Adequacy Status of the Submitted Attainment Plan for the Delaware Portion of the Philadelphia-Wilmington-New Jersey 1997 Fine Particulate Matter National Ambient Air Quality Standard Nonattainment Area for Transportation Conformity Purposes, 76142-76143 [2013-29808]

Download as PDF 76142 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: RP14–254–000. Applicants: Equitrans, L.P. Description: Allegheny Valley Connector Compliance Filing Docket No. CP13–138–000 to be effective 12/31/ 9998. Filed Date: 12/6/13. Accession Number: 20131206–5054. Comments Due: 5 p.m. ET 12/11/13. Docket Numbers: RP14–255–000. Applicants: Equitrans, L.P. Description: Supplemental Allegheny Valley Connector Filing to be effective 12/31/9998. Filed Date: 12/6/13. Accession Number: 20131206–5057. Comments Due: 5 p.m. ET 12/11/13. The filings are accessible in the Commission’s eLibrary system by clicking on the links or querying the docket number. Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: December 6, 2013. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2013–29813 Filed 12–13–13; 8:45 am] BILLING CODE 6717–01–P pmangrum on DSK3VPTVN1PROD with NOTICES DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG14–16–000. VerDate Mar<15>2010 13:51 Dec 13, 2013 Jkt 232001 Applicants: Fortistar North Tonawanda Inc. Description: Self-Certification of EG or FC of Fortistar North Tonawanda Inc. Filed Date: 12/5/13. Accession Number: 20131205–5106. Comments Due: 5 p.m. ET 12/26/13. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER12–1725–003. Applicants: Red Oak Power, LLC. Description: Notice of Non-Material Change in Status of Red Oak Power, LLC. Filed Date: 12/5/13. Accession Number: 20131205–5092. Comments Due: 5 p.m. ET 12/26/13. Docket Numbers: ER14–374–001. Applicants: Duke Energy Progress, Inc., Duke Energy Florida, Inc., Duke Energy Carolinas, LLC. Description: OATT Order No. 764 Compliance filing (Amendment) to be effective 12/31/9998. Filed Date: 12/5/13. Comments Due: 5 p.m. ET 12/26/13. Accession Number: 20131205–5080. Docket Numbers: ER14–536–000. Applicants: Smoky Mountain Transmission LLC. Description: Normal Schedule 3 Duke to be effective 11/1/2013. Filed Date: 12/4/13. Accession Number: 20131204–5102. Comments Due: 5 p.m. ET 12/26/13. Docket Numbers: ER14–537–000. Applicants: Duke Energy Florida, Inc. Description: Duke Energy Florida, Inc. submits OATT Formula Transmission Rates (DEF) to be effective 2/3/2014. Filed Date: 12/5/13. Accession Number: 20131205–5108. Comments Due: 5 p.m. ET 12/26/13. The filings are accessible in the Commission’s eLibrary system by clicking on the links or querying the docket number. Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Dated: December 5, 2013. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2013–29811 Filed 12–13–13; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9904–13–Region–3] Adequacy Status of the Submitted Attainment Plan for the Delaware Portion of the PhiladelphiaWilmington-New Jersey 1997 Fine Particulate Matter National Ambient Air Quality Standard Nonattainment Area for Transportation Conformity Purposes Environmental Protection Agency (EPA). ACTION: Notice of adequacy. AGENCY: In this notice, EPA is notifying the public that EPA has found that the Motor Vehicle Emissions Budgets (MVEBs) in the Delaware portion of the Philadelphia-WilmingtonNew Jersey 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) Attainment Plan, submitted as a State Implementation Plan (SIP) revision on April 25, 2012 by the Delaware Department of Natural Resources and Environmental Control (DNREC), are adequate for transportation conformity purposes. As a result of EPA’s finding, the State of Delaware must use the out-year 2012 MVEBs from the April 25, 2012 Attainment Plan for future conformity determinations for the 1997 PM2.5 NAAQS. SUMMARY: This final rule is effective on December 31, 2013. FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Environmental Scientist, Office of Air Program Planning (3AP30), United States Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103, (215) 814– 2036; becoat.gregory@epa.gov. SUPPLEMENTARY INFORMATION: Today’s notice is simply an announcement of a finding that EPA has already made. EPA Region III sent a letter to the Delaware Department of Natural Resources and Environmental Control on November 7, 2013 stating that EPA has found that the MVEBs in the Attainment Plan for budget year 2009 and out-year 2012, submitted on April 25, 2012 by DNREC, are adequate for transportation conformity purposes. As a result of EPA’s finding, the State of Delaware DATES: E:\FR\FM\16DEN1.SGM 16DEN1 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices conclusion that motor vehicle emissions of SO2, VOCs, and ammonia do not contribute significantly to the area’s PM2.5 nonattainment problem. This provision of the transportation conformity rule predates and was not disturbed by the January 4, 2013 decision in the litigation on the PM2.5 implementation rule.1 EPA has preliminarily concluded that the State’s decision to not include budgets for SO2, VOCs, and ammonia is consistent with the requirements of the transportation conformity rule. That decision does not affect EPA’s adequacy finding for the submitted direct PM and NOX MVEBs TABLE 1. DELAWARE PORTION OF THE for the Delaware portion of the Philadelphia-Wilmington-New Jersey PHILADELPHIA-WILMINGTON-NEW JERSEY 1997 PM2.5 NAAQS AT- nonattainment area. Please note that an adequacy review TAINMENT DEMONSTRATION MVEBS is separate from EPA’s completeness FOR DIRECT PM AND NOX review, and should not be used to Mobile vehicle Mobile vehicle prejudge EPA’s ultimate approval action for the SIP. Even if EPA finds a budget emissions emissions Budget budget for budget for adequate, the SIP could later be years direct PM-tons NOX-tons per disapproved. The finding and the per year year response to comments are available at 2009 .......... 257 8,448 EPA’s conformity Web site: http:// 2012 .......... 199 6,273 www.epa.gov/otaq/stateresources/ transconf/adequacy.htm. Transportation conformity is required Authority: 42 U.S.C. 7401–7671q. by section 176(c) of the Clean Air Act Dated: November 25, 2013. (CAA). EPA’s conformity rule requires W.C. Early, that transportation plans, transportation Acting Regional Administrator, Region III. improvement programs, and projects [FR Doc. 2013–29808 Filed 12–13–13; 8:45 am] conform to SIPs and establishes the BILLING CODE 6560–50–P criteria and procedures for determining whether or not they do. Conformity to a SIP means that transportation ENVIRONMENTAL PROTECTION activities will not produce new air AGENCY quality violations, worsen existing violations, or delay timely attainment of [FRL–9904–16–Region–2] the national ambient air quality standards. Proposed CERCLA Settlement Relating to the Paul’s Tank Cleaning Service The criteria by which we determine whether a SIP’s MVEBs are adequate for Superfund Site, Burlington County, New Jersey conformity purposes are outlined in 40 CFR 93.118(e)(4). EPA described the process for determining the adequacy of AGENCY: Environmental Protection Agency. submitted SIP budgets in a July 1, 2004 ACTION: Notice of proposed preamble starting at 69 FR 40038 and administrative settlement and used the information in these resources in making this adequacy determination. opportunity for public comment. Delaware did not provide emission SUMMARY: In accordance with Section budgets for sulfur dioxide (SO2), volatile 122(i) of the Comprehensive organic compounds (VOCs), or ammonia Environmental Response, for the Delaware portion of the Philadelphia-Wilmington-New Jersey 1 EPA issued conformity regulations to implement nonattainment area because it the 1997 PM2.5 NAAQS in July 2004 and May 2005 concluded that emissions of these (69 FR 40004, July 1, 2004 and 70 FR 24280, May 6, 2005, respectively). Those actions were not part precursors from motor vehicles are not of the final rule recently remanded to EPA by the significant contributors to the area’s Court of Appeals for the District of Columbia in PM2.5 air quality problem. The NRDC v. EPA, No. 08–1250 (Jan. 4, 2013), in which transportation conformity rule provision the Court remanded to EPA the implementation rule for the PM2.5 NAAQS because it concluded that at 40 CFR 93.102(b)(2)(v) indicates that EPA must implement that NAAQS pursuant to the conformity does not apply for these PM-specific implementation provisions of subpart 4 precursors, due to the lack of MVEBs for of Part D of Title I of the CAA, rather than solely these precursors and the State’s under the general provisions of subpart 1. pmangrum on DSK3VPTVN1PROD with NOTICES must use the out-year 2012 MVEBs from the April 25, 2012 Attainment Plan for future conformity determinations in the Delaware portion of the PhiladelphiaWilmington-New Jersey 1997 PM2.5 NAAQS nonattainment area. Receipt of the submittal was announced on EPA’s transportation conformity Web site. No comments were received. The findings letter is available at EPA’s conformity Web site: http://www.epa.gov/otaq/ stateresources/transconf/adequacy.htm. The adequate direct PM and nitrogen oxides (NOX) MVEBs are provided in Table 1. VerDate Mar<15>2010 13:51 Dec 13, 2013 Jkt 232001 PO 00000 Frm 00044 Fmt 4703 Sfmt 9990 76143 Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), notice is hereby given by the U.S. Environmental Protection Agency (‘‘EPA’’), Region 2, of a proposed Administrative Settlement Agreement for Recovery of Past and Future Response Costs (‘‘Agreement’’) pursuant to Section 122(h)(1) of CERCLA, with SKF USA, Inc. (‘‘Settling Party’’). The Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, and thus is potentially liable for response costs incurred at or in connection Paul’s Tank Cleaning Service Superfund Site (‘‘Site’’), located in Burlington County, New Jersey. Under the Agreement, the Settling Party agrees to pay a total of $100,000.00 to EPA for past and future response costs. EPA will consider all comments received and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations that indicate that the proposed Agreements are inappropriate, improper, or inadequate. EPA’s response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007–1866. Comments must be provided by January 15, 2014. DATES: The Agreement is available for public inspection at EPA Region 2 offices at 290 Broadway, New York, New York 10007–1866. Comments should reference the Paul’s Tank Cleaning Service Superfund Site, located in Burlington County, New Jersey, Index No. CERCLA–02–2013– 2022. To request a copy of the Agreements, please contact the EPA employee identified below. ADDRESSES: FOR FURTHER INFORMATION CONTACT: William J. Reilly, Jr., Assistant Regional Counsel, New Jersey Superfund Branch, Office of Regional Counsel, U.S. Environmental Protection Agency, 290 Broadway—17th Floor, New York, New York 10007–1866. Telephone: 212–637– 3154, email at reilly.williamj@epa.gov. Dated: November 27, 2013. Walter E. Mugdan, Director, Emergency and Remedial Response Division. [FR Doc. 2013–29807 Filed 12–13–13; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76142-76143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29808]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9904-13-Region-3]


Adequacy Status of the Submitted Attainment Plan for the Delaware 
Portion of the Philadelphia-Wilmington-New Jersey 1997 Fine Particulate 
Matter National Ambient Air Quality Standard Nonattainment Area for 
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, EPA is notifying the public that EPA has found 
that the Motor Vehicle Emissions Budgets (MVEBs) in the Delaware 
portion of the Philadelphia-Wilmington-New Jersey 1997 fine particulate 
matter (PM2.5) National Ambient Air Quality Standard (NAAQS) 
Attainment Plan, submitted as a State Implementation Plan (SIP) 
revision on April 25, 2012 by the Delaware Department of Natural 
Resources and Environmental Control (DNREC), are adequate for 
transportation conformity purposes. As a result of EPA's finding, the 
State of Delaware must use the out-year 2012 MVEBs from the April 25, 
2012 Attainment Plan for future conformity determinations for the 1997 
PM2.5 NAAQS.

DATES: This final rule is effective on December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Environmental 
Scientist, Office of Air Program Planning (3AP30), United States 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103, (215) 814-2036; becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: Today's notice is simply an announcement of 
a finding that EPA has already made. EPA Region III sent a letter to 
the Delaware Department of Natural Resources and Environmental Control 
on November 7, 2013 stating that EPA has found that the MVEBs in the 
Attainment Plan for budget year 2009 and out-year 2012, submitted on 
April 25, 2012 by DNREC, are adequate for transportation conformity 
purposes. As a result of EPA's finding, the State of Delaware

[[Page 76143]]

must use the out-year 2012 MVEBs from the April 25, 2012 Attainment 
Plan for future conformity determinations in the Delaware portion of 
the Philadelphia-Wilmington-New Jersey 1997 PM2.5 NAAQS 
nonattainment area. Receipt of the submittal was announced on EPA's 
transportation conformity Web site. No comments were received. The 
findings letter is available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. The adequate 
direct PM and nitrogen oxides (NOX) MVEBs are provided in 
Table 1.

Table 1. Delaware Portion of the Philadelphia-Wilmington-New Jersey 1997
    PM2.5 NAAQS Attainment Demonstration MVEBs for Direct PM and NOX
------------------------------------------------------------------------
                                          Mobile vehicle
                                             emissions    Mobile vehicle
              Budget years                  budget for       emissions
                                          direct PM-tons  budget for NOX-
                                             per year      tons per year
------------------------------------------------------------------------
2009....................................             257           8,448
2012....................................             199           6,273
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the 
Clean Air Act (CAA). EPA's conformity rule requires that transportation 
plans, transportation improvement programs, and projects conform to 
SIPs and establishes the criteria and procedures for determining 
whether or not they do. Conformity to a SIP means that transportation 
activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the national ambient air 
quality standards.
    The criteria by which we determine whether a SIP's MVEBs are 
adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). 
EPA described the process for determining the adequacy of submitted SIP 
budgets in a July 1, 2004 preamble starting at 69 FR 40038 and used the 
information in these resources in making this adequacy determination. 
Delaware did not provide emission budgets for sulfur dioxide 
(SO2), volatile organic compounds (VOCs), or ammonia for the 
Delaware portion of the Philadelphia-Wilmington-New Jersey 
nonattainment area because it concluded that emissions of these 
precursors from motor vehicles are not significant contributors to the 
area's PM2.5 air quality problem. The transportation 
conformity rule provision at 40 CFR 93.102(b)(2)(v) indicates that 
conformity does not apply for these precursors, due to the lack of 
MVEBs for these precursors and the State's conclusion that motor 
vehicle emissions of SO2, VOCs, and ammonia do not 
contribute significantly to the area's PM2.5 nonattainment 
problem. This provision of the transportation conformity rule predates 
and was not disturbed by the January 4, 2013 decision in the litigation 
on the PM2.5 implementation rule.\1\ EPA has preliminarily 
concluded that the State's decision to not include budgets for 
SO2, VOCs, and ammonia is consistent with the requirements 
of the transportation conformity rule. That decision does not affect 
EPA's adequacy finding for the submitted direct PM and NOX 
MVEBs for the Delaware portion of the Philadelphia-Wilmington-New 
Jersey nonattainment area.
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    \1\ EPA issued conformity regulations to implement the 1997 
PM2.5 NAAQS in July 2004 and May 2005 (69 FR 40004, July 
1, 2004 and 70 FR 24280, May 6, 2005, respectively). Those actions 
were not part of the final rule recently remanded to EPA by the 
Court of Appeals for the District of Columbia in NRDC v. EPA, No. 
08-1250 (Jan. 4, 2013), in which the Court remanded to EPA the 
implementation rule for the PM2.5 NAAQS because it 
concluded that EPA must implement that NAAQS pursuant to the PM-
specific implementation provisions of subpart 4 of Part D of Title I 
of the CAA, rather than solely under the general provisions of 
subpart 1.
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    Please note that an adequacy review is separate from EPA's 
completeness review, and should not be used to prejudge EPA's ultimate 
approval action for the SIP. Even if EPA finds a budget adequate, the 
SIP could later be disapproved. The finding and the response to 
comments are available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 25, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-29808 Filed 12-13-13; 8:45 am]
BILLING CODE 6560-50-P