Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2002 Base Year Emissions Inventory, Reasonable Further Progress Plan, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City 1997 8-Hour Moderate Ozone Nonattainment Area, 6559-6561 [2011-2604]
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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations
(i), is not more than one percent higher
than the existing rate on the loan; or,
(iii) In the case of a loan in which a
State, Territorial, or local governmental
agency provided assistance to the
veteran for the acquisition of the
dwelling, and the law providing that
assistance precludes any revision in the
interest rate on the loan, then the
interest rate on the modified loan is the
same or less than that on the original
note evidencing the loan;
(9) The unpaid balance of the
modified loan will be re-amortized over
the remaining life of the loan, or if the
loan term is to be extended, the maturity
date will not exceed the shorter of:
(i) 360 months from the due date of
the first installment required under the
modification, or
(ii) 120 months after the original
maturity date of the loan (unless the
original term was less than 360 months,
in which case the term may be extended
to 480 months from the due date of the
first installment on the original loan);
(10) Only the following items may be
included in the modified indebtedness:
Unpaid principal; accrued interest;
deficits in the taxes and insurance
impound accounts; amounts incurred to
pay actual legal fees and foreclosure
costs related to the canceled foreclosure;
the cost of a title insurance policy
endorsement or other update for the
modified loan; and advances required to
preserve the lien position, such as
homeowner association fees, special
assessments, water and sewer liens, etc.
Late fees and other charges may not be
capitalized;
(11) The holder will not charge a
processing fee, and all unpaid late fees
will be waived. Any other actual costs
incurred and legally chargeable, but
which cannot be capitalized in the
modified indebtedness, may be
collected directly from the borrower as
part of the modification process or
waived, at the discretion of the servicer;
(12) Holders will ensure the first lien
status of the modified loan;
(13) The dollar amount of the
guaranty will not exceed the greater of:
(i) The original guaranty amount of
the loan being modified (but if the
modified loan amount is less than the
original loan amount, then the amount
of guaranty will be equal to the original
guaranty percentage applied to the
modified loan), or
(ii) 25 percent of the loan being
modified subject to the statutory
maximum specified at 38 U.S.C.
3703(a)(1)(B); and
(14) The obligor will not receive any
cash back from the modification.
(b) If a loan fails to meet one or more
of the conditions identified in paragraph
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(a), the holder must submit the loan file
to the Secretary for approval before
entering into any loan modification
agreement. The Secretary will grant
such approval if the Secretary
determines that the modification is in
the best interests of the veteran and the
Government after balancing the risks of
non-approval versus approval despite
the absence of one or more of the
conditions identified in paragraph (a) of
this section.
(c) This section does not create a right
of a borrower to have a loan modified,
but simply authorizes the loan holder to
modify a loan in certain situations
without the prior approval of the
Secretary.
[FR Doc. 2011–2566 Filed 2–4–11; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0552; FRL–9262–7 ]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; 2002 Base Year
Emissions Inventory, Reasonable
Further Progress Plan, Contingency
Measures, Reasonably Available
Control Measures, and Transportation
Conformity Budgets for the
Pennsylvania Portion of the
Philadelphia-Wilmington-Atlantic City
1997 8-Hour Moderate Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision being
approved contains a 2002 base year
emissions inventory, a reasonable
further progress (RFP) plan, RFP
contingency measures demonstration,
and reasonably available control
measure (RACM) demonstration for the
Pennsylvania portion of the
Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone
nonattainment area. This rulemaking
applies only to the Pennsylvania portion
of this multi-state nonattainment area—
an area that also lies in part in New
Jersey, Maryland, and Delaware. EPA is
simultaneously approving
transportation conformity motor vehicle
emissions budgets (MVEBs) associated
with this same SIP revision. EPA is
approving this SIP revision because it
SUMMARY:
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6559
satisfies Clean Air Act (CAA)
requirements for the 2002 emissions
inventory, RFP, RACM, RFP
contingency measures, and
transportation conformity
requirements—as defined by the CAA
for areas classified as moderate
nonattainment for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS). EPA is approving
the SIP revision in accordance with the
requirements of the CAA and EPA
regulations.
DATES: This final rule is effective on
March 9, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0552. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (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 for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, (215) 814–2176, or by
e-mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On November 5, 2010 (75 FR
68251), EPA published a notice of
proposed rulemaking (or proposed
rulemaking) for the Commonwealth of
Pennsylvania. The notice of proposed
rulemaking proposed EPA’s approval of
Pennsylvania’s 2002 base year
emissions inventory, RFP plan, RFP
contingency measures, RACM, and
MVEBs for the Commonwealth’s portion
of the Philadelphia-Wilmington-Atlantic
City moderate 1997 8-hour ozone
nonattainment area. EPA is approving
the SIP revision because it satisfies the
emissions inventory, RFP, RACM, RFP
contingency measures, and
transportation conformity requirements
E:\FR\FM\07FER1.SGM
07FER1
6560
Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations
of section 110 and part D of the CAA
and associated EPA regulations. This
SIP revision was formally submitted by
the Pennsylvania Department of
Environmental Protection (PA DEP) on
August 29, 2007, and was formally
amended by PA DEP on December 10,
2009 and again on April 12, 2010.
II. Summary of SIP Revision
The SIP revision (and subsequent SIP
amendments) address the emissions
inventory, RFP, RACM, and RFP
contingency measures requirements for
the 1997 8-hour ozone NAAQS for the
Pennsylvania portion of the
Philadelphia-Wilmington-Atlantic City
8-hour ozone moderate nonattainment
area. The SIP revision also establishes
MVEBs for 2008. Other specific
requirements of Pennsylvania’s August
29, 2007 SIP revision (as amended in
December 2009 and April 2010) for the
Philadelphia-Wilmington-Atlantic City
8-hour ozone nonattainment area and
EPA’s rationale for our proposed action
are explained in the November 5, 2010
proposed rulemaking and will not be
restated here. A more detailed
description of the August 2007 SIP
revision, as well as the substance of
each of the subsequent SIP amendments
is discussed in detail in EPA’s
November 5, 2010 proposed rulemaking.
No public comments were received on
EPA’s November 2010 proposed
rulemaking.
III. Final Action
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
EPA is approving the 2002 base year
emissions inventory; the 2008 ozone
projected emission inventory; the 2008
RFP plan; RFP contingency measures;
RACM analysis; and 2008 transportation
conformity budgets for the Pennsylvania
portion of the Philadelphia-WilmingtonAtlantic City 8-hour ozone
nonattainment area, contained in
Pennsylvania’s August 29, 2007 SIP
revision (as formally amended by
Pennsylvania in December 2009 and
April 2010) for the PhiladelphiaWilmington-Atlantic City 8-hour ozone
nonattainment area. The SIP revision
satisfies the requirements for 1997 8hour ozone NAAQS nonattainment
areas classified as moderate and
demonstrates reasonable further
progress in reducing ozone precursors.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
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14:36 Feb 04, 2011
Jkt 223001
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
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
PO 00000
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Fmt 4700
Sfmt 4700
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 8, 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 to approve the emission
inventory, RFP demonstration, RACM
determination, RFP contingency
measures, and MVEBs may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: January 24, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding, at the end
of the table, entries for ‘‘Reasonable
Further Progress Plan (RFP), Reasonably
Available Control Measures, and RFP
Contingency Measures’’; 2002 Base Year
Emissions Inventory for Volatile
Organic Compounds (VOC), Nitrogen
Oxides (NOX), and Carbon Monoxide
(CO)’’; and ‘‘2008 RFP Transportation
Conformity Motor Vehicle Emission
Budgets’’ to read as follows:
■
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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations
§ 52.2020
Identification of plan.
*
*
*
*
(e) * * *
(1) * * *
*
Name of non-regulatory SIP revision
Applicable geographic area
*
*
Reasonable Further Progress Plan
(RFP), Reasonably Available Control
Measures, and RFP Contingency
Measures.
2002 Base Year Emissions Inventory
for Volatile Organic Compounds
(VOC), Nitrogen Oxides (NOX), and
Carbon Monoxide (CO).
2008 RFP Transportation Conformity
Motor Vehicle Emission Budgets.
*
*
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA–
DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA–
DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA–
DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.
*
*
*
*
*
3. Section 52.2036 is amended by
revising the section heading and by
adding paragraph (o) to read as follows:
■
§ 52.2036
Base Year Emissions Inventory.
*
*
*
*
*
(o) EPA approves as a revision to the
Pennsylvania State Implementation Plan
the 2002 base year emissions
inventories for the Pennsylvania portion
of the Philadelphia-Wilmington-Atlantic
City, PA-DE-MD-NJ 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Pennsylvania
Department of Environmental Protection
on August 29, 2007 (as formally
amended by Pennsylvania on December
10, 2009 and on April 12, 2010). This
submittal consists of the 2002 base year
State submittal
date
EPA approval date
*
8/29/07, 12/10/09,
4/12/10).
*
2/7/11 [Insert page
number where
the document begins].
2/7/11 [Insert page
number where
the document begins].
2/7/11 [Insert page
number where
the document begins].
8/29/07, 12/10/09,
4/12/10.
8/29/07, 12/10/09,
4/12/10.
point, area, non-road mobile, and onroad mobile source emission inventories
for this area, for the following
pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.2037 is amended by
adding paragraphs (o) and (p) to read as
follows:
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(o) EPA approves revisions to the
Pennsylvania State Implementation Plan
consisting of the 2008 reasonable further
progress (RFP) plan, reasonably
available control measure
demonstration, and contingency
measures for the Pennsylvania portion
Additional
explanation
*
of the Philadelphia-Wilmington-Atlantic
City, PA-DE-MD-NJ 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Pennsylvania
Department of Environmental Protection
on August 29, 2007 (as formally
amended by Pennsylvania on December
10, 2009 and April 12, 2010).
(p) EPA approves the following 2008
RFP motor vehicle emissions budgets
(MVEBs) for the Pennsylvania portion of
the Philadelphia-Wilmington-Atlantic
City, PA-DE-MD-NJ 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Pennsylvania
Department of Environmental Protection
on August 29, 2007 (as formally
amended by Pennsylvania on December
10, 2009):
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE PENNSYLVANIA PORTION OF THE PHILADELPHIAWILMINGTON-ATLANTIC CITY, PA-DE-MD-NJ AREA
Type of control strategy SIP
Year
VOC (TPD)
NOX (TPD)
Effective date of adequacy determination or SIP approval
Rate of Progress Plan ............
2008
61.09
108.78
January 5, 2009 (73 FR 77682), published December 19,
2008.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
40 CFR Part 271
[EPA–R04–RCRA–2009–0962; FRL–9261–9]
North Carolina: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
VerDate Mar<15>2010
14:36 Feb 04, 2011
Jkt 223001
North Carolina has applied to
EPA for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this immediate
final action. EPA is publishing this rule
to authorize the changes without a prior
proposal because we believe this action
is not controversial and do not expect
comments that oppose it. Unless we get
written comments which oppose this
authorization during the comment
period, the decision to authorize North
Carolina’s changes to its hazardous
SUMMARY:
[FR Doc. 2011–2604 Filed 2–4–11; 8:45 am]
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Fmt 4700
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waste program will take effect. If we
receive comments that oppose this
action, we will publish a document in
the Federal Register withdrawing this
rule before it takes effect and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to authorize the changes.
This Final authorization will
become effective on April 8, 2011 unless
EPA receives adverse written comment
by March 9, 2011. If EPA receives such
comment, it will publish a timely
withdrawal of this immediate final rule
in the Federal Register and inform the
public that this authorization will not
take effect.
DATES:
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6559-6561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2604]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0552; FRL-9262-7 ]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; 2002 Base Year Emissions Inventory, Reasonable Further
Progress Plan, Contingency Measures, Reasonably Available Control
Measures, and Transportation Conformity Budgets for the Pennsylvania
Portion of the Philadelphia-Wilmington-Atlantic City 1997 8-Hour
Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The revision being
approved contains a 2002 base year emissions inventory, a reasonable
further progress (RFP) plan, RFP contingency measures demonstration,
and reasonably available control measure (RACM) demonstration for the
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone nonattainment area. This rulemaking applies
only to the Pennsylvania portion of this multi-state nonattainment
area--an area that also lies in part in New Jersey, Maryland, and
Delaware. EPA is simultaneously approving transportation conformity
motor vehicle emissions budgets (MVEBs) associated with this same SIP
revision. EPA is approving this SIP revision because it satisfies Clean
Air Act (CAA) requirements for the 2002 emissions inventory, RFP, RACM,
RFP contingency measures, and transportation conformity requirements--
as defined by the CAA for areas classified as moderate nonattainment
for the 1997 8-hour ozone national ambient air quality standard
(NAAQS). EPA is approving the SIP revision in accordance with the
requirements of the CAA and EPA regulations.
DATES: This final rule is effective on March 9, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0552. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On November 5, 2010 (75 FR 68251), EPA published a
notice of proposed rulemaking (or proposed rulemaking) for the
Commonwealth of Pennsylvania. The notice of proposed rulemaking
proposed EPA's approval of Pennsylvania's 2002 base year emissions
inventory, RFP plan, RFP contingency measures, RACM, and MVEBs for the
Commonwealth's portion of the Philadelphia-Wilmington-Atlantic City
moderate 1997 8-hour ozone nonattainment area. EPA is approving the SIP
revision because it satisfies the emissions inventory, RFP, RACM, RFP
contingency measures, and transportation conformity requirements
[[Page 6560]]
of section 110 and part D of the CAA and associated EPA regulations.
This SIP revision was formally submitted by the Pennsylvania Department
of Environmental Protection (PA DEP) on August 29, 2007, and was
formally amended by PA DEP on December 10, 2009 and again on April 12,
2010.
II. Summary of SIP Revision
The SIP revision (and subsequent SIP amendments) address the
emissions inventory, RFP, RACM, and RFP contingency measures
requirements for the 1997 8-hour ozone NAAQS for the Pennsylvania
portion of the Philadelphia-Wilmington-Atlantic City 8-hour ozone
moderate nonattainment area. The SIP revision also establishes MVEBs
for 2008. Other specific requirements of Pennsylvania's August 29, 2007
SIP revision (as amended in December 2009 and April 2010) for the
Philadelphia-Wilmington-Atlantic City 8-hour ozone nonattainment area
and EPA's rationale for our proposed action are explained in the
November 5, 2010 proposed rulemaking and will not be restated here. A
more detailed description of the August 2007 SIP revision, as well as
the substance of each of the subsequent SIP amendments is discussed in
detail in EPA's November 5, 2010 proposed rulemaking. No public
comments were received on EPA's November 2010 proposed rulemaking.
III. Final Action
EPA is approving the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; RACM analysis; and 2008 transportation conformity budgets for
the Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City
8-hour ozone nonattainment area, contained in Pennsylvania's August 29,
2007 SIP revision (as formally amended by Pennsylvania in December 2009
and April 2010) for the Philadelphia-Wilmington-Atlantic City 8-hour
ozone nonattainment area. The SIP revision satisfies the requirements
for 1997 8-hour ozone NAAQS nonattainment areas classified as moderate
and demonstrates reasonable further progress in reducing ozone
precursors.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 8, 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 to approve the emission inventory, RFP demonstration,
RACM determination, RFP contingency measures, and MVEBs may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: January 24, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by
adding, at the end of the table, entries for ``Reasonable Further
Progress Plan (RFP), Reasonably Available Control Measures, and RFP
Contingency Measures''; 2002 Base Year Emissions Inventory for Volatile
Organic Compounds (VOC), Nitrogen Oxides (NOX), and Carbon
Monoxide (CO)''; and ``2008 RFP Transportation Conformity Motor Vehicle
Emission Budgets'' to read as follows:
[[Page 6561]]
Sec. 52.2020 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonable Further Progress Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Plan (RFP), Reasonably portion of the 09, 4/12/10). page number
Available Control Measures, Philadelphia- where the
and RFP Contingency Measures. Wilmington- document begins].
Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
2002 Base Year Emissions Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Inventory for Volatile Organic portion of the 09, 4/12/10. page number
Compounds (VOC), Nitrogen Philadelphia- where the
Oxides (NOX), and Carbon Wilmington- document begins].
Monoxide (CO). Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
2008 RFP Transportation Pennsylvania 8/29/07, 12/10/ 2/7/11 [Insert
Conformity Motor Vehicle portion of the 09, 4/12/10. page number
Emission Budgets. Philadelphia- where the
Wilmington- document begins].
Atlantic City,
PA-DE-MD-NJ 1997
8-hour ozone
moderate
nonattainment
area.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2036 is amended by revising the section heading and by
adding paragraph (o) to read as follows:
Sec. 52.2036 Base Year Emissions Inventory.
* * * * *
(o) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2002 base year emissions inventories for the
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
DE-MD-NJ 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Pennsylvania Department of Environmental Protection on
August 29, 2007 (as formally amended by Pennsylvania on December 10,
2009 and on April 12, 2010). This submittal consists of the 2002 base
year point, area, non-road mobile, and on-road mobile source emission
inventories for this area, for the following pollutants: Volatile
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
0
4. Section 52.2037 is amended by adding paragraphs (o) and (p) to read
as follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(o) EPA approves revisions to the Pennsylvania State Implementation
Plan consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measure demonstration, and contingency
measures for the Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate nonattainment
area submitted by the Secretary of the Pennsylvania Department of
Environmental Protection on August 29, 2007 (as formally amended by
Pennsylvania on December 10, 2009 and April 12, 2010).
(p) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Pennsylvania portion of the Philadelphia-
Wilmington-Atlantic City, PA-DE-MD-NJ 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Pennsylvania
Department of Environmental Protection on August 29, 2007 (as formally
amended by Pennsylvania on December 10, 2009):
Transportation Conformity Emissions Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic
City, PA-DE-MD-NJ Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination or
SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............. 2008 61.09 108.78 January 5, 2009 (73 FR
77682), published
December 19, 2008.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2011-2604 Filed 2-4-11; 8:45 am]
BILLING CODE 6560-50-P
