Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 Annual Fine Particulate Standard for the Philadelphia-Wilmington Nonattainment Area, 28782-28785 [2012-11651]
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Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this rule 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). This rule will be effective upon
publication in the Federal Register.
IX. Statutory Authority
The statutory authority for this action
is provided by the CAA, as amended (42
U.S.C. 7401, et seq.); relevant provisions
of the CAA include, but are not limited
to sections 182(b)(3), 202(a)(6),
301(a)(1), and 307(b), and 307(d)(42
U.S.C. 7511a(b)(3), 7521(a)(6),
7601(a)(1), 7607(b), and 7607(d)).
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Ozone, Particulate
matter, Volatile organic compounds.
Dated: May 9, 2012.
Lisa P. Jackson,
Administrator.
For reasons set forth in the preamble,
part 51 of chapter I of title 40 of the
Code of Federal Regulations is amended
as follows:
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS.
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
Subpart G—[Amended]
2. Section 51.126 is added to read as
follows:
■
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§ 51.126 Determination of widespread use
of ORVR and waiver of CAA section
182(b)(3) Stage II gasoline vapor recovery
requirements.
(a) Pursuant to section 202(a)(6) of the
Clean Air Act, the Administrator has
determined that, effective May 16, 2012,
onboard refueling vapor recovery
(ORVR) systems are in widespread use
in the motor vehicle fleet within the
United States.
(b) Effective May 16, 2012, the
Administrator waives the requirement
of Clean Air Act section 182(b)(3) for
Stage II vapor recovery systems in ozone
nonattainment areas regardless of
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classification. States must submit and
receive EPA approval of a revision to
their approved State Implementation
Plans before removing Stage II
requirements that are contained therein.
[FR Doc. 2012–11846 Filed 5–15–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0714; FRL–9670–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, New Jersey, and
Pennsylvania; Determinations of
Attainment of the 1997 Annual Fine
Particulate Standard for the
Philadelphia-Wilmington
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making two
determinations regarding the
Philadelphia-Wilmington, PA-NJ-DE
fine particulate (PM2.5) nonattainment
area (the Philadelphia Area). First, EPA
is making a determination that the
Philadelphia Area has attained the 1997
annual PM2.5 national ambient air
quality standard (NAAQS) by its
attainment date of April 5, 2010. This
determination is based upon quality
assured and certified ambient air
monitoring data that show the area
monitored attainment of the 1997
annual PM2.5 NAAQS for the 2007–2009
monitoring period. Second, EPA is
making a clean data determination,
finding that the Philadelphia Area has
attained the 1997 PM2.5 NAAQS, based
on quality assured and certified ambient
air monitoring data for the 2007–2009
and 2008–2010 monitoring periods. In
accordance with EPA’s applicable PM2.5
implementation rule, this determination
suspends the requirement for the
Philadelphia Area to submit an
attainment demonstration, reasonably
available control measures/reasonably
available control technology (RACM/
RACT), a reasonable further progress
(RFP) plan, and contingency measures
related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS. These actions are being
taken under the Clean Air Act (CAA).
DATES: This rule is effective on June 15,
2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
SUMMARY:
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Number EPA–R03–OAR–2011–0714. 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
action related to Delaware 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 action
related to New Jersey, please contact
Henry Feingersh, (212) 637–3382, or by
email at feingersh.henry@epa.gov.
SUPPLEMENTARY INFORMATION: The
following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Actions
III. Summary of Public Comments and EPA
Responses
IV. Final Actions
V. Statutory and Executive Order Reviews
I. Background
On January 23, 2012, EPA published
a direct final rulemaking (77 FR 3147)
and companion notice of proposed
rulemaking (NPR) (77 FR 3223) for the
States of Delaware and New Jersey and
the Commonwealth of Pennsylvania (the
States). In the January 23, 2012
rulemaking action, EPA proposed to
determine that the Philadelphia Area
attained the 1997 PM2.5 NAAQS by its
attainment date, April 5, 2010. EPA also
proposed to make a clean data
determination, finding that the
Philadelphia Area has attained the 1997
PM2.5 NAAQS.
Because EPA received adverse
comment, EPA withdrew the direct final
rule on March 13, 2012 (77 FR14697),
and the direct final rule was converted
to a proposed rule.
II. Summary of Actions
These actions do 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 annual PM2.5 NAAQS until such
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time as EPA determines that the
Philadelphia area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan.
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A. Determination of Attainment by the
Attainment Date
EPA is making a determination that
the Philadelphia Area has attained the
1997 annual PM2.5 NAAQS by its
applicable attainment date of April 5,
2010. This determination is based upon
quality assured and certified ambient air
monitoring data for the 2007–2009
monitoring period that shows the area
has monitored attainment of the 1997
PM2.5 NAAQS during this monitoring
period. Therefore, EPA has met its
requirement pursuant to CAA section
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
section 179(c).
B. Clean Data Determination
EPA is making a determination that
the Philadelphia Area is attaining the
1997 annual PM2.5 NAAQS. This
determination is based upon quality
assured and certified ambient air
monitoring data that show the area has
monitored attainment of the 1997 PM2.5
NAAQS for the 2007–2009 and 2008–
2010 monitoring periods. This
determination of attainment suspends
the CAA requirements for the
Philadelphia Area to submit an
attainment demonstration and the
associated RFP plan, contingency
measures, RACM/RACT analysis, and
any other planning requirements related
to attainment of the 1997 annual PM2.5
NAAQS. These requirements remain
suspended for so long as the area
continues to attain the 1997 annual
PM2.5 NAAQS.
The clean data determination
suspends the requirement for the
Philadelphia Area to submit an
attainment demonstration, RACM/
RACT, RFP plan, contingency measures,
and any other planning requirements
related to attainment of the 1997 annual
PM2.5 NAAQS. This suspension remains
in effect 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 annual PM2.5
NAAQS. This determination is separate
from, and does not influence or
otherwise affect, any future designation
determination or requirements for the
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Philadelphia Area based on any new or
revised PM2.5 NAAQS. It remains in
effect regardless of whether EPA
designates the Philadelphia Area as a
nonattainment area for purposes of any
new or revised PM2.5 NAAQS. Although
these requirements are suspended, EPA
is not precluded from acting upon these
elements. The States of Delaware and
New Jersey, and the Commonwealth of
Pennsylvania have submitted state
implementation plan (SIP) revisions for
their portions of the Philadelphia Area
to EPA for review and approval.
C. Ambient Air Quality Monitoring Data
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the PM2.5 ambient air
monitoring data for the monitoring
periods 2007–2009 and 2008–2010 for
the Philadelphia Area, as recorded in
the EPA Air Quality System database.
On the basis of that review, EPA has
concluded that the Philadelphia Area
attained the 1997 annual PM2.5 NAAQS
based on data for the 2007–2009 and
2008–2010 monitoring periods. In the
Technical Support Document (TSD)
prepared for this action, EPA evaluates
the air quality data for the Philadelphia
Area. For details, please refer to EPA’s
TSD, which can be viewed at https://
www.regulations.gov.
III. Summary of Public Comments and
EPA Responses
On January 24, 2012, EPA received
adverse comments on the direct final
rule from Mr. Robert Ukeiley. A
summary of the comments submitted
and EPA’s response is provided below.
Comment: The commenter alleges that
the determination of attainment here
(‘‘clean data determination’’) violates
CAA section 110(l) because EPA has not
completed its review of the PM2.5
NAAQS. The commenter asserts that the
clean data determination should not be
finalized until after EPA promulgates a
new PM2.5 NAAQS.
Response: EPA’s rulemaking action
here addresses only the 1997 annual
PM2.5 NAAQS, and has no bearing on
any other NAAQS, including any future
revised NAAQS. Therefore, this
comment is not relevant to this
rulemaking action.
Comment: The commenter states that
this clean data determination violates
CAA section 110(l) because all other
NAAQS would benefit from the
Philadelphia Area fully implementing
the 1997 annual PM2.5 NAAQS,
including implementation of RACT. The
commenter alleged that EPA failed to
conduct an analysis of the impacts of
the clean data determination, and this
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will interfere with other NAAQS
attainment.
Response: CAA section 110(l) applies
explicitly and only to a ‘‘revision to an
implementation plan.’’ As set forth in
the response to comment above, EPA’s
rulemaking here is restricted to EPA’s
determination, based on ambient air
quality, that the Philadelphia Area is
attaining the 1997 annual PM2.5
standard. It is not a SIP revision, and
thus section 110(l) is by its own terms
is not applicable to this rulemaking. It
is not this determination of attainment,
but rather EPA’s PM2.5 implementation
rule, 40 CFR 51.1004(c), that specifies
the consequence of the determination as
suspension of the area’s obligations to
submit an attainment demonstration, a
RFP plan, contingency measures and
other planning requirements related to
attainment as SIP revisions for as long
as the area continues to attain. In any
case, the requirements that are
suspended by the regulation are related
solely to attainment for the 1997 annual
PM2.5 standard. EPA is determining, and
the commenter does not contest, that the
area is attaining the 1997 annual PM2.5
standard, and that the suspension of
attainment planning SIP submissions
lasts only as long as the area is meeting
that standard. No other requirements are
suspended and no control measures in
the SIP are being relaxed. This action
has no effect on control measures, or air
quality, in the area. In sum, no
evaluation under section 110(l) is
required by law, and even if such an
evaluation were required, EPA would
conclude that this determination of
attainment would not interfere with
attainment, reasonable further progress
towards attainment, or any other
applicable requirement of the CAA. EPA
notes that this same individual
submitted similar comments on
determinations of attainment (‘‘clean
data determinations’’) for the 1997 8hour ozone NAAQS for the PittsburghBeaver Valley nonattainment area in
Pennsylvania (Pittsburgh Area) and the
Charlotte-Gastonia-Rock Hill
nonattainment area in North Carolina
and South Carolina (Charlotte Area),
and for the 1997 annual PM2.5 NAAQS
for the Kentucky Portion of the
Cincinnati-Hamilton nonattainment area
(Cincinnati-Hamilton Area). EPA
responded to those comments in final
rulemaking actions for the Pittsburgh,
Charlotte, and Cincinnati-Hamilton
Areas, at 76 FR 31237, 76 FR 70656, and
76 FR 77903, respectively.
IV. Final Actions
EPA is making two determinations
regarding the Philadelphia Area. First,
EPA is making a clean data
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determination, finding that the
Philadelphia Area has attained the 1997
annual PM2.5 NAAQS. This clean data
determination is based upon quality
assured, and certified ambient air
monitoring data that show the area has
monitored attainment of the 1997
annual PM2.5 NAAQS for the 2007–2009
and 2008–2010 monitoring periods.
This clean data determination suspends
the requirements for the Philadelphia
Area to submit an attainment
demonstration and associated RACM/
RACT, RFP plan, contingency measures,
and any other planning requirements
related to attainment of the 1997 annual
PM2.5 NAAQS, as provided in 40 CFR
51.1004(c), so long as the area continues
to attain the 1997 annual PM2.5 NAAQS.
Second, pursuant to section 179(c) of
the CAA, EPA is making a
determination that the Philadelphia
Area has attained the 1997 annual PM2.5
NAAQS by its attainment date, April 5,
2010. This determination is based upon
quality assured, and certified ambient
air monitoring data for the 2007–2009
monitoring period.
V. 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
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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 July 16, 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
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Philadelphia Area has attained the 1997
annual PM2.5 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 28, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Dated: April 24, 2012.
Judith A. Enck,
Regional Administrator, Region II.
Part 52, chapter I, title 40 of the Code
of Federal Regulations 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. In § 52.425 the existing paragraph is
designated as paragraph (a), and
paragraph (b) is added to read as
follows:
■
§ 52.425
Determinations of attainment.
*
*
*
*
*
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA-NJ-DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) 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-Wilmington, PA-NJ-DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
■ 3. Section 52.427 is added to read as
follows:
§ 52.427
matter.
Control strategy: Particulate
Determination of attainment. EPA has
determined, as of May 16, 2012, that
based on 2007 to 2009 and 2008 to 2010
ambient air quality data, the
Philadelphia-Wilmington, PA-NJ-DE
nonattainment area has attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
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CFR 51.1004(c), 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 PM2.5
NAAQS.
Subpart FF—New Jersey
4. In § 52.1576 the existing paragraph
is designated as paragraph (a), and
paragraph (b) is added to read as
follows:
■
§ 52.1576
Determinations of attainment.
*
*
*
*
*
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA-NJ-DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) 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-Wilmington, PA-NJ-DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
■ 5. Section 52.1602 is amended by
adding new paragraph (d) to read as
follows:
§ 52.1602 Control strategy and
regulations: PM2.5.
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*
*
*
*
(d) Determination of Attainment. EPA
has determined, as of May 16, 2012, that
the Philadelphia-Wilmington, PA-NJ-DE
fine particle (PM2.5) nonattainment area
has attained the 1997 PM2.5 National
Ambient Air Quality Standard. This
determination, in accordance with 40
CFR 51.1004(c), 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 the area
continues to attain the 1997 PM2.5
NAAQS.
Subpart NN—Pennsylvania
6. Section 52.2056 is amended by
adding paragraph (g) to read as follows:
§ 52.2056
Determinations of attainment.
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§ 52.2059
matter.
Control strategy: Particulate
*
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*
*
*
(f) Determination of Attainment. EPA
has determined, as of May 16, 2012, that
based on 2007 to 2009 and 2008 to 2010
ambient air quality data, the
Philadelphia-Wilmington, PA-NJ-DE
nonattainment area has attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 51.1004(c), 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 PM2.5
NAAQS.
[FR Doc. 2012–11651 Filed 5–15–12; 8:45 am]
*
■
(g) Based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, EPA determined that the
Philadelphia-Wilmington, PA-NJ-DE
fine particle (PM2.5) nonattainment area
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. Therefore, EPA has met
the requirement pursuant to CAA
section 179(c) 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-Wilmington, PA-NJ-DE
PM2.5 nonattainment area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
■ 7. Section 52.2059 is amended by
adding paragraph (f) to read as follows:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 97
[EPA–HQ–OAR–2009–0491; FRL–9671–4]
RIN 2060–AR35
Revisions to Federal Implementation
Plans To Reduce Interstate Transport
of Fine Particulate Matter and Ozone
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
The EPA issued ‘‘Revisions to
Federal Implementation Plans To
Reduce Interstate Transport of Fine
Particulate Matter and Ozone’’ as a
direct final rule on February 21, 2012.
Because the EPA received adverse
comments on this action, we are
withdrawing the direct final rule.
SUMMARY:
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28785
As of May 16, 2012, the EPA
withdraws the direct final rule revisions
published on February 21, 2012, at 77
FR 10342.
FOR FURTHER INFORMATION CONTACT:
Jeremy Mark, U.S. Environmental
Protection Agency, Clean Air Markets
Division, MC 6204J, Ariel Rios Building,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460, telephone (202)
343–9087, email at mark.jeremy@epa.
gov. Electronic copies of this document
can be accessed through the EPA Web
site at: https://epa.gov/airmarkets.
SUPPLEMENTARY INFORMATION: The EPA
issued ‘‘Revisions to Federal
Implementation Plans To Reduce
Interstate Transport of Fine Particulate
Matter and Ozone’’ as a direct final rule
on February 21, 2012. See 77 FR 10342.
The direct final rule would have
amended the preamble and rule text to
the ‘‘Federal Implementation Plans:
Interstate Transport of Fine Particulate
Matter and Ozone and Correction of SIP
Approvals’’ (Transport Rule), published
August 8, 2011, to revise certain state
emission budgets, variability limits, and
new unit set-asides. Specifically, this
direct final rule would have revised
2012 and/or 2014 state budgets and
variability limits in Arkansas, Georgia,
Indiana, Kansas, Louisiana, Mississippi,
Missouri, New York, Nebraska, Ohio,
Oklahoma, South Carolina, and Texas,
and revised new unit set-asides in
Arkansas, Louisiana, and Missouri. See
77 FR 10342.
The EPA also issued a parallel
proposal on February 21, 2012, that
proposed to make the same revisions
outlined in the direct final rule. See 77
FR 10350. The EPA stated in the direct
final rule revisions that if we received
significant adverse comment by
February 21, 2012, we would publish a
timely notice of withdrawal of the direct
final rule in the Federal Register.
The EPA received several comments
on the direct final rule and the parallel
proposal. Many of the comments
support the specific revisions made in
the direct final rule, but some are
adverse or adverse in part. Generally,
where the comments are adverse, they
support the revisions that would have
been made by the direct final rule but
argue the revisions should have gone
further. In addition, a number of the
comments duplicate comments to which
EPA has previously responded.
Because EPA received adverse
comments, we are withdrawing the
direct final rule, ‘‘Revisions to Federal
Implementation Plans To Reduce
Interstate Transport of Fine Particulate
Matter and Ozone.’’ 77 FR 10342. The
EPA intends to act on the parallel
DATES:
E:\FR\FM\16MYR1.SGM
16MYR1
]]>Agencies
[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28782-28785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11651]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0714; FRL-9670-3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of
the 1997 Annual Fine Particulate Standard for the Philadelphia-
Wilmington Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is making two determinations regarding the Philadelphia-
Wilmington, PA-NJ-DE fine particulate (PM2.5) nonattainment
area (the Philadelphia Area). First, EPA is making a determination that
the Philadelphia Area has attained the 1997 annual PM2.5
national ambient air quality standard (NAAQS) by its attainment date of
April 5, 2010. This determination is based upon quality assured and
certified ambient air monitoring data that show the area monitored
attainment of the 1997 annual PM2.5 NAAQS for the 2007-2009
monitoring period. Second, EPA is making a clean data determination,
finding that the Philadelphia Area has attained the 1997
PM2.5 NAAQS, based on quality assured and certified ambient
air monitoring data for the 2007-2009 and 2008-2010 monitoring periods.
In accordance with EPA's applicable PM2.5 implementation
rule, this determination suspends the requirement for the Philadelphia
Area to submit an attainment demonstration, reasonably available
control measures/reasonably available control technology (RACM/RACT), a
reasonable further progress (RFP) plan, and contingency measures
related to attainment of the 1997 annual PM2.5 NAAQS for so
long as the area continues to attain the 1997 annual PM2.5
NAAQS. These actions are being taken under the Clean Air Act (CAA).
DATES: This rule is effective on June 15, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0714. 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
action related to Delaware 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 action related to New Jersey, please contact
Henry Feingersh, (212) 637-3382, or by email at
feingersh.henry@epa.gov.
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this action.
I. Background
II. Summary of Actions
III. Summary of Public Comments and EPA Responses
IV. Final Actions
V. Statutory and Executive Order Reviews
I. Background
On January 23, 2012, EPA published a direct final rulemaking (77 FR
3147) and companion notice of proposed rulemaking (NPR) (77 FR 3223)
for the States of Delaware and New Jersey and the Commonwealth of
Pennsylvania (the States). In the January 23, 2012 rulemaking action,
EPA proposed to determine that the Philadelphia Area attained the 1997
PM2.5 NAAQS by its attainment date, April 5, 2010. EPA also
proposed to make a clean data determination, finding that the
Philadelphia Area has attained the 1997 PM2.5 NAAQS.
Because EPA received adverse comment, EPA withdrew the direct final
rule on March 13, 2012 (77 FR14697), and the direct final rule was
converted to a proposed rule.
II. Summary of Actions
These actions do 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 annual
PM2.5 NAAQS until such
[[Page 28783]]
time as EPA determines that the Philadelphia area meets the CAA
requirements for redesignation to attainment, including an approved
maintenance plan.
A. Determination of Attainment by the Attainment Date
EPA is making a determination that the Philadelphia Area has
attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010. This determination is based upon
quality assured and certified ambient air monitoring data for the 2007-
2009 monitoring period that shows the area has monitored attainment of
the 1997 PM2.5 NAAQS during this monitoring period.
Therefore, EPA has met its requirement pursuant to CAA section 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 section 179(c).
B. Clean Data Determination
EPA is making a determination that the Philadelphia Area is
attaining the 1997 annual PM2.5 NAAQS. This determination is
based upon quality assured and certified ambient air monitoring data
that show the area has monitored attainment of the 1997
PM2.5 NAAQS for the 2007-2009 and 2008-2010 monitoring
periods. This determination of attainment suspends the CAA requirements
for the Philadelphia Area to submit an attainment demonstration and the
associated RFP plan, contingency measures, RACM/RACT analysis, and any
other planning requirements related to attainment of the 1997 annual
PM2.5 NAAQS. These requirements remain suspended for so long
as the area continues to attain the 1997 annual PM2.5 NAAQS.
The clean data determination suspends the requirement for the
Philadelphia Area to submit an attainment demonstration, RACM/RACT, RFP
plan, contingency measures, and any other planning requirements related
to attainment of the 1997 annual PM2.5 NAAQS. This
suspension remains in effect 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 annual PM2.5 NAAQS. This determination is
separate from, and does not influence or otherwise affect, any future
designation determination or requirements for the Philadelphia Area
based on any new or revised PM2.5 NAAQS. It remains in
effect regardless of whether EPA designates the Philadelphia Area as a
nonattainment area for purposes of any new or revised PM2.5
NAAQS. Although these requirements are suspended, EPA is not precluded
from acting upon these elements. The States of Delaware and New Jersey,
and the Commonwealth of Pennsylvania have submitted state
implementation plan (SIP) revisions for their portions of the
Philadelphia Area to EPA for review and approval.
C. Ambient Air Quality Monitoring Data
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the PM2.5 ambient air monitoring data for the
monitoring periods 2007-2009 and 2008-2010 for the Philadelphia Area,
as recorded in the EPA Air Quality System database. On the basis of
that review, EPA has concluded that the Philadelphia Area attained the
1997 annual PM2.5 NAAQS based on data for the 2007-2009 and
2008-2010 monitoring periods. In the Technical Support Document (TSD)
prepared for this action, EPA evaluates the air quality data for the
Philadelphia Area. For details, please refer to EPA's TSD, which can be
viewed at https://www.regulations.gov.
III. Summary of Public Comments and EPA Responses
On January 24, 2012, EPA received adverse comments on the direct
final rule from Mr. Robert Ukeiley. A summary of the comments submitted
and EPA's response is provided below.
Comment: The commenter alleges that the determination of attainment
here (``clean data determination'') violates CAA section 110(l) because
EPA has not completed its review of the PM2.5 NAAQS. The
commenter asserts that the clean data determination should not be
finalized until after EPA promulgates a new PM2.5 NAAQS.
Response: EPA's rulemaking action here addresses only the 1997
annual PM2.5 NAAQS, and has no bearing on any other NAAQS,
including any future revised NAAQS. Therefore, this comment is not
relevant to this rulemaking action.
Comment: The commenter states that this clean data determination
violates CAA section 110(l) because all other NAAQS would benefit from
the Philadelphia Area fully implementing the 1997 annual
PM2.5 NAAQS, including implementation of RACT. The commenter
alleged that EPA failed to conduct an analysis of the impacts of the
clean data determination, and this will interfere with other NAAQS
attainment.
Response: CAA section 110(l) applies explicitly and only to a
``revision to an implementation plan.'' As set forth in the response to
comment above, EPA's rulemaking here is restricted to EPA's
determination, based on ambient air quality, that the Philadelphia Area
is attaining the 1997 annual PM2.5 standard. It is not a SIP
revision, and thus section 110(l) is by its own terms is not applicable
to this rulemaking. It is not this determination of attainment, but
rather EPA's PM2.5 implementation rule, 40 CFR 51.1004(c),
that specifies the consequence of the determination as suspension of
the area's obligations to submit an attainment demonstration, a RFP
plan, contingency measures and other planning requirements related to
attainment as SIP revisions for as long as the area continues to
attain. In any case, the requirements that are suspended by the
regulation are related solely to attainment for the 1997 annual
PM2.5 standard. EPA is determining, and the commenter does
not contest, that the area is attaining the 1997 annual
PM2.5 standard, and that the suspension of attainment
planning SIP submissions lasts only as long as the area is meeting that
standard. No other requirements are suspended and no control measures
in the SIP are being relaxed. This action has no effect on control
measures, or air quality, in the area. In sum, no evaluation under
section 110(l) is required by law, and even if such an evaluation were
required, EPA would conclude that this determination of attainment
would not interfere with attainment, reasonable further progress
towards attainment, or any other applicable requirement of the CAA. EPA
notes that this same individual submitted similar comments on
determinations of attainment (``clean data determinations'') for the
1997 8-hour ozone NAAQS for the Pittsburgh-Beaver Valley nonattainment
area in Pennsylvania (Pittsburgh Area) and the Charlotte-Gastonia-Rock
Hill nonattainment area in North Carolina and South Carolina (Charlotte
Area), and for the 1997 annual PM2.5 NAAQS for the Kentucky
Portion of the Cincinnati-Hamilton nonattainment area (Cincinnati-
Hamilton Area). EPA responded to those comments in final rulemaking
actions for the Pittsburgh, Charlotte, and Cincinnati-Hamilton Areas,
at 76 FR 31237, 76 FR 70656, and 76 FR 77903, respectively.
IV. Final Actions
EPA is making two determinations regarding the Philadelphia Area.
First, EPA is making a clean data
[[Page 28784]]
determination, finding that the Philadelphia Area has attained the 1997
annual PM2.5 NAAQS. This clean data determination is based
upon quality assured, and certified ambient air monitoring data that
show the area has monitored attainment of the 1997 annual
PM2.5 NAAQS for the 2007-2009 and 2008-2010 monitoring
periods. This clean data determination suspends the requirements for
the Philadelphia Area to submit an attainment demonstration and
associated RACM/RACT, RFP plan, contingency measures, and any other
planning requirements related to attainment of the 1997 annual
PM2.5 NAAQS, as provided in 40 CFR 51.1004(c), so long as
the area continues to attain the 1997 annual PM2.5 NAAQS.
Second, pursuant to section 179(c) of the CAA, EPA is making a
determination that the Philadelphia Area has attained the 1997 annual
PM2.5 NAAQS by its attainment date, April 5, 2010. This
determination is based upon quality assured, and certified ambient air
monitoring data for the 2007-2009 monitoring period.
V. 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 July 16, 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 annual PM2.5 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 28, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Dated: April 24, 2012.
Judith A. Enck,
Regional Administrator, Region II.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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. In Sec. 52.425 the existing paragraph is designated as paragraph
(a), and paragraph (b) is added to read as follows:
Sec. 52.425 Determinations of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) 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-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
3. Section 52.427 is added to read as follows:
Sec. 52.427 Control strategy: Particulate matter.
Determination of attainment. EPA has determined, as of May 16,
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40
[[Page 28785]]
CFR 51.1004(c), 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 PM2.5 NAAQS.
Subpart FF--New Jersey
0
4. In Sec. 52.1576 the existing paragraph is designated as paragraph
(a), and paragraph (b) is added to read as follows:
Sec. 52.1576 Determinations of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) 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-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
5. Section 52.1602 is amended by adding new paragraph (d) to read as
follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(d) Determination of Attainment. EPA has determined, as of May 16,
2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle
(PM2.5) nonattainment area has attained the 1997
PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), 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 the area continues to attain
the 1997 PM2.5 NAAQS.
Subpart NN--Pennsylvania
0
6. Section 52.2056 is amended by adding paragraph (g) to read as
follows:
Sec. 52.2056 Determinations of attainment.
* * * * *
(g) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) 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-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
0
7. Section 52.2059 is amended by adding paragraph (f) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(f) Determination of Attainment. EPA has determined, as of May 16,
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has
attained the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 51.1004(c), 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
PM2.5 NAAQS.
[FR Doc. 2012-11651 Filed 5-15-12; 8:45 am]
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