[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60914-60915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24526]



[[Page 60914]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0930; FRL-9737-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Attainment Demonstration for the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic 
City Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the attainment demonstration portion of the 
attainment plan submitted by the State of Delaware as a State 
Implementation Plan (SIP) revision. The SIP revision demonstrates 
attainment of the 1997 8-hour ozone national ambient air quality 
standard (NAAQS) for the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE moderate nonattainment area (Philadelphia Area) by the applicable 
attainment date of June 2011. EPA is approving the SIP revision in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on November 5, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0930. All documents in the docket are listed in 
the 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 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.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 7, 2012 (77 FR 46990), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of the attainment demonstration portion of the attainment plan for the 
1997 8-hour ozone NAAQS for the Philadelphia Area. The formal SIP 
revision was submitted by Delaware on June 13, 2007.

II. Summary of SIP Revision

    The SIP revision consists of the attainment demonstration portion 
of the attainment plan submitted by Delaware as a SIP revision on June 
13, 2007 to demonstrate attainment of the 1997 8-hour ozone NAAQS for 
the Philadelphia Area by the applicable attainment date of June 2011. 
EPA previously approved other portions of the Delaware attainment plan 
submitted on June 13, 2007. See 75 FR 17863 (April 8, 2010). EPA has 
determined that the weight of evidence analysis that Delaware used to 
support the attainment demonstration provides sufficient evidence that 
the Philadelphia Area would attain the 1997 8-hour ozone NAAQS by the 
applicable attainment date of June 2011. Specific requirements of the 
attainment demonstration and the rationale for EPA's proposed action 
are explained in the NPR and the technical support document (TSD) and 
will not be restated here. No public comments were received on the NPR.
    Separately, EPA conducted a process to find adequate the motor 
vehicle emission budgets (MVEBs) for New Castle, Kent and Sussex 
Counties which are associated with the Delaware attainment 
demonstration for the Philadelphia Area. A notice was posted on EPA's 
Web site for a 30-day public comment period on the adequacy 
determination for the 2009 MVEBs associated with the attainment 
demonstration for all three counties in Delaware. No comments were 
received during the public comment period. Therefore, EPA finds 
adequate the MVEBs for transportation conformity purposes for all three 
counties in Delaware.

III. Final Action

    EPA is approving the 1997 8-hour ozone NAAQS attainment 
demonstration portion of the attainment plan submitted by Delaware on 
June 13, 2007. EPA has determined that Delaware's SIP revision 
demonstrates attainment of the 1997 8-hour ozone NAAQS for the 
Philadelphia Area by the applicable attainment date of June 2011. EPA 
also has determined that the SIP revision meets the applicable 
requirements of the CAA. EPA is also approving and finding adequate the 
2009 MVEBs associated with the attainment demonstration for all three 
counties in Delaware.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
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);
     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

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practicable and legally permissible methods, under Executive Order 
12898 (59 FR 7629, February 16, 1994).
    In addition, this rule 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.

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 December 4, 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 action pertaining to the Delaware attainment demonstration 
for the 1997 8-hour ozone NAAQS for 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.420, the table in paragraph (e) is amended by adding the 
entry for the ``Attainment Demonstration for the 1997 8-Hour Ozone 
National Ambient Air Quality Standard and its Associated Motor Vehicle 
Emission Budgets'' at the end of the table to read as follows:


Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP      Applicable geographic  State submittal                          Additional
             revision                        area                date         EPA approval date     explanation
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                                                  * * * * * * *
Attainment Demonstration for the    Delaware-Philadelphia-       06/13/07   10/05/12 [Insert
 1997 8-Hour Ozone National          Wilmington-Atlantic                     page number where
 Ambient Air Quality Standard and    City Moderate                           the document
 its Associated Motor Vehicle        Nonattainment Area.                     begins].
 Emissions Budgets.
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[FR Doc. 2012-24526 Filed 10-4-12; 8:45 am]
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