[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Rules and Regulations]
[Pages 3840-3843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1262]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2010-0574; FRL-9251-7]
Approval of One-Year Extension for Attaining the 1997 8-Hour
Ozone Standard for the Delaware, Maryland, and Pennsylvania Portions of
the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is extending the attainment date from June 15, 2010 to
June 15, 2011 for the Delaware, Maryland, and Pennsylvania portions of
the Philadelphia-Wilmington-Atlantic City nonattainment area
(Philadelphia Area), which is classified as moderate for the 1997 8-
hour ozone national ambient air quality standard (NAAQS). This
extension is based in part on air quality data recorded during the 2009
ozone season. Specifically, the Philadelphia Area's 4th highest daily
8-hour monitored ozone value during the 2009 ozone season is 0.084
parts per million (ppm) or less. Accordingly, EPA is revising the
tables concerning the 8-hour ozone attainment dates for the
Philadelphia Area in the States of Delaware and Maryland, and the
Commonwealth of Pennsylvania (the States). EPA is approving the
extension of the attainment date for the Delaware, Maryland, and
Pennsylvania portions of the Philadelphia Area in accordance with the
requirements of the Clean Air Act (CAA). EPA is approving the extension
of the attainment date for the New Jersey portion of the Philadelphia
Area in a separate rulemaking in this Federal Register.
DATES: Effective Date: This final rule is effective on February 22,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0574. All documents in the docket are listed in
the http://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 http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Delaware Department of Natural Resources and Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover, Delaware 19903; the Maryland
Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, Maryland 21230; and the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Maria Pino, (215) 814-2181, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 9, 2010 (75 FR 68736), EPA published a notice of
proposed rulemaking (NPR) for the States. The NPR proposed approval of
requests made by the States for a one-year attainment date extension
for the Philadelphia Area. The Philadelphia Area, which is classified
as moderate for the 1997 8-hour ozone NAAQS, consists of: Cecil County
in Maryland; Bucks, Chester, Delaware, Montgomery and Philadelphia
Counties in Pennsylvania; the entire State of Delaware; and Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean,
and Salem Counties in New Jersey. Since this area was classified as a
moderate ozone nonattainment area, the statutory ozone attainment date,
as prescribed by section 181(a) of the CAA, is June 15, 2010. The
States requested that the attainment date be extended to June 15, 2011.
As previously stated, EPA is approving the extension of the attainment
date for the New Jersey portion of the Philadelphia Area in a separate
rulemaking notice in this Federal Register.
Section 172(a)(2)(C) of subpart 1 of the CAA provides for EPA to
extend the attainment date for an area by one year if the State has
complied with all the requirements and commitments pertaining to the
area in the applicable implementation plan and no more than a minimal
number of exceedances of the NAAQS has occurred in the attainment year.
Up to two one-year extensions may be issued for a single nonattainment
area. Section 181(a)(5) of subpart 2 contains a similar provision for
the ozone NAAQS, but instead of providing for an extension where there
has been a ``minimal'' number of exceedances, it allows an extension
only if there is no more than one exceedance of the NAAQS in the year
preceeding the extension year. However, the language in section
181(a)(5) reflects the form of the 1-hour ozone NAAQS and not the 1997
8-hour ozone NAAQS. 40 CFR 51.907 sets forth how sections
[[Page 3841]]
172(a)(2)(C) and 181(a)(5) apply to an area subject to the 1997 8-hour
ozone NAAQS.
EPA has determined that the requirements for a one-year extension
of the attainment date, as set out under 40 CFR 51.907, have been
fulfilled as follows:
(1) The States have complied with all requirements and commitments
pertaining to the area in the applicable ozone implementation plan. The
applicable ozone implementation plans can be found at 40 CFR 52.420, 40
CFR 52.1070, 40 CFR 52.2020, for the States of Delaware, Maryland, and
Pennsylvania, respectively; and
(2) the Philadelphia Area's 4th highest daily 8-hour monitored
value during the 2009 ozone season is 0.084 ppm or less.
Therefore, EPA approves the States' attainment date extension
requests for the Delaware, Maryland, and Pennsylvania portions of the
Philadelphia Area. As a result, the charts in 40 CFR 81.308, 40 CFR
81.321, and 40 CFR 81.339 are being modified to reflect EPA's approval
of the States' attainment date extension request. Those charts are
entitled ``Delaware-Ozone (8-Hour Standard)'', ``Maryland-Ozone (8-Hour
Standard)'', and ``Pennsylvania-Ozone (8-Hour Standard)'',
respectively.
In the Technical Support Document (TSD) for this action, EPA
evaluates the air quality monitoring data for the Philadelphia Area.
For details, please refer to EPA's TSD. Other specific requirements for
an attainment date extension and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
II. Final Action
EPA is approving a 1-year attainment date extension, from June 15,
2010 to June 15, 2011, for the Delaware, Maryland, and Pennsylvania
portions of the Philadelphia Area, which is classified as moderate for
the 1997 8-hour ozone NAAQS.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely determines that each of two areas has attained a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
This rule does not involve establishment of technical standards,
and thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order.
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low income
populations in the United States.
EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The rulemaking does not affect the level of protection
provided to human health or the environment because extending the
attainment date does not alter the emission reduction measures that are
required to be implemented in the Philadelphia Area, which is
classified as moderate nonattainment for the 1997 8-hour ozone
standard. See 69 FR at 23909 (April 30 2004). Additionally, if the
Philadelphia Area were not granted an extension of its attainment date,
EPA's recourse would be to initiate a reclassification of the
Philadelphia Area from its current classification of moderate
nonattainment to serious nonattainment, pursuant to section 181(b)(2)
of the CAA. Because the Philadelphia Area was formerly a severe
nonattainment area under the revoked 1-hour ozone standard (see 56 FR
at 56773, November 6, 1991), it is required to continue to implement
severe area requirements pursuant to EPA's interpretation of ``anti-
backsliding'' provision of section 172(e) of the CAA. See 69 FR at
23973, April 30, 2004, South Coast Air Quality Management District v.
EPA, 472 F.3d 882 (D.C. Cir. 2006), modified and rehearing den., 489
F.3d 1245 (D.C. Cir. 2007). The severe area requirements are more
stringent than both the moderate and serious area requirements set
forth in Title I, Part D, Subpart 2 of the CAA. Therefore, even if EPA
were to not grant the attainment date extension and instead move to
reclassify the area to serious nonattainment, no additional emission
reduction measures would be required to be implemented in the
Philadelphia Area through a 181(b)(2) reclassification. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
[[Page 3842]]
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 March 22, 2011. 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 1-year attainment date extension for the 1997 8-hour ozone
NAAQS for the Delaware, Maryland, and Pennsylvania portions of 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 4, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.308, the table entitled ``Delaware--Ozone (8-Hour
Standard)'' is revised to read as follows:
Sec. 81.308 Delaware.
* * * * *
Delaware--Ozone
[8-Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Philadelphia-Wilmington-Atlantic
Ci, PA-NJ-MD-DE:
Kent County.................. .................. Nonattainment..... .................. Subpart 2/
Moderate.\2\
New Castle County............ .................. Nonattainment..... .................. Subpart 2/
Moderate.\2\
Sussex County................ .................. Nonattainment..... .................. Subpart 2/
Moderate.\2\
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Attainment date extended to June 15, 2011.
* * * * *
0
3. In Sec. 81.321, the table entitled ``Maryland--Ozone (8-Hour
Standard)'' is amended by revising the entry for Philadelphia-Wilmin-
Atlantic Ci, PA-NJ-MD-DE (Cecil County) to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland--Ozone
[8-Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Philadelphia-Wilmin-Atlantic Ci,
PA-NJ-MD-DE:
Cecil County................. .................. Nonattainment..... .................. Subpart 2/
Moderate.\4\
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 15, 2008.
\3\ November 22, 2004.
\4\ Attainment date extended to June 15, 2011.
* * * * *
0
4. In Sec. 81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE (Bucks County, Chester County,
Delaware County, Montgomery County, Philadelphia County) to read as
follows:
Sec. 81.339 Pennsylvania.
* * * * *
[[Page 3843]]
Pennsylvania--Ozone
[8-Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE:
Bucks County................. .................. Nonattainment..... .................. Subpart 2/
Moderate.\3\
Chester County............... .................. Nonattainment..... .................. Subpart 2/
Moderate.\3\
Delaware County.............. .................. Nonattainment..... .................. Subpart 2/
Moderate.\3\
Montgomery County............ .................. Nonattainment..... .................. Subpart 2/
Moderate.\3\
Philadelphia County.......... .................. Nonattainment..... .................. Subpart 2/
Moderate.\3\
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ November 22, 2004.
\3\ Attainment date extended to June 15, 2011.
* * * * *
[FR Doc. 2011-1262 Filed 1-20-11; 8:45 am]
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