Approval and Promulgation of Air Quality Implementation Plans; Delaware; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area, 60914-60915 [2012-24526]
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0930; FRL–9737–9]
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Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Attainment Demonstration
for the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the
Philadelphia-Wilmington-Atlantic City
Moderate Nonattainment Area
On August 7, 2012 (77 FR 46990),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the attainment demonstration portion
of the attainment plan for the 1997 8hour ozone NAAQS for the Philadelphia
Area. The formal SIP revision was
submitted by Delaware on June 13,
2007.
II. Summary of SIP Revision
The SIP revision consists of the
attainment demonstration portion of the
AGENCY: Environmental Protection
attainment plan submitted by Delaware
Agency (EPA).
as a SIP revision on June 13, 2007 to
ACTION: Final rule.
demonstrate attainment of the 1997 8hour ozone NAAQS for the Philadelphia
SUMMARY: EPA is approving the
Area by the applicable attainment date
attainment demonstration portion of the of June 2011. EPA previously approved
attainment plan submitted by the State
other portions of the Delaware
of Delaware as a State Implementation
attainment plan submitted on June 13,
Plan (SIP) revision. The SIP revision
2007. See 75 FR 17863 (April 8, 2010).
demonstrates attainment of the 1997 8EPA has determined that the weight of
hour ozone national ambient air quality evidence analysis that Delaware used to
standard (NAAQS) for the Philadelphia- support the attainment demonstration
Wilmington-Atlantic City, PA-NJ-MDprovides sufficient evidence that the
DE moderate nonattainment area
Philadelphia Area would attain the 1997
(Philadelphia Area) by the applicable
8-hour ozone NAAQS by the applicable
attainment date of June 2011. EPA is
attainment date of June 2011. Specific
approving the SIP revision in
requirements of the attainment
accordance with the requirements of the demonstration and the rationale for
Clean Air Act (CAA).
EPA’s proposed action are explained in
DATES: This final rule is effective on
the NPR and the technical support
November 5, 2012.
document (TSD) and will not be restated
here. No public comments were
ADDRESSES: EPA has established a
received on the NPR.
docket for this action under Docket ID
Separately, EPA conducted a process
Number EPA–R03–OAR–2008–0930. All
to find adequate the motor vehicle
documents in the docket are listed in
emission budgets (MVEBs) for New
the www.regulations.gov Web site.
Although listed in the electronic docket, Castle, Kent and Sussex Counties which
are associated with the Delaware
some information is not publicly
attainment demonstration for the
available, i.e., confidential business
Philadelphia Area. A notice was posted
information (CBI) or other information
whose disclosure is restricted by statute. on EPA’s Web site for a 30-day public
comment period on the adequacy
Certain other material, such as
determination for the 2009 MVEBs
copyrighted material, is not placed on
associated with the attainment
the Internet and will be publicly
demonstration for all three counties in
available only in hard copy form.
Delaware. No comments were received
Publicly available docket materials are
during the public comment period.
available either electronically through
www.regulations.gov or in hard copy for Therefore, EPA finds adequate the
MVEBs for transportation conformity
public inspection during normal
purposes for all three counties in
business hours at the Air Protection
Division, U.S. Environmental Protection Delaware.
Agency, Region III, 1650 Arch Street,
III. Final Action
Philadelphia, Pennsylvania 19103.
EPA is approving the 1997 8-hour
Copies of the State submittal are
available at the Delaware Department of ozone NAAQS attainment
demonstration portion of the attainment
Natural Resources and Environmental
plan submitted by Delaware on June 13,
Control, 89 Kings Highway, P.O. Box
2007. EPA has determined that
1401, Dover, Delaware 19903.
Delaware’s SIP revision demonstrates
FOR FURTHER INFORMATION CONTACT: Rose attainment of the 1997 8-hour ozone
Quinto, (215) 814–2182, or by email at
NAAQS for the Philadelphia Area by
quinto.rose@epa.gov.
the applicable attainment date of June
2011. EPA also has determined that the
SUPPLEMENTARY INFORMATION:
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SIP revision meets the applicable
requirements of the CAA. EPA is also
approving and finding adequate the
2009 MVEBs associated with the
attainment demonstration for all three
counties in Delaware.
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
E:\FR\FM\05OCR1.SGM
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60915
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
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 December 4, 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 action
pertaining to the Delaware attainment
demonstration for the 1997 8-hour
ozone NAAQS for the Philadelphia Area
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 § 52.420, the table in paragraph
(e) is amended by adding the entry for
the ‘‘Attainment Demonstration for the
1997 8-Hour Ozone National Ambient
Air Quality Standard and its Associated
Motor Vehicle Emission Budgets’’ at the
end of the table to read as follows:
■
List of Subjects in 40 CFR Part 52
§ 52.420
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
Name of non-regulatory SIP revision
Applicable geographic area
State submittal
date
EPA approval date
*
*
Attainment Demonstration for the
1997 8-Hour Ozone National Ambient Air Quality Standard and its
Associated Motor Vehicle Emissions Budgets.
*
*
Delaware-Philadelphia-WilmingtonAtlantic City Moderate Nonattainment Area.
06/13/07
*
*
10/05/12 [Insert page number
where the document begins].
conditions, recordkeeping, source
sampling and testing, and statements of
compliance with 40 CFR Part 70
permits. We are approving local rules
that regulate these emission sources
under the Clean Air Act (CAA or the
Act).
[FR Doc. 2012–24526 Filed 10–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0556; FRL–9736–8]
Revisions to the Nevada State
Implementation Plan, Washoe County
Air Quality District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
revisions to the Washoe County Air
District Board of Health (WCDBOH)
portion of the Nevada State
Implementation Plan (SIP). This action
was proposed in the Federal Register on
July 30, 2012 and concerns regulations
regarding compliance with permit
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SUMMARY:
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These rules will be effective on
November 5, 2012.
DATES:
EPA has established docket
number EPA–R09–OAR–2012–0556 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
ADDRESSES:
PO 00000
Frm 00033
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Additional
explanation
*
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 30, 2012 (77 FR 44560), EPA
proposed to approve a draft version of
the following rules because we
determined that they complied with the
relevant CAA requirements.
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[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60914-60915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24526]
[[Page 60914]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0930; FRL-9737-9]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Attainment Demonstration for the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic
City Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the attainment demonstration portion of the
attainment plan submitted by the State of Delaware as a State
Implementation Plan (SIP) revision. The SIP revision demonstrates
attainment of the 1997 8-hour ozone national ambient air quality
standard (NAAQS) for the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE moderate nonattainment area (Philadelphia Area) by the applicable
attainment date of June 2011. EPA is approving the SIP revision in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on November 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0930. 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. Copies of the State
submittal are available at the Delaware Department of Natural Resources
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 2012 (77 FR 46990), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. The NPR proposed approval
of the attainment demonstration portion of the attainment plan for the
1997 8-hour ozone NAAQS for the Philadelphia Area. The formal SIP
revision was submitted by Delaware on June 13, 2007.
II. Summary of SIP Revision
The SIP revision consists of the attainment demonstration portion
of the attainment plan submitted by Delaware as a SIP revision on June
13, 2007 to demonstrate attainment of the 1997 8-hour ozone NAAQS for
the Philadelphia Area by the applicable attainment date of June 2011.
EPA previously approved other portions of the Delaware attainment plan
submitted on June 13, 2007. See 75 FR 17863 (April 8, 2010). EPA has
determined that the weight of evidence analysis that Delaware used to
support the attainment demonstration provides sufficient evidence that
the Philadelphia Area would attain the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 2011. Specific requirements of the
attainment demonstration and the rationale for EPA's proposed action
are explained in the NPR and the technical support document (TSD) and
will not be restated here. No public comments were received on the NPR.
Separately, EPA conducted a process to find adequate the motor
vehicle emission budgets (MVEBs) for New Castle, Kent and Sussex
Counties which are associated with the Delaware attainment
demonstration for the Philadelphia Area. A notice was posted on EPA's
Web site for a 30-day public comment period on the adequacy
determination for the 2009 MVEBs associated with the attainment
demonstration for all three counties in Delaware. No comments were
received during the public comment period. Therefore, EPA finds
adequate the MVEBs for transportation conformity purposes for all three
counties in Delaware.
III. Final Action
EPA is approving the 1997 8-hour ozone NAAQS attainment
demonstration portion of the attainment plan submitted by Delaware on
June 13, 2007. EPA has determined that Delaware's SIP revision
demonstrates attainment of the 1997 8-hour ozone NAAQS for the
Philadelphia Area by the applicable attainment date of June 2011. EPA
also has determined that the SIP revision meets the applicable
requirements of the CAA. EPA is also approving and finding adequate the
2009 MVEBs associated with the attainment demonstration for all three
counties in Delaware.
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
[[Page 60915]]
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 December 4, 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 action pertaining to the Delaware attainment demonstration
for the 1997 8-hour ozone NAAQS for the Philadelphia Area 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: September 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. 52.420, the table in paragraph (e) is amended by adding the
entry for the ``Attainment Demonstration for the 1997 8-Hour Ozone
National Ambient Air Quality Standard and its Associated Motor Vehicle
Emission Budgets'' at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal Additional
revision area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Attainment Demonstration for the Delaware-Philadelphia- 06/13/07 10/05/12 [Insert
1997 8-Hour Ozone National Wilmington-Atlantic page number where
Ambient Air Quality Standard and City Moderate the document
its Associated Motor Vehicle Nonattainment Area. begins].
Emissions Budgets.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-24526 Filed 10-4-12; 8:45 am]
BILLING CODE 6560-50-P
