15864 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

[FR Doc. E9–7959 Filed 4–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2008–0479; FRL–8775–5] 

Determination of Attainment of the 

One-Hour Ozone Standard for the 

Southern New Jersey Portion of the 

Philadelphia Metropolitan 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

one-hour ozone nonattainment area in 

Southern New Jersey, that is, the New 

Jersey portion of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD 

area, attained the one-hour ozone 

standard, is not subject to the 

imposition of penalty fees under section 

185 of the Clean Air Act and does not 

need to implement contingency 

measures. Areas that EPA classified as 

severe ozone nonattainment areas for 

the one-hour National Ambient Air 

Quality Standard and did not attain the 

Standard by the applicable attainment 

date of November 15, 2005 may be 

subject to these penalty fees. However, 

since the air quality in the PhiladelphiaWilmington-Trenton area attained the 

ozone standard as of November 15, 

2005, this area will not need to 

implement this fee program. This is not 

a redesignation of atttainment for this 

area, only a fulfillment of a Clean Air 

Act obligation to determine if an area 

attained the ozone standard by its 

applicable attainment date. 

DATES: Effective Date: This rule is 

effective on May 8, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R02–OAR– 

2008–0479. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. 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 through http:// 

www.regulations.gov or in hard copy at 

the Air Programs Branch, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866. To 

make your visit as productive as 

possible, contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section to schedule your inspection. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 to 4:30, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Kelly, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, 

telephone number (212) 637–4249, fax 

number (212) 637–3901, e-mail 

kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA has determined that the New 

Jersey portion of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD 

one-hour ozone nonattainment area (the 

‘‘Philadelphia metropolitan’’ 

nonattainment area) attained the onehour ozone National Ambient Air 

Quality Standard (NAAQS) by its 

attainment date, November 15, 2005. 

(The Philadelphia metropolitan 

nonattainment area consists of the 

following counties: Cecil County, 

Maryland; Kent and New Castle 

Counties in Delaware; Burlington, 

Camden, Cumberland, Gloucester, 

Mercer, and Salem Counties in New 

Jersey; and, Bucks, Chester, Delaware, 

Montgomery, and Philadelphia Counties 

in Pennsylvania.) As a result, EPA finds 

that this area is not subject to the 

imposition of the section 185 penalty 

fees and does not need to implement 

contingency measures. In a separate 

final rule at 73 FR 43360, EPA’s Region 

3 office found that the balance of the 

Philadelphia metropolitan 

nonattainment area attained the onehour ozone NAAQS by its applicable 

attainment date and is not subject to the 

imposition of section 185 penalty fees. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the Proposed Rulemaking published on 

July 23, 2008 (73 FR 42727). The 

proposal was based on three years of 

complete, quality-assured ambient air 

quality monitoring data for 2003 

through 2005 ozone seasons. This 

determination of attainment is not a 

redesignation to attainment for this area. 

Persons seeking more information on 

this action should access EPA’s docket 

for this action at http:// 

www.regulations.gov, docket number 

EPA–R02–OAR–2008–0479. EPA 

received no comments on the proposed 

action. 

II. Final Action 

Based upon EPA’s review of the air 

quality data for the 3-year period 2003 

to 2005, EPA has determined that the 

New Jersey portion of the Philadelphia 

metropolitan area has attained the 1- 

hour ozone NAAQS by the applicable 

attainment date of November 15, 2005. 

EPA also has determined that this area 

is not subject to the imposition of the 

section 185 penalty fees. In addition, 

because the area has attained the onehour ozone NAAQS by the applicable 

attainment date, the area is not subject 

to the requirement to implement 

contingency measures for failure to 

attain the one-hour ozone NAAQS by its 

attainment date. Since the area has met 

its attainment deadline, even if the area 

subsequently lapses into nonattainment, 

it would not be required to implement 

the contingency measures for failure to 

attain the one-hour ozone NAAQS by its 

attainment date. 

III. Statutory and Executive Order 

Reviews 

This final action determines that an 

area has attained a previouslyestablished NAAQS based on an 

objective review of measured air quality 

data. Accordingly, this action merely 

affirms that state actions are 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15865 

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 New 

Jersey’s State Implementation Plans are 

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 June 8, 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. 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. 

Dated: February 12, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ 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 FF—New Jersey 

■ 2. Section 52.1582 is amended by 

adding new paragraph (l) to read as 

follows: 

§ 52.1582 Control strategy and 

regulations: Ozone. 

* * * * * 

(l) Attainment determination. EPA 

has determined that the PhiladelphiaWilmington-Trenton severe 1-hour 

ozone nonattainment area attained the 

1-hour ozone NAAQS by the applicable 

attainment date of November 15, 2005. 

In New Jersey, this area includes the 

counties of Burlington, Camden, 

Cumberland, Gloucester, Mercer, and 

Salem. EPA also has determined that the 

Philadelphia-Wilmington-Trenton 

severe 1-hour ozone nonattainment area 

is not subject to the imposition of the 

section 185 penalty fees. In addition, the 

requirements of section 172(c)(9) 

(contingency measures) do not apply to 

the area. 

[FR Doc. E9–7683 Filed 4–7–09; 8:45 am] 

BILLING CODE 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0762; FRL–8408–7] 

Bacillus subtilis MBI 600; Exemption 

from the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the 

biofungicide, Bacillus subtilis MBI 600, 

in or on all food commodities, including 

residues resulting from post-harvest 

uses, when applied/used in accordance 

with good agricultural practices. Becker 

Underwood, Inc. submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

amendment to expand the existing 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of Bacillus 

subtilis MBI 600 in or on all food 

commodities. 

DATES: This regulation is effective April 

8, 2009. Objections and requests for 

hearings must be received on or before 

June 8, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0762. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Denise Greenway, Biopesticides and 

Pollution Prevention Division (7511P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8263; e-mail address: 

greenway.denise@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 


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