Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations 6559 

(i), is not more than one percent higher 

than the existing rate on the loan; or, 

(iii) In the case of a loan in which a 

State, Territorial, or local governmental 

agency provided assistance to the 

veteran for the acquisition of the 

dwelling, and the law providing that 

assistance precludes any revision in the 

interest rate on the loan, then the 

interest rate on the modified loan is the 

same or less than that on the original 

note evidencing the loan; 

(9) The unpaid balance of the 

modified loan will be re-amortized over 

the remaining life of the loan, or if the 

loan term is to be extended, the maturity 

date will not exceed the shorter of: 

(i) 360 months from the due date of 

the first installment required under the 

modification, or 

(ii) 120 months after the original 

maturity date of the loan (unless the 

original term was less than 360 months, 

in which case the term may be extended 

to 480 months from the due date of the 

first installment on the original loan); 

(10) Only the following items may be 

included in the modified indebtedness: 

Unpaid principal; accrued interest; 

deficits in the taxes and insurance 

impound accounts; amounts incurred to 

pay actual legal fees and foreclosure 

costs related to the canceled foreclosure; 

the cost of a title insurance policy 

endorsement or other update for the 

modified loan; and advances required to 

preserve the lien position, such as 

homeowner association fees, special 

assessments, water and sewer liens, etc. 

Late fees and other charges may not be 

capitalized; 

(11) The holder will not charge a 

processing fee, and all unpaid late fees 

will be waived. Any other actual costs 

incurred and legally chargeable, but 

which cannot be capitalized in the 

modified indebtedness, may be 

collected directly from the borrower as 

part of the modification process or 

waived, at the discretion of the servicer; 

(12) Holders will ensure the first lien 

status of the modified loan; 

(13) The dollar amount of the 

guaranty will not exceed the greater of: 

(i) The original guaranty amount of 

the loan being modified (but if the 

modified loan amount is less than the 

original loan amount, then the amount 

of guaranty will be equal to the original 

guaranty percentage applied to the 

modified loan), or 

(ii) 25 percent of the loan being 

modified subject to the statutory 

maximum specified at 38 U.S.C. 

3703(a)(1)(B); and 

(14) The obligor will not receive any 

cash back from the modification. 

(b) If a loan fails to meet one or more 

of the conditions identified in paragraph 

(a), the holder must submit the loan file 

to the Secretary for approval before 

entering into any loan modification 

agreement. The Secretary will grant 

such approval if the Secretary 

determines that the modification is in 

the best interests of the veteran and the 

Government after balancing the risks of 

non-approval versus approval despite 

the absence of one or more of the 

conditions identified in paragraph (a) of 

this section. 

(c) This section does not create a right 

of a borrower to have a loan modified, 

but simply authorizes the loan holder to 

modify a loan in certain situations 

without the prior approval of the 

Secretary. 

[FR Doc. 2011–2566 Filed 2–4–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0552; FRL–9262–7 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; 2002 Base Year 

Emissions Inventory, Reasonable 

Further Progress Plan, Contingency 

Measures, Reasonably Available 

Control Measures, and Transportation 

Conformity Budgets for the 

Pennsylvania Portion of the 

Philadelphia-Wilmington-Atlantic City 

1997 8-Hour Moderate Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision being 

approved contains a 2002 base year 

emissions inventory, a reasonable 

further progress (RFP) plan, RFP 

contingency measures demonstration, 

and reasonably available control 

measure (RACM) demonstration for the 

Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

moderate 1997 8-hour ozone 

nonattainment area. This rulemaking 

applies only to the Pennsylvania portion 

of this multi-state nonattainment area— 

an area that also lies in part in New 

Jersey, Maryland, and Delaware. EPA is 

simultaneously approving 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with this same SIP revision. EPA is 

approving this SIP revision because it 

satisfies Clean Air Act (CAA) 

requirements for the 2002 emissions 

inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity 

requirements—as defined by the CAA 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS). EPA is approving 

the SIP revision in accordance with the 

requirements of the CAA and EPA 

regulations. 

DATES: This final rule is effective on 

March 9, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0552. All 

documents in the docket are listed in 

the http://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 

http://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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On November 5, 2010 (75 FR 

68251), EPA published a notice of 

proposed rulemaking (or proposed 

rulemaking) for the Commonwealth of 

Pennsylvania. The notice of proposed 

rulemaking proposed EPA’s approval of 

Pennsylvania’s 2002 base year 

emissions inventory, RFP plan, RFP 

contingency measures, RACM, and 

MVEBs for the Commonwealth’s portion 

of the Philadelphia-Wilmington-Atlantic 

City moderate 1997 8-hour ozone 

nonattainment area. EPA is approving 

the SIP revision because it satisfies the 

emissions inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
6560 Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations 

of section 110 and part D of the CAA 

and associated EPA regulations. This 

SIP revision was formally submitted by 

the Pennsylvania Department of 

Environmental Protection (PA DEP) on 

August 29, 2007, and was formally 

amended by PA DEP on December 10, 

2009 and again on April 12, 2010. 

II. Summary of SIP Revision 

The SIP revision (and subsequent SIP 

amendments) address the emissions 

inventory, RFP, RACM, and RFP 

contingency measures requirements for 

the 1997 8-hour ozone NAAQS for the 

Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City 

8-hour ozone moderate nonattainment 

area. The SIP revision also establishes 

MVEBs for 2008. Other specific 

requirements of Pennsylvania’s August 

29, 2007 SIP revision (as amended in 

December 2009 and April 2010) for the 

Philadelphia-Wilmington-Atlantic City 

8-hour ozone nonattainment area and 

EPA’s rationale for our proposed action 

are explained in the November 5, 2010 

proposed rulemaking and will not be 

restated here. A more detailed 

description of the August 2007 SIP 

revision, as well as the substance of 

each of the subsequent SIP amendments 

is discussed in detail in EPA’s 

November 5, 2010 proposed rulemaking. 

No public comments were received on 

EPA’s November 2010 proposed 

rulemaking. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory; the 2008 ozone 

projected emission inventory; the 2008 

RFP plan; RFP contingency measures; 

RACM analysis; and 2008 transportation 

conformity budgets for the Pennsylvania 

portion of the Philadelphia-WilmingtonAtlantic City 8-hour ozone 

nonattainment area, contained in 

Pennsylvania’s August 29, 2007 SIP 

revision (as formally amended by 

Pennsylvania in December 2009 and 

April 2010) for the PhiladelphiaWilmington-Atlantic City 8-hour ozone 

nonattainment area. The SIP revision 

satisfies the requirements for 1997 8- 

hour ozone NAAQS nonattainment 

areas classified as moderate and 

demonstrates reasonable further 

progress in reducing ozone precursors. 

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 April 8, 2011. 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 to approve the emission 

inventory, RFP demonstration, RACM 

determination, RFP contingency 

measures, and MVEBs 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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: January 24, 2011. 

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. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding, at the end 

of the table, entries for ‘‘Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures, and RFP 

Contingency Measures’’; 2002 Base Year 

Emissions Inventory for Volatile 

Organic Compounds (VOC), Nitrogen 

Oxides (NOX), and Carbon Monoxide 

(CO)’’; and ‘‘2008 RFP Transportation 

Conformity Motor Vehicle Emission 

Budgets’’ to read as follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules and Regulations 6561 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

Reasonable Further Progress Plan 

(RFP), Reasonably Available Control 

Measures, and RFP Contingency 

Measures.

Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA– 

DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.

8/29/07, 12/10/09, 

4/12/10).

2/7/11 [Insert page 

number where 

the document begins].

2002 Base Year Emissions Inventory 

for Volatile Organic Compounds 

(VOC), Nitrogen Oxides (NOX), and 

Carbon Monoxide (CO).

Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA– 

DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.

8/29/07, 12/10/09, 

4/12/10.

2/7/11 [Insert page 

number where 

the document begins].

2008 RFP Transportation Conformity 

Motor Vehicle Emission Budgets.

Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA– 

DE–MD–NJ 1997 8-hour ozone moderate nonattainment area.

8/29/07, 12/10/09, 

4/12/10.

2/7/11 [Insert page 

number where 

the document begins].

* * * * * 

■ 3. Section 52.2036 is amended by 

revising the section heading and by 

adding paragraph (o) to read as follows: 

§ 52.2036 Base Year Emissions Inventory. 

* * * * * 

(o) EPA approves as a revision to the 

Pennsylvania State Implementation Plan 

the 2002 base year emissions 

inventories for the Pennsylvania portion 

of the Philadelphia-Wilmington-Atlantic 

City, PA-DE-MD-NJ 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Pennsylvania 

Department of Environmental Protection 

on August 29, 2007 (as formally 

amended by Pennsylvania on December 

10, 2009 and on April 12, 2010). This 

submittal consists of the 2002 base year 

point, area, non-road mobile, and onroad mobile source emission inventories 

for this area, for the following 

pollutants: Volatile organic compounds 

(VOC), carbon monoxide (CO) and 

nitrogen oxides (NOX). 

■ 4. Section 52.2037 is amended by 

adding paragraphs (o) and (p) to read as 

follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(o) EPA approves revisions to the 

Pennsylvania State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measure 

demonstration, and contingency 

measures for the Pennsylvania portion 

of the Philadelphia-Wilmington-Atlantic 

City, PA-DE-MD-NJ 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Pennsylvania 

Department of Environmental Protection 

on August 29, 2007 (as formally 

amended by Pennsylvania on December 

10, 2009 and April 12, 2010). 

(p) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Pennsylvania portion of 

the Philadelphia-Wilmington-Atlantic 

City, PA-DE-MD-NJ 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Pennsylvania 

Department of Environmental Protection 

on August 29, 2007 (as formally 

amended by Pennsylvania on December 

10, 2009): 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE PENNSYLVANIA PORTION OF THE PHILADELPHIAWILMINGTON-ATLANTIC CITY, PA-DE-MD-NJ AREA

Type of control strategy SIP Year VOC (TPD) NOX (TPD) Effective date of adequacy determination or SIP approval 

Rate of Progress Plan ............ 2008 61.09 108.78 January 5, 2009 (73 FR 77682), published December 19, 

2008. 

[FR Doc. 2011–2604 Filed 2–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2009–0962; FRL–9261–9] 

North Carolina: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: North Carolina has applied to 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. EPA is publishing this rule 

to authorize the changes without a prior 

proposal because we believe this action 

is not controversial and do not expect 

comments that oppose it. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the decision to authorize North 

Carolina’s changes to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize the changes. 

DATES: This Final authorization will 

become effective on April 8, 2011 unless 

EPA receives adverse written comment 

by March 9, 2011. If EPA receives such 

comment, it will publish a timely 

withdrawal of this immediate final rule 

in the Federal Register and inform the 

public that this authorization will not 

take effect. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1