[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47533-47534]
From the Federal Register Online via the Government Publishing 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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