73570 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

level of NOX is higher than the 10 

percent benchmark, WVDEP has 

provided additional information that 

supports its insignificance 

determination for NOX. For more detail 

on EPA’s analysis of West Virginia’s 

insignificance determination, see the 

Transportation Conformity TSD in the 

docket for today’s rulemaking. 

Therefore, the March 5, 2012 submittal 

meets the criteria in the relevant 

portions of 40 CFR 93.102 and 93.118 

for an insignificance finding, and EPA 

agrees with the determination of 

insignificance for both NOX and PM2.5

for the West Virginia portion of the 

Area. As previously discussed, EPA 

initiated a comment period on 

November 5, 2012 on the proposed 

insignificance determination for the 

West Virginia portion of the Area on the 

OTAQ Web site to allow for a 30-day 

review of this proposed insignificance 

determination in conjunction with this 

proposed rulemaking. EPA is proposing 

to find that West Virginia’s 

insignificance determination for 

transportation conformity is adequate. 

For more information on EPA’s 

insignificance findings, see the TSD 

dated August 3, 2012, available in the 

docket for this rulemaking at 

www.regulations.gov. 

VIII. Proposed Actions 

EPA is proposing to approve the 

redesignation of the West Virginia 

portion of the Area from nonattainment 

to attainment for the 1997 annual PM2.5

NAAQS. EPA has evaluated West 

Virginia’s redesignation request and 

determined that upon approval of the 

base year emissions inventory in the 

separate rulemaking action noted 

previously, it would meet the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. EPA believes 

that the monitoring data demonstrate 

that the Parkersburg-Marietta Area 

attains the 1997 annual PM2.5 NAAQS 

and will continue to attain the standard. 

Final approval of this redesignation 

request would change the designation of 

the West Virginia portion of the Area 

from nonattainment to attainment for 

the 1997 annual PM2.5 NAAQS. EPA is 

also proposing to approve the associated 

maintenance plan for the West Virginia 

portion of the Area, submitted on March 

5, 2012, as a revision to the West 

Virginia SIP because it meets the 

requirements of CAA section 175A as 

described previously in this notice. EPA 

is also proposing to approve the 

insignificance determination for on-road 

motor vehicle contribution of PM2.5, 

NOX, and SO2 submitted by WVDEP for 

the West Virginia portion of the Area in 

conjunction with its redesignation 

request. As noted previously, the 30-day 

public comment period for the proposed 

insignificance determination started on 

November 5, 2012 and will end on 

December 5, 2012. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IX. Statutory and Executive Order 

Reviews 

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 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); 

• 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 proposing 

approval of West Virginia’s 

redesignation request, maintenance 

plan, and transportation conformity 

insignificance determination for the 

Parkersburg-Marietta Area for the 1997 

annual PM2.5 NAAQS 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, PM2.5, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness Areas. 

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

Dated: November 27, 2012. 

W. C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–29865 Filed 12–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2012–0840, FRL–9761–7] 

Approval and Promulgation of 

Implementation Plans; New Jersey and 

New York Ozone Attainment 

Demonstrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on the 

ozone attainment demonstration portion 

of comprehensive State Implementation 

Plan revisions submitted by New Jersey 

and New York to meet Clean Air Act 

requirements for attaining the 1997 8- 

hour ozone national ambient air quality 

standard. EPA is proposing to approve 

New Jersey’s and New York’s 

demonstration of attainment of the 1997 

8-hour ozone standard as they relate to 

their portions of three moderate 

nonattainment areas; the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT area, the Philadelphiamstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73571 

1Unless otherwise specifically noted in the 

action, references to the 8-hour ozone standard are 

to the 0.08 ppm ozone standard promulgated in 

1997. 

Wilmington-Atlantic City, PA–NJ–MD– 

DE area, and the Poughkeepsie area. 

DATES: Comments must be received on 

or before January 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2012–0840, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2012– 

0840. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your 

email 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Kelly, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. The telephone 

number is (212) 637–3709. Mr. Kelly 

can also be reached via electronic mail 

at kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

we mean the EPA. 

Table of Contents 

I. What action is EPA proposing? 

II. What is the background for EPA’s 

proposed action? 

A. History and Time Frame of New Jersey 

and New York Attainment 

Demonstration SIPs 

B. Moderate Area Requirements 

III. What was included in New Jersey’s and 

New York’s proposed SIP submittals? 

A. New Jersey’s SIP Submittal and EPA’s 

Actions 

B. New York’s SIP Submittal and EPA’s 

Actions 

IV. What is EPA’s basis for proposing to 

approve the attainment demonstrations? 

A. Air Quality Data and Attainment 

Determinations 

B. Components of the Modeled Attainment 

Demonstration 

C. EPA’s Evaluation 

V. What is EPA’s conclusion? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

The Environmental Protection Agency 

(EPA) is proposing action on the ozone 

attainment demonstration portion of 

comprehensive State Implementation 

Plan (SIP) revisions submitted by New 

Jersey and New York to meet Clean Air 

Act (Act or CAA) requirements for 

attaining the 0.08 parts per million 

(ppm) 8-hour ozone national ambient air 

quality standards (NAAQS or 

standard).1 EPA is proposing to approve 

New Jersey’s and New York’s SIP 

revisions which demonstrate attainment 

of the 1997 8-hour ozone standard as 

they relate to their portions of three 

moderate nonattainment areas: 

• The New York-Northern New 

Jersey-Long Island, NY-NJ-CT area, also 

called the New York City Metropolitan 

area, 

• The Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE area, also 

called the Philadelphia area, and 

• The Poughkeepsie area. 

The EPA is proposing to approve New 

Jersey’s and New York’s 8-hour ozone 

attainment demonstration SIP revisions 

because the EPA has determined that 

the New York City Metropolitan, 

Philadelphia, and Poughkeepsie 

moderate nonattainment areas have 

attained the ozone NAAQS by their 

respective attainment deadlines. This 

proposed determination is based on 

complete quality assured and certified 

ambient air monitoring data from 2007 

to 2011 that show the area has 

monitored attainment of the 1997 8- 

hour ozone NAAQS during this 

monitoring period. 

II. What is the background for EPA’s 

proposed action? 

A. History and Time Frame of New 

Jersey and New York Attainment 

Demonstration SIPs 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 ppm 

averaged over an 8-hour time frame. 

EPA set the 8-hour ozone standard 

based on scientific evidence 

demonstrating that ozone causes 

adverse health effects at lower ozone 

concentrations and over longer periods 

of time than was understood when the 

pre-existing 1-hour ozone standard was 

set. EPA determined that the 8-hour 

standard would be more protective of 

human health, especially with regard to 

children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

On April 30, 2004 (69 FR 23858), EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the 8-hour ozone 

standard. These actions became 

effective on June 15, 2004. Among those 

mstockstill on DSK4VPTVN1PROD with 

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2See 73 FR 16436; March 27, 2008. For a detailed 

explanation of the calculation of the 3-year 8-hour 

average, see 40 CFR part 50, Appendix I. 

nonattainment areas are the New York 

City Metropolitan area, the Philadelphia 

Area and the Poughkeepsie area. The 

New York City Metropolitan 

nonattainment area is composed of: the 

Bergen, Essex, Hudson, Hunterdon, 

Middlesex, Monmouth, Morris, Passaic, 

Somerset, Sussex, Union, and Warren 

Counties in New Jersey; the Bronx, 

Kings, Nassau, New York, Queens, 

Richmond, Rockland, Suffolk, and 

Westchester Counties in New York; and 

the Fairfield, Middlesex and New Haven 

Counties in Connecticut. The 

Philadelphia Area includes the entire 

State of Delaware; Cecil County in 

Maryland; Atlantic, Burlington, 

Camden, Cape May, Cumberland, 

Gloucester, Mercer, Ocean, and Salem 

Counties in New Jersey; and Bucks, 

Chester, Delaware, Montgomery, and 

Philadelphia Counties in Pennsylvania. 

The Poughkeepsie nonattainment area 

includes Dutchess, Orange and Putnam 

Counties in New York. See 40 CFR 

81.307, 81.308, 81.321, 81.331, 81.333, 

and 81.339. 

Also, on April 30, 2004 (69 FR 23951), 

EPA promulgated the Phase 1 8-hour 

ozone Implementation Rule which 

provided how areas designated 

nonattainment for the 1997 8-hour 

ozone standard would be classified. 

These designations triggered the Act’s 

requirements under section 182(b) for 

moderate nonattainment areas, 

including a requirement to submit an 

attainment demonstration. EPA’s Phase 

2 8-hour ozone implementation rule, 

published on November 29, 2005 (70 FR 

71612) (Phase 2 Rule) specifies that 

states must submit attainment 

demonstrations for their nonattainment 

areas to the EPA by no later than three 

years from the effective date of 

designation, that is, by June 15, 2007. 40 

CFR 51.908(a). 

Although the focus of this proposed 

rulemaking action is on the attainment 

demonstrations for the 1997 8-hour 

ozone standard, we note that EPA has 

subsequently revised the ozone 

standard. On March 12, 2008, EPA 

revised both the primary and secondary 

NAAQS for ozone to a level of 0.075 

ppm (annual fourth-highest daily 

maximum 8-hour average concentration, 

averaged over 3 years) to provide 

increased protection of public health 

and the environment.2 The 2008 ozone 

NAAQS retain the same general form 

and averaging time as the 0.08 ppm 

NAAQS set in 1997, but are set at a 

more protective level. State emission 

reduction efforts already underway to 

meet the 1997 8-hour ozone standard 

will continue with implementation of 

the 2008 ozone NAAQS. 

B. Moderate Area Requirements 

EPA’s November 29, 2005 Phase 2 

Rule addresses, among other things, the 

control obligations that apply to areas 

designated nonattainment for the 1997 

8-hour NAAQS. The Phase 1 and Phase 

2 Rules outline the SIP requirements 

and deadlines for various requirements 

in areas designated as moderate 

nonattainment. For such areas, 

modeling and attainment 

demonstrations with projection year 

emission inventories were due by June 

15, 2007, along with reasonable further 

progress plans, reasonably available 

control technology (RACT), reasonably 

available control measures (RACM), 

motor vehicle emissions budgets and 

contingency measures (40 CFR 

51.908(a), and (c) 59.910, 59.912). This 

proposed action addresses New Jersey’s 

and New York’s demonstration of 

attainment of the 1997 8-hour ozone 

standard. Moderate areas are required to 

attain the 1997 8-hour ozone NAAQS by 

no later than six years after designation, 

or June 15, 2010. See 40 CFR 51.903. In 

order to demonstrate attainment by June 

2010, the area must adopt and 

implement all controls necessary for 

attainment by the beginning of the 2009 

ozone season and demonstrate that the 

level of the standard will be met during 

the 2009 ozone season. The 

Philadelphia Area qualified for a oneyear extension of its attainment date, 

based on the complete, certified ambient 

air quality data for the 2009 ozone 

season. On January 21, 2011, EPA 

approved a one-year extension of the 

Philadelphia Area’s attainment date, 

from June 15, 2010 to June 15, 2011. See 

76 FR 3838 and 76 FR 3840. 

III. What was included in New Jersey’s 

and New York’s proposed SIP 

submittals? 

A. New Jersey’s SIP Submittal and 

EPA’s Actions 

After completing the appropriate 

public notice and comment procedures, 

New Jersey made a series of submittals 

in order to address the Act’s 8-hour 

ozone attainment requirements. On 

August 1, 2007, New Jersey submitted 

its RACT rules, which included a 

determination that many of the RACT 

rules currently contained in its SIP meet 

the RACT obligation for the 8-hour 

standard, and also included 

commitments to adopt revisions to 

several regulations where the State 

identified more stringent emission 

limitations that it believed should be 

considered RACT. On October 29, 2007, 

New Jersey submitted to EPA a 

comprehensive 8-hour ozone SIP to 

address the Act’s 8-hour ozone 

attainment requirements for the New 

Jersey portions of the New York City 

Metropolitan and the Philadelphia 

nonattainment areas. New Jersey’s 

proposed SIP included, among other 

elements, attainment demonstrations, 

reasonable further progress (RFP) plans 

for 2008 and 2009, reasonably available 

control measures analyses for both 

areas, contingency measures, on-road 

motor vehicle emission budgets, and 

general conformity emission budgets. 

Finally, as part of the RACT evaluation, 

on December 14, 2007, New Jersey 

submitted to EPA an assessment of how 

it planned to address EPA’s revised 

Control Technique Guidelines. New 

Jersey’s attainment demonstration SIP 

revisions are the only subject of this 

proposed rulemaking. 

EPA has taken several actions on New 

Jersey’s SIP revisions to address the 

requirements of the 1997 8-hour ozone 

standard: 

• On July 17, 2008 (73 FR 41068), 

EPA made a finding that the motor 

vehicle emissions budgets for the New 

Jersey portions of the New York City 

Metropolitan area and the Philadelphia 

area associated with the respective 

reasonable further progress and 

attainment demonstrations are adequate 

for transportation conformity purposes. 

• On May 15, 2009 (74 FR 22837), 

EPA approved the RFP plans, RFP 

contingency measures, and RACM 

analyses from New Jersey. 

• On August 3, 2010 (75 FR 45483) 

and on December 22, 2010 (75 FR 

80340), EPA approved SIP revisions for 

numerous statewide RACT rules to 

control emissions from sources of 

volatile organic compounds, nitrogen 

oxides, particulate matter and sulfur 

dioxide to address the RACT 

requirements for the 1997 8-hour ozone 

standard. 

New Jersey has submitted all required 

SIP revisions to address the 1997 8-hour 

ozone standard, and has implemented 

all of the emission control measures, 

including contingency measures, 

contained in these SIP revisions. EPA’s 

approval of these SIP revisions, in 

combination with this proposed 

rulemaking action to approve the 

attainment demonstrations will serve to 

completely address New Jersey’s 

requirements under the 1997 8-hour 

ozone standard. 

B. New York’s SIP Submittal and EPA’s 

Actions 

After completing the appropriate 

public notice and comment procedures, 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73573 

New York made a series of submittals in 

order to address the Act’s 8-hour ozone 

attainment requirements. On September 

1, 2006, New York submitted its statewide 8-hour ozone RACT SIP, which 

included a determination that many of 

the RACT rules currently contained in 

its SIP meet the RACT obligation for the 

8-hour standard and also included 

commitments to adopt revisions to 

several regulations where the State 

identified more stringent emission 

limitations that it believed should now 

be considered RACT. On February 8, 

2008, New York submitted two 

comprehensive 8-hour ozone SIPs—one 

for the New York City Metropolitan 

area, entitled, ‘‘New York SIP for 

Ozone—Attainment Demonstration for 

New York Metro Area’’ and one for the 

Poughkeepsie nonattainment area, 

entitled, ‘‘New York SIP for Ozone— 

Attainment Demonstration for 

Poughkeepsie, NY Area.’’ On December 

28, 2009 and January 26, 2011, New 

York supplemented its February 8, 2008 

submittal. The submittals included the 

2002 base year emissions inventory, 

projection year emissions, attainment 

demonstrations, RFP plans, RACM 

analysis, RACT analysis, contingency 

measures and on-road motor vehicle 

emission budgets. New York’s 

attainment demonstration SIP revisions 

are the only subjects of this proposed 

rulemaking. 

EPA has taken several actions on New 

York’s SIP revisions to address the 

requirements of the 1997 8-hour ozone 

standard: 

• On May 28, 2010 (75 FR 29897), 

EPA approved SIP revisions for several 

of New York’s RACT rules for emissions 

of volatile organic compounds to 

address the RACT requirements for the 

1997 8-hour ozone standard. 

• On July 13, 2010 (75 FR 43066), 

EPA conditionally approved New York’s 

8-hour ozone statewide RACT analysis 

and the 8-hour ozone RACM analysis for 

the New York City Metropolitan area. 

The condition was that New York 

submits to EPA the RACT rules 

committed to in New York’s RACT plan, 

which ultimately New York did submit. 

• On August 2, 2010 (75 FR 45057), 

EPA made the finding that the motor 

vehicle emissions budgets for the New 

York portions of the New York City 

Metropolitan area and the Poughkeepsie 

area associated with the respective 

reasonable further progress and 

attainment demonstrations are adequate 

for transportation conformity purposes. 

• On August 18, 2011 (76 FR 51264), 

EPA approved the 2002 statewide base 

year emissions inventory and the 

projection year emissions, the motor 

vehicle emissions budgets used for 

planning purposes, the reasonable 

further progress plan, and the 

contingency measures as they relate to 

the New York City Metropolitan area. 

• On March 8, 2012 (77 FR 13974), 

EPA approved SIP revisions for several 

of New York’s RACT rules for emissions 

of volatile organic compounds to 

address the conditional approval of New 

York’s RACT plan to meet the 

requirements for the 1997 8-hour ozone 

standard. 

New York has submitted all required 

SIP revisions to address the 1997 8-hour 

ozone standard, and has implemented 

all of the emission control measures, 

including contingency measures, 

contained in these SIP revisions. EPA’s 

approval of these SIP revisions, in 

combination with this proposed 

rulemaking action to approve the 

attainment demonstrations for the 1997 

8-hour ozone standard will serve to 

completely address New York’s 

requirements under the 1997 8-hour 

ozone standard. 

IV. What is EPA’s basis for proposing 

to approve the attainment 

demonstrations? 

A. Air Quality Data and Attainment 

Determinations 

With respect to the New York City 

Metropolitan, Philadelphia, and 

Poughkeepsie areas, EPA has evaluated 

the ambient air quality monitoring data 

and has determined that all three areas 

attained the 8-hour ozone standard by 

the required attainment date. 

In a June 18, 2012 Federal Register 

notice (77 FR 36163), EPA made several 

determinations, including two 

determinations regarding the 1997 8- 

hour ozone NAAQS for the New York 

City Metropolitan moderate 

nonattainment area. (Note EPA 

published a technical correction to the 

June 18, 2012 action on August 9, 2012 

(77 FR 47533)). First, EPA made a clean 

data determination that the New York 

City Metropolitan area had attained the 

1997 8-hour ozone NAAQS. This 

determination was based upon 

complete, quality assured and certified 

ambient air monitoring data that 

showed the New York City Metropolitan 

area had monitored attainment of the 

1997 8-hour ozone NAAQS for the 

2007–2009 and 2008–2010 monitoring 

periods. Ambient air monitoring data for 

the 2009–2011 monitoring period is 

consistent with continued attainment. 

Second, pursuant to section 181(b)(2)(A) 

of the CAA, EPA made a determination 

of attainment that the New York City 

Metropolitan area had attained the 1997 

8-hour ozone NAAQS by its attainment 

date of June 15, 2010. 

In a March 26, 2012 Federal Register 

notice (77 FR 17341), EPA made two 

determinations regarding the 1997 8- 

hour ozone NAAQS for the Philadelphia 

moderate nonattainment area. First, EPA 

made a clean data determination that 

the Philadelphia area had attained the 

1997 8-hour ozone NAAQS. This 

determination was based upon 

complete, quality assured and certified 

ambient air monitoring data that 

showed the Philadelphia area had 

monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2008–2010 

monitoring period. Ambient air 

monitoring data for the 2009–2011 

monitoring period is consistent with 

continued attainment. Second, pursuant 

to section 181(b)(2)(A) of the CAA, EPA 

made a determination of attainment that 

the Philadelphia area had attained the 

1997 8-hour ozone NAAQS by its 

attainment date of June 15, 2011. 

On December 7, 2009 (74 FR 63993), 

EPA made a clean data determination 

for the Poughkeepsie area and 

announced the attainment 

determination in the Federal Register. 

The clean data determinations were 

based on 2006–2008 quality-assured and 

certified ozone monitoring data for the 

Poughkeepsie area. Based on complete, 

quality-assured and certified ozone 

monitoring data since the 2006–2008 

monitoring period, the Poughkeepsie 

area continues to show attainment 

through 2011, and with preliminary 

ozone data through 2012. 

While not required, New Jersey and 

New York requested EPA to make these 

determinations in certain 

circumstances. New Jersey requested 

EPA to make a determination that the 

New York City Metropolitan area 

attained the 8-hour ozone NAAQS in a 

letter dated January 19, 2011. New York 

requested EPA to make determinations 

that the New York City Metropolitan 

area and the Poughkeepsie area have 

attained the 8-hour ozone NAAQS in 

letters dated June 16, 2011 and July 30, 

2009, respectively. Copies of these 

rulemakings containing the 

determinations of attainment and the 

clean data determinations are included 

in the Docket (EPA–R02–OAR–2012– 

0840) and available at 

www.regulations.gov. The reader is 

referred to these other rulemakings for 

additional information regarding all of 

the complete, quality-assured and 

certified ozone monitoring data which 

served as the basis for these 

determinations. 

EPA is aware that preliminary 

ambient air quality monitoring data for 

2012 may indicate that the New York 

City Metropolitan and Philadelphia 

areas are no longer attaining the 1997 8- 

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73574 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 

hour ozone NAAQS, while the 

Poughkeepsie area continues to attain 

the 8-hour ozone NAAQS. However, 

2012 monitoring data is not relevant to 

this proposed rulemaking on SIP 

revisions which demonstrate how the 

states met their plan to attain the 1997 

8-hour ozone standard by the June 15, 

2010 attainment date (June 15, 2011 for 

the Philadelphia area). Based on data 

through 2011, these areas are attaining 

the 1997 8-hour ozone NAAQS. EPA has 

a continuing obligation to review the air 

quality data each year to determine 

whether areas are meeting the NAAQS 

and will continue to conduct that 

review in the future after data is 

complete, quality-assured, certified and 

submitted to EPA. 

Lastly, pursuant to 40 CFR 51.918, 

these determinations suspend the 

requirements for various SIP items, 

including, the requirement to submit an 

attainment demonstration, an RFP plan, 

and section 172(c)(9) contingency 

measures for the eight-hour ozone 

NAAQS for so long as the area 

continues to attain the ozone NAAQS. 

However, section 110(k)(2) of the CAA 

requires EPA to take action on any 

administratively complete SIP revision 

submittal within 12 months of the SIP 

being deemed complete. Therefore, 

while the clean data determinations 

suspend the state’s obligation to submit 

the attainment demonstration SIP 

revision, the determinations do not 

suspend EPA’s obligation to take action 

on the SIP revision if it has been 

submitted by the state and deemed to be 

complete. EPA was sued by Sierra Club 

to take final action on these particular 

attainment demonstration SIP revisions 

((see Sierra Club v. Jackson, Civil Action 

No. 11–2180–RBW) (D.D.C.)). EPA is 

proposing to take such final action in 

this notice. The proposed rulemaking is 

intended to address EPA’s obligations. 

B. Components of the Modeled 

Attainment Demonstrations 

Section 110(a)(2)(k) of the Act 

requires states to prepare air quality 

modeling to demonstrate how they will 

meet ambient air quality standards. EPA 

determined that states must use 

photochemical grid modeling, or any 

other analytical method determined by 

the Administrator to be at least as 

effective, to demonstrate attainment of 

the ozone health-based standard in areas 

classified as ‘‘moderate’’ or above, and 

to do so by the required attainment date. 

See 40 CFR 51.908(c). EPA requires an 

approvable attainment demonstration, 

showing that attainment will occur by 

the attainment deadline, using air 

quality modeling that meets EPA’s 

guidelines and a ‘weight of evidence’ 

analysis that uses a variety of 

information to determine if the results 

of the modeling analysis are supported 

by supplemental information or need to 

be modified. 

New Jersey submitted an attainment 

demonstration for the New York City 

Metropolitan and Philadelphia areas 

that included a modeling analysis and a 

two-part weight of evidence analysis, 

which the State said would result in 

attainment by the attainment date. The 

modeling analysis predicted continued 

nonattainment by 2009. The first part of 

the weight of evidence analysis 

included adjustments to the modeling 

results to account for model bias. The 

second part of the weight of evidence 

analysis included an evaluation of 

additional factors that would support a 

conclusion that attainment will be 

reached by 2009, despite the conclusion 

of the adjusted modeling analysis that 

predicted continued nonattainment by 

2009. 

New York submitted an attainment 

demonstration for the New York City 

Metropolitan and Poughkeepsie areas 

that included a modeling analysis and a 

weight of evidence analysis. With 

respect to the New York City 

Metropolitan area, New York’s modeling 

analysis predicted continued 

nonattainment by 2009. Based on the 

measured ozone levels at the time 

(2007), New York did not support a 

weight of evidence conclusion that 

attainment will be reached by 2009. 

With respect to the Poughkeepsie area, 

New York’s modeling analysis predicted 

attainment by 2009. 

EPA determined that the 

photochemical grid modeling conducted 

by the states was consistent with EPA’s 

guidelines and the model performed 

acceptably. Taking into account that 

EPA made clean data determinations 

and determinations of attainment of the 

1997 8-hour ozone NAAQS attainment 

date for the New York City 

Metropolitan, Philadelphia and 

Poughkeepsie areas, EPA is proposing to 

approve New Jersey’s and New York’s 

demonstrations of attainment of the 

1997 8-hour ozone standard for these 

three moderate nonattainment areas. 

In addition, as noted earlier, EPA has 

already approved the RFP plans for the 

New York City Metropolitan and 

Philadelphia areas. Given the fact that 

these areas attained the ozone standard 

by the attainment date suggests that the 

RFP plans may have been sufficient for 

the moderate nonattainment areas to 

reach attainment. These RFP plans 

contained corresponding emission 

control measures and the states 

developed and adopted additional 

control measures to ensure attainment 

of the ozone standard by the attainment 

date. All of the control measures that 

were relied on for attainment and 

contained in the RFP plans were 

submitted as SIP revisions and 

approved by EPA. Therefore, the 

demonstration of attainment for the 

New York City Metropolitan, 

Philadelphia and Poughkeepsie areas in 

New Jersey and New York SIPs are 

approvable because New Jersey and 

New York each adopted all of the 

control measures in its ozone plans. 

C. EPA’s Evaluation 

In summary, the basic photochemical 

grid modeling used by New Jersey and 

New York in its SIP submittal meets 

EPA’s guidelines and, when used with 

the methods recommended in EPA’s 

modeling guidance, is acceptable to 

EPA. Air quality data through 2011 

supports the states’ conclusions that the 

areas will demonstrate attainment of the 

8-hour ozone standard by the attainment 

date. The purpose of the attainment 

demonstration is to show how the areas 

will meet the standard by the attainment 

date. All the control measures included 

in the attainment demonstration SIPs 

have already been adopted, submitted, 

approved and implemented. Based on 

(1) the states following EPA’s modeling 

guidance, (2) the air quality data 

through 2011, (3) the areas attaining the 

standard by the attainment date, and (4) 

the implemented SIP approved control 

measures, EPA is proposing to approve 

the New Jersey and New York 

attainment demonstration SIP revisions. 

V. What is EPA’s conclusion? 

EPA has evaluated New Jersey’s and 

New York’s submittals for consistency 

with the Act, EPA regulations, and EPA 

policy. EPA has evaluated the 

information provided by New Jersey and 

New York and has considered all other 

information it deems relevant to 

attainment of the 1997 8-hour ozone 

standard, i.e., clean data determinations, 

determinations that these areas attained 

the standard by the applicable 

attainment date, statewide RACT 

analysis approval, reasonable further 

progress plan approvals (including all 

applicable control strategy regulations), 

continued attainment of the 1997 8-hour 

ozone standard based on quality assured 

and certified monitoring data, and the 

implementation of the more stringent 

2008 8-hour ozone standard. EPA is 

therefore proposing to approve the 

attainment demonstrations for the New 

York City Metropolitan, Philadelphia 

and Poughkeepsie 1997 8-hour ozone 

moderate nonattainment areas. 

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Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Proposed Rules 73575 

1On November 5, 2012, EPA initiated the 

comment period for this proposed insignificance 

determination on the Office of Transportation and 

Air Quality (OTAQ) Web site (http://www.epa.gov/ 

otaq/stateresources/transconf/currsips.htm) in 

order to allow for a full 30 day public comment 

period in conjunction with this proposed 

rulemaking. 

VI. 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 

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 (Public Law 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: November 26, 2012. 

Judith Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2012–29896 Filed 12–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2012–0368; FRL–9761–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Redesignation of the West 

Virginia Portion of the Wheeling, WV– 

OH 1997 Annual Fine Particulate Matter 

(PM2.5) Nonattainment Area to 

Attainment and Approval of the 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a redesignation request and State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The West Virginia Department of 

Environmental Protection (WVDEP) is 

requesting that the West Virginia 

portion of the Wheeling, WV–OH fine 

particulate matter (PM2.5) nonattainment 

area (‘‘Wheeling Area’’ or ‘‘Area’’) be 

redesignated as attainment for the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS). The 

Wheeling Area is comprised of Marshall 

and Ohio Counties in West Virginia and 

Belmont County in Ohio. In conjunction 

with its redesignation request, West 

Virginia submitted a SIP revision 

consisting of a maintenance plan for the 

West Virginia portion of the Area that 

provides for continued attainment of the 

1997 annual PM2.5 NAAQS for at least 

10 years after redesignation. The 

maintenance plan includes the 2005 

base year emissions inventory that EPA 

is proposing to approve in this 

rulemaking in accordance with the 

requirements of the Clean Air Act 

(CAA). The maintenance plan also 

includes an insignificance 

determination for the onroad motor 

vehicle contribution of PM2.5, nitrogen 

oxides (NOX) and sulfur dioxide (SO2) 

for the West Virginia portion of the 

Area. It should be noted that EPA has 

already initiated a comment period on 

the proposed insignificance 

determination for the West Virginia 

portion of the Area on the Web site for 

the Office of Transportation and Air 

Quality (OTAQ) to allow for a 30-day 

review of this proposed insignificance 

determination in conjunction with this 

proposed rulemaking.1 EPA is 

proposing to find that West Virginia’s 

insignificance determination for 

transportation conformity is adequate. 

EPA previously determined that the 

West Virginia portion of the Wheeling 

Area has attained the 1997 annual PM2.5

NAAQS, and EPA is proposing to find 

that the Area continues to attain the 

standard. This action to propose 

approval of the 1997 annual PM2.5

NAAQS redesignation request, the 

maintenance plan, the 2005 base year 

emissions inventory, and insignificance 

determination for transportation 

conformity for the West Virginia portion 

of the Area is based on EPA’s 

determination that the Area has met the 

criteria for redesignation to attainment 

specified in the CAA. EPA is taking 

separate action to propose redesignation 

for the Ohio portion of the Wheeling 

Area. 

DATES: Written comments must be 

received on or before January 10, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0368 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0368, 

Donna Mastro, Acting Associate 

Director, Office of Air Quality 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–OAR–2012– 

0368. EPA’s policy is that all comments 

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