Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17341 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

Nevada Regional Haze State 

Implementation Plan (October 2009), excluding the 

BART determination and the 

associated emission limits 

for NOX at Reid Gardner 

Generating Station in sections 5.5.3, 5.6.3 and 7.2.

State-wide .............................. 11/18/09 [Insert page number where 

the document begins 3/26/ 

12].

Excluding Appendix A (‘‘Nevada BART Regulation’’). 

The Nevada BART regulation, including NAC 

445B.029, 445B.22095, 

and 445B.22096, is listed 

above in 40 CFR 

52.1470(c). 

* * * * * * * 

■ 3. Section 52.1488 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1488 Visibility protection. 

* * * * * 

(e) Approval. On November 18, 2009, 

the Nevada Division of Environmental 

Protection submitted the ‘‘Nevada 

Regional Haze State Implementation 

Plan.’’ With the exception of the BART 

determination and the associated 

emission limits for NOX at Reid Gardner 

Generating Station in sections 5.5.3, 

5.6.3 and 7.2, the Nevada Regional Haze 

State Implementation Plan, as 

supplemented and amended on 

February 18, 2010 and September 20, 

2011, meets the applicable requirements 

of Clean Air Act sections 169A and 

169B and the Regional Haze Rule in 40 

CFR 51.308. 

■ 4. Add a new § 52.1491 to read as 

follows: 

§ 52.1491 Interstate transport. 

(a) Approval. On February 7, 2007, 

the Nevada Division of Environmental 

Protection submitted the ‘‘Nevada State 

Implementation Plan for Interstate 

Transport to Satisfy the Requirements of 

the Clean Air Act 110(a)(2)(D)(i) for the 

8-hour Ozone and PM2.5 NAAQS 

Promulgated in July 1997’’ (‘‘2007 

Interstate Transport SIP’’). The 2007 

Interstate Transport SIP meets the 

requirements of Clean Air Act section 

110(a)(2)(D)(i) for the 1997 8-hour ozone 

and 1997 PM2.5 NAAQS other than the 

requirements of Clean Air Act section 

110(a)(2)(D)(i)(II) regarding interference 

with other states’ measures to protect 

visibility. 

(b) Approval. The requirements of 

Clean Air Act section 110(a)(2)(D)(i)(II) 

regarding interference with other states’ 

measures to protect visibility for the 

1997 8-hour ozone and 1997 PM2.5

NAAQS are met by the ‘‘Nevada 

Regional Haze State Implementation 

Plan,’’ as supplemented and amended 

on February 18, 2010 and September 20, 

2011. 

[FR Doc. 2012–7025 Filed 3–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0713; FRL–9652–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, Maryland, New Jersey, and 

Pennsylvania; Determinations of 

Attainment of the 1997 8-Hour Ozone 

Standard for the PhiladelphiaWilmington-Atlantic City Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations regarding the 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area). First, EPA is determining that the 

Philadelphia Area has attained the 1997 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data that show the area 

has monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2008–2010 

monitoring period. In accordance with 

EPA’s applicable ozone implementation 

rule, this clean data determination 

suspends the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan 

and contingency measures related to 

attainment of the 1997 8-hours ozone 

NAAQS. These requirements shall be 

suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. Second, EPA is 

determining that the Philadelphia Area 

has attained the 1997 8-hour ozone 

NAAQS by its attainment date of June 

15, 2011. These actions are being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on April 25, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0713. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning EPA’s 

proposed action related to Delaware, 

Maryland or Pennsylvania, please 

contact Maria A. Pino (215) 814–2181, 

or by email at pino.maria@epa.gov. If 

you have questions concerning EPA’s 

proposed action related to New Jersey, 

please contact Paul Truchan (212) 637– 

3711, or by email at 

truchan.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this action. 

I. Background 

II. Summary of Actions 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA published a notice of proposed 

rulemaking (NPR) for the States of 

Delaware, Maryland, and New Jersey 


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17342 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

1The NPR cited CAA sections 181(b)(2)(A) and 

179(c) as giving EPA the statutory authority for 

determining whether the Philadelphia Area attained 

the 1997 8-hour ozone NAAQS by its attainment 

date. In this final notice, EPA is correcting that 

statement to clarify that here the appropriate 

statutory authority derives from section 

181(b)(2)(A). 

2 In the NPR, EPA stated that its obligations to 

determine if an area attained the 1997 8-hour 

NAAQS by its attainment was found under CAA 

sections 181(b)(2)(A) and 179. EPA notes that for an 

area such as Philadelphia, which is designated 

moderate nonattainment for the 1997 8-hour ozone 

standard, the proper citation is CAA section 

181(b)(2)(A). 

and the Commonwealth of Pennsylvania 

(the States) on December 9, 2011 (76 FR 

76929). Pursuant to section 

181(b)(2)(A) 1 of the CAA, the December 

9, 2011 NPR proposed to determine that 

the Philadelphia Area attained the 1997 

8-hour ozone NAAQS by its attainment 

date, June 15, 2011. This proposed 

determination was based upon 

complete, quality assured, and certified 

ambient air monitoring data for the 

2008–2010 monitoring period that show 

the Philadelphia Area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS during this monitoring period. 

Preliminary ambient air monitoring data 

for the 2009–2011 monitoring period is 

consistent with continued attainment. 

The December 9, 2011 NPR also 

proposed to make a clean data 

determination that the Philadelphia 

Area has attained the 1997 8-hour ozone 

NAAQS. This proposed clean data 

determination was based upon 

complete, quality assured, and certified 

ambient air monitoring data that show 

the Philadelphia Area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2008–2010 monitoring 

period. As a result of this determination, 

the requirement for the Philadelphia 

Area to submit an attainment 

demonstration, a RACM analysis, an 

RFP plan, contingency measures, and 

other planning requirements related to 

attainment of the 1997 8-hours ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

8-hour ozone NAAQS. 

In that same December 9, 2011 

rulemaking notice, EPA withdrew the 

May 8, 2009 proposed disapprovals of 

the attainment demonstrations for the 

Philadelphia Area, based on the ambient 

air quality monitoring data 

demonstrating attainment. The Docket 

ID Numbers for the proposed 

disapprovals are EPA–R03–OAR–2008– 

0930, EPA–R03–OAR–2008–0929, EPA– 

R02–OAR–2008–0497, and EPA–R03– 

OAR–2008–0928, respectively. See 74 

FR 21599, 74 FR 21588, 74 FR 21578, 

and 74 FR 21604, respectively. 

II. Summary of Actions 

A. Determination of Attainment by the 

Attainment Date 

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. 

However, the Philadelphia Area 

qualified for a one-year 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. 

EPA is making a determination that 

the Philadelphia Area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2011. As a 

result of this action, EPA has met its 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality as of the attainment 

date, whether the area attained the 

standard by that date. The effect of this 

final determination of attainment by the 

area’s attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2)(A) 2 to establish that, in 

accordance with CAA section 

181(b)(2)(A), the area will not be 

reclassified for failure to attain by its 

applicable attainment date. This 

determination of attainment is not 

equivalent to a redesignation. The States 

must still meet the statutory 

requirements for redesignation in order 

to be redesignated to attainment. 

B. Clean Data Determination 

EPA is making a clean data 

determination, finding that the 

Philadelphia Area is attaining the 1997 

8-hour ozone NAAQS. Under the 

provisions of EPA’s ozone 

implementation rule (See 40 CFR 

51.918), this clean data determination 

suspends the CAA requirement for the 

Philadelphia Area to submit certain 

planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. This clean data 

determination is not equivalent to a 

redesignation. The States must still meet 

the statutory requirements for 

redesignation in order to be 

redesignated to attainment. 

The clean data determination 

suspends the requirements to submit an 

attainment demonstration, RACM, RFP, 

contingency measures, and other 

planning elements related to attainment 

of the 1997 8-hour ozone NAAQS. This 

suspension continues until such time, if 

any, that EPA (i) redesignates the area 

to attainment at which time those 

requirements no longer apply, or (ii) 

subsequently determines that the area 

has violated the 1997 8-hour ozone 

NAAQS. This clean data determination 

is separate from, and does not influence 

or otherwise affect, any future 

designation determination or 

requirements for the area based on any 

new or revised ozone NAAQS. This 

clean data determination remains in 

effect regardless of whether EPA 

designates the Philadelphia Area as a 

nonattainment area for purposes of any 

new or revised ozone NAAQS. 

Although these requirements are 

suspended, EPA is not precluded from 

acting upon these elements. The States 

of Delaware and Maryland, and the 

Commonwealth of Pennsylvania 

submitted these SIP elements for their 

portions of the Philadelphia Area to 

EPA for review and approval in June 

2007. The State of New Jersey submitted 

these SIP elements for its portion of the 

Philadelphia Area to EPA for review 

and approval in October 2007. EPA 

approved each state’s RFP plans, RFP 

contingency measures, and RACM 

analyses for the Philadelphia Area in 

separate rulemaking actions. Therefore, 

these requirements have been fulfilled. 

EPA approved the RFP plans, RFP 

contingency measures, and RACM 

analyses from Delaware, Maryland, New 

Jersey, and Pennsylvania on April 8, 

2010, June 11, 2010, May 15, 2009, and 

February 7, 2011, respectively. See 75 

FR 17863, 75 FR 33172, 74 FR 22837, 

and 76 FR 6559. 

C. Ambient Air Quality Monitoring Data 

Complete, quality assured, certified 8- 

hour ozone air quality monitoring data 

for 2008 through 2010 show that the 

Philadelphia Area has attained the 1997 

8-hour ozone NAAQS. Additional 

information on air quality data for the 

Philadelphia Area can be found in the 

Technical Support Document (TSD) 

prepared for this action. The TSD can be 

viewed at http://www.regulations.gov. 

The rationale for EPA’s proposed action 

is explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is making two determinations 

regarding the Philadelphia Area. First, 

EPA is making a clean data 

determination, finding that the 

Philadelphia Area has attained the 1997 

8-hour ozone NAAQS. This clean data 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data that show the area 

has monitored attainment of the 1997 8- 


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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17343 

hour ozone NAAQS for the 2008–2010 

monitoring period. This clean data 

determination suspends the 

requirements for the Philadelphia Area 

to submit an attainment demonstration 

and associated RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 1997 8-hours ozone 

NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. Second, pursuant to 

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

making a determination that the 

Philadelphia Area has attained the 1997 

8-hour ozone NAAQS by its attainment 

date, June 15, 2011. 

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 May 25, 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 determination 

that the Philadelphia Area has attained 

the 1997 8-hour ozone NAAQS 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, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: February 22, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

Dated: March 6, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

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 I—Delaware 

■ 2. Section 52.425 is added to read as 

follows: 

§ 52.425 Determinations of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

■ 3. Section 52.426 is amended by 

adding paragraph (i) to read as follows: 

§ 52.426 Control strategy plans for 

attainment and rate-of-progress: ozone. 

* * * * * 

(i) Determination of attainment. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

Subpart V—Maryland 

■ 4. Section 52.1076 is amended by 

adding paragraph (x) to read as follows: 


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17344 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: ozone. 

* * * * * 

(x) Determination of attainment. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

■ 5. Section 52.1082 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(d) Based upon EPA’s review of the 

air quality data for the 3-year period 

2008 to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

Subpart FF—New Jersey 

■ 6. Section 52.1576 is added to read as 

follows: 

§ 52.1576 Determinations of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

■ 7. Section 52.1582 is amended by 

adding paragraph (n) to read as follows: 

§ 52.1582 Control strategy and 

regulations: Ozone. 

* * * * * 

(n) Attainment determination. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

Subpart NN—Pennsylvania 

■ 8. Section 52.2037 is amended by 

adding paragraph (r) to read as follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(r) Determination of attainment. EPA 

has determined, as of March 26, 2012, 

that based on 2008 to 2010 ambient air 

quality data, Philadelphia-WilmingtonAtlantic City, PA–NJ–MD–DE 8-hour 

ozone moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual 8- 

hour ozone NAAQS. 

■ 9. Section 52.2056 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

(f) Based upon EPA’s review of the air 

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

[FR Doc. 2012–7196 Filed 3–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0776; FRL–9651–3] 

RIN–2060–AR20 

Protection of Stratospheric Ozone: 

Amendment to HFO-1234yf SNAP Rule 

for Motor Vehicle Air Conditioning 

Sector 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is taking direct 

final action to revise one of the use 

conditions required for use of 

hydrofluoroolefin (HFO)-1234yf 

(2,3,3,3-tetrafluoroprop-1-ene), a 

substitute for ozone-depleting 

substances (ODSs) in the motor vehicle 

air conditioning end-use within the 

refrigeration and air conditioning sector, 

to be acceptable subject to use 

conditions under EPA’s Significant New 

Alternatives Policy (SNAP) program. 

The revised use condition incorporates 

by reference a revised standard from 

SAE International. 

DATES: This rule is effective on May 21, 

2012 without further notice, unless EPA 

receives adverse comment or receives a 

request for a public hearing by April 23, 

2012. If we receive adverse comment or 

a request for a public hearing, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that all or part of this rule will not take 

effect. The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register as of May 21, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA- HQ– 

OAR- 2011–0776 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Comments may be sent by 

electronic mail (email) to a-and-rVerDate Mar<15>2010 17:40 Mar 23, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26MRR1.SGM 26MRR1

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