[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Proposed Rules]
[Pages 76929-76932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31665]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0713; FRL-9504-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of 
Attainment of the 1997 8-Hour Ozone Standard for the Philadelphia-
Wilmington-Atlantic City Moderate Nonattainment Area and Withdrawal of 
Attainment Demonstration Proposed Disapprovals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and withdrawal of proposed rule.

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SUMMARY: EPA is proposing to make two determinations regarding the 
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone 
moderate nonattainment area (the Philadelphia Area). First, EPA is 
proposing to make a determination that the Philadelphia Area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). This proposed determination is based upon complete, quality 
assured, and certified ambient air monitoring data that show the area 
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2008-
2010 monitoring period. If this proposal is made final, the requirement 
for the Philadelphia Area to submit certain planning requirements 
related to the attainment of the 1997 8-hours ozone NAAQS shall be 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone NAAQS. Although these requirements are suspended, EPA is not 
precluded from acting upon these elements at any time if submitted to 
EPA for review and approval. Second, EPA is also proposing to determine 
that the Philadelphia Area has attained the 1997 8-hour ozone NAAQS by 
its attainment date of June 15, 2011. Finally, EPA is withdrawing the 
May 8, 2009 proposed disapprovals of the attainment demonstrations for 
the Philadelphia Area, based on the ambient air quality monitoring data 
demonstrating attainment. These actions are being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before January 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0713 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected]
    C. Mail: EPA-R03-OAR-2011-0713, Cristina Fernandez, Associate 
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0713. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's 
proposed action related to Delaware, Maryland or Pennsylvania, please 
contact Maria A. Pino (215) 814-2181, or by email at 
[email protected]. If you have questions concerning EPA's proposed 
action related to New Jersey, please contact Paul Truchan (212) 637-
4249, or by email at [email protected].

SUPPLEMENTARY INFORMATION: For detailed information regarding this 
proposal, EPA prepared a Technical Support Document (TSD). The TSD can 
be viewed at http://www.regulations.gov. The following outline is 
provided to aid in locating information in this action.

I. What is EPA proposing?
II. What Proposed Rule is EPA withdrawing?
III. What is the background for these actions?
IV. What are the effects of these proposed actions?
V. What is EPA's analysis of the relevant air quality data?
VI. Proposed Actions
VII. Withdrawal Action
VIII. Statutory and Executive Order Reviews

I. What is EPA proposing?

    Pursuant to sections 181(b)(2)(A) and 179(c) of the CAA, EPA is 
proposing to determine that the Philadelphia Area

[[Page 76930]]

attained the 1997 8-hour ozone NAAQS by its attainment date, June 15, 
2011. This proposed determination is based upon complete, quality 
assured, and certified ambient air monitoring data from 2008-2010 that 
show the area has monitored attainment of the 1997 8-hour ozone NAAQS 
during this monitoring period.
    EPA is also proposing to make a determination that the Philadelphia 
Area has attained the 1997 8-hour NAAQS. This proposed determination is 
based upon complete, quality assured, and certified ambient air 
monitoring data that show the area has monitored attainment of the 1997 
8-hour ozone NAAQS for the 2008-2010 monitoring period. Once this 
proposal becomes final, the requirement for this area to submit an 
attainment demonstration, reasonably available control measures (RACM), 
a reasonable further progress (RFP) plan, and contingency measures 
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended 
for so long as the area continues to attain the 1997 8-hour ozone 
NAAQS. Although these requirements are suspended, EPA is not precluded 
from acting upon these elements at any time if submitted to EPA for 
review and approval. The States of Delaware and Maryland, and the 
Commonwealth of Pennsylvania submitted these SIP elements for their 
portions of the Philadelphia Area to EPA for review and approval in 
June 2007. The State of New Jersey submitted these SIP elements for its 
portion of the Philadelphia Area to EPA for review and approval in 
October 2007.
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 parts per million (ppm). This action addresses 
only the 1997 8-hour ozone standard of 0.08 ppm, and does not address 
any subsequently revised 8-hour ozone standard.

II. What Proposed Rule is EPA withdrawing?

    On May 8, 2009, EPA proposed disapproval of Delaware's, Maryland's, 
New Jersey's and Pennsylvania's 8-hour ozone attainment demonstrations 
for the Philadelphia Area. See 74 FR 21599, 74 FR 21588, 74 FR 21578, 
and 74 FR 21604, respectively. Based on the monitored air quality data 
demonstrating attainment of the 1997 8-hour ozone NAAQS, EPA is 
withdrawing the May 8, 2009 proposed disapprovals of the attainment 
demonstrations. The Docket ID Numbers for the proposed disapprovals are 
EPA-R03-OAR-2008-0930, EPA-R03-OAR-2008-0929, EPA-R02-OAR-2008-0497, 
and EPA-R03-OAR-2008-0928, respectively.

III. What is the background for these actions?

A. The Philadelphia Area

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 ppm averaged over an 8-hour time frame. EPA set the 8-hour 
ozone standard based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower ozone concentrations and over 
longer periods of time, than was understood when the pre-existing 1-
hour ozone standard was set. EPA determined that the 8-hour standard 
would be more protective of human health, especially children and 
adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Philadelphia Area. The 
Philadelphia Area includes the entire State of Delaware; Cecil County 
in Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland, 
Gloucester, Mercer, Ocean, and Salem Counties in New Jersey; and Bucks, 
Chester, Delaware, Montgomery, and Philadelphia Counties in 
Pennsylvania. The Philadelphia Area was classified as a moderate 
nonattainment area. See 40 CFR 81.808, 81.321, 81.331, and 81.339.
    Moderate areas are required to attain the 1997 8-hour ozone NAAQS 
by no later than six years after designation, or June 15, 2010. See 40 
CFR 51.903. However, the Philadelphia Area qualified for a 1-year 
extension of its attainment date, based on the complete, certified 
ambient air quality data for the 2009 ozone season. On January 21, 
2011, EPA approved a 1-year extension of the Philadelphia Area's 
attainment date, from June 15, 2010 to June 15, 2011. See 76 FR 3838 
and 76 FR 3840.

B. Requirement To Determine Attainment by the Attainment Date

    Under CAA sections 179(c) and 181(b)(2), EPA is required to make a 
determination that a nonattainment area has attained by its attainment 
date, and publish that determination in the Federal Register. Under CAA 
section 181(b)(2), which is specific to ozone nonattainment areas, if 
EPA determines that an area failed to attain the ozone NAAQS by its 
attainment date, EPA is required to reclassify that area to a higher 
classification.

C. Clean Data Determination

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), if EPA issues a determination that an area is attaining the 
relevant standard (through a rulemaking that includes public notice and 
comment), it will suspend the area's obligations to submit an 
attainment demonstration, RACM, RFP, contingency measures, and other 
planning requirements related to attainment for as long as the area 
continues to attain. The determination of attainment is not equivalent 
to a redesignation. The state must still meet the statutory 
requirements for redesignation in order to be redesignated to 
attainment.

D. Ambient Air Quality Monitoring Data

    Complete, quality assured, certified 8-hour ozone air quality 
monitoring data for 2008 through 2010 show that the Philadelphia Area 
has attained the 1997 8-hour ozone NAAQS.

IV. What are the effects of these proposed actions?

    If finalized, the proposed actions will not constitute a 
redesignation to attainment under section 107(d)(3) of the CAA. The 
designation status of the Philadelphia Area will remain nonattainment 
for the 1997 8-hour ozone NAAQS until such time as EPA determines that 
the area meets the CAA requirements for redesignation to attainment, 
including an approved maintenance plan.

A. Proposed Determination of Attainment by the Attainment Date

    EPA is proposing to determine that the Philadelphia Area has 
attained the 1997 8-hour ozone NAAQS by its applicable attainment date 
of June 15, 2011. Once this determination of attainment is made final, 
EPA will have met its requirement pursuant to CAA sections 181(b)(2)(A) 
and 179(c) to determine, based on the area's air quality as of the 
attainment date, whether the area attained the standard by that date. 
The effect of a final determination of attainment by the area's 
attainment date will be to discharge EPA's obligation under CAA 
sections 181(b)(2)(A) and 179, and to establish that, in accordance 
with CAA section 181(b)(2)(A), the area will not be reclassified for 
failure to attain by its applicable attainment date.

B. Clean Data Determination

    EPA is proposing to determine that the Philadelphia Area is 
attaining the

[[Page 76931]]

1997 8-hour ozone NAAQS. Once EPA finalizes this determination of 
attainment, the CAA requirement for the Philadelphia Area to submit an 
attainment demonstration and the associated RFP plan, RFP contingency 
measure, RACM analysis, contingency measures, and any other planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS would be 
suspended for so long as the area continues to attain the 1997 8-hour 
ozone NAAQS.
    Although these requirements can be suspended with an approved clean 
data determination, EPA is not precluded from acting upon these 
elements, which were submitted to EPA in June and October of 2007 by 
the States of Delaware, Maryland, and New Jersey and the Commonwealth 
of Pennsylvania. In fact, EPA approved each state's RFP plans, RFP 
contingency measures, and RACM analyses for the Philadelphia Area in 
separate rulemaking actions. Therefore, these requirements have been 
fulfilled. EPA approved the RFP plans, RFP contingency measures, and 
RACM analyses from Delaware, Maryland, New Jersey, and Pennsylvania on 
April 8, 2010, June 11, 2010, May 15, 2009, and February 7, 2011, 
respectively. See 75 FR 17863, 75 FR 33172, 74 FR 22837, and 76 FR 
6559.
    The clean data determination will:
    (1) Suspend the requirements to submit an attainment demonstration, 
contingency measures for attainment, and any other planning SIPs 
related to attainment of the 1997 8-hour ozone NAAQS;
    (2) Continue until such time, if any, that EPA (i) redesignates the 
area to attainment at which time those requirements no longer apply, or 
(ii) subsequently determines that the area has violated the 1997 8-hour 
ozone NAAQS;
    (3) Be separate from, and not influence or otherwise affect, any 
future designation determination or requirements for the area based on 
any new or revised ozone NAAQS; and
    (4) Remain in effect regardless of whether EPA designates this area 
as a nonattainment area for purposes of any new or revised ozone NAAQS.

V. What is EPA's analysis of the relevant air quality data?

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air monitoring data for the monitoring 
period from 2008 through 2010 for the Philadelphia Area, as recorded in 
the EPA Air Quality System (AQS) database. On the basis of that review, 
EPA has concluded that this area attained the 1997 8-hour ozone NAAQS 
based on data for the 2008-2010 ozone seasons.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based 
on the rounding convention in 40 CFR part 50, appendix I). This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to 0.084 ppm at each monitoring site within the 
area, then the area is meeting the NAAQS.
    Also, the data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness as determined in 
appendix I of 40 CFR part 50.
    Table 1 shows the ozone design values for each monitor in the 
Philadelphia Area for the years 2008-2010. All 2008-2010 design values 
are below 0.084 ppm, and all monitors meet the data completeness 
requirements. Therefore, the Philadelphia Area has attained the 1997 8-
hour ozone NAAQS, considering 2008-2010 data.

                      Table 1--2008-2010 Philadelphia Area 1997 8-Hour Ozone Design Values
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                                                                                                    2008-2010
                                                                                  2008-2010     Average  percent
              State                        County                Site ID        Design value          data
                                                                                    (ppm)         completeness
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DE..............................  Kent....................       10-001-0002             0.074               100
                                  New Castle..............       10-003-1007             0.075                92
                                                                 10-003-1010             0.076                91
                                                                 10-003-1013             0.075                98
                                  Sussex..................       10-005-1002             0.077                99
                                  ........................       10-005-1003             0.077                97
MD..............................  Cecil...................       24-015-0003             0.080                94
NJ..............................  Atlantic................       34-001-0006             0.074                96
                                  Camden..................       34-007-1001             0.080                97
                                  Cumberland..............       34-011-0007             0.076                98
                                  Gloucester..............       34-015-0002             0.081                98
                                  Mercer..................       34-021-0005             0.078                98
                                  Ocean...................       34-029-0006             0.081                98
PA..............................  Bucks...................       42-017-0012             0.083                99
                                  Chester.................       42-029-0100             0.076                97
                                  Delaware................       42-045-0002             0.074                98
                                  Montgomery..............       42-091-0013             0.078                98
                                  Philadelphia............       42-101-0004             0.066                97
                                                                 42-101-0024             0.082                95
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EPA's review of the data indicates that the Philadelphia Area has met 
the 1997 8-hour ozone NAAQS. Additional information on air quality data 
for the Philadelphia Area can be found in the TSD.

VI. Proposed Action

    EPA is proposing to make two determinations regarding the 
Philadelphia Area. First, EPA is proposing to make a determination that 
the Philadelphia Area has attained the 1997 8-hour NAAQS. If EPA 
finalizes this determination, the requirements to submit an attainment 
demonstration, contingency measures for attainment, and any other 
planning requirements related to attainment of the 1997 8-hour ozone 
NAAQS will be suspended, as provided in 40 CFR section 51.918, so

[[Page 76932]]

long as the area continues to attain the 1997 8-hour ozone NAAQS. 
Second, pursuant to sections 179 and 181(b)(2)(A) of the CAA, EPA is 
proposing to determine that the Philadelphia Area has attained the 1997 
8-hour ozone NAAQS by its attainment date, June 15, 2011. These 
proposed determinations are based upon complete, quality assured, and 
certified ambient air monitoring data that show the area has monitored 
attainment of the 1997 8-hour ozone NAAQS for the 2008-2010 monitoring 
period. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

VII. Withdrawal Action

    Based on ambient air quality monitoring data that demonstrates 
attainment of the 1997 8-hour ozone NAAQS, EPA is withdrawing the May 
8, 2009 proposed disapprovals of Delaware's, Maryland's, New Jersey's, 
and Pennsylvania's 8-hour ozone attainment demonstrations for the 
Philadelphia Area. (74 FR 21599, 74 FR 21588, 74 FR 21578, and 74 FR 
21604)

VIII. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain Federal requirements, and would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed determination that the Philadelphia Area 
has attained the 1997 8-hour ozone NAAQS does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

     Dated: November 22, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-31665 Filed 12-8-11; 8:45 am]
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