Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area, 65488-65490 [2012-26394]
Download as PDF
<![CDATA[
65488
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
Section 110(a)(2) Infrastructure Requirements for the 2006
24-Hour Ozone
NAAQS.
*
Applicable
geographic or
nonattainment
area
State submittal date/
effective date
*
Statewide ..........
*
5/23/2011, 6/27/2012
(submittal dates).
*
*
6. Section 52.1891 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1891 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(c) Approval and Disapproval—In a
September 4, 2009 submittal,
supplemented on June 3, 2011, and July
5, 2012, Ohio certified that the State has
satisfied the infrastructure SIP
requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2006 24-hour PM2.5 NAAQS. We are not
finalizing action on the visibility
protection requirements of (D)(i)(II) or
the state board requirements of (E)(ii).
We will address these requirements in
a separate action. We are disapproving
narrow portions of Ohio’s infrastructure
SIP submission addressing the relevant
prevention of significant deterioration
requirements of the 2008 NSR Rule
(identifying PM2.5 precursors, and the
regulation of PM2.5 and PM10
condensables in permits) and the Phase
2 Rule (identification of NOX as a
precursor to ozone) with respect to
section 110(a)(2)(C), (D)(i)(II), and (J).
■ 7. Section 52.2591 is amended by
adding paragraph (e) to read as follows:
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
rmajette on DSK2TPTVN1PROD with
*
*
*
*
*
(e) Approval and Disapproval—In a
January 24, 2011, submittal,
supplemented on March 28, 2011, and
June 29, 2012, Wisconsin certified that
the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2006 24-hour PM2.5 NAAQS. We are not
finalizing action on (D)(i)(I), the
VerDate Mar<15>2010
12:17 Oct 26, 2012
Jkt 229001
EPA approved date
Comments
*
*
10/29/2012, [Insert
page number where
the document begins].
*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). We
are not finalizing action on the visibility protection requirements of (D)(i)(II) or the state
board requirements of (E)(ii). We will address these requirements in a separate action. Although EPA is disapproving portions
of Minnesota’s submission addressing the
prevention of significant deterioration, Minnesota continues to implement the Federally
promulgated rules for this purpose as they
pertain to section 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J).
*
*
visibility protection requirements of
(D)(i)(II), and the state board
requirements of (E)(ii). We will address
these requirements in a separate action.
We are disapproving narrow portions of
Wisconsin’s infrastructure SIP
submission addressing the relevant
prevention of significant deterioration
requirements of the 2008 NSR Rule
(identifying PM2.5 precursors and the
regulation of PM2.5 and PM10
condensables in permits) with respect to
section 110(a)(2)(C), (D)(i)(II), and (J).
[FR Doc. 2012–26289 Filed 10–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0929; FRL–9746–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Attainment Demonstration
for the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the
Philadelphia-Wilmington-Atlantic City
Moderate Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the
attainment demonstration portion of the
attainment plan submitted by the State
of Maryland as a State Implementation
Plan (SIP) revision. The Maryland SIP
revision demonstrates attainment of the
1997 8-hour ozone national ambient air
quality standard (NAAQS) for the
Philadelphia-Wilmington-Atlantic City,
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
*
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).
This final rule is effective on
November 28, 2012.
DATES:
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0929. 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 Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
ADDRESSES:
Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\29OCR1.SGM
29OCR1
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
I. Background
On August 23, 2012 (77 FR 50966),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of the attainment demonstration portion
of Maryland’s attainment plan for the
1997 8-hour ozone NAAQS for the
Philadelphia Area. The formal SIP
revision (#07–05) was submitted by
Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision consists of the
attainment demonstration portion of the
attainment plan submitted by Maryland
as a SIP revision on June 4, 2007 to
demonstrate attainment of the 1997 8hour ozone NAAQS for the Philadelphia
Area by the applicable attainment date
of June 2011. EPA previously approved
other portions of the Maryland
attainment plan submitted on June 4,
2007. See 75 FR 33172 (June 11, 2010).
EPA has determined that the weight of
evidence analysis that Maryland 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 to approve the
attainment demonstration are explained
in the NPR and in the technical support
document (TSD) for the NPR 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 Cecil
County which are associated with the
Maryland 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 Cecil County. No
comments were received during the
public comment period. Therefore, EPA
finds adequate the MVEBs for
transportation conformity purposes for
Cecil County, Maryland.
rmajette on DSK2TPTVN1PROD with
III. Final Action
EPA is approving the attainment
demonstration portion of the attainment
plan for the 1997 8-hour ozone NAAQS
which was submitted by Maryland on
June 4, 2007. EPA has determined that
Maryland’s SIP revision demonstrates
attainment of the 1997 8-hour ozone
NAAQS for the Philadelphia Area by
the applicable attainment date. EPA has
determined that the SIP revision meets
the applicable requirements of the CAA.
VerDate Mar<15>2010
12:17 Oct 26, 2012
Jkt 229001
EPA is also approving and finding
adequate the 2009 MVEBs associated
with the attainment demonstration for
Cecil County, Maryland.
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,
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
65489
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 28, 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 Maryland 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: October 11, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\29OCR1.SGM
29OCR1
65490
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
the Attainment Demonstration for the
■
Name of non-regulatory
SIP revision
1997 8-Hour Ozone National Ambient
Air Quality Standard and its Associated
Motor Vehicle Emissions Budgets at the
end of the table to read as follows:
Applicable geographic or
nonattainment area
*
*
*
Attainment Demonstration for
Maryland-Philadelphia-Wilthe 1997 8-Hour Ozone Namington-Atlantic City Modtional Ambient Air Quality
erate Nonattainment Area.
Standard and its Associated
Motor Vehicle Emissions
Budgets.
3. In § 52.1076, paragraph (z) is added
to read as follows:
■
§ 52.1076 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
State
submittal
date
*
06/04/07
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
Additional explanation
*
*
10/29/12 [Insert page number
where the document begins].
(z) EPA approves the attainment
demonstration portion of the attainment
plan for the 1997 8-hour ozone NAAQS
for the Philadelphia Area submitted as
a revision to the State Implementation
Plan by the Secretary of the Maryland
*
Department of the Environment on June
4, 2007. EPA also approves the 2009
motor vehicle emissions budgets
associated with the attainment
demonstration for Cecil County,
Maryland.
TRANSPORTATION CONFORMITY BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA
Type of control strategy SIP
Year
VOC
(TPD)
NOX
(TPD)
Attainment Demonstration ...............................................................................................
2009
7.3
2.2
continue to demonstrate maintenance of
the 1997 8-hour national ambient air
quality standard (NAAQS) for ozone.
This action is being taken under the
Clean Air Act (CAA).
[FR Doc. 2012–26394 Filed 10–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
40 CFR Part 52
[EPA–R03–OAR–2012–0444; FRL–9746–3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Fredericksburg 8-Hour Ozone
Maintenance Area Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the
Commonwealth of Virginia’s State
Implementation Plan (SIP) revision
submitted by the Virginia Department of
Environmental Quality (VADEQ) on
September 26, 2011. The SIP revision
updates the 2009 and 2015 motor
vehicle emission budgets (MVEBs) in
the Fredericksburg 8-Hour Ozone
Maintenance Area (Fredericksburg Area)
by replacing the previously approved
MVEBs with budgets developed using
EPA’s Motor Vehicle Emissions
Simulator emissions model
(MOVES2010a). The revised MVEBs
rmajette on DSK2TPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
12:17 Oct 26, 2012
Jkt 229001
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 6, 2012 (77 FR 46672),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
ADDRESSES: EPA has established a
proposed approval of the Virginia SIP
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0444. All revision that updates the 2009 and 2015
MVEBs in the Fredericksburg Area by
documents in the docket are listed in
replacing the previously approved
the www.regulations.gov Web site.
Although listed in the electronic docket, MVEBs with budgets developed using
MOVES2010a. By EPA’s finalizing the
some information is not publicly
proposed approval, the newly submitted
available, i.e., confidential business
MOVES2010a MVEBs will replace the
information (CBI) or other information
whose disclosure is restricted by statute. existing, MOBILE6.2-based budgets in
Virginia’s SIP and must then be used in
Certain other material, such as
future transportation conformity
copyrighted material, is not placed on
analyses for the Fredericksburg Area
the Internet and will be publicly
according to the transportation
available only in hard copy form.
conformity rule. See 40 CFR 93.118. The
Publicly available docket materials are
previously approved budgets will no
available either electronically through
www.regulations.gov or in hard copy for longer be applicable for transportation
conformity purposes. Additionally, with
public inspection during normal
the approval of the MOVES2010a-based
business hours at the Air Protection
Division, U.S. Environmental Protection MVEBs, the regional transportation
conformity grace period for not using
Agency, Region III, 1650 Arch Street,
MOVES2010a for the pollutants
Philadelphia, Pennsylvania 19103.
included in these budgets will end for
Copies of the State submittal are
the Fredericksburg Area on the effective
available at the Virginia Department of
date of this final approval. See 75 FR
Environmental Quality, 629 East Main
9411, 9414 (March 2, 2010) for
Street, Richmond, Virginia 23219.
Effective Date: This final rule is
effective on November 28, 2012.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65488-65490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26394]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0929; FRL-9746-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 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 Maryland as a State
Implementation Plan (SIP) revision. The Maryland 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 28, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0929. 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 Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 65489]]
I. Background
On August 23, 2012 (77 FR 50966), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of the attainment demonstration portion of Maryland's
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia
Area. The formal SIP revision (07-05) was submitted by
Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision consists of the attainment demonstration portion
of the attainment plan submitted by Maryland as a SIP revision on June
4, 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 Maryland attainment plan
submitted on June 4, 2007. See 75 FR 33172 (June 11, 2010). EPA has
determined that the weight of evidence analysis that Maryland 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 to
approve the attainment demonstration are explained in the NPR and in
the technical support document (TSD) for the NPR 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 Cecil County which are associated
with the Maryland 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 Cecil County. No comments were received
during the public comment period. Therefore, EPA finds adequate the
MVEBs for transportation conformity purposes for Cecil County,
Maryland.
III. Final Action
EPA is approving the attainment demonstration portion of the
attainment plan for the 1997 8-hour ozone NAAQS which was submitted by
Maryland on June 4, 2007. EPA has determined that Maryland's SIP
revision demonstrates attainment of the 1997 8-hour ozone NAAQS for the
Philadelphia Area by the applicable attainment date. EPA 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 Cecil County, Maryland.
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 December 28, 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 Maryland 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: October 11, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 65490]]
Subpart V--Maryland
0
2. In Sec. 52.1070, 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
Emissions Budgets at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Additional
revision nonattainment area submittal date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Attainment Demonstration for the Maryland- 06/04/07 10/29/12 [Insert
1997 8-Hour Ozone National Philadelphia- page number where
Ambient Air Quality Standard Wilmington- the document
and its Associated Motor Atlantic City begins].
Vehicle Emissions Budgets. Moderate
Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1076, paragraph (z) is added to read as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(z) EPA approves the attainment demonstration portion of the
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia
Area submitted as a revision to the State Implementation Plan by the
Secretary of the Maryland Department of the Environment on June 4,
2007. EPA also approves the 2009 motor vehicle emissions budgets
associated with the attainment demonstration for Cecil County,
Maryland.
Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration............................... 2009 7.3 2.2
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-26394 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
