60914 Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0930; FRL–9737–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; 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 Delaware as a State Implementation 

Plan (SIP) revision. The SIP revision 

demonstrates attainment of the 1997 8- 

hour ozone national ambient air quality 

standard (NAAQS) for the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE 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 5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0930. 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

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

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 7, 2012 (77 FR 46990), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the attainment demonstration portion 

of the attainment plan for the 1997 8- 

hour ozone NAAQS for the Philadelphia 

Area. The formal SIP revision was 

submitted by Delaware on June 13, 

2007. 

II. Summary of SIP Revision 

The SIP revision consists of the 

attainment demonstration portion of the 

attainment plan submitted by Delaware 

as a SIP revision on June 13, 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 Delaware 

attainment plan submitted on June 13, 

2007. See 75 FR 17863 (April 8, 2010). 

EPA has determined that the weight of 

evidence analysis that Delaware 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 are explained in 

the NPR and the technical support 

document (TSD) 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 New 

Castle, Kent and Sussex Counties which 

are associated with the Delaware 

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 all three counties in 

Delaware. No comments were received 

during the public comment period. 

Therefore, EPA finds adequate the 

MVEBs for transportation conformity 

purposes for all three counties in 

Delaware. 

III. Final Action 

EPA is approving the 1997 8-hour 

ozone NAAQS attainment 

demonstration portion of the attainment 

plan submitted by Delaware on June 13, 

2007. EPA has determined that 

Delaware’s SIP revision demonstrates 

attainment of the 1997 8-hour ozone 

NAAQS for the Philadelphia Area by 

the applicable attainment date of June 

2011. EPA also 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 all three 

counties in Delaware. 

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 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 60915 

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 4, 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 Delaware 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: September 21, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, 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 Emission Budgets’’ at the 

end of the table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic 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.

Delaware-Philadelphia-WilmingtonAtlantic City Moderate Nonattainment Area.06/13/07 10/05/12 [Insert page number 

where the document begins].

[FR Doc. 2012–24526 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0556; FRL–9736–8] 

Revisions to the Nevada State 

Implementation Plan, Washoe County 

Air Quality District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Washoe County Air 

District Board of Health (WCDBOH) 

portion of the Nevada State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

July 30, 2012 and concerns regulations 

regarding compliance with permit 

conditions, recordkeeping, source 

sampling and testing, and statements of 

compliance with 40 CFR Part 70 

permits. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: These rules will be effective on 

November 5, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0556 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 30, 2012 (77 FR 44560), EPA 

proposed to approve a draft version of 

the following rules because we 

determined that they complied with the 

relevant CAA requirements. 


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