[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3147-3152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1089]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0714; FRL-9620-3]


 Approval and Promulgation of Air Quality Implementation Plans; 
Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of 
the 1997 Annual Fine Particulate Standard for the Philadelphia-
Wilmington Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to make two determinations 
regarding the Philadelphia-Wilmington fine particulate 
(PM2.5) nonattainment area (the Philadelphia Area). First, 
EPA is making a determination that the Philadelphia Area has attained 
the 1997 annual PM2.5 national ambient air quality standard 
(NAAQS) by its attainment date of April 5, 2010. This determination is 
based upon quality assured and certified ambient air monitoring data 
that show the area has monitored attainment of the 1997 annual 
PM2.5 NAAQS for the 2007-2009 monitoring period. Second, EPA 
is making a clean data determination, finding that the Philadelphia 
Area has attained the 1997 PM2.5 NAAQS, based on quality 
assured and certified ambient air monitoring data for the 2007-2009 and 
2008-2010 monitoring periods. In accordance with EPA's applicable 
PM2.5 implementation rule, this determination suspends the 
requirement for the Philadelphia 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 annual PM2.5 NAAQS for so 
long as the area continues to attain the 1997 annual PM2.5 
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. These actions are being taken under the Clean Air 
Act (CAA).

DATES: This rule is effective on March 23, 2012 without further notice, 
unless EPA receives adverse written comment by February 22, 2012. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0714 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2011-0714, Cristina Fernandez, Associate 
Director, Office of Air Program 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-
2011-0714. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 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 
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

[[Page 3148]]

form. Publicly available docket materials are available either 
electronically in 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 
action related to Delaware or Pennsylvania, please contact Maria A. 
Pino, (215) 814-2181, or by email at [email protected]. If you have 
questions concerning EPA's action related to New Jersey, please contact 
Henry Feingersh, (212) 637-3382, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: For detailed information regarding these 
actions, 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 are the actions that EPA is taking?
II. What is the background for these actions?
III. What are the effects of these actions?
IV. What is EPA's analysis of the relevant air quality data?
V. Final Actions
VI. Statutory and Executive Order Reviews

I. What are the actions that EPA is taking?

    Pursuant to section 179(c) of the CAA, EPA is making a 
determination that the Philadelphia Area attained the 1997 
PM2.5 NAAQS by its attainment date, April 5, 2010. This 
determination is based upon quality assured and certified ambient air 
monitoring data for the 2007-2009 monitoring period that shows the area 
has monitored attainment of the 1997 PM2.5 NAAQS during this 
monitoring period.
    EPA is also making a clean data determination, finding that the 
Philadelphia Area has attained the 1997 PM2.5 NAAQS. This 
determination is based upon quality assured and certified ambient air 
monitoring data that show the area has monitored attainment of the 1997 
PM2.5 NAAQS for the 2007-2009 and 2008-2010 monitoring 
periods. After the effective date of this determination, the 
requirement for the Philadelphia Area to submit an attainment 
demonstration, RACM, an RFP plan, and contingency measures related to 
attainment of the 1997 PM2.5 NAAQS shall be suspended for so 
long as the area continues to attain the 1997 PM2.5 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 New Jersey, and the 
Commonwealth of Pennsylvania have submitted SIP revisions for their 
portions of the Philadelphia Area to EPA for review and approval.

II. What is the background for these actions?

A. The Philadelphia Area

    On July 18, 1997, EPA established a health-based PM2.5 
NAAQS at 15.0 micrograms per cubic meter ([micro]g/m\3\) based on a 3-
year average of annual mean PM2.5 concentrations (``the 
annual PM2.5 NAAQS'' or ``the annual standard'') (62 FR 
36852). At that time, EPA also established a 24-hour standard of 65 
[mu]g/m\3\ (the ``1997 24-hour standard''). See, 40 CFR 50.7. On 
January 5, 2005, EPA published its air quality designations for the 
1997 PM2.5 NAAQS based upon air quality monitoring data for 
calendar years 2001-2003 (70 FR 944). These designations became 
effective on April 5, 2005. The Philadelphia Area, which includes the 
New Castle County in Delaware; Burlington, Camden, and Gloucester 
Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and 
Philadelphia Counties in Pennsylvania was designated nonattainment for 
the 1997 annual PM2.5 NAAQS during this designations 
process. See, 40 CFR 81.308, 81.832, and 81.339. The attainment date 
for the 1997 annual PM2.5 NAAQS is as expeditiously as 
practicable, but no more than five years from the date of designation. 
See, 40 CFR 51.1004(a). Therefore, the attainment date for the 
Philadelphia Area is April 5, 2010.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, and promulgated a 24-hour 
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations (the ``2006 24-hour standard''). 
On November 13, 2009, EPA published the area designations for the 2006 
24-hour standard (74 FR 58688). That action, effective on December 14, 
2009, designated the same Philadelphia Area as nonattainment for the 
2006 24-hour standard and clarified that the Philadelphia Area is 
designated as unclassifiable/attainment for the 1997 24-hour 
PM2.5 standard. This rulemaking only addresses the 1997 
annual PM2.5 standard and does not address the 1997 or the 
2006 24-hour PM2.5 standards.
    In response to legal challenges of the 2006 annual standard, the 
U.S. Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) remanded this standard to EPA for further consideration. See, 
American Farm Bureau Federation and National Pork Producers Council, et 
al. v. EPA, 559 F.3d 512 (D.C. Circuit 2009). However, given that the 
1997 and 2006 annual PM2.5 standards are essentially 
identical, attainment of the 1997 annual standard would also indicate 
attainment of the remanded 2006 annual standard.

B. Requirement To Determine Attainment by the Attainment Date

    Under CAA section 179(c), not later than six months after an areas 
attainment date, EPA is required to make a determination that a 
nonattainment area has attained by its attainment date. EPA is required 
to publish that determination in the Federal Register.

C. Clean Data Determination

    Under the provisions of EPA's PM2.5 implementation rule 
at 40 CFR 51.1004(c), if EPA issues a determination that an area is 
attaining the relevant standard (through a rulemaking that includes 
public notice and comment), then the area's obligations to submit an 
attainment demonstration, RACM, RFP plan, contingency measures, and any 
other planning SIPs related to attainment are suspended for as long as 
the area continues to attain. The clean data determination is not 
equivalent to a redesignation. The state must still meet the statutory 
requirements for redesignation in order for the area to be redesignated 
to attainment.

D. Ambient Air Quality Monitoring Data

    The States of Delaware, and New Jersey, and the Commonwealth of 
Pennsylvania (``the States'') submitted quality assured air quality 
monitoring data into the EPA Air Quality System (AQS) database for the 
2007-2009 and 2008-2010 monitoring periods. The States then certified 
that data. EPA's evaluation of this data shows that the Philadelphia 
Area has attained the 1997 annual PM2.5 NAAQS. Additional 
information on air quality data for the Philadelphia Area can be found 
in the TSD prepared for this action.

III. What are the effects of these actions?

    These actions do 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 annual 
PM2.5 NAAQS until such time as EPA determines that the area 
meets the CAA requirements for

[[Page 3149]]

redesignation to attainment, including an approved maintenance plan.

A. Determination of Attainment by the Attainment Date

    EPA is making a determination that the Philadelphia Area has 
attained the 1997 annual PM2.5 NAAQS by its applicable 
attainment date of April 5, 2010. Therefore, EPA has met its 
requirement pursuant to CAA section 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 section 179(c).

B. Clean Data Determination

    EPA is making a determination that the Philadelphia Area is 
attaining the 1997 annual PM2.5 NAAQS. This determination of 
attainment suspends the CAA requirements for the Philadelphia Area to 
submit an attainment demonstration and the associated RFP plan, 
contingency measures, RACM analysis, and any other planning SIPs 
related to attainment of the 1997 annual PM2.5 NAAQS. These 
requirements remain suspended for so long as the area continues to 
attain the 1997 annual PM2.5 NAAQS.
    The clean data determination suspends the requirement to submit an 
attainment demonstration, RACM, RFP plan, contingency measures, and any 
other planning SIPs related to attainment of the 1997 annual 
PM2.5 NAAQS. This suspension remains in effect 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 annual PM2.5 
NAAQS. This determination is separate from, and does not influence or 
otherwise affect, any future designation determination or requirements 
for the area based on any new or revised PM2.5 NAAQS. It 
remains in effect regardless of whether EPA designates this area as a 
nonattainment area for purposes of any new or revised PM2.5 
NAAQS. Although these requirements are suspended, EPA is not precluded 
from acting upon these elements.

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

    The criteria for determining if an area is attaining the 1997 
annual PM2.5 NAAQS are set out in 40 CFR 50.13 and appendix 
N. The annual PM2.5 NAAQS is met when the annual design 
value is less than or equal to 15.0 micrograms per cubic meter ([mu]g/
m\3\). Three years of valid annual means are required to produce a 
valid annual standard design value. A year meets data completeness 
requirements when at least 75 percent of the scheduled sampling days 
for each quarter have valid data. The use of less than complete data is 
subject to the approval of EPA, which may consider factors such as 
monitoring site closures/moves, monitoring diligence, and nearby 
concentrations in determining whether to use such data.
    While most of the monitoring data submitted by the States was 
complete, several monitors in the Philadelphia Area had less than four 
quarters of complete data for one or more year in both the 2007-2009 
and 2008-2010 monitoring periods. For these monitors, EPA applied the 
data substitution test set out in the April 1999 EPA guidance document 
``Guideline on Data Handling Conventions for the PM NAAQS.'' This 
``maximum quarter'' test is used for monitors with missing data. 
Maximum recorded values are substituted for the missing data. The 
resulting design value is compared to the standard. The monitor passes 
if the design value with maximum values substituted meets the standard.
    Considering 2007-2009 data, six monitors had less than complete 
data, and five of those monitors passed the maximum quarter test. 
Therefore, while the five monitors had less than complete data, EPA's 
evaluation shows that the monitors meet the NAAQS. Data handling for 
the sixth monitor is discussed below.
    Considering 2008-2010 data, four monitors had less than complete 
data, and all four monitors passed the maximum quarter test. Therefore, 
while the four monitors had less than complete data, EPA's evaluation 
shows that the monitors meet the NAAQS. Details of EPA's analysis are 
set out in the TSD prepared for this action.
    The maximum quarter test could not be used to show attainment, 
considering 2007-2009 data, for one monitor located in Chester County, 
Pennsylvania. For this monitor, EPA performed a statistical analysis of 
the data, in which a linear regression relationship is established 
between the site with incomplete data and a nearby site which has more 
complete data in the period in which the incomplete site is missing 
data. The linear regression relationship is based on time periods in 
which both monitors were operating. The linear regression equation 
developed from the relationship between the monitors is used to fill in 
missing data for the incomplete monitor, so that the normal data 
completeness requirement of 75 percent of data in each quarter of the 
three years is met. After the missing data for the site is filled in, 
the results are verified through an additional statistical test. The 
results of EPA's statistical analysis indicated that while the Chester 
County, Pennsylvania monitor had less than complete data, the data is 
sufficient to demonstrate that the NAAQS has been met. Details of this 
analysis are set out in the TSD prepared for this action.
    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the PM2.5 ambient air monitoring data for the 
monitoring periods 2007-2009 and 2008-2010 for the Philadelphia Area, 
as recorded in the AQS database. On the basis of that review, EPA has 
concluded that the Philadelphia Area attained the 1997 annual 
PM2.5 NAAQS based on data for the 2007-2009 and 2008-2010 
monitoring periods.

A. Determination of Attainment by the Attainment Date

    According to the PM2.5 implementation rule, the 
attainment date for the Philadelphia Area is April 5, 2010, and 
monitoring data from the period 2007-2009 is used to determine if the 
area attained by April 5, 2010. Table 1 shows the PM2.5 
design values for each monitor in the Philadelphia Area for the years 
2007-2009. All 2007-2009 design values are below 15.0 [mu]g/m\3\ and 
EPA's evaluation shows that all monitors meet the NAAQS. Therefore, the 
Philadelphia Area attained the 1997 annual PM2.5 NAAQS by 
its attainment date.

                  Table 1--2007-2009 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                        Annual mean ([mu]g/m\3\)     2007-2009
              State                       County          Monitor ID  ---------------------------  Design value
                                                                         2007     2008     2009    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware.........................  New Castle..........    100031003      13.4     13.0     10.2            12.2
                                                           100031007      12.5     11.5     10.0            11.3

[[Page 3150]]

 
                                                           100031012      13.4     12.5     10.6            12.2
                                                           100032004      14.4     13.5     11.2            13.0
New Jersey.......................  Camden..............    340071007      13.8     11.9      9.5            11.7
                                   Gloucester..........    340150004      13.3     11.5      9.3            11.4
Pennsylvania.....................  Bucks...............    420170012      13.0     12.7     10.8            12.2
                                   Chester.............    420290100      14.1     13.7     14.1            13.9
                                   Delaware............    420450002      14.7     13.9     12.4            13.7
                                   Montgomery..........    420910013      13.1     11.7     10.4            11.7
                                   Philadelphia........    421010004      13.7     13.0     10.8            12.5
                                                           421010024      12.9     12.0      9.9            11.6
                                                           421010047      14.3     13.5     11.1            13.0
                                                           421010055       *       13.5     11.3            12.4
                                                           421010057      12.0     13.3     11.1            12.1
----------------------------------------------------------------------------------------------------------------
*Note: Monitor 421010055 in Philadelphia County, Pennsylvania, started operating in 2008.

B. Clean Data Determination

    Table 2 shows the PM2.5 design values for each monitor 
in the Philadelphia Area for the years 2008-2010. All 2008-2010 design 
values are below 15.0 [mu]g/m\3\ and EPA's evaluation shows that all 
monitors meet the NAAQS. Therefore, the Philadelphia Area attained the 
1997 annual PM2.5 NAAQS.

                  Table 2--2008-2010 Annual PM[ihel2].[ihel5] Design Values, Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                        Annual mean ([mu]g/m\3\)     2008-2010
              State                       County          Monitor ID  ---------------------------  Design value
                                                                         2008     2009     2010    ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Delaware.........................  New Castle..........    100031003      13.0     10.2     10.2            11.1
                                                           100031007      11.5     10.0     10.0            10.5
                                                           100031012      12.5     10.6     10.4            11.2
                                                           100032004      13.5     11.2     10.6            11.7
New Jersey.......................  Camden..............    340071007      11.9      9.5      9.5            10.3
                                   Gloucester..........    340150004      11.5      9.3      9.1            10.0
Pennsylvania.....................  Bucks...............    420170012      12.7     10.8     10.5            11.3
                                   Chester.............    420290100      13.7     14.1     13.8            13.8
                                   Delaware............    420450002      13.9     12.4     13.5            13.3
                                   Montgomery..........    420910013      11.7     10.4      9.5            10.5
                                   Philadelphia........    421010004      13.0     10.8     10.7            11.5
                                                           421010024      12.0      9.9      9.6            10.5
                                                           421010047      13.5     11.1     11.0            11.9
                                                           421010055      13.5     11.3     11.3            12.0
                                                           421010057      13.3     11.1     10.9            11.7
----------------------------------------------------------------------------------------------------------------

V. Final Actions

    EPA is making two determinations regarding the Philadelphia Area. 
First, EPA is making a determination that the Philadelphia Area has 
attained the 1997 annual PM2.5 NAAQS. This clean data 
determination suspends the requirements for the Philadelphia Area to 
submit an attainment demonstration and associated RACM, RFP plan, 
contingency measures, and any other planning requirements related to 
attainment of the 1997 annual PM2.5 NAAQS, as provided in 40 
CFR 51.1004(c), so long as the area continues to attain the 1997 annual 
PM2.5 NAAQS. Second, pursuant to section 179(c) of the CAA, 
EPA is making a determination that the Philadelphia Area has attained 
the 1997 annual PM2.5 NAAQS by its attainment date, April 5, 
2010. These determinations are based upon complete, quality assured, 
and certified ambient air monitoring data that show the area has 
monitored attainment of the 1997 annual PM2.5 NAAQS for the 
2007-2009 and 2008-2010 monitoring periods.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on March 23, 2012 without further 
notice unless EPA receives adverse comment by February 22, 2012. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

VI. Statutory and Executive Order Reviews

    This action makes determinations of attainment based on air 
quality, and result in the suspension of certain federal requirements. 
This action does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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);

[[Page 3151]]

     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 determination that the Philadelphia Area has 
attained the1997 annual PM2.5 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.
    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 these actions 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 23, 2012. 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 determination that the Philadelphia Area 
has attained the 1997 annual PM2.5 NAAQS may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and record-keeping requirements.

    Dated: December 8, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
    Dated: January 3, 2012.
Judith A. Enck,
Regional Administrator, Region II.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. Section 52.425 is added to read as follows:


Sec.  52.425  Determinations of Attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, 
PA-NJ-DE fine particle (PM2.5) nonattainment area attained 
the 1997 annual PM2.5 National Ambient Air Quality Standard 
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore, 
EPA has met the requirement pursuant to CAA section 179(c) to 
determine, based on the area's air quality as of the attainment date, 
whether the area attained the standard. EPA also determined that the 
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area 
is not subject to the consequences of failing to attain pursuant to 
section 179(d).

0
3. Section 52.427 is added to read as follows:


Sec.  52.427  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 23, 
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality 
data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has 
attained the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, associated reasonably 
available control measures, a reasonable further progress plan, 
contingency measures, and other planning SIPs related to attainment of 
the standard for as long as this area continues to meet the 1997 annual 
PM2.5 NAAQS.

Subpart FF--New Jersey

0
4. Section 52.1576 is added to read as follows:


Sec.  52.1576  Determinations of Attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, 
PA-NJ-DE fine particle (PM2.5) nonattainment area attained 
the 1997 annual PM2.5 National Ambient Air Quality Standard 
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore, 
EPA has met the requirement pursuant to CAA section 179(c) to 
determine, based on the area's air quality as of the attainment date, 
whether the area attained the standard. EPA also determined that the 
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area 
is not subject to the consequences of failing to attain pursuant to 
section 179(d).

0
5. Section 52.1602 is amended by adding new paragraph (d) to read as 
follows:


Sec.  52.1602  Control strategy and regulations: PM2.5.

* * * * *
    (d) Determination of Attainment. EPA has determined, as of January 
23, 2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle 
(PM2.5) nonattainment area has attained the 1997 
PM2.5 National Ambient Air Quality Standard. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area

[[Page 3152]]

continues to attain the 1997 PM2.5 NAAQS.

Subpart NN--Pennsylvania

0
6. Section 52.2056 is amended by adding paragraph (f) to read as 
follows:


Sec.  52.2056  Determinations of Attainment.

* * * * *
    (f) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, 
PA-NJ-DE fine particle (PM2.5) nonattainment area attained 
the 1997 annual PM2.5 National Ambient Air Quality Standard 
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore, 
EPA has met the requirement pursuant to CAA section 179(c) to 
determine, based on the area's air quality as of the attainment date, 
whether the area attained the standard. EPA also determined that the 
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area 
is not subject to the consequences of failing to attain pursuant to 
section 179(d).

0
7. Section 52.2059 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of January 
23, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air 
quality data, the Philadelphia-Wilmington, PA-NJ-DE nonattainment area 
has attained the 1997 annual PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 52.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as this area continues to meet 
the 1997 annual PM2.5 NAAQS.

[FR Doc. 2012-1089 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P