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, 17341-17344 [2012-7196]
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17341
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations
Applicable geographic or
nonattainment area
Name of SIP provision
State submittal
date
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State-wide ..............................
Nevada Regional Haze State
Implementation Plan (October 2009), excluding the
BART determination and the
associated emission limits
for NOX at Reid Gardner
Generating Station in sections 5.5.3, 5.6.3 and 7.2.
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3. Section 52.1488 is amended by
adding paragraph (e) to read as follows:
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§ 52.1488
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11/18/09
EPA approval date
*
[Insert page number where
the document begins 3/26/
12].
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on February 18, 2010 and September 20,
2011.
[FR Doc. 2012–7025 Filed 3–23–12; 8:45 am]
Visibility protection.
BILLING CODE 6560–50–P
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(e) Approval. On November 18, 2009,
the Nevada Division of Environmental
Protection submitted the ‘‘Nevada
Regional Haze State Implementation
Plan.’’ With the exception of the BART
determination and the associated
emission limits for NOX at Reid Gardner
Generating Station in sections 5.5.3,
5.6.3 and 7.2, the Nevada Regional Haze
State Implementation Plan, as
supplemented and amended on
February 18, 2010 and September 20,
2011, meets the applicable requirements
of Clean Air Act sections 169A and
169B and the Regional Haze Rule in 40
CFR 51.308.
4. Add a new § 52.1491 to read as
follows:
■
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§ 52.1491
(a) Approval. On February 7, 2007,
the Nevada Division of Environmental
Protection submitted the ‘‘Nevada State
Implementation Plan for Interstate
Transport to Satisfy the Requirements of
the Clean Air Act 110(a)(2)(D)(i) for the
8-hour Ozone and PM2.5 NAAQS
Promulgated in July 1997’’ (‘‘2007
Interstate Transport SIP’’). The 2007
Interstate Transport SIP meets the
requirements of Clean Air Act section
110(a)(2)(D)(i) for the 1997 8-hour ozone
and 1997 PM2.5 NAAQS other than the
requirements of Clean Air Act section
110(a)(2)(D)(i)(II) regarding interference
with other states’ measures to protect
visibility.
(b) Approval. The requirements of
Clean Air Act section 110(a)(2)(D)(i)(II)
regarding interference with other states’
measures to protect visibility for the
1997 8-hour ozone and 1997 PM2.5
NAAQS are met by the ‘‘Nevada
Regional Haze State Implementation
Plan,’’ as supplemented and amended
16:21 Mar 23, 2012
40 CFR Part 52
[EPA–R03–OAR–2011–0713; FRL–9652–6]
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making two
determinations regarding the
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area). First, EPA is determining that the
Philadelphia Area has attained the 1997
8-hour ozone National Ambient Air
Quality Standard (NAAQS). This
determination is based upon complete,
quality assured, and certified ambient
air monitoring data that show the area
has monitored attainment of the 1997 8hour ozone NAAQS for the 2008–2010
monitoring period. In accordance with
EPA’s applicable ozone implementation
rule, this clean data determination
suspends the requirement for the
Philadelphia 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-hours ozone
NAAQS. These requirements shall be
suspended for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS. Second, EPA is
SUMMARY:
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AGENCY
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Explanation
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Excluding Appendix A (‘‘Nevada BART Regulation’’).
The Nevada BART regulation, including NAC
445B.029, 445B.22095,
and 445B.22096, is listed
above in 40 CFR
52.1470(c).
*
determining that the Philadelphia Area
has attained the 1997 8-hour ozone
NAAQS by its attainment date of June
15, 2011. These actions are being taken
under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on April 25, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0713. All
documents in the docket are listed in
the 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
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.
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–
3711, or by email at
truchan.paul@epa.gov.
SUPPLEMENTARY INFORMATION: The
following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Actions
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA published a notice of proposed
rulemaking (NPR) for the States of
Delaware, Maryland, and New Jersey
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and the Commonwealth of Pennsylvania
(the States) on December 9, 2011 (76 FR
76929). Pursuant to section
181(b)(2)(A) 1 of the CAA, the December
9, 2011 NPR proposed to determine that
the Philadelphia Area attained the 1997
8-hour ozone NAAQS by its attainment
date, June 15, 2011. This proposed
determination was based upon
complete, quality assured, and certified
ambient air monitoring data for the
2008–2010 monitoring period that show
the Philadelphia Area has monitored
attainment of the 1997 8-hour ozone
NAAQS during this monitoring period.
Preliminary ambient air monitoring data
for the 2009–2011 monitoring period is
consistent with continued attainment.
The December 9, 2011 NPR also
proposed to make a clean data
determination that the Philadelphia
Area has attained the 1997 8-hour ozone
NAAQS. This proposed clean data
determination was based upon
complete, quality assured, and certified
ambient air monitoring data that show
the Philadelphia Area has monitored
attainment of the 1997 8-hour ozone
NAAQS for the 2008–2010 monitoring
period. As a result of this determination,
the requirement for the Philadelphia
Area to submit an attainment
demonstration, a RACM analysis, an
RFP plan, contingency measures, and
other planning requirements related to
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.
In that same December 9, 2011
rulemaking notice, EPA withdrew the
May 8, 2009 proposed disapprovals of
the attainment demonstrations for the
Philadelphia Area, based on the ambient
air quality monitoring data
demonstrating attainment. 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. See 74
FR 21599, 74 FR 21588, 74 FR 21578,
and 74 FR 21604, respectively.
However, the Philadelphia Area
qualified for a one-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 one-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.
EPA is making a determination that
the Philadelphia Area has attained the
1997 ozone NAAQS by its applicable
attainment date of June 15, 2011. As a
result of this action, EPA has met its
requirement pursuant to CAA section
181(b)(2)(A) 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 this
final determination of attainment by the
area’s attainment date is to discharge
EPA’s obligation under CAA section
181(b)(2)(A) 2 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. This
determination of attainment is not
equivalent to a redesignation. The States
must still meet the statutory
requirements for redesignation in order
to be redesignated to attainment.
A. Determination of Attainment by the
Attainment Date
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.
B. Clean Data Determination
EPA is making a clean data
determination, finding that the
Philadelphia Area is attaining the 1997
8-hour ozone NAAQS. Under the
provisions of EPA’s ozone
implementation rule (See 40 CFR
51.918), this clean data determination
suspends the CAA requirement for the
Philadelphia Area to submit certain
planning requirements related to
attainment of the 1997 8-hour ozone
NAAQS for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS. This clean data
determination is not equivalent to a
redesignation. The States must still meet
the statutory requirements for
redesignation in order to be
redesignated to attainment.
The clean data determination
suspends the requirements to submit an
attainment demonstration, RACM, RFP,
contingency measures, and other
planning elements related to attainment
of the 1997 8-hour ozone NAAQS. This
suspension continues until such time, if
1 The NPR cited CAA sections 181(b)(2)(A) and
179(c) as giving EPA the statutory authority for
determining whether the Philadelphia Area attained
the 1997 8-hour ozone NAAQS by its attainment
date. In this final notice, EPA is correcting that
statement to clarify that here the appropriate
statutory authority derives from section
181(b)(2)(A).
2 In the NPR, EPA stated that its obligations to
determine if an area attained the 1997 8-hour
NAAQS by its attainment was found under CAA
sections 181(b)(2)(A) and 179. EPA notes that for an
area such as Philadelphia, which is designated
moderate nonattainment for the 1997 8-hour ozone
standard, the proper citation is CAA section
181(b)(2)(A).
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II. Summary of Actions
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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. This clean data determination
is separate from, and does not influence
or otherwise affect, any future
designation determination or
requirements for the area based on any
new or revised ozone NAAQS. This
clean data determination remains in
effect regardless of whether EPA
designates the Philadelphia Area as a
nonattainment area for purposes of any
new or revised ozone NAAQS.
Although these requirements are
suspended, EPA is not precluded from
acting upon these elements. 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. 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.
C. 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. Additional
information on air quality data for the
Philadelphia Area can be found in the
Technical Support Document (TSD)
prepared for this action. The TSD can be
viewed at https://www.regulations.gov.
The rationale for EPA’s proposed action
is explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is making two determinations
regarding the Philadelphia Area. First,
EPA is making a clean data
determination, finding that the
Philadelphia Area has attained the 1997
8-hour ozone NAAQS. This clean data
determination is based upon complete,
quality assured, and certified ambient
air monitoring data that show the area
has monitored attainment of the 1997 8-
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hour ozone NAAQS for the 2008–2010
monitoring period. This clean data
determination suspends the
requirements for the Philadelphia Area
to submit an attainment demonstration
and associated RACM, RFP plan,
contingency measures, and any other
planning requirements related to
attainment of the 1997 8-hours ozone
NAAQS for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS. Second, pursuant to
section 181(b)(2)(A) of the CAA, EPA is
making a determination that the
Philadelphia Area has attained the 1997
8-hour ozone NAAQS by its attainment
date, June 15, 2011.
IV. Statutory and Executive Order
Reviews
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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
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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.
Dated: February 22, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: March 6, 2012.
Judith A. Enck,
Regional Administrator, Region II.
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).
Based upon EPA’s review of the air
quality data for the 3-year period 2008
to 2010, EPA determined that
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area) attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of June 15, 2011. Therefore, EPA
has met the requirement pursuant to
CAA section 181(b)(2)(A) to determine,
based on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Philadelphia Area
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 181(b)(2)(A).
■ 3. Section 52.426 is amended by
adding paragraph (i) to read as follows:
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 May 25, 2012. 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 determination
that the Philadelphia Area has attained
the 1997 8-hour ozone NAAQS 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,
Ozone, Reporting and recordkeeping
requirements.
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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 I—Delaware
2. Section 52.425 is added to read as
follows:
■
§ 52.425
Determinations of attainment.
§ 52.426 Control strategy plans for
attainment and rate-of-progress: ozone.
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(i) Determination of attainment. EPA
has determined, as of March 26, 2012,
that based on 2008 to 2010 ambient air
quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour
ozone moderate nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual 8hour ozone NAAQS.
Subpart V—Maryland
4. Section 52.1076 is amended by
adding paragraph (x) to read as follows:
■
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§ 52.1076 Control strategy plans for
attainment and rate-of-progress: ozone.
*
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*
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*
(x) Determination of attainment. EPA
has determined, as of March 26, 2012,
that based on 2008 to 2010 ambient air
quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour
ozone moderate nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual 8hour ozone NAAQS.
■ 5. Section 52.1082 is amended by
adding paragraph (d) to read as follows:
§ 52.1082
Determinations of attainment.
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*
*
(d) Based upon EPA’s review of the
air quality data for the 3-year period
2008 to 2010, EPA determined that
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area) attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of June 15, 2011. Therefore, EPA
has met the requirement pursuant to
CAA section 181(b)(2)(A) to determine,
based on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Philadelphia Area
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 181(b)(2)(A).
Subpart FF—New Jersey
6. Section 52.1576 is added to read as
follows:
■
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§ 52.1576
Determinations of attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2008
to 2010, EPA determined that
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area) attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
date of June 15, 2011. Therefore, EPA
has met the requirement pursuant to
CAA section 181(b)(2)(A) to determine,
based on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Philadelphia Area
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nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 181(b)(2)(A).
■ 7. Section 52.1582 is amended by
adding paragraph (n) to read as follows:
§ 52.1582 Control strategy and
regulations: Ozone.
*
*
*
*
*
(n) Attainment determination. EPA
has determined, as of March 26, 2012,
that based on 2008 to 2010 ambient air
quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour
ozone moderate nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual 8hour ozone NAAQS.
Subpart NN—Pennsylvania
8. Section 52.2037 is amended by
adding paragraph (r) to read as follows:
■
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(r) Determination of attainment. EPA
has determined, as of March 26, 2012,
that based on 2008 to 2010 ambient air
quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour
ozone moderate nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual 8hour ozone NAAQS.
■ 9. Section 52.2056 is amended by
adding paragraph (f) to read as follows:
§ 52.2056
Determinations of attainment.
*
*
*
*
*
(f) Based upon EPA’s review of the air
quality data for the 3-year period 2008
to 2010, EPA determined that
Philadelphia-Wilmington-Atlantic City,
PA–NJ–MD–DE 8-hour ozone moderate
nonattainment area (the Philadelphia
Area) attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) by the applicable attainment
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date of June 15, 2011. Therefore, EPA
has met the requirement pursuant to
CAA section 181(b)(2)(A) to determine,
based on the area’s air quality as of the
attainment date, whether the area
attained the standard. EPA also
determined that the Philadelphia Area
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 181(b)(2)(A).
[FR Doc. 2012–7196 Filed 3–23–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2011–0776; FRL–9651–3]
RIN–2060–AR20
Protection of Stratospheric Ozone:
Amendment to HFO-1234yf SNAP Rule
for Motor Vehicle Air Conditioning
Sector
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking direct
final action to revise one of the use
conditions required for use of
hydrofluoroolefin (HFO)-1234yf
(2,3,3,3-tetrafluoroprop-1-ene), a
substitute for ozone-depleting
substances (ODSs) in the motor vehicle
air conditioning end-use within the
refrigeration and air conditioning sector,
to be acceptable subject to use
conditions under EPA’s Significant New
Alternatives Policy (SNAP) program.
The revised use condition incorporates
by reference a revised standard from
SAE International.
DATES: This rule is effective on May 21,
2012 without further notice, unless EPA
receives adverse comment or receives a
request for a public hearing by April 23,
2012. If we receive adverse comment or
a request for a public hearing, we will
publish a timely withdrawal in the
Federal Register informing the public
that all or part of this rule will not take
effect. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of May 21, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA- HQ–
OAR- 2011–0776 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: Comments may be sent by
electronic mail (email) to a-and-rSUMMARY:
E:\FR\FM\26MRR1.SGM
26MRR1
]]>Agencies
[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Rules and Regulations]
[Pages 17341-17344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0713; FRL-9652-6]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is making two determinations regarding the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area (the Philadelphia Area). First, EPA is determining
that the Philadelphia Area has attained the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS). This 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. In accordance with EPA's
applicable ozone implementation rule, this clean data determination
suspends the requirement for the Philadelphia 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-hours ozone NAAQS. These
requirements shall be suspended for so long as the area continues to
attain the 1997 8-hour ozone NAAQS. Second, EPA is determining that the
Philadelphia Area has attained the 1997 8-hour ozone NAAQS by its
attainment date of June 15, 2011. These actions are being taken under
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on April 25, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0713. All documents in the docket are listed in
the 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 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.
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-
3711, or by email at truchan.paul@epa.gov.
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Actions
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA published a notice of proposed rulemaking (NPR) for the States
of Delaware, Maryland, and New Jersey
[[Page 17342]]
and the Commonwealth of Pennsylvania (the States) on December 9, 2011
(76 FR 76929). Pursuant to section 181(b)(2)(A) \1\ of the CAA, the
December 9, 2011 NPR proposed to determine that the Philadelphia Area
attained the 1997 8-hour ozone NAAQS by its attainment date, June 15,
2011. This proposed determination was based upon complete, quality
assured, and certified ambient air monitoring data for the 2008-2010
monitoring period that show the Philadelphia Area has monitored
attainment of the 1997 8-hour ozone NAAQS during this monitoring
period. Preliminary ambient air monitoring data for the 2009-2011
monitoring period is consistent with continued attainment.
---------------------------------------------------------------------------
\1\ The NPR cited CAA sections 181(b)(2)(A) and 179(c) as giving
EPA the statutory authority for determining whether the Philadelphia
Area attained the 1997 8-hour ozone NAAQS by its attainment date. In
this final notice, EPA is correcting that statement to clarify that
here the appropriate statutory authority derives from section
181(b)(2)(A).
---------------------------------------------------------------------------
The December 9, 2011 NPR also proposed to make a clean data
determination that the Philadelphia Area has attained the 1997 8-hour
ozone NAAQS. This proposed clean data determination was based upon
complete, quality assured, and certified ambient air monitoring data
that show the Philadelphia Area has monitored attainment of the 1997 8-
hour ozone NAAQS for the 2008-2010 monitoring period. As a result of
this determination, the requirement for the Philadelphia Area to submit
an attainment demonstration, a RACM analysis, an RFP plan, contingency
measures, and other planning requirements related to 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.
In that same December 9, 2011 rulemaking notice, EPA withdrew the
May 8, 2009 proposed disapprovals of the attainment demonstrations for
the Philadelphia Area, based on the ambient air quality monitoring data
demonstrating attainment. 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. See 74 FR
21599, 74 FR 21588, 74 FR 21578, and 74 FR 21604, respectively.
II. Summary of Actions
A. Determination of Attainment by the Attainment Date
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 one-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 one-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.
EPA is making a determination that the Philadelphia Area has
attained the 1997 ozone NAAQS by its applicable attainment date of June
15, 2011. As a result of this action, EPA has met its requirement
pursuant to CAA section 181(b)(2)(A) 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 this final determination of
attainment by the area's attainment date is to discharge EPA's
obligation under CAA section 181(b)(2)(A) \2\ 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.
This determination of attainment is not equivalent to a redesignation.
The States must still meet the statutory requirements for redesignation
in order to be redesignated to attainment.
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\2\ In the NPR, EPA stated that its obligations to determine if
an area attained the 1997 8-hour NAAQS by its attainment was found
under CAA sections 181(b)(2)(A) and 179. EPA notes that for an area
such as Philadelphia, which is designated moderate nonattainment for
the 1997 8-hour ozone standard, the proper citation is CAA section
181(b)(2)(A).
---------------------------------------------------------------------------
B. Clean Data Determination
EPA is making a clean data determination, finding that the
Philadelphia Area is attaining the 1997 8-hour ozone NAAQS. Under the
provisions of EPA's ozone implementation rule (See 40 CFR 51.918), this
clean data determination suspends the CAA requirement for the
Philadelphia Area to submit certain planning requirements related to
attainment of the 1997 8-hour ozone NAAQS for so long as the area
continues to attain the 1997 8-hour ozone NAAQS. This clean data
determination is not equivalent to a redesignation. The States must
still meet the statutory requirements for redesignation in order to be
redesignated to attainment.
The clean data determination suspends the requirements to submit an
attainment demonstration, RACM, RFP, contingency measures, and other
planning elements related to attainment of the 1997 8-hour ozone NAAQS.
This suspension continues 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. This clean data determination is
separate from, and does not influence or otherwise affect, any future
designation determination or requirements for the area based on any new
or revised ozone NAAQS. This clean data determination remains in effect
regardless of whether EPA designates the Philadelphia Area as a
nonattainment area for purposes of any new or revised ozone NAAQS.
Although these requirements are suspended, EPA is not precluded
from acting upon these elements. 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. 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.
C. 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. Additional information on air
quality data for the Philadelphia Area can be found in the Technical
Support Document (TSD) prepared for this action. The TSD can be viewed
at https://www.regulations.gov. The rationale for EPA's proposed action
is explained in the NPR and will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is making two determinations regarding the Philadelphia Area.
First, EPA is making a clean data determination, finding that the
Philadelphia Area has attained the 1997 8-hour ozone NAAQS. This clean
data determination is based upon complete, quality assured, and
certified ambient air monitoring data that show the area has monitored
attainment of the 1997 8-
[[Page 17343]]
hour ozone NAAQS for the 2008-2010 monitoring period. This clean data
determination suspends the requirements for the Philadelphia Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 1997 8-hours ozone NAAQS for so long as the area
continues to attain the 1997 8-hour ozone NAAQS. Second, pursuant to
section 181(b)(2)(A) of the CAA, EPA is making a determination that the
Philadelphia Area has attained the 1997 8-hour ozone NAAQS by its
attainment date, June 15, 2011.
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 May 25, 2012. 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 determination that the Philadelphia Area has attained the
1997 8-hour ozone NAAQS 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, Ozone, Reporting and
recordkeeping requirements.
Dated: February 22, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: March 6, 2012.
Judith A. Enck,
Regional Administrator, Region II.
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 I--Delaware
0
2. Section 52.425 is added to read as follows:
Sec. 52.425 Determinations of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS) by the applicable attainment date of June
15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality as
of the attainment date, whether the area attained the standard. EPA
also determined that the Philadelphia Area nonattainment area will not
be reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
0
3. Section 52.426 is amended by adding paragraph (i) to read as
follows:
Sec. 52.426 Control strategy plans for attainment and rate-of-
progress: ozone.
* * * * *
(i) Determination of attainment. EPA has determined, as of March
26, 2012, that based on 2008 to 2010 ambient air quality data,
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone
moderate nonattainment area has attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
Subpart V--Maryland
0
4. Section 52.1076 is amended by adding paragraph (x) to read as
follows:
[[Page 17344]]
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: ozone.
* * * * *
(x) Determination of attainment. EPA has determined, as of March
26, 2012, that based on 2008 to 2010 ambient air quality data,
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone
moderate nonattainment area has attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
0
5. Section 52.1082 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1082 Determinations of attainment.
* * * * *
(d) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS) by the applicable attainment date of June
15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality as
of the attainment date, whether the area attained the standard. EPA
also determined that the Philadelphia Area nonattainment area will not
be reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
Subpart FF--New Jersey
0
6. Section 52.1576 is added to read as follows:
Sec. 52.1576 Determinations of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS) by the applicable attainment date of June
15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality as
of the attainment date, whether the area attained the standard. EPA
also determined that the Philadelphia Area nonattainment area will not
be reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
0
7. Section 52.1582 is amended by adding paragraph (n) to read as
follows:
Sec. 52.1582 Control strategy and regulations: Ozone.
* * * * *
(n) Attainment determination. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data,
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone
moderate nonattainment area has attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
Subpart NN--Pennsylvania
0
8. Section 52.2037 is amended by adding paragraph (r) to read as
follows:
Sec. 52.2037 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(r) Determination of attainment. EPA has determined, as of March
26, 2012, that based on 2008 to 2010 ambient air quality data,
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone
moderate nonattainment area has attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
0
9. Section 52.2056 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2056 Determinations of attainment.
* * * * *
(f) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS) by the applicable attainment date of June
15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality as
of the attainment date, whether the area attained the standard. EPA
also determined that the Philadelphia Area nonattainment area will not
be reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
[FR Doc. 2012-7196 Filed 3-23-12; 8:45 am]
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