Determination of Attainment by the Attainment Date for the 2008 Ozone Standard; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE Nonattainment Area, 18268-18272 [2017-07826]
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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
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DEPARTMENT OF HEALTH AND
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Food and Drug Administration
21 CFR Part 573
[Docket No. FDA–2017–F–0969]
Canadian Oilseed Processor
Association; Filing of Food Additive
Petition (Animal Use)
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Dated: April 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–07770 Filed 4–17–17; 8:45 am]
Notice of petition.
BILLING CODE 4164–01–P
The Food and Drug
Administration (FDA or we) is
announcing that the Canadian Oilseed
Processors Association has filed a
petition proposing that the food additive
regulations be amended to provide for
the safe use of spent bleaching clay as
a flow agent in canola meal for all
livestock and poultry species.
Additionally, the petition proposes that
the existing regulations be amended to
provide for the safe use of silicon
dioxide and diatomaceous earth for use
as components of spent beaching clay.
DATES: The food additive petition was
filed on December 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Chelsea Trull, Center for Veterinary
Medicine, Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–402–6729,
Chelsea.trull@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
Federal Food, Drug, and Cosmetic Act
(section 409(b)(5) (21 U.S.C. 348(b)(5)),
notice is given that a food additive
petition (FAP 2299) has been filed by
the Canadian Oilseed Processors
Association, 404–167 Lombard Ave.,
Winnipeg MB R3B 0T6, Canada. The
petition proposes to amend Title 21 of
the Code of Federal Regulations (CFR)
in part 573 Food Additives Permitted in
Feed and Drinking Water of Animals (21
CFR part 573) to provide for the safe use
of spent bleaching clay as a flow agent
in canola meal for all livestock and
poultry species. Additionally, the
submission proposes that the existing
regulations be amended to provide for
the safe use of silicon dioxide (21 CFR
573.940) and diatomaceous earth (21
CFR 573.340) for use as components of
spent beaching clay.
The petitioner has claimed that this
action is categorically excluded under
21 CFR 25.32(r) because it is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. In addition,
the petitioner has stated that, to their
knowledge, no extraordinary
sradovich on DSK3GMQ082PROD with PROPOSALS2
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0638; FRL–9960–02–
Region 3]
Determination of Attainment by the
Attainment Date for the 2008 Ozone
Standard; Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE marginal
ozone nonattainment area (the
Philadelphia Area) has attained the
2008 ozone national ambient air quality
standard (NAAQS) by the July 20, 2016
attainment date. This proposed
determination is based on complete,
certified, and quality assured ambient
air quality monitoring data for the
Philadelphia Area for the 2013–2015
monitoring period. This proposed
determination does not constitute a
redesignation to attainment. This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before May 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0638 at https://
www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
SUMMARY:
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confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Requirement—
Determination of Attainment by the
Attainment Date
Section 181(b)(2) of the CAA requires
EPA to determine, within 6 months of
an ozone nonattainment area’s
attainment date, whether that area
attained the ozone standard by that date.
Section 181(b)(2) of the CAA also
requires that areas that have not attained
the standard by their attainment
deadlines be reclassified to either the
next higher classification (e.g., marginal
to moderate, moderate to serious, etc.)
or to the classifications applicable to the
areas’ design values in Table 1 of 40
CFR 51.1103. CAA section 181(a)(5)
provides a mechanism by which the
EPA Administrator may grant a 1-year
extension of an area’s attainment
deadline, provided that the relevant
states meet certain criteria.
B. The Philadelphia Area and Its
Attainment Date
On July 18, 1997 at 62 FR 38855, EPA
promulgated a revised ozone NAAQS of
0.08 parts per million (ppm), averaged
over eight hours. This standard was
determined to be more protective of
public health than the previous 1979 1hour ozone standard. In 2008, EPA
revised the 8-hour ozone NAAQS from
0.08 to 0.075 ppm (the 2008 ozone
NAAQS). See 73 FR 16436 (March 27,
2008). In a May 21, 2012 final rule, the
Philadelphia Area was designated as
marginal nonattainment for the more
stringent 2008 ozone NAAQS, effective
on July 20, 2012. 77 FR 30088, 30143.
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The Philadelphia Area consists of
Bucks, Chester, Delaware, Montgomery
and Philadelphia Counties in
Pennsylvania; Atlantic, Burlington,
Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean and Salem
Counties in New Jersey; Cecil County,
Maryland; and New Castle County in
Delaware. See 40 CFR 81.331, 81.339,
81.321, and 81.308.1
In a separate rulemaking action, also
published on May 21, 2012 and effective
on July 20, 2012, EPA established the air
quality thresholds that define the
classifications assigned to all
nonattainment areas for the 2008 ozone
NAAQS (the Classifications Rule). See
77 FR 30160. This rule also established
December 31 of each relevant calendar
year as the attainment date for all
nonattainment area classification
categories. Section 181 of the CAA
provides that the attainment deadline
for ozone nonattainment areas is ‘‘as
expeditiously as practicable’’ but no
later than the prescribed dates provided
in Table 1 of that section. In the
Classifications Rule, EPA translated the
deadlines in Table 1 of CAA section 181
for purposes of the 2008 standard by
measuring those deadlines from the
effective date of the new designations,
but extended those deadlines by several
months to December 31 of the
corresponding calendar year. Pursuant
to a challenge of EPA’s interpretation of
the attainment deadlines, on December
23, 2014, the United States Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) issued a decision
rejecting, among other things, the
Classifications Rule’s attainment
deadlines for the 2008 ozone
nonattainment areas. NRDC v. EPA, 777
F.3d 456, 464– 69 (D.C. Cir. 2014). The
D.C. Circuit ruled that EPA did not have
statutory authority under the CAA to
extend those deadlines to the end of the
calendar year. Accordingly, as part of
the final rule, ‘‘Implementation of the
2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan (SIP)
Requirements,’’ for the 2008 ozone
NAAQS (80 FR 12264, March 6, 2015)
(hereinafter, SIP Requirements Rule),
EPA modified the maximum attainment
dates for all nonattainment areas for the
2008 ozone NAAQS, consistent with the
D.C. Circuit’s decision. The SIP
Requirements Rule established a
maximum deadline for marginal
nonattainment areas of three years from
the effective date of designation, or July
20, 2015, to attain the 2008 ozone
NAAQS. See 80 FR at 12268; 40 CFR
51.1103.
In a final rulemaking action published
on May 4, 2016, EPA determined that
the Philadelphia Area did not attain the
2008 ozone NAAQS by its July 20, 2015
attainment date, based on ambient air
quality monitoring data for the 2012
through 2014 monitoring period. In that
same action, EPA determined that the
Philadelphia Area qualified for a 1-year
extension of its attainment date, as
provided in section 181(a)(5) of the CAA
and interpreted by regulation at 40 CFR
51.1107, and granted the requested
extension. EPA established the new
attainment date for the Philadelphia
Area as July 20, 2016 to be based on
ambient air quality monitoring data for
the 2013–2015 monitoring period. See
81 FR 26697 (May 4, 2016).2
II. EPA’s Analysis of the Relevant Air
Quality Data
Under EPA regulations at 40 CFR part
50, appendix P, the 2008 ozone NAAQS
is attained at a monitoring site when the
three-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone concentration
is less than or equal to 0.075 ppm. This
three-year average is referred to as the
design value. When the design value is
less than or equal to 0.075 ppm at each
ambient air quality monitoring site
within the area, then the area is deemed
to be meeting the NAAQS. 40 CFR part
50, appendix P dictates that
concentrations shall be reported in ppm
to the third decimal place, with
additional digits to the right being
truncated. Thus, a computed three-year
average ozone concentration of 0.0759
ppm or lower would meet the standard,
but 0.0760 ppm or higher is over the
standard.
EPA’s proposed determination of
attainment for the Philadelphia Area is
based upon data that has been collected
and quality-assured in accordance with
40 CFR part 58 and recorded in EPA’s
Air Quality System (AQS) database.
Ambient air quality monitoring data for
the three-year period must also meet a
data completeness requirement. 40 CFR
part 50, appendix P. The ambient air
quality monitoring data completeness
requirement is met when the three-year
average of the percent (%) of required
monitoring days with valid ambient
monitoring data is greater than 90%,
and no single year has less than 75%
data completeness, as determined
according to 40 CFR part 50, appendix
P. Tables 1 and 2 show the data
completeness and ozone design values,
respectively, for each of the 18 monitors
in the Philadelphia Area for years 2013
through 2015.
TABLE 1—2013–2015 PHILADELPHIA AREA OZONE MONITOR DATA COMPLETENESS
Percent data completeness
State
County
2013
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Delaware .........
Maryland .........
New Jersey .....
New Jersey .....
New Jersey .....
New Jersey .....
New Jersey .....
New Castle .....
Cecil ................
Atlantic ............
Camden ..........
Camden ..........
Cumberland ....
Gloucester ......
100031007
100031010
100031013
100032004
240150003
340010006
340070002
340071001
340110007
340150002
1 In 2015, EPA revised the 8-hour ozone NAAQS
from 0.075 ppm to 0.070 ppm (the 2015 ozone
NAAQS). See 80 FR 65292 (October 26, 2015). The
initial area designations for the 2015 ozone NAAQS
are required by October 2017. Those designations
will be based on ambient air quality monitoring
data for the 2014–2016 monitoring period. This
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2013–2015
average
percent
completeness
Site ID
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2014
97
77
91
86
98
96
100
96
99
99
2015
94
74
99
83
95
99
100
100
100
84
proposed rulemaking action does not address the
2015 ozone NAAQS.
2 On July 5, 2016, the State of Delaware filed a
petition for review (the Petition) of that portion of
EPA’s May 4, 2016 final rule granting the
Philadelphia Area a 1-year extension of the 2008
ozone NAAQS attainment date, under CAA
PO 00000
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100
91
93
87
89
96
100
97
99
96
97
81
94
85
94
97
100
98
99
93
Comment
Incomplete a.
Incomplete a.
181(a)(5), 42 U.S.C. 7511(a)(5), from July 20, 2015,
to July 20, 2016. The Petition was filed in the U.S.
Court of Appeals for the District of Columbia
Circuit. See State of Delaware Department of
Natural Resources & Environmental Control v.
United States Environmental Protection Agency,
No. 16–1230.
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TABLE 1—2013–2015 PHILADELPHIA AREA OZONE MONITOR DATA COMPLETENESS—Continued
Percent data completeness
State
County
2013–2015
average
percent
completeness
Site ID
2013
2014
2015
New Jersey .....
New Jersey .....
New Jersey .....
Pennsylvania ...
Pennsylvania ...
Pennsylvania ...
Pennsylvania ...
Pennsylvania ...
Pennsylvania ...
Pennsylvania ...
Mercer .............
Mercer .............
Ocean .............
Bucks ..............
Chester ...........
Delaware ........
Montgomery ....
Philadelphia ....
Philadelphia ....
Philadelphia ....
340210005
340219991
340290006
420170012
420290100
420450002
420910013
421010004
421010024
421010048
100
92
100
100
100
100
100
100
97
6
100
100
100
99
94
98
99
98
94
93
99
99
100
96
97
96
99
100
100
98
100
97
100
98
97
98
99
99
97
66
Pennsylvania ...
Philadelphia ....
421011002
82
........................
........................
27
Comment
Site began operation
October 2013 b.
Site shut down in July
2013 b.
Notes:
a. Monitoring data at these sites does not meet completeness criteria set forth in 40 CFR part 50 Appendix P, section 2.3(b).
b. The monitoring site shutdowns and startups are included in the City of the Philadelphia’s Air Management Services (AMS) July 2013 Annual
Network Plan. AMS submitted the monitoring plan to EPA on July 1, 2013, and EPA approved it on December 10, 2013.
As shown in Table 1, two monitoring
sites in Philadelphia County do not
meet the completeness criteria set out in
40 CFR part 50, appendix P. However,
the reasons for the completeness issues
were the shutdown of one monitor and
startup of another monitor that were
approved by EPA in the City of
Philadelphia’s AMS July 2013 Annual
Network Plan. Because three years of
complete data is not possible at these
monitoring sites, EPA does not look for
valid design values at these sites.
Table 1 also shows that two monitors
in New Castle County, Delaware, AQS
ID # 100031010 (also known as the
‘‘Brandywine’’ monitor), and AQS ID #
100032004 (also known as the ‘‘MLK’’
monitor), which are maintained by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC), had insufficient data in the
2013 through 2015 period to meet the
data completeness requirements in 40
CFR part 50, appendix P. As stated
previously, the three-year average of the
percent of required monitoring days
with valid ambient monitoring data
must be greater than 90%, with no
single year having less than 75% data
completeness. The ozone season for the
Philadelphia Area 3 runs from April 1
through October 31. Therefore, a
complete ozone season for this area
contains 214 possible monitoring days,
with at least 160 days of valid ozone
season ambient monitoring data needed
to meet the 75% data completeness
requirement. Because of missed
monitoring days at the Brandywine and
MLK monitors (AQS ID # 100031010
and # 100032004), the design value for
these two monitors would not be
considered valid without further
measures being taken to meet the data
completeness requirements for these
two monitors. Therefore, EPA
conducted an analysis of the
meteorological data and a regression
analysis in order to meet the data
completeness requirements for the
Brandywine and MLK monitors. EPA
also conducted a substitution analysis
as a check on the validity of the
meteorological analysis and regression
analysis. Using these methods, EPA was
able to ‘‘add’’ enough ozone season days
for each of the two monitors to meet the
data completeness requirements of 40
CFR part 50, appendix P. Further detail
on the missing monitor data at these two
Delaware monitors and on the data
completeness analysis undertaken by
EPA for those monitors is provided in
the January 10, 2017 Technical Support
Document (TSD) prepared by EPA. This
TSD is included in the docket for this
rulemaking (EPA–R03–OAR–2016–
0638) and is also available online at
www.regulations.gov.
After ensuring data completeness for
those two Delaware monitors (AQS ID #
100031010 and # 100032004), EPA
reviewed the ozone ambient air quality
monitoring data for the monitoring
period from 2013 through 2015 for all
the monitors in the Philadelphia Area,
as recorded in the AQS database, in
accordance with the requirements of 40
CFR part 50. As shown in Table 2,
below, all 2013–2015 design values are
less than or equal to 0.075 ppm.
Therefore, EPA concludes the
Philadelphia Area has attained the 2008
ozone NAAQS by July 20, 2016 based
upon monitored ozone data for the 2013
through 2015 period in accordance with
requirements in 40 CFR part 50.
TABLE 2—2013–2015 PHILADELPHIA AREA 2008 OZONE DESIGN VALUES
4th highest daily maximum
State
County
Site ID
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2013
Delaware .............................
Maryland .............................
New Jersey .........................
New Castle .........................
Cecil ...................................
Atlantic ................................
100031007
100031010
100031013
100032004
240150003
340010006
2014
0.062
0.063
0.067
0.067
0.072
0.070
0.071
0.074
0.069
0.068
0.074
0.061
3 40 CFR part 58, appendix D specifies the
applicable ‘‘ozone season’’ for the Philadelphia
Area.
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2015
0.065
0.071
0.069
0.072
0.074
0.068
2013–2015
Design value
(ppm)
0.066
a 0.069
0.068
a 0.069
0.073
0.066
Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Proposed Rules
18271
TABLE 2—2013–2015 PHILADELPHIA AREA 2008 OZONE DESIGN VALUES—Continued
4th highest daily maximum
State
County
2014
2015
2013–2015
Design value
(ppm)
0.068
0.068
0.067
0.070
0.071
0.071
0.072
0.071
0.071
0.073
0.072
0.058
0.072
0.068
........................
0.079
0.072
0.068
0.076
0.073
0.075
0.075
0.082
0.068
0.074
0.073
0.057
0.079
0.078
........................
0.070
0.069
0.065
0.073
0.071
0.071
0.072
0.075
0.069
0.072
0.071
0.054
0.073
........................
........................
Site ID
2013
New Jersey .........................
New Jersey .........................
New Jersey .........................
New Jersey .........................
New Jersey .........................
New Jersey .........................
New Jersey .........................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Pennsylvania .......................
Camden ..............................
Camden ..............................
Cumberland ........................
Gloucester ..........................
Mercer ................................
Mercer ................................
Ocean .................................
Bucks ..................................
Chester ...............................
Delaware ............................
Montgomery .......................
Philadelphia ........................
Philadelphia ........................
Philadelphia ........................
Philadelphia ........................
340070002
340071001
340110007
340150002
340210005
340219991
340290006
420170012
420290100
420450002
420910013
421010004
421010024
421010048
421011002
0.065
0.068
0.061
0.073
0.070
0.069
0.070
0.073
0.068
0.069
0.069
0.047
0.068
0.036
0.071
Notes:
a. Monitoring data at these sites did not meet completeness criteria set forth in 40 CFR part 50 Appendix P 2.3(b) prior to EPA undertaking the
analyses set forth in the TSD.
EPA acknowledges that preliminary
2014 through 2016 ambient air quality
monitoring data, which has not been
quality assured or certified, shows
potential violations of the 2008 ozone
NAAQS in the Philadelphia Area.4
However, this does not affect EPA’s
proposed determination of attainment
by the attainment date for section
181(b)(2) of the CAA. This
determination for section 181(b)(2) is an
evaluation of the Philadelphia Area’s
design value as of its attainment date,
July 20, 2016, considering 2013–2015
ozone monitored data, and does not
consider air quality monitoring data
from any other monitoring period.
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III. Proposed Action
EPA evaluated ozone data from air
quality monitors in the Philadelphia
Area in order to determine the Area’s
attainment status under the 2008 ozone
NAAQS. State and local agencies
responsible for ozone air monitoring
networks supplied and quality assured
the data. All the monitoring sites in the
Philadelphia Area had design values
equal to or less than 0.075 ppm based
on the 2013 through 2015 monitoring
period. Considering that review, EPA
concludes that this area attained the
2008 ozone NAAQS based on complete,
quality assured and certified data for the
2013 through 2015 ozone seasons. Thus,
EPA proposes to determine, in
accordance with its statutory obligations
4 On January 19, 2017, EPA received an email
request from the Pennsylvania Department of
Environmental Protection (PADEP) requesting EPA
remove certain data from the PADEP Philadelphia
monitors based on exceptional events. EPA is
considering PADEP’s request related to monitoring
data for 2016, but has not taken further action at
this time.
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under section 181(b)(2)(A) of the CAA,
that the Philadelphia Area attained the
2008 ozone NAAQS by the applicable
attainment date of July 20, 2016. EPA’s
proposed determination is in
accordance with applicable regulatory
requirements under 81 FR 26697 (with
respect to issuance of the 1-year
extension of the attainment date for
Philadelphia Area) and with the related
provisions of the SIP Requirements Rule
(40 CFR 51.1103).
This proposed determination of
attainment does not constitute a
redesignation to attainment.
Redesignations require states to meet a
number of additional criteria, including
EPA approval of a state plan to maintain
the air quality standard for 10 years after
redesignation. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
This rulemaking action proposes to
make a determination of attainment of
the 2008 ozone NAAQS based on air
quality and, if finalized, would not
impose additional requirements. For
that reason, this proposed determination
of attainment:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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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 proposed rulemaking
to determine that the Philadelphia Area
attained the 2008 ozone NAAQS by its
July 20, 2016 attainment date does not
have tribal implications, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because this
proposed determination of attainment
does not apply in Indian country
located in the states and because EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
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Authority: 42 U.S.C. 7401 et seq.
Dated: March 2, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
Dated: March 1, 2017.
Catherine McCabe,
Acting Regional Administrator, Region II.
[FR Doc. 2017–07826 Filed 4–17–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0052; FRL–9961–50Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Major New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Commonwealth of
Virginia state implementation plan
(SIP). The revisions amend Virginia’s
major source New Source Review (NSR)
regulations to make them consistent
with the federal program. EPA is
proposing to approve these revisions to
the Virginia SIP in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before May 18, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0052 at https://
www.regulations.gov, or via email to
miller.linda@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
sradovich on DSK3GMQ082PROD with PROPOSALS2
SUMMARY:
VerDate Sep<11>2014
15:58 Apr 17, 2017
Jkt 241001
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
the preconstruction permit requirements
under VADEQ’s major NSR permit
program. The revision affects sources
subject to VADEQ’s Prevention of
Significant Deterioration (PSD) program,
which applies in areas which are in
attainment with (or unclassifiable for)
the NAAQS, as well as affecting sources
subject to its nonattainment NSR permit
program, applicable in areas not in
attainment with the NAAQS. By letter
dated March 1, 2017, VADEQ officially
withdrew a small and specific portion of
the October 16, 2015 submittal from
consideration for approval into the
Virginia SIP. A copy of the letter has
been included in the docket for this
action. Further discussion of the
withdrawal is provided in section II.A
of this notice.
I. Background
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference, Intergovernmental
relations, Reporting and recordkeeping
requirements.
II. Summary of SIP Revision and EPA
Analysis
Generally, the October 16, 2015 SIP
submittal revision (as amended March
1, 2017) (hereinafter referred to as the
2015 NSR SIP Revision) is intended to
make the Virginia Administrative Code
regulations at 9VAC5 consistent with
the federal NSR program at 40 CFR
51.165 and 51.166. The specific changes
to 9VAC5 are intended to: (1) Allow the
use of a 10-year lookback period to
calculate pre-change emissions for
sources other than electric utility steam
generating units (EGUs); (2) Allow the
use of different lookback periods for
different regulated NSR pollutants; (3)
Extend the effective period for
plantwide applicability limits (PALs) to
10 years; and, (4) Allow replacement
units to be treated as existing units, and
thus provide the ability to use baseline
actual and projected actual emissions
when determining applicability.
Additionally, there are a number of
minor changes which are strictly
administrative in nature, consisting of
small grammatical revisions, or renumbering. EPA is proposing to approve
VADEQ’s 2015 NSR SIP Revision as a
revision to the Virginia SIP because it
meets the federal requirements of 40
CFR 51.165 and 51.165, and CAA
sections 110(a) and 173. Additionally,
the revisions are in accordance with
section 110(l) of the CAA because they
will not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable CAA requirement.
The CAA’s NSR programs are
preconstruction review and permitting
programs applicable to new and
modified stationary sources of air
pollutants regulated under the CAA.
The NSR programs of the CAA include
a combination of air quality planning
and air pollution control technology
program requirements. Briefly, section
109 of the CAA requires EPA to
promulgate primary national ambient
air quality standards (NAAQS) to
protect public health and secondary
NAAQS to protect public welfare. Once
EPA sets those standards, states must
develop, adopt, and submit to EPA for
approval a SIP that contains emissions
limitations and other control measures
to attain and maintain the NAAQS.
Pursuant to section 110, each SIP is
required to contain a preconstruction
review program for the construction and
modification of any stationary source of
air pollution to assure that the NAAQS
are achieved and maintained; to protect
areas of clean air; to protect air qualityrelated values (such as visibility) in
national parks and other areas; to assure
that appropriate emissions controls are
applied; to maximize opportunities for
economic development consistent with
the preservation of clean air resources;
and, to ensure that any decision to
increase air pollution is made only after
full public consideration of the
consequences of the decision. Section
172 of the CAA requires a permit
program in areas which are not attaining
the NAAQS, and section 173 provides
the specific requirements for that permit
program.
On October 16, 2015, the Virginia
Department of Environmental Quality
(VADEQ), on behalf of the
Commonwealth of Virginia, submitted a
formal revision to the Virginia SIP. The
SIP revision consists of amendments to
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
A. Baseline Actual Emissions
NSR applicability is determined by
comparing the pre-change emissions of
the project to the post-change emissions
and determining whether the net
increase is ‘‘significant.’’ For new units,
pre-change (baseline) emissions are
E:\FR\FM\18APP1.SGM
18APP1
]]>Agencies
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Proposed Rules]
[Pages 18268-18272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07826]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0638; FRL-9960-02-Region 3]
Determination of Attainment by the Attainment Date for the 2008
Ozone Standard; Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
marginal ozone nonattainment area (the Philadelphia Area) has attained
the 2008 ozone national ambient air quality standard (NAAQS) by the
July 20, 2016 attainment date. This proposed determination is based on
complete, certified, and quality assured ambient air quality monitoring
data for the Philadelphia Area for the 2013-2015 monitoring period.
This proposed determination does not constitute a redesignation to
attainment. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 18, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0638 at https://www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Requirement--Determination of Attainment by the Attainment
Date
Section 181(b)(2) of the CAA requires EPA to determine, within 6
months of an ozone nonattainment area's attainment date, whether that
area attained the ozone standard by that date. Section 181(b)(2) of the
CAA also requires that areas that have not attained the standard by
their attainment deadlines be reclassified to either the next higher
classification (e.g., marginal to moderate, moderate to serious, etc.)
or to the classifications applicable to the areas' design values in
Table 1 of 40 CFR 51.1103. CAA section 181(a)(5) provides a mechanism
by which the EPA Administrator may grant a 1-year extension of an
area's attainment deadline, provided that the relevant states meet
certain criteria.
B. The Philadelphia Area and Its Attainment Date
On July 18, 1997 at 62 FR 38855, EPA promulgated a revised ozone
NAAQS of 0.08 parts per million (ppm), averaged over eight hours. This
standard was determined to be more protective of public health than the
previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm (the 2008 ozone NAAQS). See 73 FR
16436 (March 27, 2008). In a May 21, 2012 final rule, the Philadelphia
Area was designated as marginal nonattainment for the more stringent
2008 ozone NAAQS, effective on July 20, 2012. 77 FR 30088, 30143.
[[Page 18269]]
The Philadelphia Area consists of Bucks, Chester, Delaware, Montgomery
and Philadelphia Counties in Pennsylvania; Atlantic, Burlington,
Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean and Salem
Counties in New Jersey; Cecil County, Maryland; and New Castle County
in Delaware. See 40 CFR 81.331, 81.339, 81.321, and 81.308.\1\
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\1\ In 2015, EPA revised the 8-hour ozone NAAQS from 0.075 ppm
to 0.070 ppm (the 2015 ozone NAAQS). See 80 FR 65292 (October 26,
2015). The initial area designations for the 2015 ozone NAAQS are
required by October 2017. Those designations will be based on
ambient air quality monitoring data for the 2014-2016 monitoring
period. This proposed rulemaking action does not address the 2015
ozone NAAQS.
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In a separate rulemaking action, also published on May 21, 2012 and
effective on July 20, 2012, EPA established the air quality thresholds
that define the classifications assigned to all nonattainment areas for
the 2008 ozone NAAQS (the Classifications Rule). See 77 FR 30160. This
rule also established December 31 of each relevant calendar year as the
attainment date for all nonattainment area classification categories.
Section 181 of the CAA provides that the attainment deadline for ozone
nonattainment areas is ``as expeditiously as practicable'' but no later
than the prescribed dates provided in Table 1 of that section. In the
Classifications Rule, EPA translated the deadlines in Table 1 of CAA
section 181 for purposes of the 2008 standard by measuring those
deadlines from the effective date of the new designations, but extended
those deadlines by several months to December 31 of the corresponding
calendar year. Pursuant to a challenge of EPA's interpretation of the
attainment deadlines, on December 23, 2014, the United States Court of
Appeals for the District of Columbia Circuit (D.C. Circuit) issued a
decision rejecting, among other things, the Classifications Rule's
attainment deadlines for the 2008 ozone nonattainment areas. NRDC v.
EPA, 777 F.3d 456, 464- 69 (D.C. Cir. 2014). The D.C. Circuit ruled
that EPA did not have statutory authority under the CAA to extend those
deadlines to the end of the calendar year. Accordingly, as part of the
final rule, ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan (SIP) Requirements,''
for the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) (hereinafter, SIP
Requirements Rule), EPA modified the maximum attainment dates for all
nonattainment areas for the 2008 ozone NAAQS, consistent with the D.C.
Circuit's decision. The SIP Requirements Rule established a maximum
deadline for marginal nonattainment areas of three years from the
effective date of designation, or July 20, 2015, to attain the 2008
ozone NAAQS. See 80 FR at 12268; 40 CFR 51.1103.
In a final rulemaking action published on May 4, 2016, EPA
determined that the Philadelphia Area did not attain the 2008 ozone
NAAQS by its July 20, 2015 attainment date, based on ambient air
quality monitoring data for the 2012 through 2014 monitoring period. In
that same action, EPA determined that the Philadelphia Area qualified
for a 1-year extension of its attainment date, as provided in section
181(a)(5) of the CAA and interpreted by regulation at 40 CFR 51.1107,
and granted the requested extension. EPA established the new attainment
date for the Philadelphia Area as July 20, 2016 to be based on ambient
air quality monitoring data for the 2013-2015 monitoring period. See 81
FR 26697 (May 4, 2016).\2\
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\2\ On July 5, 2016, the State of Delaware filed a petition for
review (the Petition) of that portion of EPA's May 4, 2016 final
rule granting the Philadelphia Area a 1-year extension of the 2008
ozone NAAQS attainment date, under CAA 181(a)(5), 42 U.S.C.
7511(a)(5), from July 20, 2015, to July 20, 2016. The Petition was
filed in the U.S. Court of Appeals for the District of Columbia
Circuit. See State of Delaware Department of Natural Resources &
Environmental Control v. United States Environmental Protection
Agency, No. 16-1230.
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II. EPA's Analysis of the Relevant Air Quality Data
Under EPA regulations at 40 CFR part 50, appendix P, the 2008 ozone
NAAQS is attained at a monitoring site when the three-year average of
the annual fourth highest daily maximum 8-hour average ambient air
quality ozone concentration is less than or equal to 0.075 ppm. This
three-year average is referred to as the design value. When the design
value is less than or equal to 0.075 ppm at each ambient air quality
monitoring site within the area, then the area is deemed to be meeting
the NAAQS. 40 CFR part 50, appendix P dictates that concentrations
shall be reported in ppm to the third decimal place, with additional
digits to the right being truncated. Thus, a computed three-year
average ozone concentration of 0.0759 ppm or lower would meet the
standard, but 0.0760 ppm or higher is over the standard.
EPA's proposed determination of attainment for the Philadelphia
Area is based upon data that has been collected and quality-assured in
accordance with 40 CFR part 58 and recorded in EPA's Air Quality System
(AQS) database. Ambient air quality monitoring data for the three-year
period must also meet a data completeness requirement. 40 CFR part 50,
appendix P. The ambient air quality monitoring data completeness
requirement is met when the three-year average of the percent (%) of
required monitoring days with valid ambient monitoring data is greater
than 90%, and no single year has less than 75% data completeness, as
determined according to 40 CFR part 50, appendix P. Tables 1 and 2 show
the data completeness and ozone design values, respectively, for each
of the 18 monitors in the Philadelphia Area for years 2013 through
2015.
Table 1--2013-2015 Philadelphia Area Ozone Monitor Data Completeness
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Percent data completeness 2013-2015
------------------------------------------------ average
State County Site ID percent Comment
2013 2014 2015 completeness
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Delaware................................. New Castle.................. 100031007 97 94 100 97 .......................................
100031010 77 74 91 81 Incomplete \a\.
100031013 91 99 93 94 .......................................
100032004 86 83 87 85 Incomplete \a\.
Maryland................................. Cecil....................... 240150003 98 95 89 94 .......................................
New Jersey............................... Atlantic.................... 340010006 96 99 96 97 .......................................
New Jersey............................... Camden...................... 340070002 100 100 100 100 .......................................
New Jersey............................... Camden...................... 340071001 96 100 97 98 .......................................
New Jersey............................... Cumberland.................. 340110007 99 100 99 99 .......................................
New Jersey............................... Gloucester.................. 340150002 99 84 96 93 .......................................
[[Page 18270]]
New Jersey............................... Mercer...................... 340210005 100 100 99 100 .......................................
New Jersey............................... Mercer...................... 340219991 92 100 99 97 .......................................
New Jersey............................... Ocean....................... 340290006 100 100 100 100 .......................................
Pennsylvania............................. Bucks....................... 420170012 100 99 96 98 .......................................
Pennsylvania............................. Chester..................... 420290100 100 94 97 97 .......................................
Pennsylvania............................. Delaware.................... 420450002 100 98 96 98 .......................................
Pennsylvania............................. Montgomery.................. 420910013 100 99 99 99 .......................................
Pennsylvania............................. Philadelphia................ 421010004 100 98 100 99 .......................................
Pennsylvania............................. Philadelphia................ 421010024 97 94 100 97 .......................................
Pennsylvania............................. Philadelphia................ 421010048 6 93 98 66 Site began operation October 2013 \b\.
Pennsylvania............................. Philadelphia................ 421011002 82 .............. .............. 27 Site shut down in July 2013 \b\.
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Notes:
a. Monitoring data at these sites does not meet completeness criteria set forth in 40 CFR part 50 Appendix P, section 2.3(b).
b. The monitoring site shutdowns and startups are included in the City of the Philadelphia's Air Management Services (AMS) July 2013 Annual Network Plan. AMS submitted the monitoring plan to
EPA on July 1, 2013, and EPA approved it on December 10, 2013.
As shown in Table 1, two monitoring sites in Philadelphia County do
not meet the completeness criteria set out in 40 CFR part 50, appendix
P. However, the reasons for the completeness issues were the shutdown
of one monitor and startup of another monitor that were approved by EPA
in the City of Philadelphia's AMS July 2013 Annual Network Plan.
Because three years of complete data is not possible at these
monitoring sites, EPA does not look for valid design values at these
sites.
Table 1 also shows that two monitors in New Castle County,
Delaware, AQS ID # 100031010 (also known as the ``Brandywine''
monitor), and AQS ID # 100032004 (also known as the ``MLK'' monitor),
which are maintained by the Delaware Department of Natural Resources
and Environmental Control (DNREC), had insufficient data in the 2013
through 2015 period to meet the data completeness requirements in 40
CFR part 50, appendix P. As stated previously, the three-year average
of the percent of required monitoring days with valid ambient
monitoring data must be greater than 90%, with no single year having
less than 75% data completeness. The ozone season for the Philadelphia
Area \3\ runs from April 1 through October 31. Therefore, a complete
ozone season for this area contains 214 possible monitoring days, with
at least 160 days of valid ozone season ambient monitoring data needed
to meet the 75% data completeness requirement. Because of missed
monitoring days at the Brandywine and MLK monitors (AQS ID # 100031010
and # 100032004), the design value for these two monitors would not be
considered valid without further measures being taken to meet the data
completeness requirements for these two monitors. Therefore, EPA
conducted an analysis of the meteorological data and a regression
analysis in order to meet the data completeness requirements for the
Brandywine and MLK monitors. EPA also conducted a substitution analysis
as a check on the validity of the meteorological analysis and
regression analysis. Using these methods, EPA was able to ``add''
enough ozone season days for each of the two monitors to meet the data
completeness requirements of 40 CFR part 50, appendix P. Further detail
on the missing monitor data at these two Delaware monitors and on the
data completeness analysis undertaken by EPA for those monitors is
provided in the January 10, 2017 Technical Support Document (TSD)
prepared by EPA. This TSD is included in the docket for this rulemaking
(EPA-R03-OAR-2016-0638) and is also available online at
www.regulations.gov.
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\3\ 40 CFR part 58, appendix D specifies the applicable ``ozone
season'' for the Philadelphia Area.
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After ensuring data completeness for those two Delaware monitors
(AQS ID # 100031010 and # 100032004), EPA reviewed the ozone ambient
air quality monitoring data for the monitoring period from 2013 through
2015 for all the monitors in the Philadelphia Area, as recorded in the
AQS database, in accordance with the requirements of 40 CFR part 50. As
shown in Table 2, below, all 2013-2015 design values are less than or
equal to 0.075 ppm. Therefore, EPA concludes the Philadelphia Area has
attained the 2008 ozone NAAQS by July 20, 2016 based upon monitored
ozone data for the 2013 through 2015 period in accordance with
requirements in 40 CFR part 50.
Table 2--2013-2015 Philadelphia Area 2008 Ozone Design Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
4th highest daily maximum 2013-2015
State County Site ID ------------------------------------------------ Design value
2013 2014 2015 (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware.................................. New Castle.................. 100031007 0.062 0.071 0.065 0.066
100031010 0.063 0.074 0.071 \a\ 0.069
100031013 0.067 0.069 0.069 0.068
100032004 0.067 0.068 0.072 \a\ 0.069
Maryland.................................. Cecil....................... 240150003 0.072 0.074 0.074 0.073
New Jersey................................ Atlantic.................... 340010006 0.070 0.061 0.068 0.066
[[Page 18271]]
New Jersey................................ Camden...................... 340070002 0.065 0.068 0.079 0.070
New Jersey................................ Camden...................... 340071001 0.068 0.068 0.072 0.069
New Jersey................................ Cumberland.................. 340110007 0.061 0.067 0.068 0.065
New Jersey................................ Gloucester.................. 340150002 0.073 0.070 0.076 0.073
New Jersey................................ Mercer...................... 340210005 0.070 0.071 0.073 0.071
New Jersey................................ Mercer...................... 340219991 0.069 0.071 0.075 0.071
New Jersey................................ Ocean....................... 340290006 0.070 0.072 0.075 0.072
Pennsylvania.............................. Bucks....................... 420170012 0.073 0.071 0.082 0.075
Pennsylvania.............................. Chester..................... 420290100 0.068 0.071 0.068 0.069
Pennsylvania.............................. Delaware.................... 420450002 0.069 0.073 0.074 0.072
Pennsylvania.............................. Montgomery.................. 420910013 0.069 0.072 0.073 0.071
Pennsylvania.............................. Philadelphia................ 421010004 0.047 0.058 0.057 0.054
Pennsylvania.............................. Philadelphia................ 421010024 0.068 0.072 0.079 0.073
Pennsylvania.............................. Philadelphia................ 421010048 0.036 0.068 0.078 ..............
Pennsylvania.............................. Philadelphia................ 421011002 0.071 .............. .............. ..............
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Notes:
a. Monitoring data at these sites did not meet completeness criteria set forth in 40 CFR part 50 Appendix P 2.3(b) prior to EPA undertaking the analyses
set forth in the TSD.
EPA acknowledges that preliminary 2014 through 2016 ambient air
quality monitoring data, which has not been quality assured or
certified, shows potential violations of the 2008 ozone NAAQS in the
Philadelphia Area.\4\ However, this does not affect EPA's proposed
determination of attainment by the attainment date for section
181(b)(2) of the CAA. This determination for section 181(b)(2) is an
evaluation of the Philadelphia Area's design value as of its attainment
date, July 20, 2016, considering 2013-2015 ozone monitored data, and
does not consider air quality monitoring data from any other monitoring
period.
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\4\ On January 19, 2017, EPA received an email request from the
Pennsylvania Department of Environmental Protection (PADEP)
requesting EPA remove certain data from the PADEP Philadelphia
monitors based on exceptional events. EPA is considering PADEP's
request related to monitoring data for 2016, but has not taken
further action at this time.
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III. Proposed Action
EPA evaluated ozone data from air quality monitors in the
Philadelphia Area in order to determine the Area's attainment status
under the 2008 ozone NAAQS. State and local agencies responsible for
ozone air monitoring networks supplied and quality assured the data.
All the monitoring sites in the Philadelphia Area had design values
equal to or less than 0.075 ppm based on the 2013 through 2015
monitoring period. Considering that review, EPA concludes that this
area attained the 2008 ozone NAAQS based on complete, quality assured
and certified data for the 2013 through 2015 ozone seasons. Thus, EPA
proposes to determine, in accordance with its statutory obligations
under section 181(b)(2)(A) of the CAA, that the Philadelphia Area
attained the 2008 ozone NAAQS by the applicable attainment date of July
20, 2016. EPA's proposed determination is in accordance with applicable
regulatory requirements under 81 FR 26697 (with respect to issuance of
the 1-year extension of the attainment date for Philadelphia Area) and
with the related provisions of the SIP Requirements Rule (40 CFR
51.1103).
This proposed determination of attainment does not constitute a
redesignation to attainment. Redesignations require states to meet a
number of additional criteria, including EPA approval of a state plan
to maintain the air quality standard for 10 years after redesignation.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
This rulemaking action proposes to make a determination of
attainment of the 2008 ozone NAAQS based on air quality and, if
finalized, would not impose additional requirements. For that reason,
this proposed determination of attainment:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 proposed rulemaking to determine that the
Philadelphia Area attained the 2008 ozone NAAQS by its July 20, 2016
attainment date does not have tribal implications, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because this
proposed determination of attainment does not apply in Indian country
located in the states and because EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
[[Page 18272]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 2, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
Dated: March 1, 2017.
Catherine McCabe,
Acting Regional Administrator, Region II.
[FR Doc. 2017-07826 Filed 4-17-17; 8:45 am]
BILLING CODE 6560-50-P
