Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Ohio; Determination of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Steubenville-Weirton Area, 28264-28266 [2012-11184]
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28264
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
State citation
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[FR Doc. 2012–11461 Filed 5–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0556; FRL-9669–5 ]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Ohio; Determination of Clean
Data for the 2006 24-Hour Fine
Particulate Standard for the
Steubenville-Weirton Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making a final
determination regarding the two-state
Steubenville-Weirton, Ohio-West
Virginia nonattainment area (hereafter
referred to as the ‘‘Steubenville-Weirton
Area’’ or ‘‘Area’’) for the 2006 24-hour
fine particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS). EPA is determining that the
Steubenville-Weirton Area has attained
the 24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete,
quality assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the 24hour 2006 PM2.5 NAAQS based on the
2008–2010 data. EPA’s determination
suspends the obligation of Ohio and
West Virginia to submit, with respect to
this area, attainment demonstrations,
associated reasonably available control
measures (RACM), reasonable further
progress plans, contingency measures,
and other planning State
Implementation Plans (SIPs) related to
attainment of the 2006 PM2.5 standard
for so long as the Area continues to meet
the 24-hour 2006 PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on June 13, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0556. 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
emcdonald on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
State effective
date
Title/subject
14:45 May 11, 2012
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EPA approval date
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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: In
Region III, Asrah Khadr, Office of Air
Program Planning, Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103–
2023. The telephone number is (215)
814–2071. Ms. Khadr can also be
reached via electronic mail at
khadr.asrah@epa.gov. In Region V,
Carolyn Persoon, Air Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region V, 77 West
Jackson Boulevard, Chicago, Illinois
60604–3507. Ms. Persoon’s telephone
number is (312) 353–8290. Ms. Persoon
can also be reached via electronic mail
at persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. Summary of Public Comment and EPA
Response
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination
that the Steubenville-Weirton Area has
attained the 24-hour 2006 PM2.5
NAAQS. This determination is based
upon complete, quality assured, and
certified ambient air monitoring data
showing that this area has monitored
attainment of the 2006 PM2.5 NAAQS
based on data for 2008–2010.
On October 4, 2011 (76 FR 61291),
EPA proposed its determination of
attainment for the Steubenville-Weirton
Area. A discussion of the rationale
behind this determination and the effect
of the determination were included in
the notice of proposed rulemaking
(NPR). One adverse comment was
submitted in response to EPA’s October
4, 2011 NPR (76 FR 61291). A summary
of the comment and EPA’s response is
provided in section III of this document.
II. What is the effect of this action?
Under the provisions of EPA’s PM2.5
implementation rule (40 CFR
51.1004(c)), the requirements for the
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Additional explanation/§ 52.2063
citation
Sfmt 4700
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States of Ohio and West Virginia to
submit, for the Steubenville-Weirton
Area, an attainment demonstration and
associated RACM (including reasonably
available control technology (RACT)), 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 Area continues to meet
the 24-hour 2006 PM2.5 NAAQS. If EPA
subsequently determines that this Area
violates the 24-hour 2006 PM2.5
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and this area would thereafter have to
address the pertinent requirements.
This action, does not constitute a
redesignation of the SteubenvilleWeirton Area to attainment of the 24hour 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 the
Area as required under section 175A of
the CAA, nor does it find that the Area
has met all other requirements for
redesignation. Even after a
determination of attainment by EPA, the
designation status of the SteubenvilleWeirton Area remains nonattainment for
the 24-hour 2006 PM2.5 NAAQS until
such time as EPA determines that the
Area meets the CAA requirements for
redesignation to attainment and takes
action to redesignate the SteubenvilleWeirton Area.
III. Summary of Public Comment and
EPA Response
Comment: An Ohio resident
expressed concern for the air quality in
the Steubenville-Weirton Area. The
resident perceives the air quality to be
poor and thus questioned how this Area
will be free from requirements to create
plans for air quality improvement. The
resident also proposed that areas with
air quality problems should be subject
to more stringent standards.
Response: Since 2006, the States of
Ohio and West Virginia, as well as the
Federal government, have implemented
various measures that have resulted in
cleaner air in the Steubenville-Weirton
Area, including, the nitrogen oxides
(NOX) SIP Call which addressed
pollutants that can result in acid rain;
mobile source engine standards leading
to a decrease in NOX and direct PM2.5;
fuel standards decreasing sulfur dioxide
(SO2); as well as rules affecting SO2 and
E:\FR\FM\14MYR1.SGM
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
NOX from power plants. These and
other measures have resulted in a
decrease in monitored PM2.5
concentrations in the SteubenvilleWeirton Area. Questions regarding the
stringency of existing air standards are
not relevant to this determination. The
sole concern of this determination is
whether the Area has attained the 2006
PM2.5 24-hour standard. Since 2008,
based on complete, quality assured and
certified data, this Area has monitored
attainment of that standard, set by EPA
to protect human health and the
environment. The Area continues to
attain the standard. At this time,
therefore, no additional attainment
planning or measures related to
attainment of the 2006 PM2.5 24-hour
standard are needed. In the future,
should EPA determine that a violation
of the standard occurs, the States of
Ohio and West Virginia will then be
required to submit an attainment
demonstration, associated RACM, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard.
IV. Statutory and Executive Order
Reviews
emcdonald on DSK29S0YB1PROD with RULES
A. General Requirements
This action merely makes an
attainment determination based on air
quality data and does not impose any
additional requirements. 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);
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14:45 May 11, 2012
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• 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 July 13, 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. This clean data determination
for the 24-hour 2006 PM2.5 NAAQS for
the Steubenville-Weirton Area 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
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28265
reference, Particulate matter, Sulfur
oxides, Nitrogen oxides, Reporting and
recordkeeping requirements.
Dated: February 15, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region V.
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 KK—Ohio
2. In § 52.1880, paragraph (r) is added
to read as follows:
■
§ 52.1880
matter.
Control strategy: Particulate
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(r) Determination of Attainment. EPA
has determined, as of May 14, 2012, that
based on 2008 to 2010 ambient air
quality data, the Steubenville-Weirton
nonattainment area has attained the 24hour 2006 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area 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 this area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
Subpart XX—West Virginia
3. In § 52.2526, paragraph (g) is added
to read as follows:
■
§ 52.2526
matter.
Control strategy: Particulate
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(g) Determination of Attainment. EPA
has determined, as of May 14, 2012, that
based on 2008 to 2010 ambient air
quality data, the Steubenville-Weirton
nonattainment area has attained the 24hour 2006 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area 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 this area
E:\FR\FM\14MYR1.SGM
14MYR1
28266
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Mark Dow, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5533; email address:
dow.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
continues to meet the 24-hour 2006
PM2.5 NAAQS.
[FR Doc. 2012–11184 Filed 5–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2008–0039; FRL–9344–2]
Acetone; Exemption From the
Requirement of a Tolerance
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of acetone (67–
64–1) when used as an inert ingredient
as a solvent or co-solvent, 40 CFR
180.930, in pesticides products applied
to animals. Whitmire Micro-Gen (now
affiliated with BASF Corp.; 3568 Tree
Court Industrial Blvd., St. Louis, MO
63112) submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of acetone.
DATES: This regulation is effective May
14, 2012. Objections and requests for
hearings must be received on or before
July 13, 2012, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0039. All documents in the
docket are listed in the docket index
available at https://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
https://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,
emcdonald on DSK29S0YB1PROD with RULES
ADDRESSES:
VerDate Mar<15>2010
14:45 May 11, 2012
Jkt 226001
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
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl. To access the OCSPP test
guidelines referenced in this document
electronically, please go to https://
www.epa.gov/ocspp and select ‘‘Test
Methods and Guidelines.’’
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
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proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2008–0039 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before July 13, 2012. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2008–0039, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Exemption
In the Federal Register of February 6,
2008 (73 FR 6966) (FRL–8350–9), EPA
issued a notice pursuant to FFDCA
section 408, 21 U.S.C. 346a, announcing
the filing of a pesticide petition (PP
7E7239) by Whitmire Micro-Gen (now
affiliated with BASF Corp.; 3568 Tree
Court Industrial Blvd., St. Louis, MO
63112). The petition requested that 40
CFR 180.930 be amended by
establishing an exemption from the
requirement of a tolerance for residues
of acetone (Cas Reg. No. 67–64–1) when
used as an inert ingredient as a solvent
or co-solvent in pesticide formulations
applied to animals. That notice
referenced a summary of the petition
prepared by Whitmire Micro-Gen (now
affiliated with BASF Corp.; 3568 Tree
Court Industrial Blvd., St. Louis, MO
63112), the petitioner, which is
available in the docket, https://
E:\FR\FM\14MYR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28264-28266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11184]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0556; FRL-9669-5 ]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Ohio; Determination of Clean Data for the 2006 24-Hour
Fine Particulate Standard for the Steubenville-Weirton Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a final determination regarding the two-state
Steubenville-Weirton, Ohio-West Virginia nonattainment area (hereafter
referred to as the ``Steubenville-Weirton Area'' or ``Area'') for the
2006 24-hour fine particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS). EPA is determining that the
Steubenville-Weirton Area has attained the 24-hour 2006
PM2.5 NAAQS. This determination is based upon complete,
quality assured, and certified ambient air monitoring data showing that
this area has monitored attainment of the 24-hour 2006 PM2.5
NAAQS based on the 2008-2010 data. EPA's determination suspends the
obligation of Ohio and West Virginia to submit, with respect to this
area, attainment demonstrations, associated reasonably available
control measures (RACM), reasonable further progress plans, contingency
measures, and other planning State Implementation Plans (SIPs) related
to attainment of the 2006 PM2.5 standard for so long as the
Area continues to meet the 24-hour 2006 PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on June 13, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0556. 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: In Region III, Asrah Khadr, Office of
Air Program Planning, Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103-2023. The telephone number is (215)
814-2071. Ms. Khadr can also be reached via electronic mail at
khadr.asrah@epa.gov. In Region V, Carolyn Persoon, Air Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region V, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3507. Ms. Persoon's telephone number is (312) 353-8290.
Ms. Persoon can also be reached via electronic mail at
persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. Summary of Public Comment and EPA Response
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination that the Steubenville-Weirton
Area has attained the 24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete, quality assured, and certified
ambient air monitoring data showing that this area has monitored
attainment of the 2006 PM2.5 NAAQS based on data for 2008-
2010.
On October 4, 2011 (76 FR 61291), EPA proposed its determination of
attainment for the Steubenville-Weirton Area. A discussion of the
rationale behind this determination and the effect of the determination
were included in the notice of proposed rulemaking (NPR). One adverse
comment was submitted in response to EPA's October 4, 2011 NPR (76 FR
61291). A summary of the comment and EPA's response is provided in
section III of this document.
II. What is the effect of this action?
Under the provisions of EPA's PM2.5 implementation rule
(40 CFR 51.1004(c)), the requirements for the States of Ohio and West
Virginia to submit, for the Steubenville-Weirton Area, an attainment
demonstration and associated RACM (including reasonably available
control technology (RACT)), 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
Area continues to meet the 24-hour 2006 PM2.5 NAAQS. If EPA
subsequently determines that this Area violates the 24-hour 2006
PM2.5 NAAQS, the basis for the suspension of the specific
requirements, set forth at 40 CFR 51.1004(c), would no longer exist and
this area would thereafter have to address the pertinent requirements.
This action, does not constitute a redesignation of the
Steubenville-Weirton Area to attainment of 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 the Area as required under section 175A of the CAA, nor does
it find that the Area has met all other requirements for redesignation.
Even after a determination of attainment by EPA, the designation status
of the Steubenville-Weirton Area remains nonattainment for the 24-hour
2006 PM2.5 NAAQS until such time as EPA determines that the
Area meets the CAA requirements for redesignation to attainment and
takes action to redesignate the Steubenville-Weirton Area.
III. Summary of Public Comment and EPA Response
Comment: An Ohio resident expressed concern for the air quality in
the Steubenville-Weirton Area. The resident perceives the air quality
to be poor and thus questioned how this Area will be free from
requirements to create plans for air quality improvement. The resident
also proposed that areas with air quality problems should be subject to
more stringent standards.
Response: Since 2006, the States of Ohio and West Virginia, as well
as the Federal government, have implemented various measures that have
resulted in cleaner air in the Steubenville-Weirton Area, including,
the nitrogen oxides (NOX) SIP Call which addressed
pollutants that can result in acid rain; mobile source engine standards
leading to a decrease in NOX and direct PM2.5;
fuel standards decreasing sulfur dioxide (SO2); as well as
rules affecting SO2 and
[[Page 28265]]
NOX from power plants. These and other measures have
resulted in a decrease in monitored PM2.5 concentrations in
the Steubenville-Weirton Area. Questions regarding the stringency of
existing air standards are not relevant to this determination. The sole
concern of this determination is whether the Area has attained the 2006
PM2.5 24-hour standard. Since 2008, based on complete,
quality assured and certified data, this Area has monitored attainment
of that standard, set by EPA to protect human health and the
environment. The Area continues to attain the standard. At this time,
therefore, no additional attainment planning or measures related to
attainment of the 2006 PM2.5 24-hour standard are needed. In
the future, should EPA determine that a violation of the standard
occurs, the States of Ohio and West Virginia will then be required to
submit an attainment demonstration, associated RACM, a reasonable
further progress plan, contingency measures, and other planning SIPs
related to attainment of the standard.
IV. Statutory and Executive Order Reviews
A. General Requirements
This action merely makes an attainment determination based on air
quality data and does not impose any additional requirements. 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 July 13, 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. This clean data determination for the 24-hour 2006
PM2.5 NAAQS for the Steubenville-Weirton Area 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, Particulate matter, Sulfur oxides, Nitrogen oxides,
Reporting and recordkeeping requirements.
Dated: February 15, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region V.
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 KK--Ohio
0
2. In Sec. 52.1880, paragraph (r) is added to read as follows:
Sec. 52.1880 Control strategy: Particulate matter.
* * * * *
(r) Determination of Attainment. EPA has determined, as of May 14,
2012, that based on 2008 to 2010 ambient air quality data, the
Steubenville-Weirton nonattainment area has attained the 24-hour 2006
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this area 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 this area continues to meet the 24-hour 2006 PM2.5 NAAQS.
Subpart XX--West Virginia
0
3. In Sec. 52.2526, paragraph (g) is added to read as follows:
Sec. 52.2526 Control strategy: Particulate matter.
* * * * *
(g) Determination of Attainment. EPA has determined, as of May 14,
2012, that based on 2008 to 2010 ambient air quality data, the
Steubenville-Weirton nonattainment area has attained the 24-hour 2006
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this area 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 this area
[[Page 28266]]
continues to meet the 24-hour 2006 PM2.5 NAAQS.
[FR Doc. 2012-11184 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P
