
prescribed by section 181(a) of the CAA,
copyrighted material, is not placed on
is June 15, 2010. The States requested
the Internet and will be publicly
that the attainment date be extended to
available only in hard copy form.
June 15, 2011. As previously stated,
Publicly available docket materials are
EPA is approving the extension of the
available either electronically through
attainment date for the New Jersey
https://www.regulations.gov or in hard
portion of the Philadelphia Area in a
copy for public inspection during
separate rulemaking notice in this
normal business hours at the Air
Protection Division, U.S. Environmental Federal Register.
Section 172(a)(2)(C) of subpart 1 of
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania the CAA provides for EPA to extend the
attainment date for an area by one year
19103. Copies of the State submittal are
available at the Delaware Department of if the State has complied with all the
requirements and commitments
Natural Resources and Environmental
pertaining to the area in the applicable
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903; the
implementation plan and no more than
Maryland Department of the
a minimal number of exceedances of the
Environment, 1800 Washington
NAAQS has occurred in the attainment
Boulevard, Suite 705, Baltimore,
year. Up to two one-year extensions may
Maryland 21230; and the Pennsylvania
be issued for a single nonattainment
Department of Environmental
area. Section 181(a)(5) of subpart 2
Protection, Bureau of Air Quality
contains a similar provision for the
Control, P.O. Box 8468, 400 Market
ozone NAAQS, but instead of providing
Street, Harrisburg, Pennsylvania 17105.
for an extension where there has been
a ‘‘minimal’’ number of exceedances, it
FOR FURTHER INFORMATION CONTACT:
allows an extension only if there is no
Maria Pino, (215) 814–2181, or by
more than one exceedance of the
e-mail at pino.maria@epa.gov.
NAAQS in the year preceeding the
SUPPLEMENTARY INFORMATION:
extension year. However, the language
I. Background
in section 181(a)(5) reflects the form of
the 1-hour ozone NAAQS and not the
On November 9, 2010 (75 FR 68736),
1997 8-hour ozone NAAQS. 40 CFR
EPA published a notice of proposed
51.907 sets forth how sections
rulemaking (NPR) for the States. The
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21JAR1
]]>Agencies
[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Rules and Regulations]
[Pages 3838-3840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1260]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R02-OAR-2010-0688, FRL-9255-5]
Approval and Promulgation of One-Year Extension for Attaining the
1997 8-Hour Ozone Standard for the New Jersey Portion of the
Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving an extension from June 15, 2010 to June 15,
2011 of the applicable attainment date for the New Jersey portion of
the Philadelphia-Wilmington-Atlantic City 1997 8-hour ozone
nonattainment area (Philadelphia Area), which is classified as moderate
nonattainment for the 1997 8-hour ozone national ambient air quality
standard (NAAQS). This extension is based in part on complete, quality-
assured air quality data recorded during the 2009 ozone season. In
accordance with requirements for a 1-year extension, the Philadelphia
Area's 4th highest daily 8-hour monitored ozone value during the 2009
ozone season at each monitor in the area is less than 0.084 parts per
million (ppm). EPA is revising the table with regard to the 8-hour
ozone attainment date for the New Jersey portion of the Philadelphia
Area.
DATES: Effective Date: This rule is effective on February 22, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-0688. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is 212-637-4249.
FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
I. Background
On June 23, 2010, the State of New Jersey requested a one-year
attainment date extension for the Philadelphia Area. The Philadelphia
Area, which is classified as moderate for the 1997 8-hour ozone
National Ambient Air Quality Standards (NAAQS), consists of Cecil
County in Maryland; Bucks, Chester, Delaware, Montgomery and
Philadelphia Counties in Pennsylvania; the entire State of Delaware;
and Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,
Mercer, Ocean, and Salem Counties in New Jersey. Since this area was
classified as a moderate ozone nonattainment area, the statutory ozone
attainment date, as prescribed by section 181(a) of the Clean Air Act
(CAA), is June 15, 2010. New Jersey requested that the attainment date
be extended to June 15, 2011.
On November 9, 2010 (75 FR 68733), EPA proposed to approve New
Jersey's request based upon:
(1) New Jersey has complied with all requirements and commitments
pertaining to the area in the applicable ozone implementation plan. New
Jersey's applicable ozone implementation plan can be found at 40 CFR
52.1570; and
(2) The maximum 4th highest daily 8-hour monitored value at any
monitoring site in the Philadelphia area during the 2009 ozone season
was 0.074 ppm, which is below the 0.084 ppm criteria.
II. Comments
EPA received one comment in response to the proposal which
supported the decision to approve an attainment date extension.
III. Final Action
Pursuant to CAA section 181(a) and 40 CFR 51.907, EPA is approving
an attainment date extension from June 15, 2010 to June 15, 2011 for
the New Jersey portion of the Philadelphia Area, which is classified as
moderate for the 1997 8-hour ozone NAAQS. The table in 40 CFR 81.331
will be modified to reflect EPA's approval of New Jersey's
[[Page 3839]]
attainment date extension request. The table is entitled ``New Jersey--
Ozone (8-Hour Standard).''
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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
action merely finds that an area has qualified for a one-year extension
of the attainment date of a previously established NAAQS, and imposes
no additional requirements. Accordingly, the Administrator certifies
that this 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 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 determines that an area has attained a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This 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 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.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The rulemaking does not affect the level of protection
provided to human health or the environment because extending the
attainment date does not alter the emission reduction measures that are
required to be implemented in the New Jersey portion of the
Philadelphia-Wilmington-Atlantic City area, which is classified as
moderate nonattainment for the 1997 8-hour ozone standard. See 69 FR
23909 (April 30 2004). Additionally, if the Philadelphia-Wilmington-
Atlantic City Area were not granted an extension of its attainment
date, EPA's recourse would be to initiate a reclassification of the
Philadelphia-Wilmington-Atlantic City Area from its current
classification of moderate nonattainment to serious nonattainment,
pursuant to section 181(b)(2) of the CAA. Because the Philadelphia-
Wilmington-Atlantic City area was formerly a severe nonattainment area
under the revoked 1-hour ozone standard (see, 56 FR 56773, November 6,
1991), it is required to continue to implement severe area requirements
pursuant to EPA's interpretation of ``anti-backsliding'' provision of
section 172(e) of the CAA. See 69 FR 23973, April 30, 2004, South Coast
Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir. 2006),
modified and rehearing den., 489 F.3d 1245 (D.C. Cir. 2007). The severe
area requirements are more stringent than both the moderate and serious
area requirements set forth in Title I, Part D, Subpart 2 of the CAA.
Therefore, even if EPA were to not grant the attainment date extension
and instead move to reclassify the area to serious nonattainment, no
additional emission reduction measures would be required to be
implemented in the Philadelphia-Wilmington-Atlantic City area through a
181(b)(2) reclassification. The extension of the attainment deadline
for the 1997 8-hour ozone NAAQS does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 22, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Dated: January 10, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.331 the table entitled ``New Jersey--Ozone (8-Hour
Standard)'' revise the entry for ``Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE'' to read as follows:
Sec. 81.331 New Jersey.
* * * * *
[[Page 3840]]
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Designation \a\ Category/classification
Designated area ----------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE:
Atlantic County.................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Burlington County.................. ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Camden County...................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Cape May County.................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Cumberland County.................. ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Gloucester County.................. ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Mercer County...................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Ocean County....................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
Salem County....................... ........... Nonattainment........................... ........... Subpart 2/Moderate.\2\
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Attainment date extended to June 15, 2011.
* * * * *
[FR Doc. 2011-1260 Filed 1-20-11; 8:45 am]
BILLING CODE 6560-50-P
