9596 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2012–0840, FRL–9778–5] 

Approval and Promulgation of 

Implementation Plans; New Jersey and 

New York Ozone Attainment 

Demonstrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the ozone 

attainment demonstration portion of 

comprehensive State Implementation 

Plan revisions submitted by New Jersey 

and New York to meet Clean Air Act 

requirements for attaining the 1997 8- 

hour ozone national ambient air quality 

standard. EPA is approving New Jersey’s 

and New York’s demonstrations of 

attainment of the 1997 8-hour ozone 

standard as they relate to their portions 

of three moderate nonattainment areas; 

the New York-Northern New JerseyLong Island, NY-NJ-CT area, the 

Philadelphia-Wilmington-Atlantic City, 

PA-NJ-MD-DE area, and the 

Poughkeepsie, NY area. 

DATES: This final rule is effective on 

March 13, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2012–0840. All 

documents in the docket are listed in 

the http://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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Programs Branch, U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007– 

1866. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Kelly, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. The telephone 

number is (212) 637–4249. Mr. Kelly 

can also be reached via electronic mail 

at kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

we mean the EPA. 

What action is EPA taking? 

The Environmental Protection Agency 

(EPA) is approving the ozone attainment 

demonstration portion of 

comprehensive State Implementation 

Plan (SIP) revisions submitted by New 

Jersey and New York to meet Clean Air 

Act (Act or CAA) requirements for 

attaining the 0.08 parts per million 

(ppm) 8-hour ozone national ambient air 

quality standards (NAAQS or standard). 

Unless otherwise specifically noted in 

the action, references to the 8-hour 

ozone standard are to the 0.08 ppm 

ozone standard promulgated in 1997. 

EPA is approving New Jersey’s and New 

York’s SIP revisions which demonstrate 

attainment of the 1997 8-hour ozone 

standard as they relate to their portions 

of three moderate nonattainment areas: 

• The New York-Northern New 

Jersey-Long Island, NY-NJ-CT area, also 

called the New York City Metropolitan 

area, 

• The Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE area, also 

called the Philadelphia area, and 

• The Poughkeepsie, NY area. 

The EPA is approving New Jersey’s 

and New York’s 8-hour ozone 

attainment demonstration SIP revisions 

mainly because the EPA has evaluated 

the ambient air quality monitoring data 

and EPA has determined that the New 

York City Metropolitan, Philadelphia, 

and Poughkeepsie moderate 

nonattainment areas have attained the 

ozone NAAQS by their respective 

attainment deadlines. This 

determination is based on complete 

quality assured and certified ambient air 

monitoring data from 2007 to 2011 that 

show the areas have monitored 

attainment of the 1997 8-hour ozone 

NAAQS during this monitoring period. 

See 77 FR 36163, 77 FR 47533, 77 FR 

17341, and 74 FR 63993. 

EPA is aware that preliminary 

ambient air quality monitoring data for 

2012 may indicate that the New York 

City Metropolitan and Philadelphia 

areas are no longer attaining the 1997 8- 

hour ozone NAAQS, while the 

Poughkeepsie area continues to attain 

the 8-hour ozone NAAQS. However, 

2012 monitoring data is not relevant to 

this rulemaking on SIP revisions which 

demonstrate how the states met their 

plan to attain the 1997 8-hour ozone 

standard by the June 15, 2010 

attainment date (June 15, 2011 for the 

Philadelphia area). Based on data 

through 2011, these areas are attaining 

the 1997 8-hour ozone NAAQS. EPA has 

a continuing obligation to review the air 

quality data each year to determine 

whether areas are meeting the NAAQS 

and will continue to conduct that 

review in the future after data is 

complete, quality assured, certified and 

submitted to EPA. 

In summary, the basic photochemical 

grid modeling used by New Jersey and 

New York in its SIP submittal meets 

EPA’s guidelines and, when used with 

the methods recommended in EPA’s 

modeling guidance, is acceptable to 

EPA. Air quality data through 2011 

supports the states’ conclusions that the 

areas will demonstrate attainment of the 

8-hour ozone standard by the attainment 

date. The purpose of the attainment 

demonstration is to show how the areas 

will meet the standard by the attainment 

date. All the control measures included 

in the attainment demonstration SIPs 

have already been adopted and 

implemented by the States and 

submitted to and approved by the EPA. 

Based on (1) the states following EPA’s 

modeling guidance, (2) the quality 

assured and certified air quality data 

through 2011, (3) the areas attaining the 

standard by the attainment date, and (4) 

the implemented SIP approved control 

measures, EPA is approving the New 

Jersey and New York attainment 

demonstration SIP revisions for the New 

York City Metropolitan, Philadelphia 

and Poughkeepsie 1997 8-hour ozone 

moderate nonattainment areas. 

On December 11, 2012 (77 FR 73570), 

EPA published a notice of proposed 

rulemaking for the New Jersey and New 

York attainment demonstration SIP 

revisions. No public comments were 

received on the December 11, 2012 

proposal. The reader is referred to the 

December 11, 2012 proposal for 

additional information regarding this 

action. 

Statutory and Executive Order Reviews 

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 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 9597 

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 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. 

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). 

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 April 12, 2013. 

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 action 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. 

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

Dated: January 28, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

■ 2. Section 52.1582 is amended by 

adding new paragraph (o) to read as 

follows: 

§ 52.1582 Control strategy and 

regulations: Ozone. 

* * * * * 

(o)(1) The 1997 8-hour ozone 

attainment demonstration for the New 

Jersey portion of the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

nonattainment area included in New 

Jersey’s October 29, 2007 State 

Implementation Plan revision is 

approved and satisfies the requirements 

of section 182(c)(2)(A) of the Clean Air 

Act. 

(2) The 1997 8-hour ozone attainment 

demonstration for the New Jersey 

portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE 

nonattainment area included in New 

Jersey’s October 29, 2007 State 

Implementation Plan revision is 

approved and satisfies the requirements 

of section 182(c)(2)(A) of the Clean Air 

Act. 

Subpart HH—New York 

■ 3. Section 52.1670(e) is amended by 

adding new entries to the bottom of 

table (e) to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Action/SIP 

element Applicable geographic or nonattainment area New York submittal date EPA Approval date Explanation 

*******

1997 8-hour Ozone—Attainment Demonstration.New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area.2/8/2008 2/11/13 [Insert page number where the document 

begins].

1997 8-hour Ozone—Attainment Demonstration.Poughkeepsie 8-hour ozone moderate nonattainment 

area.

2/8/2008 2/11/13 [Insert page number where the document 

begins].


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9598 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 

■ 4. Section 52.1683 is amended by 

adding new paragraph (m) to read as 

follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(m)(1) The 1997 8-hour ozone 

attainment demonstration for the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

nonattainment area included in New 

York’s February 8, 2008 State 

Implementation Plan revision is 

approved and satisfies the requirements 

of section 182(c)(2)(A) of the Clean Air 

Act. 

(2) The 1997 8-hour ozone attainment 

demonstration for the Poughkeepsie 

nonattainment area included in New 

York’s February 8, 2008 State 

Implementation Plan revision is 

approved and satisfies the requirements 

of section 182(c)(2)(A) of the Clean Air 

Act. 

[FR Doc. 2013–02927 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2013–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

modified 

Communities 

affected 

Wayne County, Pennsylvania (All Jurisdictions) 

Docket No.: FEMA–B–1223 

Ariel Creek ................................ Approximately 400 feet downstream of Goose Pond Road +1255 Township of Lake, Township 

of Salem. 

Approximately 1,500 feet upstream of Lake Ariel Highway +1434 

Balls Creek ............................... At the West Branch Delaware River confluence ................ +940 Township of Buckingham, 

Township of Scott. 

Approximately 1.5 miles upstream of Carl Sands Road ..... +1277 

Beaverdam Creek ..................... At the Delaware River confluence ...................................... +734 Township of Damascus. 


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