
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9596-9598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02927]



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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.

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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 Jersey-Long 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-Wilmington-Atlantic 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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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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1582 is amended by adding new paragraph (o) to read as 
follows:


Sec.  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-Wilmington-Atlantic 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

0
3. Section 52.1670(e) is amended by adding new entries to the bottom of 
table (e) to read as follows:


Sec.  52.1670  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions
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                                  Applicable geographic      New York
      Action/SIP  element         or nonattainment area   submittal date   EPA Approval date      Explanation
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                                                  * * * * * * *
1997 8-hour Ozone--Attainment    New York portion of the        2/8/2008  2/11/13 [Insert
 Demonstration.                   New York-Northern New                    page number where
                                  Jersey-Long Island, NY-                  the document
                                  NJ-CT 8-hour ozone                       begins].
                                  moderate nonattainment
                                  area.
1997 8-hour Ozone--Attainment    Poughkeepsie 8-hour            2/8/2008  2/11/13 [Insert
 Demonstration.                   ozone moderate                           page number where
                                  nonattainment area.                      the document
                                                                           begins].
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0
4. Section 52.1683 is amended by adding new paragraph (m) to read as 
follows:


Sec.  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


