[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47533-47534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19570]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0956; FRL-9696-2]


Determination of Failure To Attain the One-Hour Ozone Standard by 
2007, Determination of Current Attainment of the One-Hour Ozone 
Standard, Determinations of Attainment of the 1997 Eight-Hour Ozone 
Standards for the New York-Northern New Jersey-Long Island 
Nonattainment Area in Connecticut, New Jersey and New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: This document corrects an error in the regulatory language of 
a final rule pertaining to Clean Data determinations for the State of 
New Jersey published June 18, 2012. The action announced our approval 
of four separate and independent determinations related to the New 
York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour and 1997 
eight-hour ozone nonattainment areas. This action corrects erroneous 
paragraph designations in the June 18, 2012 final rule.

DATES: This correction is effective on August 9, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R02-OAR-2011-0956. All documents in the docket are listed on 
the 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 
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 10278, (212) 637-4249.

SUPPLEMENTARY INFORMATION: On June 18, 2012, 77 FR 36163, EPA published 
a final rulemaking action announcing our approval of four separate and 
independent determinations related to the New York-Northern New Jersey-
Long Island (NY-NJ-CT) one-hour and 1997 eight-hour ozone nonattainment 
areas. In that document, Sec.  52.1576 of title 40 of the Code of 
Federal Regulations (CFR) was amended, but the amendatory instructions 
inadvertently designated an existing paragraph incorrectly as (a) and 
incorrectly reserved paragraph (b). The intent of the rule was to 
retain the amendments as promulgated on May 16, 2012, 77 FR 28782 and 
add two new paragraphs (c) and (d) pursuant to the June 18, 2012, 77 FR 
36163. This action corrects the erroneous paragraph designations. For 
the convenience of the reader, and to ensure it reads correctly, the 
entire Sec.  52.1576 is set out in the regulatory text of this 
document.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those

[[Page 47534]]

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 Clean Air Act; 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 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.
    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 October 9, 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 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, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: July 31, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    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 FF--New Jersey

0
2. Section 52.1576 is revised to read as follows:


Sec.  52.1576  Determinations of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area 
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient 
Air Quality Standard (NAAQS) by the applicable attainment date of June 
15, 2011. Therefore, EPA has met the requirement pursuant to CAA 
section 181(b)(2)(A) 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 Area nonattainment area will not 
be reclassified for failure to attain by its applicable attainment date 
under section 181(b)(2)(A).
    (b) 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).
    (c) Based upon EPA's review of the air quality data for the three-
year period 2005 to 2007, EPA determined, as of June 18, 2012, that the 
New York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour ozone 
nonattainment area did not meet its applicable one-hour ozone 
attainment date of November 15, 2007. Separate from and independent of 
this determination, based on 2008-2010 complete, quality-assured ozone 
monitoring data at all monitoring sites in the area, and data for 2011, 
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone 
nonattainment area has attained the one-hour ozone standard.
    (d) Based upon EPA's review of complete, quality-assured and 
certified air quality data for the three-year period 2007 to 2009, and 
data for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate 
nonattainment area attained the 1997 eight-hour ozone NAAQS by the 
applicable attainment date of June 15, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on 
the area's air quality data as of the attainment date, whether the area 
attained the standard. EPA also determined that the NY-NJ-CT 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date under section 181(b)(2)(A).

[FR Doc. 2012-19570 Filed 8-8-12; 8:45 am]
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