[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Rules and Regulations]
[Pages 3838-3840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1260]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R02-OAR-2010-0688, FRL-9255-5]


Approval and Promulgation of One-Year Extension for Attaining the 
1997 8-Hour Ozone Standard for the New Jersey Portion of the 
Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving an extension from June 15, 2010 to June 15, 
2011 of the applicable attainment date for the New Jersey portion of 
the Philadelphia-Wilmington-Atlantic City 1997 8-hour ozone 
nonattainment area (Philadelphia Area), which is classified as moderate 
nonattainment for the 1997 8-hour ozone national ambient air quality 
standard (NAAQS). This extension is based in part on complete, quality-
assured air quality data recorded during the 2009 ozone season. In 
accordance with requirements for a 1-year extension, the Philadelphia 
Area's 4th highest daily 8-hour monitored ozone value during the 2009 
ozone season at each monitor in the area is less than 0.084 parts per 
million (ppm). EPA is revising the table with regard to the 8-hour 
ozone attainment date for the New Jersey portion of the Philadelphia 
Area.

DATES: Effective Date: This rule is effective on February 22, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2010-0688. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., 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 at the Environmental 
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. This Docket Facility is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The Docket telephone number is 212-637-4249.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 23, 2010, the State of New Jersey requested a one-year 
attainment date extension for the Philadelphia Area. The Philadelphia 
Area, which is classified as moderate for the 1997 8-hour ozone 
National Ambient Air Quality Standards (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 Clean Air Act 
(CAA), is June 15, 2010. New Jersey requested that the attainment date 
be extended to June 15, 2011.
    On November 9, 2010 (75 FR 68733), EPA proposed to approve New 
Jersey's request based upon:
    (1) New Jersey has complied with all requirements and commitments 
pertaining to the area in the applicable ozone implementation plan. New 
Jersey's applicable ozone implementation plan can be found at 40 CFR 
52.1570; and
    (2) The maximum 4th highest daily 8-hour monitored value at any 
monitoring site in the Philadelphia area during the 2009 ozone season 
was 0.074 ppm, which is below the 0.084 ppm criteria.

II. Comments

    EPA received one comment in response to the proposal which 
supported the decision to approve an attainment date extension.

III. Final Action

    Pursuant to CAA section 181(a) and 40 CFR 51.907, EPA is approving 
an attainment date extension from June 15, 2010 to June 15, 2011 for 
the New Jersey portion of the Philadelphia Area, which is classified as 
moderate for the 1997 8-hour ozone NAAQS. The table in 40 CFR 81.331 
will be modified to reflect EPA's approval of New Jersey's

[[Page 3839]]

attainment date extension request. The table is entitled ``New Jersey--
Ozone (8-Hour Standard).''

IV. Statutory and Executive Order Reviews

    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 finds that an area has qualified for a one-year extension 
of the attainment date of a previously established NAAQS, and imposes 
no additional requirements. 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 does not impose any 
additional enforceable duties, 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 an area 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.
    EPA has determined that this 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 New Jersey portion of the 
Philadelphia-Wilmington-Atlantic City area, which is classified as 
moderate nonattainment for the 1997 8-hour ozone standard. See 69 FR 
23909 (April 30 2004). Additionally, if the Philadelphia-Wilmington-
Atlantic City Area were not granted an extension of its attainment 
date, EPA's recourse would be to initiate a reclassification of the 
Philadelphia-Wilmington-Atlantic City Area from its current 
classification of moderate nonattainment to serious nonattainment, 
pursuant to section 181(b)(2) of the CAA. Because the Philadelphia-
Wilmington-Atlantic City area was formerly a severe nonattainment area 
under the revoked 1-hour ozone standard (see, 56 FR 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 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-Wilmington-Atlantic City area through a 
181(b)(2) reclassification. The extension of the attainment deadline 
for the 1997 8-hour ozone NAAQS does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    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).
    Under section 307(b)(1) of the Clean Air Act, 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 action 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.

    Dated: January 10, 2011.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 81, chapter I, title 40 of the Code of Federal Regulations 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.  81.331 the table entitled ``New Jersey--Ozone (8-Hour 
Standard)'' revise the entry for ``Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE'' to read as follows:


Sec.  81.331  New Jersey.

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[[Page 3840]]



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                                                            Designation \a\                                      Category/classification
            Designated area             ----------------------------------------------------------------------------------------------------------------
                                           Date \1\                     Type                      Date \1\                       Type
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                                                                      * * * * * * *
Philadelphia-Wilmington-Atlantic City,
 PA-NJ-MD-DE:
    Atlantic County....................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Burlington County..................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Camden County......................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Cape May County....................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Cumberland County..................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Gloucester County..................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Mercer County......................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Ocean County.......................  ...........  Nonattainment...........................  ...........  Subpart 2/Moderate.\2\
    Salem 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.

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[FR Doc. 2011-1260 Filed 1-20-11; 8:45 am]
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