65488 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal date/ 

effective date EPA approved date Comments 

*******

Section 110(a)(2) Infrastructure Requirements for the 2006 

24-Hour Ozone 

NAAQS.

Statewide .......... 5/23/2011, 6/27/2012 

(submittal dates).

10/29/2012, [Insert 

page number where 

the document begins].

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M). We 

are not finalizing action on the visibility protection requirements of (D)(i)(II) or the state 

board requirements of (E)(ii). We will address these requirements in a separate action. Although EPA is disapproving portions 

of Minnesota’s submission addressing the 

prevention of significant deterioration, Minnesota continues to implement the Federally 

promulgated rules for this purpose as they 

pertain to section 110(a)(2)(C), (D)(i)(II), 

(D)(ii), and (J). 

* * * * * * * 

■ 6. Section 52.1891 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1891 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(c) Approval and Disapproval—In a 

September 4, 2009 submittal, 

supplemented on June 3, 2011, and July 

5, 2012, Ohio certified that the State has 

satisfied the infrastructure SIP 

requirements of section 110(a)(2)(A) 

through (H), and (J) through (M) for the 

2006 24-hour PM2.5 NAAQS. We are not 

finalizing action on the visibility 

protection requirements of (D)(i)(II) or 

the state board requirements of (E)(ii). 

We will address these requirements in 

a separate action. We are disapproving 

narrow portions of Ohio’s infrastructure 

SIP submission addressing the relevant 

prevention of significant deterioration 

requirements of the 2008 NSR Rule 

(identifying PM2.5 precursors, and the 

regulation of PM2.5 and PM10

condensables in permits) and the Phase 

2 Rule (identification of NOX as a 

precursor to ozone) with respect to 

section 110(a)(2)(C), (D)(i)(II), and (J). 

■ 7. Section 52.2591 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2591 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) Approval and Disapproval—In a 

January 24, 2011, submittal, 

supplemented on March 28, 2011, and 

June 29, 2012, Wisconsin certified that 

the State has satisfied the infrastructure 

SIP requirements of section 110(a)(2)(A) 

through (H), and (J) through (M) for the 

2006 24-hour PM2.5 NAAQS. We are not 

finalizing action on (D)(i)(I), the 

visibility protection requirements of 

(D)(i)(II), and the state board 

requirements of (E)(ii). We will address 

these requirements in a separate action. 

We are disapproving narrow portions of 

Wisconsin’s infrastructure SIP 

submission addressing the relevant 

prevention of significant deterioration 

requirements of the 2008 NSR Rule 

(identifying PM2.5 precursors and the 

regulation of PM2.5 and PM10

condensables in permits) with respect to 

section 110(a)(2)(C), (D)(i)(II), and (J). 

[FR Doc. 2012–26289 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0929; FRL–9746–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; 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. 

SUMMARY: EPA is approving the 

attainment demonstration portion of the 

attainment plan submitted by the State 

of Maryland as a State Implementation 

Plan (SIP) revision. The Maryland 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 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0929. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 


rmajette on DSK2TPTVN1PROD with 
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65489 

I. Background 

On August 23, 2012 (77 FR 50966), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of the attainment demonstration portion 

of Maryland’s attainment plan for the 

1997 8-hour ozone NAAQS for the 

Philadelphia Area. The formal SIP 

revision (#07–05) was submitted by 

Maryland on June 4, 2007. 

II. Summary of SIP Revision 

The SIP revision consists of the 

attainment demonstration portion of the 

attainment plan submitted by Maryland 

as a SIP revision on June 4, 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 Maryland 

attainment plan submitted on June 4, 

2007. See 75 FR 33172 (June 11, 2010). 

EPA has determined that the weight of 

evidence analysis that Maryland 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 to approve the 

attainment demonstration are explained 

in the NPR and in the technical support 

document (TSD) for the NPR 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 Cecil 

County which are associated with the 

Maryland 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 Cecil County. No 

comments were received during the 

public comment period. Therefore, EPA 

finds adequate the MVEBs for 

transportation conformity purposes for 

Cecil County, Maryland. 

III. Final Action 

EPA is approving the attainment 

demonstration portion of the attainment 

plan for the 1997 8-hour ozone NAAQS 

which was submitted by Maryland on 

June 4, 2007. EPA has determined that 

Maryland’s SIP revision demonstrates 

attainment of the 1997 8-hour ozone 

NAAQS for the Philadelphia Area by 

the applicable attainment date. EPA 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 

Cecil County, Maryland. 

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 

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 28, 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 Maryland 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: October 11, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


rmajette on DSK2TPTVN1PROD with 
65490 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

Subpart V—Maryland 

■ 2. In § 52.1070, 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 Emissions Budgets at the 

end of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Attainment Demonstration for 

the 1997 8-Hour Ozone National Ambient Air Quality 

Standard and its Associated 

Motor Vehicle Emissions 

Budgets.

Maryland-Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area.06/04/07 10/29/12 [Insert page number 

where the document begins].

■ 3. In § 52.1076, paragraph (z) is added 

to read as follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(z) EPA approves the attainment 

demonstration portion of the attainment 

plan for the 1997 8-hour ozone NAAQS 

for the Philadelphia Area submitted as 

a revision to the State Implementation 

Plan by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007. EPA also approves the 2009 

motor vehicle emissions budgets 

associated with the attainment 

demonstration for Cecil County, 

Maryland. 

TRANSPORTATION CONFORMITY BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA

Type of control strategy SIP Year VOC 

(TPD) 

NOX

(TPD) 

Attainment Demonstration ............................................................................................... 2009 7.3 2.2 

[FR Doc. 2012–26394 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0444; FRL–9746–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Fredericksburg 8-Hour Ozone 

Maintenance Area Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the 

Commonwealth of Virginia’s State 

Implementation Plan (SIP) revision 

submitted by the Virginia Department of 

Environmental Quality (VADEQ) on 

September 26, 2011. The SIP revision 

updates the 2009 and 2015 motor 

vehicle emission budgets (MVEBs) in 

the Fredericksburg 8-Hour Ozone 

Maintenance Area (Fredericksburg Area) 

by replacing the previously approved 

MVEBs with budgets developed using 

EPA’s Motor Vehicle Emissions 

Simulator emissions model 

(MOVES2010a). The revised MVEBs 

continue to demonstrate maintenance of 

the 1997 8-hour national ambient air 

quality standard (NAAQS) for ozone. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: 

Effective Date: This final rule is 

effective on November 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0444. 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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 6, 2012 (77 FR 46672), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of the Virginia SIP 

revision that updates the 2009 and 2015 

MVEBs in the Fredericksburg Area by 

replacing the previously approved 

MVEBs with budgets developed using 

MOVES2010a. By EPA’s finalizing the 

proposed approval, the newly submitted 

MOVES2010a MVEBs will replace the 

existing, MOBILE6.2-based budgets in 

Virginia’s SIP and must then be used in 

future transportation conformity 

analyses for the Fredericksburg Area 

according to the transportation 

conformity rule. See 40 CFR 93.118. The 

previously approved budgets will no 

longer be applicable for transportation 

conformity purposes. Additionally, with 

the approval of the MOVES2010a-based 

MVEBs, the regional transportation 

conformity grace period for not using 

MOVES2010a for the pollutants 

included in these budgets will end for 

the Fredericksburg Area on the effective 

date of this final approval. See 75 FR 

9411, 9414 (March 2, 2010) for 


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