68736 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2010–0574; FRL–9223–1] 

Approval of One-Year Extension for 

Attaining the 1997 8-Hour Ozone 

Standard for the Delaware, Maryland, 

and Pennsylvania Portions of the 

Philadelphia-Wilmington-Atlantic City 

Moderate Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to extend 

the attainment date from June 15, 2010 

to June 15, 2011 for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia-Wilmington-Atlantic 

City nonattainment area (Philadelphia 

Area), which is classified as moderate 

for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

This extension is based in part on air 

quality data recorded during the 2009 

ozone season. Specifically, the 

Philadelphia Area’s 4th highest daily 8- 

hour monitored ozone value during the 

2009 ozone season is 0.084 parts per 

million (ppm) or less. Accordingly, EPA 

is revising the tables concerning the 8- 

hour ozone attainment dates for the 

Philadelphia Area in the States of 

Delaware and Maryland, and the 

Commonwealth of Pennsylvania. EPA is 

proposing to approve the extension of 

the attainment date for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia Area in accordance 

with the requirements of the Clean Air 

Act (CAA). EPA is proposing to approve 

the extension of the attainment date for 

the New Jersey portion of the 

Philadelphia Area in a separate 

rulemaking in this Federal Register. 

DATES: Written comments must be 

received on or before December 9, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0574 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: rehn.brian@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0574, 

Brian K. Rehn, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR2010– 

0574. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 at http:// 

www.regulations.gov or in hard copy 

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 States’ submittal 

are available at the Delaware 

Department of Natural Resources and 

Environmental Control, 89 Kings 

Highway, P.O. Box 1401, Dover, 

Delaware 19903; the Maryland 

Department of the Environment, 1800 

Washington Boulevard, Suite 705, 

Baltimore, Maryland 21230; and 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: 

Maria Pino, (215) 814–2181, or by email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Requests for Attainment Date 

Extension for the Philadelphia Area 

The Commonwealth of Pennsylvania 

and the States of Maryland and 

Delaware (the States) requested a oneyear attainment date extension for the 

Philadelphia Area on January 8, 2010, 

March 12, 2010, and May 18, 2010, 

respectively. The Philadelphia Area, 

which is classified as moderate for the 

1997 8-hour ozone NAAQS, consists of: 

Cecil County in Maryland; Bucks, 

Chester, Delaware, Montgomery and 

Philadelphia Counties in Pennsylvania; 

the entire State of Delaware; and 

Atlantic, Burlington, Camden, Cape 

May, Cumberland, Gloucester, Mercer, 

Ocean, and Salem Counties in New 

Jersey. Since this area was classified as 

a moderate ozone nonattainment area, 

the statutory ozone attainment date, as 

prescribed by section 181(a) of the CAA, 

is June 15, 2010. The States’ requested 

that the attainment date be extended to 

June 15, 2011. As stated above, EPA is 

approving the extension of the 

attainment date for the New Jersey 

portion of the Philadelphia Area in a 

separate rulemaking notice in today’s 

Federal Register. 

II. CAA Requirements and EPA Actions 

Regarding One-Year Extensions 

Section 172(a)(2)(C) of subpart 1 of 

the CAA provides for EPA to extend the 

attainment date for an area by one year 

if the State has complied with all the 

requirements and commitments 

pertaining to the area in the applicable 

implementation plan and no more than 

a minimal number of exceedances of the 

NAAQS has occurred in the attainment 

year. Up to two one-year extensions may 

be issued for a single nonattainment 

area. Section 181(a)(5) of subpart 2 

contains a similar provision for the 

ozone NAAQS, but instead of providing 

for an extension where there has been 

a ‘‘minimal’’ number of exceedances, it 

allows an extension only if there is no 

more than one exceedance of the 

NAAQS in the year proceeding the 

extension year. However, the language 

in section 181(a)(5) reflects the form of 

the 1-hour ozone NAAQS and not the 

1997 8-hour ozone NAAQS. 40 CFR 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules 68737 

51.907 sets forth how sections 

172(a)(2)(C) and 181(a)(5) apply to an 

area subject to the 1997 8-hour ozone 

NAAQS. Under 40 CFR 51.907, an area 

will meet the requirement of section 

172(a)(2)(C)(ii) or 181(a)(5)(B) of the 

CAA pertaining to one-year extensions 

of the attainment date if: 

(a) For the first 1-year extension, the 

area’s 4th highest daily 8-hour average 

in the attainment year is 0.084 ppm or 

less; 

(b) For the second 1-year extension, 

the area’s 4th highest daily 8-hour 

value, averaged over both the original 

attainment year and the first extension 

year, is 0.084 ppm or less; and 

(c) For purposes of paragraphs (a) and 

(b) of this section, the area’s 4th highest 

daily 8-hour average shall be from the 

monitor with the highest 4th highest 

daily 8-hour average of all the monitors 

that represent that area. 

EPA’s review of the actual ozone air 

quality data in the Air Quality System 

shows that the 4th highest daily average 

8-hour ozone concentrations for the 

2009 attainment year ozone season, for 

all monitors in the Philadelphia Area 

are measured at 0.084 ppm or less 

(Table 1), as required by 40 CFR 

51.907(a). The monitoring data has been 

quality controlled and quality assured. 

In the Technical Support Document 

(TSD) for this action, EPA evaluates the 

air quality monitoring data for the 

Philadelphia Area. For details, please 

refer to EPA’s TSD. 

TABLE 1—MONITORING DATA FOR 8-HOUR OZONE IN THE PHILADELPHIA AREA

Site ID County/state Year 

4th Max 

8-hr 

(ppm) 

10–001–0002 .............................................. Kent/Delaware ............................................................................... 2009 .066 

10–003–1007 .............................................. New Castle/Delaware .................................................................... 2009 .068 

10–003–1010 .............................................. New Castle/Delaware .................................................................... 2009 .068 

10–003–1013 .............................................. New Castle/Delaware .................................................................... 2009 .069 

10–005–1002 .............................................. Sussex/Delaware ........................................................................... 2009 .067 

10–005–1003 .............................................. Sussex/Delaware ........................................................................... 2009 .069 

24–015–0003 .............................................. Cecil/Maryland ............................................................................... 2009 .072 

42–017–0012 .............................................. Bucks/Pennsylvania ....................................................................... 2009 .074 

42–029–0100 .............................................. Chester/Pennsylvania .................................................................... 2009 .067 

42–045–0002 .............................................. Delaware/Pennsylvania ................................................................. 2009 .065 

42–091–0013 .............................................. Montgomery/Pennsylvania ............................................................. 2009 .070 

42–101–0004 .............................................. Philadelphia/Pennsylvania ............................................................. 2009 .059 

42–101–0024 .............................................. Philadelphia/Pennsylvania ............................................................. 2009 .072 

34–001–0006 .............................................. Atlantic/New Jersey ....................................................................... 2009 .071 

34–007–1001 .............................................. Camden/New Jersey ..................................................................... 2009 .071 

34–011–0007 .............................................. Cumberland/New Jersey ............................................................... 2009 .072 

34–015–0002 .............................................. Gloucester/New Jersey .................................................................. 2009 .071 

34–021–0005 .............................................. Mercer/New Jersey ........................................................................ 2009 .071 

34–029–0006 .............................................. Ocean/New Jersey ........................................................................ 2009 .071 

EPA has determined that the 

requirements for a one-year extension of 

the attainment date have been fulfilled 

as follows: 

(1) The States have complied with all 

requirements and commitments 

pertaining to the area in the applicable 

ozone implementation plan. The 

applicable ozone implementation plans 

can be found at 40 CFR 52.420, 40 CFR 

52.1070, 40 CFR 52.2020, for the States 

of Delaware, Maryland, and 

Pennsylvania, respectively; and 

(2) The Philadelphia Area’s 4th 

highest daily 8-hour monitored value 

during the 2009 ozone season is 0.084 

ppm or less. 

Therefore, EPA approves the States’ 

attainment date extension requests for 

the Delaware, Maryland, and 

Pennsylvania portions of the 

Philadelphia Area. As a result, the 

charts in 40 CFR 81.308, 40 CFR 81.321, 

and 40 CFR 81.339 are being modified 

to reflect EPA’s approval of the States’ 

attainment date extension request. 

Those charts are entitled ‘‘DelawareOzone (8-Hour Standard)’’, ‘‘MarylandOzone (8–Hour Standard)’’, and 

‘‘Pennsylvania-Ozone (8-Hour 

Standard)’’, respectively. 

III. Proposed Action 

EPA is proposing to approve the 

attainment date extension from June 15, 

2010 to June 15, 2011 for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia Area, which is 

classified as moderate for the 1997 8- 

hour ozone NAAQS. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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); 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
68738 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules 

• 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 proposed extension 

of the attainment deadline for the 1997 

8-hour ozone NAAQS for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia Area 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. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone. 

Dated: October 28, 2010. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2010–28256 Filed 11–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1153] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or to show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before February 7, 2011. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1153, to Roy E. 

Wright, Deputy Director, Risk Analysis 

Division, Federal Insurance and 

Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1