Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 40083 

List of Subjects 

40 CFR Part 50 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur oxides. 

40 CFR Part 51 

Air pollution control, 

Intergovernmental relations, Ozone, 

Particulate matter, Transportation, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7409; 42 U.S.C. 7410; 

42 U.S.C. 7511–7511f; 42 U.S.C. 7601(a)(1). 

Dated: August 4, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–19190 Filed 8–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0311; FRL–8941–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revised Motor Vehicle 

Emission Budgets for the Scranton/ 

Wilkes-Barre 8-Hour Ozone 

Maintenance Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision amends the 

8-hour ozone maintenance plan for the 

Scranton/Wilkes-Barre Area 8-Hour 

Ozone Maintenance Area (the Area). 

This revision amends the maintenance 

plan’s 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) by 

unequally dividing the existing 

approved MVEBs which covers the 

entire maintenance area into three subregional MVEBs, one set of MVEBs for 

each county comprising the area. The 

revised plan continues to demonstrate 

maintenance of the 8-hour national 

ambient air quality standard (NAAQS) 

for ozone. EPA is approving this SIP 

revision to the Pennsylvania 

maintenance plan for the Scranton/ 

Wilkes-Barre Area in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on October 

13, 2009 without further notice, unless 

EPA receives adverse written comment 

by September 10, 2009. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0311 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: febbo.carol@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0311, 

Carol Febbo, Chief, Energy, Radiation 

and Indoor Environment Branch, 

Mailcode 3AP23, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previously 

listed 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–2009– 

0311. 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 e-mail. 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 e-mail 

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. 

Docket: All documents in the 

electronic docket are listed in the 

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 in 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 State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by 

e-mail at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background 

II. Summary of Pennsylvania’s SIP Revision 

and EPA’s Review 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On November 11, 2007 (72 FR 64948) 

EPA redesignated the Scranton/WilkesBarre area of Pennsylvania to attainment 

for the 8-hour ozone NAAQS. For this 

area, the redesignation included 

approval of an 8-hour ozone 

maintenance plan, which identifies onroad MVEBs for Volatile Organic 

Compounds (VOCs) and Nitrous Oxides 

(NOX), which are ozone precursors, 

which are then used for transportation 

planning and conformity purposes. 

There are three separate metropolitan 

planning organizations (MPOs) in this 

maintenance area—one for Lackawana 

and Luzerne Counties, one for Monroe 

County and one for Wyoming County, 

with individual responsibility for doing 

transportation conformity within their 

respective planning boundaries within 

the Area. Pennsylvania has unequally 

divided the existing MVEBs and created 

sub-regional MVEBs for each MPO to 

better accommodate the transportation 

planning and conformity processes 

within the Area. 

II. Summary of Pennsylvania’s SIP 

Revision and EPA’s Review 

On April 21, 2008, the State of 

Pennsylvania submitted to EPA a formal 

revision to its State Implementation 


jlentini on DSKJ8SOYB1PROD with RULES
40084 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 

Plan (SIP). The SIP revision proposes 

new MVEBs to reflect the reallocation of 

the existing overall MVEBS for the 

maintenance area. By reallocating the 

MVEBs, the Pennsylvania Department of 

Environmental Protection (PADEP) is 

ensuring that transportation conformity 

can be demonstrated in the Scranton/ 

Wilkes-Barre area. The April 21, 2008 

submittal still ensures maintenance of 

the NAAQS for ozone for the Scranton/ 

Wilkes-Barre area. 

The following table lists the 

previously approved MVEBs and the 

proposed reallocation of the MVEBs into 

sub-regional budgets for the Scranton/ 

Wilkes-Barre area. 

SCRANTON/WILKES-BARRE AREA REALLOCATION OF THE MVEBS INTO SUB-REGIONAL BUDGETS

Current MVEBs in the approved maintenance plan—all counties 

(tons/day) 

2004 base 

year 

2009 

projection 

2018 

projection 

VOC ............................................................................................................................................. 31.6 25.2 16.9 

NOX .............................................................................................................................................. 66.1 48.3 23.7 

Proposed MVEBs in the Revised Maintenance Plan 

(tons/day) 1

2009 budget 2018 budget 

Lackawana-Luzerne Counties 

VOC ......................................................................................................................................................................... 17.99 11.8 

NOX .......................................................................................................................................................................... 34.58 16.7 

Monroe County 

VOC ......................................................................................................................................................................... 6.19 4.64 

NOX .......................................................................................................................................................................... 12.16 6.36 

Wyoming County 

VOC ......................................................................................................................................................................... 0.99 0.54 

NOX .......................................................................................................................................................................... 1.54 0.68 

1 Due to rounding, some of the new reallocated budgets, if combined, are insignificantly different than the previously approved mobile budgets 

for the entire area. This slight difference will still ensure maintenance of the 8-hour ozone attainment as the combined MVEBs are still lower than 

the attainment year budgets. 

EPA is approving the 2009 and 2018 

MVEBs for VOCs and NOX emissions 

listed above in Table 1 as the new 

MVEBs for transportation conformity 

planning. 

III. Final Action 

EPA is approving Pennsylvania’s 

April 21, 2008 SIP revision submittal 

which amends the 8-hour ozone 

maintenance plans for the Scranton/ 

Wilkes Barre area. This revision 

unequally divides the previously 

approved 2009 and 2018 MVEBs to 

create sub-regional MVEBs for the two 

counties comprising the area. EPA is 

approving this SIP revision because the 

April 21, 2008 submittal continues to 

demonstrate maintenance of the 8-hour 

ozone NAAQS with the aggregated subregional MVEBs. EPA is publishing this 

rule without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment, since no significant adverse 

comments were received on the SIP 

revision at the State level. However, in 

the Proposed Rules section of today’s 

Federal Register, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

adverse comments are filed. This rule 

will be effective on October 13, 2009 

without further notice unless EPA 

receives adverse comment by September 

10, 2009. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 40085 

• 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. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 13, 2009. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action to approve the Scranton/ 

Wilkes-Barre revised maintenance plan 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 28, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by revising the entry 

for the 8-Hour Ozone Maintenance Plan 

and 2002 Base Year Emissions Inventory 

for the Scranton/Wilkes Barre, PA Area 

to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional 

explanation 

* * * * * * * 

8-Hour Ozone Maintenance Plan and 

2002 Base Year Emissions Inventory.

Scranton/Wilkes-Barre Area: Lackawanna, Luzerne, Monroe and Wyoming Counties.6/12/07 11/14/07, 72 FR 64948.

4/21/08 8/11/09, [Insert page number where the document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. E9–18867 Filed 8–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–8942–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final Notice of Deletion of 

the Delilah Road Landfill, Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is publishing a 

direct final Notice of Deletion of the 

Delilah Road Landfill, Superfund Site 

(Site), located in Egg Harbor Township, 

New Jersey, from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 


jlentini on DSKJ8SOYB1PROD with RULES