Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices 76143 

1EPA issued conformity regulations to implement 

the 1997 PM2.5 NAAQS in July 2004 and May 2005 

(69 FR 40004, July 1, 2004 and 70 FR 24280, May 

6, 2005, respectively). Those actions were not part 

of the final rule recently remanded to EPA by the 

Court of Appeals for the District of Columbia in 

NRDC v. EPA, No. 08–1250 (Jan. 4, 2013), in which 

the Court remanded to EPA the implementation 

rule for the PM2.5 NAAQS because it concluded that 

EPA must implement that NAAQS pursuant to the 

PM-specific implementation provisions of subpart 4 

of Part D of Title I of the CAA, rather than solely 

under the general provisions of subpart 1. 

must use the out-year 2012 MVEBs from 

the April 25, 2012 Attainment Plan for 

future conformity determinations in the 

Delaware portion of the PhiladelphiaWilmington-New Jersey 1997 PM2.5

NAAQS nonattainment area. Receipt of 

the submittal was announced on EPA’s 

transportation conformity Web site. No 

comments were received. The findings 

letter is available at EPA’s conformity 

Web site: http://www.epa.gov/otaq/

stateresources/transconf/adequacy.htm. 

The adequate direct PM and nitrogen 

oxides (NOX) MVEBs are provided in 

Table 1. 

TABLE 1. DELAWARE PORTION OF THE

PHILADELPHIA-WILMINGTON-NEW

JERSEY 1997 PM2.5 NAAQS ATTAINMENT DEMONSTRATION MVEBS

FOR DIRECT PM AND NOX

Budget 

years 

Mobile vehicle 

emissions 

budget for 

direct PM-tons 

per year 

Mobile vehicle 

emissions 

budget for 

NOX-tons per 

year 

2009 .......... 257 8,448 

2012 .......... 199 6,273 

Transportation conformity is required 

by section 176(c) of the Clean Air Act 

(CAA). EPA’s conformity rule requires 

that transportation plans, transportation 

improvement programs, and projects 

conform to SIPs and establishes the 

criteria and procedures for determining 

whether or not they do. Conformity to 

a SIP means that transportation 

activities will not produce new air 

quality violations, worsen existing 

violations, or delay timely attainment of 

the national ambient air quality 

standards. 

The criteria by which we determine 

whether a SIP’s MVEBs are adequate for 

conformity purposes are outlined in 40 

CFR 93.118(e)(4). EPA described the 

process for determining the adequacy of 

submitted SIP budgets in a July 1, 2004 

preamble starting at 69 FR 40038 and 

used the information in these resources 

in making this adequacy determination. 

Delaware did not provide emission 

budgets for sulfur dioxide (SO2), volatile 

organic compounds (VOCs), or ammonia 

for the Delaware portion of the 

Philadelphia-Wilmington-New Jersey 

nonattainment area because it 

concluded that emissions of these 

precursors from motor vehicles are not 

significant contributors to the area’s 

PM2.5 air quality problem. The 

transportation conformity rule provision 

at 40 CFR 93.102(b)(2)(v) indicates that 

conformity does not apply for these 

precursors, due to the lack of MVEBs for 

these precursors and the State’s 

conclusion that motor vehicle emissions 

of SO2, VOCs, and ammonia do not 

contribute significantly to the area’s 

PM2.5 nonattainment problem. This 

provision of the transportation 

conformity rule predates and was not 

disturbed by the January 4, 2013 

decision in the litigation on the PM2.5

implementation rule.1 EPA has 

preliminarily concluded that the State’s 

decision to not include budgets for SO2, 

VOCs, and ammonia is consistent with 

the requirements of the transportation 

conformity rule. That decision does not 

affect EPA’s adequacy finding for the 

submitted direct PM and NOX MVEBs 

for the Delaware portion of the 

Philadelphia-Wilmington-New Jersey 

nonattainment area. 

Please note that an adequacy review 

is separate from EPA’s completeness 

review, and should not be used to 

prejudge EPA’s ultimate approval action 

for the SIP. Even if EPA finds a budget 

adequate, the SIP could later be 

disapproved. The finding and the 

response to comments are available at 

EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/

transconf/adequacy.htm. 

Authority: 42 U.S.C. 7401–7671q. 

Dated: November 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–29808 Filed 12–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9904–16–Region–2] 

Proposed CERCLA Settlement Relating 

to the Paul’s Tank Cleaning Service 

Superfund Site, Burlington County, 

New Jersey 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of proposed 

administrative settlement and 

opportunity for public comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), notice 

is hereby given by the U.S. 

Environmental Protection Agency 

(‘‘EPA’’), Region 2, of a proposed 

Administrative Settlement Agreement 

for Recovery of Past and Future 

Response Costs (‘‘Agreement’’) pursuant 

to Section 122(h)(1) of CERCLA, with 

SKF USA, Inc. (‘‘Settling Party’’). The 

Settling Party is a potentially 

responsible party, pursuant to Section 

107(a) of CERCLA, and thus is 

potentially liable for response costs 

incurred at or in connection Paul’s Tank 

Cleaning Service Superfund Site 

(‘‘Site’’), located in Burlington County, 

New Jersey. Under the Agreement, the 

Settling Party agrees to pay a total of 

$100,000.00 to EPA for past and future 

response costs. EPA will consider all 

comments received and may modify or 

withdraw its consent to the Agreement 

if comments received disclose facts or 

considerations that indicate that the 

proposed Agreements are inappropriate, 

improper, or inadequate. EPA’s 

response to any comments received will 

be available for public inspection at 

EPA Region 2 offices, 290 Broadway, 

New York, New York 10007–1866. 

DATES: Comments must be provided by 

January 15, 2014. 

ADDRESSES: The Agreement is available 

for public inspection at EPA Region 2 

offices at 290 Broadway, New York, 

New York 10007–1866. Comments 

should reference the Paul’s Tank 

Cleaning Service Superfund Site, 

located in Burlington County, New 

Jersey, Index No. CERCLA–02–2013– 

2022. To request a copy of the 

Agreements, please contact the EPA 

employee identified below. 

FOR FURTHER INFORMATION CONTACT: 

William J. Reilly, Jr., Assistant Regional 

Counsel, New Jersey Superfund Branch, 

Office of Regional Counsel, U.S. 

Environmental Protection Agency, 290 

Broadway—17th Floor, New York, New 

York 10007–1866. Telephone: 212–637– 

3154, email at reilly.williamj@epa.gov. 

Dated: November 27, 2013. 

Walter E. Mugdan, 

Director, Emergency and Remedial Response 

Division. 

[FR Doc. 2013–29807 Filed 12–13–13; 8:45 am] 

BILLING CODE 6560–50–P 


pmangrum on DSK3VPTVN1PROD with NOTICES