Approval and Promulgation of Air Quality Implementation Plans; Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area and Withdrawal of Attainment Demonstration Proposed Disapprovals, 76929-76932 [2011-31665]
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Proposed Rules
(8) If coastwise fairways were created,
should separate fairways be created for
different vessel types such as tug and
barge vs. deep draft vessels?
(9) Should there be separate lanes for
vessels travelling in opposing
directions?
(10) Should participation in any
coastwise traffic scheme be voluntary or
mandatory for all or certain classes of
vessels?
(11) Given the potentially long transit
times, varying sea state and weather
conditions; what is an appropriate
width for fairways to prevent
degradation to navigational safety? Are
there particular areas where the width
could be smaller or should be larger?
This notice is issued under authority
of 33 U.S.C. 1223(c) and 5 U.S.C. 552.
Dated: October 31, 2011.
Robert C. Parker,
Vice Admiral, U.S. Coast Guard, Commander,
Atlantic Area.
[FR Doc. 2011–31594 Filed 12–8–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0713; FRL–9504–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, Maryland, New Jersey, and
Pennsylvania; Determinations of
Attainment of the 1997 8-Hour Ozone
Standard for the PhiladelphiaWilmington-Atlantic City Moderate
Nonattainment Area and Withdrawal of
Attainment Demonstration Proposed
Disapprovals
Environmental Protection
Agency (EPA).
ACTION: Proposed rule and withdrawal
of proposed rule.
AGENCY:
EPA is proposing to make two
determinations regarding the
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area). First, EPA is proposing to make
a determination that the Philadelphia
Area has attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). This proposed determination
is based upon complete, quality assured,
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2008–2010 monitoring
period. If this proposal is made final,
the requirement for the Philadelphia
Area to submit certain planning
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
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requirements related to the attainment
of the 1997 8-hours ozone NAAQS shall
be suspended for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS. Although these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. Second,
EPA is also proposing to determine that
the Philadelphia Area has attained the
1997 8-hour ozone NAAQS by its
attainment date of June 15, 2011.
Finally, EPA is withdrawing the May 8,
2009 proposed disapprovals of the
attainment demonstrations for the
Philadelphia Area, based on the ambient
air quality monitoring data
demonstrating attainment. These actions
are being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before January 9, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0713 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov
C. Mail: EPA–R03–OAR–2011–0713,
Cristina Fernandez, Associate Director,
Office of Air Quality Planning, Mailcode
3AP30, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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–2011–
0713. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
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76929
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
https://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 https://
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: If
you have questions concerning EPA’s
proposed action related to Delaware,
Maryland or Pennsylvania, please
contact Maria A. Pino (215) 814–2181,
or by email at pino.maria@epa.gov. If
you have questions concerning EPA’s
proposed action related to New Jersey,
please contact Paul Truchan (212) 637–
4249, or by email at
truchan.paul@epa.gov.
SUPPLEMENTARY INFORMATION: For
detailed information regarding this
proposal, EPA prepared a Technical
Support Document (TSD). The TSD can
be viewed at https://
www.regulations.gov. The following
outline is provided to aid in locating
information in this action.
I. What is EPA proposing?
II. What Proposed Rule is EPA withdrawing?
III. What is the background for these actions?
IV. What are the effects of these proposed
actions?
V. What is EPA’s analysis of the relevant air
quality data?
VI. Proposed Actions
VII. Withdrawal Action
VIII. Statutory and Executive Order Reviews
I. What is EPA proposing?
Pursuant to sections 181(b)(2)(A) and
179(c) of the CAA, EPA is proposing to
determine that the Philadelphia Area
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Proposed Rules
attained the 1997 8-hour ozone NAAQS
by its attainment date, June 15, 2011.
This proposed determination is based
upon complete, quality assured, and
certified ambient air monitoring data
from 2008–2010 that show the area has
monitored attainment of the 1997 8hour ozone NAAQS during this
monitoring period.
EPA is also proposing to make a
determination that the Philadelphia
Area has attained the 1997 8-hour
NAAQS. This proposed determination
is based upon complete, quality assured,
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2008–2010 monitoring
period. Once this proposal becomes
final, the requirement for this area to
submit an attainment demonstration,
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, and contingency measures
related to attainment of the 1997 8-hour
ozone NAAQS shall be suspended for so
long as the area continues to attain the
1997 8-hour ozone NAAQS. Although
these requirements are suspended, EPA
is not precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. The States
of Delaware and Maryland, and the
Commonwealth of Pennsylvania
submitted these SIP elements for their
portions of the Philadelphia Area to
EPA for review and approval in June
2007. The State of New Jersey submitted
these SIP elements for its portion of the
Philadelphia Area to EPA for review
and approval in October 2007.
On March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 parts per
million (ppm). This action addresses
only the 1997 8-hour ozone standard of
0.08 ppm, and does not address any
subsequently revised 8-hour ozone
standard.
srobinson on DSK4SPTVN1PROD with PROPOSALS
II. What Proposed Rule is EPA
withdrawing?
On May 8, 2009, EPA proposed
disapproval of Delaware’s, Maryland’s,
New Jersey’s and Pennsylvania’s 8-hour
ozone attainment demonstrations for the
Philadelphia Area. See 74 FR 21599, 74
FR 21588, 74 FR 21578, and 74 FR
21604, respectively. Based on the
monitored air quality data
demonstrating attainment of the 1997
8-hour ozone NAAQS, EPA is
withdrawing the May 8, 2009 proposed
disapprovals of the attainment
demonstrations. The Docket ID Numbers
for the proposed disapprovals are EPA–
R03–OAR–2008–0930, EPA–R03–OAR–
2008–0929, EPA–R02–OAR–2008–0497,
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and EPA–R03–OAR–2008–0928,
respectively.
required to reclassify that area to a
higher classification.
III. What is the background for these
actions?
C. Clean Data Determination
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), if EPA issues a determination
that an area is attaining the relevant
standard (through a rulemaking that
includes public notice and comment), it
will suspend the area’s obligations to
submit an attainment demonstration,
RACM, RFP, contingency measures, and
other planning requirements related to
attainment for as long as the area
continues to attain. The determination
of attainment is not equivalent to a
redesignation. The state must still meet
the statutory requirements for
redesignation in order to be
redesignated to attainment.
A. The Philadelphia Area
In 1997, EPA revised the health-based
NAAQS for ozone, setting it at 0.08 ppm
averaged over an 8-hour time frame.
EPA set the 8-hour ozone standard
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower ozone
concentrations and over longer periods
of time, than was understood when the
pre-existing 1-hour ozone standard was
set. EPA determined that the 8-hour
standard would be more protective of
human health, especially children and
adults who are active outdoors, and
individuals with a pre-existing
respiratory disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA
finalized its attainment/nonattainment
designations for areas across the country
with respect to the 8-hour ozone
standard. These actions became
effective on June 15, 2004. Among those
nonattainment areas is the Philadelphia
Area. The Philadelphia Area includes
the entire State of Delaware; Cecil
County in Maryland; Atlantic,
Burlington, Camden, Cape May,
Cumberland, Gloucester, Mercer, Ocean,
and Salem Counties in New Jersey; and
Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties in
Pennsylvania. The Philadelphia Area
was classified as a moderate
nonattainment area. See 40 CFR 81.808,
81.321, 81.331, and 81.339.
Moderate areas are required to attain
the 1997 8-hour ozone NAAQS by no
later than six years after designation, or
June 15, 2010. See 40 CFR 51.903.
However, the Philadelphia Area
qualified for a 1-year extension of its
attainment date, based on the complete,
certified ambient air quality data for the
2009 ozone season. On January 21,
2011, EPA approved a 1-year extension
of the Philadelphia Area’s attainment
date, from June 15, 2010 to June 15,
2011. See 76 FR 3838 and 76 FR 3840.
B. Requirement To Determine
Attainment by the Attainment Date
Under CAA sections 179(c) and
181(b)(2), EPA is required to make a
determination that a nonattainment area
has attained by its attainment date, and
publish that determination in the
Federal Register. Under CAA section
181(b)(2), which is specific to ozone
nonattainment areas, if EPA determines
that an area failed to attain the ozone
NAAQS by its attainment date, EPA is
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D. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8hour ozone air quality monitoring data
for 2008 through 2010 show that the
Philadelphia Area has attained the 1997
8-hour ozone NAAQS.
IV. What are the effects of these
proposed actions?
If finalized, the proposed actions will
not constitute a redesignation to
attainment under section 107(d)(3) of
the CAA. The designation status of the
Philadelphia Area will remain
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
A. Proposed Determination of
Attainment by the Attainment Date
EPA is proposing to determine that
the Philadelphia Area has attained the
1997 8-hour ozone NAAQS by its
applicable attainment date of June 15,
2011. Once this determination of
attainment is made final, EPA will have
met its requirement pursuant to CAA
sections 181(b)(2)(A) and 179(c) to
determine, based on the area’s air
quality as of the attainment date,
whether the area attained the standard
by that date. The effect of a final
determination of attainment by the
area’s attainment date will be to
discharge EPA’s obligation under CAA
sections 181(b)(2)(A) and 179, and to
establish that, in accordance with CAA
section 181(b)(2)(A), the area will not be
reclassified for failure to attain by its
applicable attainment date.
B. Clean Data Determination
EPA is proposing to determine that
the Philadelphia Area is attaining the
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Proposed Rules
1997 8-hour ozone NAAQS. Once EPA
finalizes this determination of
attainment, the CAA requirement for the
Philadelphia Area to submit an
attainment demonstration and the
associated RFP plan, RFP contingency
measure, RACM analysis, contingency
measures, and any other planning SIPs
related to attainment of the 1997 8-hour
ozone NAAQS would be suspended for
so long as the area continues to attain
the 1997 8-hour ozone NAAQS.
Although these requirements can be
suspended with an approved clean data
determination, EPA is not precluded
from acting upon these elements, which
were submitted to EPA in June and
October of 2007 by the States of
Delaware, Maryland, and New Jersey
and the Commonwealth of
Pennsylvania. In fact, EPA approved
each state’s RFP plans, RFP contingency
measures, and RACM analyses for the
Philadelphia Area in separate
rulemaking actions. Therefore, these
requirements have been fulfilled. EPA
approved the RFP plans, RFP
contingency measures, and RACM
analyses from Delaware, Maryland, New
Jersey, and Pennsylvania on April 8,
2010, June 11, 2010, May 15, 2009, and
February 7, 2011, respectively. See 75
FR 17863, 75 FR 33172, 74 FR 22837,
and 76 FR 6559.
The clean data determination will:
(1) Suspend the requirements to
submit an attainment demonstration,
contingency measures for attainment,
and any other planning SIPs related to
attainment of the 1997 8-hour ozone
NAAQS;
(2) Continue until such time, if any,
that EPA (i) redesignates the area to
attainment at which time those
requirements no longer apply, or (ii)
subsequently determines that the area
has violated the 1997 8-hour ozone
NAAQS;
(3) Be separate from, and not
influence or otherwise affect, any future
designation determination or
requirements for the area based on any
new or revised ozone NAAQS; and
(4) Remain in effect regardless of
whether EPA designates this area as a
nonattainment area for purposes of any
new or revised ozone NAAQS.
V. What is EPA’s analysis of the
relevant air quality data?
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the ozone ambient air
monitoring data for the monitoring
period from 2008 through 2010 for the
Philadelphia Area, as recorded in the
EPA Air Quality System (AQS)
database. On the basis of that review,
76931
EPA has concluded that this area
attained the 1997 8-hour ozone NAAQS
based on data for the 2008–2010 ozone
seasons.
Under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained at a site when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations at an ozone monitor is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm, based on the rounding
convention in 40 CFR part 50, appendix
I). This 3-year average is referred to as
the design value. When the design value
is less than or equal to 0.084 ppm at
each monitoring site within the area,
then the area is meeting the NAAQS.
Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90%,
and no single year has less than 75%
data completeness as determined in
appendix I of 40 CFR part 50.
Table 1 shows the ozone design
values for each monitor in the
Philadelphia Area for the years 2008–
2010. All 2008–2010 design values are
below 0.084 ppm, and all monitors meet
the data completeness requirements.
Therefore, the Philadelphia Area has
attained the 1997 8-hour ozone NAAQS,
considering 2008–2010 data.
TABLE 1—2008–2010 PHILADELPHIA AREA 1997 8-HOUR OZONE DESIGN VALUES
State
County
DE .......................................
Kent ................................................................................
New Castle .....................................................................
MD ......................................
NJ ........................................
srobinson on DSK4SPTVN1PROD with PROPOSALS
PA .......................................
Sussex ............................................................................
.........................................................................................
Cecil ................................................................................
Atlantic ............................................................................
Camden ..........................................................................
Cumberland ....................................................................
Gloucester ......................................................................
Mercer ............................................................................
Ocean .............................................................................
Bucks ..............................................................................
Chester ...........................................................................
Delaware ........................................................................
Montgomery ....................................................................
Philadelphia ....................................................................
EPA’s review of the data indicates that
the Philadelphia Area has met the 1997
8-hour ozone NAAQS. Additional
information on air quality data for the
Philadelphia Area can be found in the
TSD.
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Site ID
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10–001–0002
10–003–1007
10–003–1010
10–003–1013
10–005–1002
10–005–1003
24–015–0003
34–001–0006
34–007–1001
34–011–0007
34–015–0002
34–021–0005
34–029–0006
42–017–0012
42–029–0100
42–045–0002
42–091–0013
42–101–0004
42–101–0024
VI. Proposed Action
EPA is proposing to make two
determinations regarding the
Philadelphia Area. First, EPA is
proposing to make a determination that
the Philadelphia Area has attained the
1997 8-hour NAAQS. If EPA finalizes
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2008–2010
Design value
(ppm)
0.074
0.075
0.076
0.075
0.077
0.077
0.080
0.074
0.080
0.076
0.081
0.078
0.081
0.083
0.076
0.074
0.078
0.066
0.082
2008–2010
Average
percent data
completeness
100
92
91
98
99
97
94
96
97
98
98
98
98
99
97
98
98
97
95
this determination, the requirements to
submit an attainment demonstration,
contingency measures for attainment,
and any other planning requirements
related to attainment of the 1997 8-hour
ozone NAAQS will be suspended, as
provided in 40 CFR section 51.918, so
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Proposed Rules
long as the area continues to attain the
1997 8-hour ozone NAAQS. Second,
pursuant to sections 179 and
181(b)(2)(A) of the CAA, EPA is
proposing to determine that the
Philadelphia Area has attained the 1997
8-hour ozone NAAQS by its attainment
date, June 15, 2011. These proposed
determinations are based upon
complete, quality assured, and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 8-hour ozone NAAQS for the
2008–2010 monitoring period. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
VII. Withdrawal Action
Based on ambient air quality
monitoring data that demonstrates
attainment of the 1997 8-hour ozone
NAAQS, EPA is withdrawing the May 8,
2009 proposed disapprovals of
Delaware’s, Maryland’s, New Jersey’s,
and Pennsylvania’s 8-hour ozone
attainment demonstrations for the
Philadelphia Area. (74 FR 21599, 74 FR
21588, 74 FR 21578, and 74 FR 21604)
srobinson on DSK4SPTVN1PROD with PROPOSALS
VIII. Statutory and Executive Order
Reviews
This action proposes to make a
determination of attainment based on
air quality, and would, if finalized,
result in the suspension of certain
Federal requirements, and would not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed 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);
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15:57 Dec 08, 2011
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• 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 proposed
determination that the Philadelphia
Area has attained the 1997 8-hour ozone
NAAQS 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
Dated: November 22, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011–31665 Filed 12–8–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 85, 86, and 600
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 523, 531, 533, 536, and
537
[EPA–HQ–OAR–2010–0799; FRL–9505–1;
NHTSA–2010–0131]
RIN 2060–AQ54; RIN 2127–AK79
Public Hearings for 2017 and Later
Model Year Light-Duty Vehicle
Greenhouse Gas Emissions and
Corporate Average Fuel Economy
Standards
Environmental Protection
Agency (EPA) and National Highway
AGENCY:
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Fmt 4702
Sfmt 4702
Traffic Safety Administration (NHTSA),
DOT.
ACTION: Announcement of public
hearings
EPA and NHTSA are
announcing public hearings to be held
for the joint proposed rules ‘‘2017 and
Later Model Year Light-Duty Vehicle
Greenhouse Gas Emissions and
Corporate Average Fuel Economy
Standards,’’ published in the Federal
Register on December 1, 2011. The
agencies will also accept comment on
NHTSA’s Draft Environmental Impact
Statement (Draft EIS), available on
NHTSA’s Web site at https://
www.nhtsa.gov/fuel-economy. Three
hearings will be held, on January 17,
January 19, and January 24, 2012. The
agencies will assume that all oral
comments presented at the hearing are
addressed to the joint proposed rules
only, unless speakers specifically
reference NHTSA’s Draft EIS in oral or
written testimony.
DATES: NHTSA and EPA will jointly
hold three public hearings on the
following dates: January 17, 2012 in
Detroit, Michigan; January 19, 2012 in
Philadelphia, Pennsylvania; and January
24, 2012 in San Francisco, California.
The hearings will start at 10 a.m. local
time and continue until 5 p.m. or until
everyone has had a chance to speak. If
you would like to present oral testimony
at one of these public hearings, please
contact the person identified under FOR
FURTHER INFORMATION CONTACT, at least
ten days before the hearing.
ADDRESSES: The January 17, 2012
hearing will be held at the Courtyard
Detroit Downtown, 333 East Jefferson
Avenue, Detroit, Michigan 48226. The
January 19, 2012 hearing will be held at
the Crowne Plaza Philadelphia
Downtown, 1800 Market Street,
Philadelphia, Pennsylvania 19103. The
January 24, 2012 hearing will be held at
the Hyatt at Fisherman’s Wharf, 555
North Point Street, San Francisco,
California 94133. The hearings will be
held at sites accessible to individuals
with disabilities. In addition, the
agencies will provide the opportunity
for the public to listen to each hearing
through the following conference call-in
line: 1–(866) 299–3188; conference code
734 214 4423#. Please note that this
conference line will allow the public to
listen only; persons listening will not be
able to give an oral presentation via the
conference line.
FOR FURTHER INFORMATION CONTACT: If
you would like to present oral testimony
at a public hearing, please contact
JoNell Iffland at EPA by the date
specified under DATES, at: Office of
SUMMARY:
E:\FR\FM\09DEP1.SGM
09DEP1
]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Proposed Rules]
[Pages 76929-76932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31665]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0713; FRL-9504-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of
Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-
Wilmington-Atlantic City Moderate Nonattainment Area and Withdrawal of
Attainment Demonstration Proposed Disapprovals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and withdrawal of proposed rule.
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SUMMARY: EPA is proposing to make two determinations regarding the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone
moderate nonattainment area (the Philadelphia Area). First, EPA is
proposing to make a determination that the Philadelphia Area has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). This proposed determination is based upon complete, quality
assured, and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2008-
2010 monitoring period. If this proposal is made final, the requirement
for the Philadelphia Area to submit certain planning requirements
related to the attainment of the 1997 8-hours ozone NAAQS shall be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS. Although these requirements are suspended, EPA is not
precluded from acting upon these elements at any time if submitted to
EPA for review and approval. Second, EPA is also proposing to determine
that the Philadelphia Area has attained the 1997 8-hour ozone NAAQS by
its attainment date of June 15, 2011. Finally, EPA is withdrawing the
May 8, 2009 proposed disapprovals of the attainment demonstrations for
the Philadelphia Area, based on the ambient air quality monitoring data
demonstrating attainment. These actions are being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before January 9, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0713 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov
C. Mail: EPA-R03-OAR-2011-0713, Cristina Fernandez, Associate
Director, Office of Air Quality Planning, Mailcode 3AP30, 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-
2011-0713. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or email. The https://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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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
https://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 https://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: If you have questions concerning EPA's
proposed action related to Delaware, Maryland or Pennsylvania, please
contact Maria A. Pino (215) 814-2181, or by email at
pino.maria@epa.gov. If you have questions concerning EPA's proposed
action related to New Jersey, please contact Paul Truchan (212) 637-
4249, or by email at truchan.paul@epa.gov.
SUPPLEMENTARY INFORMATION: For detailed information regarding this
proposal, EPA prepared a Technical Support Document (TSD). The TSD can
be viewed at https://www.regulations.gov. The following outline is
provided to aid in locating information in this action.
I. What is EPA proposing?
II. What Proposed Rule is EPA withdrawing?
III. What is the background for these actions?
IV. What are the effects of these proposed actions?
V. What is EPA's analysis of the relevant air quality data?
VI. Proposed Actions
VII. Withdrawal Action
VIII. Statutory and Executive Order Reviews
I. What is EPA proposing?
Pursuant to sections 181(b)(2)(A) and 179(c) of the CAA, EPA is
proposing to determine that the Philadelphia Area
[[Page 76930]]
attained the 1997 8-hour ozone NAAQS by its attainment date, June 15,
2011. This proposed determination is based upon complete, quality
assured, and certified ambient air monitoring data from 2008-2010 that
show the area has monitored attainment of the 1997 8-hour ozone NAAQS
during this monitoring period.
EPA is also proposing to make a determination that the Philadelphia
Area has attained the 1997 8-hour NAAQS. This proposed determination is
based upon complete, quality assured, and certified ambient air
monitoring data that show the area has monitored attainment of the 1997
8-hour ozone NAAQS for the 2008-2010 monitoring period. Once this
proposal becomes final, the requirement for this area to submit an
attainment demonstration, reasonably available control measures (RACM),
a reasonable further progress (RFP) plan, and contingency measures
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended
for so long as the area continues to attain the 1997 8-hour ozone
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements at any time if submitted to EPA for
review and approval. The States of Delaware and Maryland, and the
Commonwealth of Pennsylvania submitted these SIP elements for their
portions of the Philadelphia Area to EPA for review and approval in
June 2007. The State of New Jersey submitted these SIP elements for its
portion of the Philadelphia Area to EPA for review and approval in
October 2007.
On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 parts per million (ppm). This action addresses
only the 1997 8-hour ozone standard of 0.08 ppm, and does not address
any subsequently revised 8-hour ozone standard.
II. What Proposed Rule is EPA withdrawing?
On May 8, 2009, EPA proposed disapproval of Delaware's, Maryland's,
New Jersey's and Pennsylvania's 8-hour ozone attainment demonstrations
for the Philadelphia Area. See 74 FR 21599, 74 FR 21588, 74 FR 21578,
and 74 FR 21604, respectively. Based on the monitored air quality data
demonstrating attainment of the 1997 8-hour ozone NAAQS, EPA is
withdrawing the May 8, 2009 proposed disapprovals of the attainment
demonstrations. The Docket ID Numbers for the proposed disapprovals are
EPA-R03-OAR-2008-0930, EPA-R03-OAR-2008-0929, EPA-R02-OAR-2008-0497,
and EPA-R03-OAR-2008-0928, respectively.
III. What is the background for these actions?
A. The Philadelphia Area
In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour
ozone standard based on scientific evidence demonstrating that ozone
causes adverse health effects at lower ozone concentrations and over
longer periods of time, than was understood when the pre-existing 1-
hour ozone standard was set. EPA determined that the 8-hour standard
would be more protective of human health, especially children and
adults who are active outdoors, and individuals with a pre-existing
respiratory disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the Philadelphia Area. The
Philadelphia Area includes the entire State of Delaware; Cecil County
in Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem Counties in New Jersey; and Bucks,
Chester, Delaware, Montgomery, and Philadelphia Counties in
Pennsylvania. The Philadelphia Area was classified as a moderate
nonattainment area. See 40 CFR 81.808, 81.321, 81.331, and 81.339.
Moderate areas are required to attain the 1997 8-hour ozone NAAQS
by no later than six years after designation, or June 15, 2010. See 40
CFR 51.903. However, the Philadelphia Area qualified for a 1-year
extension of its attainment date, based on the complete, certified
ambient air quality data for the 2009 ozone season. On January 21,
2011, EPA approved a 1-year extension of the Philadelphia Area's
attainment date, from June 15, 2010 to June 15, 2011. See 76 FR 3838
and 76 FR 3840.
B. Requirement To Determine Attainment by the Attainment Date
Under CAA sections 179(c) and 181(b)(2), EPA is required to make a
determination that a nonattainment area has attained by its attainment
date, and publish that determination in the Federal Register. Under CAA
section 181(b)(2), which is specific to ozone nonattainment areas, if
EPA determines that an area failed to attain the ozone NAAQS by its
attainment date, EPA is required to reclassify that area to a higher
classification.
C. Clean Data Determination
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), if EPA issues a determination that an area is attaining the
relevant standard (through a rulemaking that includes public notice and
comment), it will suspend the area's obligations to submit an
attainment demonstration, RACM, RFP, contingency measures, and other
planning requirements related to attainment for as long as the area
continues to attain. The determination of attainment is not equivalent
to a redesignation. The state must still meet the statutory
requirements for redesignation in order to be redesignated to
attainment.
D. Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8-hour ozone air quality
monitoring data for 2008 through 2010 show that the Philadelphia Area
has attained the 1997 8-hour ozone NAAQS.
IV. What are the effects of these proposed actions?
If finalized, the proposed actions will not constitute a
redesignation to attainment under section 107(d)(3) of the CAA. The
designation status of the Philadelphia Area will remain nonattainment
for the 1997 8-hour ozone NAAQS until such time as EPA determines that
the area meets the CAA requirements for redesignation to attainment,
including an approved maintenance plan.
A. Proposed Determination of Attainment by the Attainment Date
EPA is proposing to determine that the Philadelphia Area has
attained the 1997 8-hour ozone NAAQS by its applicable attainment date
of June 15, 2011. Once this determination of attainment is made final,
EPA will have met its requirement pursuant to CAA sections 181(b)(2)(A)
and 179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard by that date.
The effect of a final determination of attainment by the area's
attainment date will be to discharge EPA's obligation under CAA
sections 181(b)(2)(A) and 179, and to establish that, in accordance
with CAA section 181(b)(2)(A), the area will not be reclassified for
failure to attain by its applicable attainment date.
B. Clean Data Determination
EPA is proposing to determine that the Philadelphia Area is
attaining the
[[Page 76931]]
1997 8-hour ozone NAAQS. Once EPA finalizes this determination of
attainment, the CAA requirement for the Philadelphia Area to submit an
attainment demonstration and the associated RFP plan, RFP contingency
measure, RACM analysis, contingency measures, and any other planning
SIPs related to attainment of the 1997 8-hour ozone NAAQS would be
suspended for so long as the area continues to attain the 1997 8-hour
ozone NAAQS.
Although these requirements can be suspended with an approved clean
data determination, EPA is not precluded from acting upon these
elements, which were submitted to EPA in June and October of 2007 by
the States of Delaware, Maryland, and New Jersey and the Commonwealth
of Pennsylvania. In fact, EPA approved each state's RFP plans, RFP
contingency measures, and RACM analyses for the Philadelphia Area in
separate rulemaking actions. Therefore, these requirements have been
fulfilled. EPA approved the RFP plans, RFP contingency measures, and
RACM analyses from Delaware, Maryland, New Jersey, and Pennsylvania on
April 8, 2010, June 11, 2010, May 15, 2009, and February 7, 2011,
respectively. See 75 FR 17863, 75 FR 33172, 74 FR 22837, and 76 FR
6559.
The clean data determination will:
(1) Suspend the requirements to submit an attainment demonstration,
contingency measures for attainment, and any other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS;
(2) Continue until such time, if any, that EPA (i) redesignates the
area to attainment at which time those requirements no longer apply, or
(ii) subsequently determines that the area has violated the 1997 8-hour
ozone NAAQS;
(3) Be separate from, and not influence or otherwise affect, any
future designation determination or requirements for the area based on
any new or revised ozone NAAQS; and
(4) Remain in effect regardless of whether EPA designates this area
as a nonattainment area for purposes of any new or revised ozone NAAQS.
V. What is EPA's analysis of the relevant air quality data?
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the ozone ambient air monitoring data for the monitoring
period from 2008 through 2010 for the Philadelphia Area, as recorded in
the EPA Air Quality System (AQS) database. On the basis of that review,
EPA has concluded that this area attained the 1997 8-hour ozone NAAQS
based on data for the 2008-2010 ozone seasons.
Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based
on the rounding convention in 40 CFR part 50, appendix I). This 3-year
average is referred to as the design value. When the design value is
less than or equal to 0.084 ppm at each monitoring site within the
area, then the area is meeting the NAAQS.
Also, the data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90%,
and no single year has less than 75% data completeness as determined in
appendix I of 40 CFR part 50.
Table 1 shows the ozone design values for each monitor in the
Philadelphia Area for the years 2008-2010. All 2008-2010 design values
are below 0.084 ppm, and all monitors meet the data completeness
requirements. Therefore, the Philadelphia Area has attained the 1997 8-
hour ozone NAAQS, considering 2008-2010 data.
Table 1--2008-2010 Philadelphia Area 1997 8-Hour Ozone Design Values
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2008-2010
2008-2010 Average percent
State County Site ID Design value data
(ppm) completeness
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DE.............................. Kent.................... 10-001-0002 0.074 100
New Castle.............. 10-003-1007 0.075 92
10-003-1010 0.076 91
10-003-1013 0.075 98
Sussex.................. 10-005-1002 0.077 99
........................ 10-005-1003 0.077 97
MD.............................. Cecil................... 24-015-0003 0.080 94
NJ.............................. Atlantic................ 34-001-0006 0.074 96
Camden.................. 34-007-1001 0.080 97
Cumberland.............. 34-011-0007 0.076 98
Gloucester.............. 34-015-0002 0.081 98
Mercer.................. 34-021-0005 0.078 98
Ocean................... 34-029-0006 0.081 98
PA.............................. Bucks................... 42-017-0012 0.083 99
Chester................. 42-029-0100 0.076 97
Delaware................ 42-045-0002 0.074 98
Montgomery.............. 42-091-0013 0.078 98
Philadelphia............ 42-101-0004 0.066 97
42-101-0024 0.082 95
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EPA's review of the data indicates that the Philadelphia Area has met
the 1997 8-hour ozone NAAQS. Additional information on air quality data
for the Philadelphia Area can be found in the TSD.
VI. Proposed Action
EPA is proposing to make two determinations regarding the
Philadelphia Area. First, EPA is proposing to make a determination that
the Philadelphia Area has attained the 1997 8-hour NAAQS. If EPA
finalizes this determination, the requirements to submit an attainment
demonstration, contingency measures for attainment, and any other
planning requirements related to attainment of the 1997 8-hour ozone
NAAQS will be suspended, as provided in 40 CFR section 51.918, so
[[Page 76932]]
long as the area continues to attain the 1997 8-hour ozone NAAQS.
Second, pursuant to sections 179 and 181(b)(2)(A) of the CAA, EPA is
proposing to determine that the Philadelphia Area has attained the 1997
8-hour ozone NAAQS by its attainment date, June 15, 2011. These
proposed determinations are based upon complete, quality assured, and
certified ambient air monitoring data that show the area has monitored
attainment of the 1997 8-hour ozone NAAQS for the 2008-2010 monitoring
period. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
VII. Withdrawal Action
Based on ambient air quality monitoring data that demonstrates
attainment of the 1997 8-hour ozone NAAQS, EPA is withdrawing the May
8, 2009 proposed disapprovals of Delaware's, Maryland's, New Jersey's,
and Pennsylvania's 8-hour ozone attainment demonstrations for the
Philadelphia Area. (74 FR 21599, 74 FR 21588, 74 FR 21578, and 74 FR
21604)
VIII. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and would, if finalized, result in the suspension of
certain Federal requirements, and would not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 proposed determination that the Philadelphia Area
has attained the 1997 8-hour ozone NAAQS 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
Dated: November 22, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-31665 Filed 12-8-11; 8:45 am]
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