28782 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule 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). This rule will be effective upon 

publication in the Federal Register. 

IX. Statutory Authority 

The statutory authority for this action 

is provided by the CAA, as amended (42 

U.S.C. 7401, et seq.); relevant provisions 

of the CAA include, but are not limited 

to sections 182(b)(3), 202(a)(6), 

301(a)(1), and 307(b), and 307(d)(42 

U.S.C. 7511a(b)(3), 7521(a)(6), 

7601(a)(1), 7607(b), and 7607(d)). 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Particulate 

matter, Volatile organic compounds. 

Dated: May 9, 2012. 

Lisa P. Jackson, 

Administrator. 

For reasons set forth in the preamble, 

part 51 of chapter I of title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS. 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart G—[Amended] 

■ 2. Section 51.126 is added to read as 

follows: 

§ 51.126 Determination of widespread use 

of ORVR and waiver of CAA section 

182(b)(3) Stage II gasoline vapor recovery 

requirements. 

(a) Pursuant to section 202(a)(6) of the 

Clean Air Act, the Administrator has 

determined that, effective May 16, 2012, 

onboard refueling vapor recovery 

(ORVR) systems are in widespread use 

in the motor vehicle fleet within the 

United States. 

(b) Effective May 16, 2012, the 

Administrator waives the requirement 

of Clean Air Act section 182(b)(3) for 

Stage II vapor recovery systems in ozone 

nonattainment areas regardless of 

classification. States must submit and 

receive EPA approval of a revision to 

their approved State Implementation 

Plans before removing Stage II 

requirements that are contained therein. 

[FR Doc. 2012–11846 Filed 5–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0714; FRL–9670–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, New Jersey, and 

Pennsylvania; Determinations of 

Attainment of the 1997 Annual Fine 

Particulate Standard for the 

Philadelphia-Wilmington 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations regarding the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particulate (PM2.5) nonattainment 

area (the Philadelphia Area). First, EPA 

is making a determination that the 

Philadelphia Area has attained the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS) by its 

attainment date of April 5, 2010. This 

determination is based upon quality 

assured and certified ambient air 

monitoring data that show the area 

monitored attainment of the 1997 

annual PM2.5 NAAQS for the 2007–2009 

monitoring period. Second, EPA is 

making a clean data determination, 

finding that the Philadelphia Area has 

attained the 1997 PM2.5 NAAQS, based 

on quality assured and certified ambient 

air monitoring data for the 2007–2009 

and 2008–2010 monitoring periods. In 

accordance with EPA’s applicable PM2.5

implementation rule, this determination 

suspends the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, reasonably 

available control measures/reasonably 

available control technology (RACM/ 

RACT), a reasonable further progress 

(RFP) plan, and contingency measures 

related to attainment of the 1997 annual 

PM2.5 NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. These actions are being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on June 15, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0714. 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 

action related to Delaware 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 action 

related to New Jersey, please contact 

Henry Feingersh, (212) 637–3382, or by 

email at feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following outline is provided to aid in 

locating information in this action. 

I. Background 

II. Summary of Actions 

III. Summary of Public Comments and EPA 

Responses 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. Background 

On January 23, 2012, EPA published 

a direct final rulemaking (77 FR 3147) 

and companion notice of proposed 

rulemaking (NPR) (77 FR 3223) for the 

States of Delaware and New Jersey and 

the Commonwealth of Pennsylvania (the 

States). In the January 23, 2012 

rulemaking action, EPA proposed to 

determine that the Philadelphia Area 

attained the 1997 PM2.5 NAAQS by its 

attainment date, April 5, 2010. EPA also 

proposed to make a clean data 

determination, finding that the 

Philadelphia Area has attained the 1997 

PM2.5 NAAQS. 

Because EPA received adverse 

comment, EPA withdrew the direct final 

rule on March 13, 2012 (77 FR14697), 

and the direct final rule was converted 

to a proposed rule. 

II. Summary of Actions 

These actions do not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA. The 

designation status of the Philadelphia 

Area will remain nonattainment for the 

1997 annual PM2.5 NAAQS until such 


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time as EPA determines that the 

Philadelphia area meets the CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

A. Determination of Attainment by the 

Attainment Date 

EPA is making a determination that 

the Philadelphia Area has attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. This determination is based upon 

quality assured and certified ambient air 

monitoring data for the 2007–2009 

monitoring period that shows the area 

has monitored attainment of the 1997 

PM2.5 NAAQS during this monitoring 

period. Therefore, EPA has met its 

requirement pursuant to CAA section 

179(c) 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 a final 

determination of attainment by the 

area’s attainment date will be to 

discharge EPA’s obligation under CAA 

section 179(c). 

B. Clean Data Determination 

EPA is making a determination that 

the Philadelphia Area is attaining the 

1997 annual PM2.5 NAAQS. This 

determination is based upon quality 

assured and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 PM2.5

NAAQS for the 2007–2009 and 2008– 

2010 monitoring periods. This 

determination of attainment suspends 

the CAA requirements for the 

Philadelphia Area to submit an 

attainment demonstration and the 

associated RFP plan, contingency 

measures, RACM/RACT analysis, and 

any other planning requirements related 

to attainment of the 1997 annual PM2.5

NAAQS. These requirements remain 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

The clean data determination 

suspends the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, RACM/ 

RACT, RFP plan, contingency measures, 

and any other planning requirements 

related to attainment of the 1997 annual 

PM2.5 NAAQS. This suspension remains 

in effect 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 annual PM2.5

NAAQS. This determination is separate 

from, and does not influence or 

otherwise affect, any future designation 

determination or requirements for the 

Philadelphia Area based on any new or 

revised PM2.5 NAAQS. It remains in 

effect regardless of whether EPA 

designates the Philadelphia Area as a 

nonattainment area for purposes of any 

new or revised PM2.5 NAAQS. Although 

these requirements are suspended, EPA 

is not precluded from acting upon these 

elements. The States of Delaware and 

New Jersey, and the Commonwealth of 

Pennsylvania have submitted state 

implementation plan (SIP) revisions for 

their portions of the Philadelphia Area 

to EPA for review and approval. 

C. Ambient Air Quality Monitoring Data 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the PM2.5 ambient air 

monitoring data for the monitoring 

periods 2007–2009 and 2008–2010 for 

the Philadelphia Area, as recorded in 

the EPA Air Quality System database. 

On the basis of that review, EPA has 

concluded that the Philadelphia Area 

attained the 1997 annual PM2.5 NAAQS 

based on data for the 2007–2009 and 

2008–2010 monitoring periods. In the 

Technical Support Document (TSD) 

prepared for this action, EPA evaluates 

the air quality data for the Philadelphia 

Area. For details, please refer to EPA’s 

TSD, which can be viewed at http:// 

www.regulations.gov. 

III. Summary of Public Comments and 

EPA Responses 

On January 24, 2012, EPA received 

adverse comments on the direct final 

rule from Mr. Robert Ukeiley. A 

summary of the comments submitted 

and EPA’s response is provided below. 

Comment: The commenter alleges that 

the determination of attainment here 

(‘‘clean data determination’’) violates 

CAA section 110(l) because EPA has not 

completed its review of the PM2.5

NAAQS. The commenter asserts that the 

clean data determination should not be 

finalized until after EPA promulgates a 

new PM2.5 NAAQS. 

Response: EPA’s rulemaking action 

here addresses only the 1997 annual 

PM2.5 NAAQS, and has no bearing on 

any other NAAQS, including any future 

revised NAAQS. Therefore, this 

comment is not relevant to this 

rulemaking action. 

Comment: The commenter states that 

this clean data determination violates 

CAA section 110(l) because all other 

NAAQS would benefit from the 

Philadelphia Area fully implementing 

the 1997 annual PM2.5 NAAQS, 

including implementation of RACT. The 

commenter alleged that EPA failed to 

conduct an analysis of the impacts of 

the clean data determination, and this 

will interfere with other NAAQS 

attainment. 

Response: CAA section 110(l) applies 

explicitly and only to a ‘‘revision to an 

implementation plan.’’ As set forth in 

the response to comment above, EPA’s 

rulemaking here is restricted to EPA’s 

determination, based on ambient air 

quality, that the Philadelphia Area is 

attaining the 1997 annual PM2.5

standard. It is not a SIP revision, and 

thus section 110(l) is by its own terms 

is not applicable to this rulemaking. It 

is not this determination of attainment, 

but rather EPA’s PM2.5 implementation 

rule, 40 CFR 51.1004(c), that specifies 

the consequence of the determination as 

suspension of the area’s obligations to 

submit an attainment demonstration, a 

RFP plan, contingency measures and 

other planning requirements related to 

attainment as SIP revisions for as long 

as the area continues to attain. In any 

case, the requirements that are 

suspended by the regulation are related 

solely to attainment for the 1997 annual 

PM2.5 standard. EPA is determining, and 

the commenter does not contest, that the 

area is attaining the 1997 annual PM2.5

standard, and that the suspension of 

attainment planning SIP submissions 

lasts only as long as the area is meeting 

that standard. No other requirements are 

suspended and no control measures in 

the SIP are being relaxed. This action 

has no effect on control measures, or air 

quality, in the area. In sum, no 

evaluation under section 110(l) is 

required by law, and even if such an 

evaluation were required, EPA would 

conclude that this determination of 

attainment would not interfere with 

attainment, reasonable further progress 

towards attainment, or any other 

applicable requirement of the CAA. EPA 

notes that this same individual 

submitted similar comments on 

determinations of attainment (‘‘clean 

data determinations’’) for the 1997 8- 

hour ozone NAAQS for the PittsburghBeaver Valley nonattainment area in 

Pennsylvania (Pittsburgh Area) and the 

Charlotte-Gastonia-Rock Hill 

nonattainment area in North Carolina 

and South Carolina (Charlotte Area), 

and for the 1997 annual PM2.5 NAAQS 

for the Kentucky Portion of the 

Cincinnati-Hamilton nonattainment area 

(Cincinnati-Hamilton Area). EPA 

responded to those comments in final 

rulemaking actions for the Pittsburgh, 

Charlotte, and Cincinnati-Hamilton 

Areas, at 76 FR 31237, 76 FR 70656, and 

76 FR 77903, respectively. 

IV. Final Actions 

EPA is making two determinations 

regarding the Philadelphia Area. First, 

EPA is making a clean data 


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determination, finding that the 

Philadelphia Area has attained the 1997 

annual PM2.5 NAAQS. This clean data 

determination is based upon quality 

assured, and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS for the 2007–2009 

and 2008–2010 monitoring periods. 

This clean data determination suspends 

the requirements for the Philadelphia 

Area to submit an attainment 

demonstration and associated RACM/ 

RACT, RFP plan, contingency measures, 

and any other planning requirements 

related to attainment of the 1997 annual 

PM2.5 NAAQS, as provided in 40 CFR 

51.1004(c), so long as the area continues 

to attain the 1997 annual PM2.5 NAAQS. 

Second, pursuant to section 179(c) of 

the CAA, EPA is making a 

determination that the Philadelphia 

Area has attained the 1997 annual PM2.5

NAAQS by its attainment date, April 5, 

2010. This determination is based upon 

quality assured, and certified ambient 

air monitoring data for the 2007–2009 

monitoring period. 

V. 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 July 16, 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 

annual PM2.5 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 28, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

Dated: April 24, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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. In § 52.425 the existing paragraph is 

designated as paragraph (a), and 

paragraph (b) is added to read as 

follows: 

§ 52.425 Determinations of attainment. 

* * * * * 

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

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) 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-Wilmington, PA-NJ-DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 3. Section 52.427 is added to read as 

follows: 

§ 52.427 Control strategy: Particulate 

matter. 

Determination of attainment. EPA has 

determined, as of May 16, 2012, that 

based on 2007 to 2009 and 2008 to 2010 

ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 


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Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations 28785 

CFR 51.1004(c), 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 PM2.5

NAAQS. 

Subpart FF—New Jersey 

■ 4. In § 52.1576 the existing paragraph 

is designated as paragraph (a), and 

paragraph (b) is added to read as 

follows: 

§ 52.1576 Determinations of attainment. 

* * * * * 

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

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) 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-Wilmington, PA-NJ-DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 5. Section 52.1602 is amended by 

adding new paragraph (d) to read as 

follows: 

§ 52.1602 Control strategy and 

regulations: PM2.5. 

* * * * * 

(d) Determination of Attainment. EPA 

has determined, as of May 16, 2012, that 

the Philadelphia-Wilmington, PA-NJ-DE 

fine particle (PM2.5) nonattainment area 

has attained the 1997 PM2.5 National 

Ambient Air Quality Standard. This 

determination, in accordance with 40 

CFR 51.1004(c), 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 the area 

continues to attain the 1997 PM2.5

NAAQS. 

Subpart NN—Pennsylvania 

■ 6. Section 52.2056 is amended by 

adding paragraph (g) to read as follows: 

§ 52.2056 Determinations of attainment. 

* * * * * 

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

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) 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-Wilmington, PA-NJ-DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 7. Section 52.2059 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(f) Determination of Attainment. EPA 

has determined, as of May 16, 2012, that 

based on 2007 to 2009 and 2008 to 2010 

ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), 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 PM2.5

NAAQS. 

[FR Doc. 2012–11651 Filed 5–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[EPA–HQ–OAR–2009–0491; FRL–9671–4] 

RIN 2060–AR35 

Revisions to Federal Implementation 

Plans To Reduce Interstate Transport 

of Fine Particulate Matter and Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: The EPA issued ‘‘Revisions to 

Federal Implementation Plans To 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone’’ as a 

direct final rule on February 21, 2012. 

Because the EPA received adverse 

comments on this action, we are 

withdrawing the direct final rule. 

DATES: As of May 16, 2012, the EPA 

withdraws the direct final rule revisions 

published on February 21, 2012, at 77 

FR 10342. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Mark, U.S. Environmental 

Protection Agency, Clean Air Markets 

Division, MC 6204J, Ariel Rios Building, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, telephone (202) 

343–9087, email at mark.jeremy@epa.

gov. Electronic copies of this document 

can be accessed through the EPA Web 

site at: http://epa.gov/airmarkets. 

SUPPLEMENTARY INFORMATION: The EPA 

issued ‘‘Revisions to Federal 

Implementation Plans To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone’’ as a direct final rule 

on February 21, 2012. See 77 FR 10342. 

The direct final rule would have 

amended the preamble and rule text to 

the ‘‘Federal Implementation Plans: 

Interstate Transport of Fine Particulate 

Matter and Ozone and Correction of SIP 

Approvals’’ (Transport Rule), published 

August 8, 2011, to revise certain state 

emission budgets, variability limits, and 

new unit set-asides. Specifically, this 

direct final rule would have revised 

2012 and/or 2014 state budgets and 

variability limits in Arkansas, Georgia, 

Indiana, Kansas, Louisiana, Mississippi, 

Missouri, New York, Nebraska, Ohio, 

Oklahoma, South Carolina, and Texas, 

and revised new unit set-asides in 

Arkansas, Louisiana, and Missouri. See 

77 FR 10342. 

The EPA also issued a parallel 

proposal on February 21, 2012, that 

proposed to make the same revisions 

outlined in the direct final rule. See 77 

FR 10350. The EPA stated in the direct 

final rule revisions that if we received 

significant adverse comment by 

February 21, 2012, we would publish a 

timely notice of withdrawal of the direct 

final rule in the Federal Register. 

The EPA received several comments 

on the direct final rule and the parallel 

proposal. Many of the comments 

support the specific revisions made in 

the direct final rule, but some are 

adverse or adverse in part. Generally, 

where the comments are adverse, they 

support the revisions that would have 

been made by the direct final rule but 

argue the revisions should have gone 

further. In addition, a number of the 

comments duplicate comments to which 

EPA has previously responded. 

Because EPA received adverse 

comments, we are withdrawing the 

direct final rule, ‘‘Revisions to Federal 

Implementation Plans To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone.’’ 77 FR 10342. The 

EPA intends to act on the parallel 


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