[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Page 14697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5880]



[[Page 14697]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0714; FRL-9645-6]


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; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to an adverse comment, EPA is withdrawing the direct final 
rule, published on January 23, 2012 (77 FR 3147), that made two 
determinations regarding the Philadelphia-Wilmington fine particulate 
(PM<INF>2.5</INF>) nonattainment area (the Philadelphia Area), which is 
comprised of the New Castle County in Delaware; Burlington, Camden, and 
Gloucester Counties in New Jersey; and Bucks, Chester, Delaware, 
Montgomery, and Philadelphia Counties in Pennsylvania. First, EPA made 
a determination that the Philadelphia Area attained the 1997 annual 
PM<INF>2.5</INF> national ambient air quality standard (NAAQS) by its 
attainment date of April 5, 2010. Second, EPA made a clean data 
determination, finding that the Philadelphia Area has attained the 1997 
PM<INF>2.5</INF> NAAQS, based on quality assured and certified ambient 
air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. 
In the direct final rule, EPA stated that if we received adverse 
comment by February 22, 2012, the rule would be withdrawn and not take 
effect. EPA subsequently received adverse comments. EPA will address 
the comments received in a subsequent final action based upon the 
proposed action also published on January 23, 2012 (77 FR 3223). EPA 
will not institute a second comment period on this action.

DATES: The direct final rule published on January 23, 2012 (77 FR 3147) 
is withdrawn as of March 13, 2012.

ADDRESSES: EPA has established docket number EPA-R03-OAR-2011-0714 for 
this action. The index to this action is available electronically at 
http://www.regulations.gov and in hard copy at 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 <a href="/cdn-cgi/l/email-protection#fd8d949392d3909c8f949cbd988d9cd39a928b"><span class="__cf_email__" data-cfemail="59293037367734382b3038193c2938773e362f">[email protected]</span></a>. If you have 
questions concerning EPA's action related to New Jersey, please contact 
Henry Feingersh, (212) 637-3382, or by email at 
<a href="/cdn-cgi/l/email-protection#ed8b8884838a889f9e85c38588839f94ad889d8cc38a829b"><span class="__cf_email__" data-cfemail="2a4c4f43444d4f58594204424f4458536a4f5a4b044d455c">[email protected]</span></a>.

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: February 6, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    Accordingly, the addition of 40 CFR 52.425, 52.427, 52.1576, 
52.1602(d), 52.2056(f), and 52.2059(e), published on January 23, 2012 
(77 FR 3147), is withdrawn as of March 13, 2012.

    Dated: February 22, 2012.
Judith A. Enck,
Regional Administrator, Region II.
[FR Doc. 2012-5880 Filed 3-12-12; 8:45 am]
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