Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster Nonattainment Areas, 18922-18923 [2012-7563]
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<![CDATA[
18922
Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
(vi) API MPMS Chapter 12, Section 2,
Part 4 (incorporated by reference as
specified in § 250.198);
(vii) API RP 86 (incorporated by
reference as specified in § 250.198);
when obtaining net standard volume
and associated measurement
parameters; and
*
*
*
*
*
(f) * * *
(1) Calibrate mechanical-displacement
provers and tank provers at least once
every 5 years according to the API
MPMS as incorporated by reference in
30 CFR 250.198, including the following
additional editions:
(i) API MPMS, Chapter 4, Section 8
(incorporated by reference as specified
in § 250.198);
(ii) API MPMS Chapter 12, Section 2,
Part 4 (incorporated by reference as
specified in § 250.198);
*
*
*
*
*
(g) * * * Calculate the following
correction factors using the API MPMS
as referenced in 30 CFR 250.198,
including the following additional
editions:
(1) API MPMS, Chapter 4, Section 8
(incorporated by reference as specified
in § 250.198);
(2) API MPMS Chapter 11, Section 1
(incorporated by reference as specified
in § 250.198);
(3) API MPMS Chapter 12, Section 2,
Part 3 (incorporated by reference as
specified in § 250.198);
(4) API MPMS Chapter 12, Section 2,
Part 4 (incorporated by reference as
specified in § 250.198);
*
*
*
*
*
(l) * * *
(4) Obtain the volume and other
measurement parameters by using
corrections factors and procedures in
the API MPMS as incorporated by
reference in 30 CFR 250.198, including:
API MPMS Chapter 11, Section 1
(incorporated by reference as specified
in § 250.198).
■ 4. Revise § 250.1203(b)(2) to read as
follows:
§ 250.1203
Gas measurement.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(2) Design, install, use, maintain, and
test measurement equipment and
procedures to ensure accurate and
verifiable measurement. You must
follow the recommendations in API
MPMS or RP and AGA as incorporated
by reference in 30 CFR 250.198,
including the following additional
editions:
(i) API RP 86 (incorporated by
reference as specified in § 250.198);
(ii) AGA Report No. 7 (incorporated
by reference as specified in § 250.198);
VerDate Mar<15>2010
16:32 Mar 28, 2012
Jkt 226001
(iii) AGA Report No. 9 (incorporated
by reference as specified in § 250.198);
(iv) AGA Report No. 10 (incorporated
by reference as specified in § 250.198);
*
*
*
*
*
[FR Doc. 2012–7324 Filed 3–28–12; 8:45 am]
BILLING CODE 4310–VH–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0818; FRL–9654–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Determinations of Clean
Data for the 2006 24-Hour Fine
Particulate Standard for the
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making a final
determination regarding the HarrisburgLebanon-Carlisle-York, Allentown,
Johnstown, and Lancaster
nonattainment areas (hereafter referred
to as ‘‘Areas’’) for the 24-hour 2006 fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS).
EPA is determining that the Areas have
clean data for the 24-hour 2006 PM2.5
NAAQS. These determinations are
based upon complete, quality-assured,
quality-controlled, and certified ambient
air monitoring data showing that these
Areas have monitored attainment of the
24-hour 2006 PM2.5 NAAQS based on
the 2008–2010 data in EPA’s Air Quality
System (AQS) database. EPA’s
determinations relieve these Areas from
the requirements to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the
standard for so long as these Areas
continue to meet the 24-hour 2006 PM2.5
NAAQS.
DATES: Effective Date: This final rule is
effective on April 30, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0818. 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
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making final determinations
that the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and
Lancaster nonattainment areas have
clean data for the 24-hour 2006 PM2.5
NAAQS. These determinations are
based upon complete, quality-assured,
quality-controlled, and certified ambient
air monitoring data showing that these
Areas have monitored attainment of the
2006 PM2.5 NAAQS based on the 2008–
2010 monitoring data.
On January 20, 2012 (77 FR 2941),
EPA proposed determinations of clean
data for the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown,
and Lancaster nonattainment areas. A
discussion of the rationale behind these
determinations and the effect of these
determinations were included in the
notice of proposed rulemaking. EPA
received no comments on this notice of
proposed rulemaking.
II. What is the effect of this action?
Under the provisions of EPA’s PM2.5
implementation rule (See 40 CFR
51.1004(c)), the requirements for the
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
nonattainment areas to submit an
attainment demonstration and
associated reasonably available control
measures (including reasonably
available control technology), a
reasonable further progress plan,
contingency measures, and any other
planning SIPs related to attainment of
the 2006 PM2.5 NAAQS are suspended
for so long as the Areas continue to meet
the 24-hour 2006 PM2.5 NAAQS. If EPA
subsequently determines that these
Areas violate the 24-hour 2006 PM2.5
E:\FR\FM\29MRR1.SGM
29MRR1
Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and these Areas would thereafter have
to address the pertinent requirements.
This action does not constitute a
redesignation of these Areas to
attainment for the 24-hour 2006 PM2.5
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, this
action does not involve approving
maintenance plans for these Areas as
required under section 175A of the
CAA, nor does it find that the Areas
have met all other requirements for
redesignation. Even after these
determinations of attainment by EPA,
the designation status of these Areas is
nonattainment for the 24-hour 2006
PM2.5 NAAQS until such time as EPA
determines that the Areas meet the CAA
requirements for redesignation to
attainment and takes action to
redesignate these Areas.
III. Statutory and Executive Order
Reviews
mstockstill on DSK4VPTVN1PROD with RULES
A. General Requirements
This action makes determinations of
attainment based on air quality, and will
result in the suspension of certain
Federal requirements, and will 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
VerDate Mar<15>2010
16:32 Mar 28, 2012
Jkt 226001
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 May 29, 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.
These clean data determinations for
the 24-hour 2006 PM2.5 NAAQS for the
Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster
nonattainment areas 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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
18923
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR Part 52 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 NN—Pennsylvania
2. In § 52.2059, paragraph (e) is added
to read as follows:
■
§ 52.2059
matter.
Control strategy: Particulate
*
*
*
*
*
(e) Determination of Clean Data. EPA
has determined, as of March 29, 2012,
that based on 2008 to 2010 ambient air
quality data, the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown,
and Lancaster nonattainment areas have
attained the 24-hour 2006 PM2.5
NAAQS. These determinations, in
accordance with 40 CFR 51.1004(c),
suspend the requirements for these
areas 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 these areas continue to meet
the 24-hour 2006 PM2.5 NAAQS.
[FR Doc. 2012–7563 Filed 3–28–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2005–NM–0006; FRL–
9654–2]
Approval and Promulgation of
Implementation Plans; New Mexico;
Construction Permit Fees
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking a direct final
action to approve revisions which
repeal and replace existing rules, and
revisions to the applicable State
Implementation Plan (SIP) for New
Mexico submitted by the State of New
Mexico on April 11, 2002, and April 25,
2005, which relate to construction
permit fee requirement regulations. The
repeal and replace and SIP revisions
SUMMARY:
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18922-18923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7563]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0818; FRL-9654-1]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determinations of Clean Data for the 2006 24-Hour Fine
Particulate Standard for the Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a final determination regarding the Harrisburg-
Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster
nonattainment areas (hereafter referred to as ``Areas'') for the 24-
hour 2006 fine particulate matter (PM2.5) national ambient
air quality standard (NAAQS). EPA is determining that the Areas have
clean data for the 24-hour 2006 PM2.5 NAAQS. These
determinations are based upon complete, quality-assured, quality-
controlled, and certified ambient air monitoring data showing that
these Areas have monitored attainment of the 24-hour 2006
PM2.5 NAAQS based on the 2008-2010 data in EPA's Air Quality
System (AQS) database. EPA's determinations relieve these Areas from
the requirements to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and other planning State Implementation
Plans (SIPs) related to attainment of the standard for so long as these
Areas continue to meet the 24-hour 2006 PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on April 30, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0818. 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: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making final determinations that the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas
have clean data for the 24-hour 2006 PM2.5 NAAQS. These
determinations are based upon complete, quality-assured, quality-
controlled, and certified ambient air monitoring data showing that
these Areas have monitored attainment of the 2006 PM2.5
NAAQS based on the 2008-2010 monitoring data.
On January 20, 2012 (77 FR 2941), EPA proposed determinations of
clean data for the Harrisburg-Lebanon-Carlisle-York, Allentown,
Johnstown, and Lancaster nonattainment areas. A discussion of the
rationale behind these determinations and the effect of these
determinations were included in the notice of proposed rulemaking. EPA
received no comments on this notice of proposed rulemaking.
II. What is the effect of this action?
Under the provisions of EPA's PM2.5 implementation rule
(See 40 CFR 51.1004(c)), the requirements for the Harrisburg-Lebanon-
Carlisle-York, Allentown, Johnstown, and Lancaster nonattainment areas
to submit an attainment demonstration and associated reasonably
available control measures (including reasonably available control
technology), a reasonable further progress plan, contingency measures,
and any other planning SIPs related to attainment of the 2006
PM2.5 NAAQS are suspended for so long as the Areas continue
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently
determines that these Areas violate the 24-hour 2006 PM2.5
[[Page 18923]]
NAAQS, the basis for the suspension of the specific requirements, set
forth at 40 CFR 51.1004(c), would no longer exist and these Areas would
thereafter have to address the pertinent requirements.
This action does not constitute a redesignation of these Areas to
attainment for the 24-hour 2006 PM2.5 NAAQS under section
107(d)(3) of the Clean Air Act (CAA). Further, this action does not
involve approving maintenance plans for these Areas as required under
section 175A of the CAA, nor does it find that the Areas have met all
other requirements for redesignation. Even after these determinations
of attainment by EPA, the designation status of these Areas is
nonattainment for the 24-hour 2006 PM2.5 NAAQS until such
time as EPA determines that the Areas meet the CAA requirements for
redesignation to attainment and takes action to redesignate these
Areas.
III. Statutory and Executive Order Reviews
A. General Requirements
This action makes determinations of attainment based on air
quality, and will result in the suspension of certain Federal
requirements, and will 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 May 29, 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.
These clean data determinations for the 24-hour 2006
PM2.5 NAAQS for the Harrisburg-Lebanon-Carlisle-York,
Allentown, Johnstown, and Lancaster nonattainment areas 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 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2059, paragraph (e) is added to read as follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(e) Determination of Clean Data. EPA has determined, as of March
29, 2012, that based on 2008 to 2010 ambient air quality data, the
Harrisburg-Lebanon-Carlisle-York, Allentown, Johnstown, and Lancaster
nonattainment areas have attained the 24-hour 2006 PM2.5
NAAQS. These determinations, in accordance with 40 CFR 51.1004(c),
suspend the requirements for these areas 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
these areas continue to meet the 24-hour 2006 PM2.5 NAAQS.
[FR Doc. 2012-7563 Filed 3-28-12; 8:45 am]
BILLING CODE 6560-50-P
