Determination of Attainment for the Paul Spur/Douglas PM10, 45965-45967 [2012-18666]
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45965
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
• 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 October 1, 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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: July 23, 2012.
Dennis J. McLerran,
Regional Administrator EPA Region 10.
For the reasons set out in the
preamble, title 40, chapter I 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 N—Idaho
2. Amend the table in § 52.670(e)
entitled ‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures’’ by adding an entry to the end
to read as follows:
■
§ 52.670
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP
provision
Applicable geographic or nonattainment
area
*
*
Northern Ada County Air Quality
Maintenance Area Second 10year Carbon Monoxide Limited
Maintenance Plan.
State submittal
date
*
*
State-wide ..............................................
*
*
2/10/11 8/2/12 [Insert page number
where the document begins].
3. Amend § 52.672 by adding
paragraph (a)(2) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.672
40 CFR Part 52
■
Approval of plans.
sroberts on DSK5SPTVN1PROD with RULES
(a) * * *
(2) EPA approves as a revision to the
Idaho State Implementation Plan, the
Northern Ada County Air Quality
Maintenance Area Second 10-year
Carbon Monoxide Limited Maintenance
Plan submitted by the State on February
10, 2011.
*
*
*
*
*
[FR Doc. 2012–18787 Filed 8–1–12; 8:45 am]
[EPA–R09–OAR–2012–0234; FRL–9708–4]
Determination of Attainment for the
Paul Spur/Douglas PM10
Nonattainment Area, Arizona;
Determination Regarding Applicability
of Clean Air Act Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
BILLING CODE 6560–50–P
EPA is finalizing a
determination that the Paul Spur/
Douglas nonattainment area in Arizona
is currently attaining the National
Ambient Air Quality Standard (NAAQS)
SUMMARY:
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EPA approval date
Comments
*
for particulate matter with an
aerodynamic diameter of less than or
equal to a nominal ten micrometers
(PM10) based on certified, qualityassured ambient air monitoring data for
the years 2009–2011. Given our
determination that the Paul Spur/
Douglas nonattainment area is currently
attaining the PM10 NAAQS, EPA is also
determining that Arizona’s obligation to
make submissions to meet certain Clean
Air Act requirements related to
attainment of the NAAQS is not
applicable for as long as the Paul Spur/
Douglas nonattainment area continues
to attain the NAAQS and that the
obligation on EPA to promulgate a
Federal Implementation Plan to address
the State’s attainment-related
requirements is also suspended for as
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Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
long as Arizona’s underlying obligation
is suspended.
DATES: Effective Date: This rule is
effective on September 4, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0234 for
this action. The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, Air Planning Office, AIR–2,
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901,
telephone number: (415) 947–4111, or
email address, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. We are providing the following
table of contents for ease of locating
information in this proposal.
Table of Contents
I. EPA’s Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
sroberts on DSK5SPTVN1PROD with RULES
I. EPA’s Proposed Action
On May 25, 2012, EPA proposed to
find that the Paul Spur/Douglas
nonattainment area (NA) 1 is currently
attaining the 24-hour PM10 NAAQS
based on certified and quality-assured
data from the most recent three-year
period, 2009–2011, and to suspend
certain Clean Air Act (CAA)
requirements related to attainment for
so long as the area continues to attain
the standard. See 77 FR 31268; (May 25,
2012).
To summarize our proposed rule, we
described the 24-hour PM10 NAAQS,
which is 150 micrograms per cubic
meter (mg/m3), and reviewed the
designation and classification of the
Paul Spur/Douglas NA for that standard.
We then discussed how EPA makes
1 The Paul Spur/Douglas NA covers
approximately 220 square miles along the border
with Mexico within Cochise County. Cities and
towns within this area include Douglas, 2010
population 17,378, (U.S. Census) and Pirtleville,
2010 population 1,744, (U.S. Census). The 2010
population of Agua Prieta, Mexico, just across the
border from Douglas, is 78,138 (Instituto Nacional
de Estadistica y Geografia).
VerDate Mar<15>2010
16:21 Aug 01, 2012
Jkt 226001
attainment determinations for PM10 and
indicated that the 24-hour PM10 NAAQS
is attained when the expected number
of exceedances averaged over a threeyear period is less than or equal to one
at each monitoring site within the
nonattainment area. See 40 CFR part 50,
appendix K.
We described Arizona Department of
Environmental Quality’s (ADEQ’s) two
PM10 monitoring sites in the Paul Spur/
Douglas area. We noted that ADEQ’s
annual network plans have met the
applicable requirements for such plans,
and based on the findings of our
technical system audit report, ADEQ’s
monitoring network meets or exceeds
the applicable requirements. Finally, we
noted that ADEQ has certified the data
it submits to EPA’s Air Quality System
(AQS) database as quality-assured.
Next, we reviewed the ambient PM10
data collected at the two PM10
monitoring sites in the Paul Spur/
Douglas area for the most recent threeyear period, 2009–2011. We noted that
the highest annual 24-hour average
PM10 concentrations over the past three
years ranged from 46 to 85 mg/m3 at the
Paul Spur monitor and from 83 to 138
mg/m3 at the Douglas monitor. As a
result, we concluded that the area is
attaining the PM10 standard because the
expected number of exceedances per
year for the Paul Spur/Douglas NA was
less than 1.0. For additional information
on the PM10 NAAQS, the designation
and classification of the Paul Spur/
Douglas NA, ADEQ’s monitoring
network plans and certifications, the
monitoring sites in the Paul Spur/
Douglas area, and the data we relied on
for our clean data finding, please see 77
FR 31269–31271.
In conjunction with and based on our
proposed determination that the Paul
Spur/Douglas NA is currently attaining
the PM10 NAAQS, EPA proposed to
determine that Arizona’s obligation to
submit revisions to the Arizona State
Implementation Plan (SIP) to meet the
following CAA requirements is not
applicable for so long as the Paul Spur/
Douglas NA continues to attain the PM10
standard: The part D, subpart 4
obligation to provide an attainment
demonstration pursuant to section
189(a)(1)(B); the reasonably available
control measure (RACM) provisions of
section 189(a)(1)(C); the reasonable
further progress (RFP) provisions of
section 189(c); and, the attainment
demonstration, RACM, RFP and
contingency measure provisions of part
D, subpart 1 contained in section 172.
We proposed to suspend these SIP
requirements based on application of
the Clean Data Policy to the Paul Spur/
Douglas NA. In doing so, we noted that
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Frm 00064
Fmt 4700
Sfmt 4700
our application of the Clean Data Policy
to the Paul Spur/Douglas NA is
consistent with a number of actions we
have taken for other PM10
nonattainment areas that we also
determined were attaining the NAAQS.
For a detailed explanation of our Clean
Data Policy and its application to the
Paul Spur/Douglas NA, please see 77 FR
31271–31273.
Lastly, we noted that suspension of
the State’s SIP obligation would also
serve to suspend EPA’s obligation to
promulgate a Federal Implementation
Plan (FIP) to address the same
attainment-related requirements. See 77
FR 31273–31274.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received a comment from a
private citizen expressing a general
skepticism of the ability to regulate
PM10 in a desert environment; no
general information and no Paul Spur/
Douglas NA specific information was
provided to support the comment.
Furthermore, no information was
provided to dispute either the 2009–
2011 Paul Spur/Douglas ambient PM10
data, or our proposed suspension of
attainment-related SIP obligations or the
related FIP obligations. Therefore, no
response is necessary. We note,
however, that many effective measures
exist to reduce dust from anthropogenic
sources in desert environments,
including paving unpaved roads and
other unpaved surfaces used by motor
vehicles, restricting off-road vehicle use
to a designated time of year and/or
location where the effects can be
mitigated, and stabilizing soil in areas
that have been disturbed by human
activity.
III. EPA Action
No comments were submitted that
change EPA’s assessment of the 2009–
2011 ambient PM10 data collected in the
Paul Spur/Douglas NA and related
finding that the area is attaining the
NAAQS, or our application of the Clean
Data Policy as described in our
proposed action. Therefore, EPA is
finalizing its determination that the Paul
Spur/Douglas NA in Arizona is
currently attaining the NAAQS for
PM10.
EPA is also taking final action to
determine that Arizona’s obligation to
make SIP submissions to meet the
following CAA requirements is not
applicable for as long as the Paul Spur/
Douglas NA continues to attain the PM10
NAAQS: The part D, subpart 4
obligation to provide an attainment
E:\FR\FM\02AUR1.SGM
02AUR1
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
demonstration pursuant to section
189(a)(1)(B); the reasonably available
control measure (RACM) provisions of
section 189(a)(1)(C); the reasonable
further progress (RFP) provisions of
section 189(c); and, the attainment
demonstration, RACM, RFP and
contingency measure provisions of part
D, subpart 1 contained in section 172.
Lastly, EPA finds that our obligation
to promulgate a FIP addressing the Paul
Spur/Douglas NA attainment-related
requirements is suspended for as long as
the underlying State obligation is
suspended.
This final action does not constitute a
redesignation to attainment under CAA
section 107(d)(3) because Arizona has
not submitted a maintenance plan and
EPA has not approved such a plan for
the Paul Spur/Douglas NA as meeting
the requirements of section 175A of the
CAA, nor has EPA determined that
Arizona has met the other CAA
requirements for redesignation. The
classification and designation status in
40 CFR part 81 remains moderate
nonattainment for the Paul Spur/
Douglas NA until such time as EPA
determines that Arizona has met the
CAA requirements for redesignating the
Paul Spur/Douglas NA to attainment.
sroberts on DSK5SPTVN1PROD with RULES
IV. Statutory and Executive Order
Reviews
With this action, we are making a
determination regarding attainment of
the PM10 NAAQS based on air quality
data and, based on this determination,
suspending certain Federal
requirements. Therefore, this action
would not impose additional
requirements beyond those imposed by
State law or by the CAA. 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);
VerDate Mar<15>2010
16:21 Aug 01, 2012
Jkt 226001
45967
• 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
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP
obligations discussed herein do not
apply to Indian Tribes and thus 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 October 1, 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 action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
I. Background
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
On February 16, 2012, the EPA issued
the National Emission Standards for
Hazardous Air Pollutants from Coal-
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2012–18666 Filed 8–1–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR–
2011–0044, FRL 9710–1]
RIN 2060–AR62
National Emission Standards for
Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam
Generating Units and Standards of
Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam
Generating Units: Notice of Partial Stay
Environmental Protection
Agency (EPA).
ACTION: Partial stay of effectiveness of
final rule.
AGENCY:
This action stays the
effectiveness of national new source
emission standards for hazardous air
pollutants from coal- and oil-fired
electric utility steam generating units
issued pursuant to Clean Air Act section
112 that were published in the Federal
Register on February 16, 2012 (77 FR
9304).
SUMMARY:
The effective date of 40 CFR
63.9984(a), 63.10005(g), 63.10030(c),
Table 1 to subpart UUUUU of 40 CFR
part 63, and row 2 of Table 3 to subpart
UUUUU of 40 CFR part 63, published in
the Federal Register on February 16,
2012 (77 FR 9304), is stayed until
November 2, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
William Maxwell, Energy Strategies
Group, Sector Policies and Programs
Division, (D243–01), Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; Telephone number: (919) 541–
5430; Fax number (919) 541–5450;
Email address: maxwell.bill@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45965-45967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18666]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0234; FRL-9708-4]
Determination of Attainment for the Paul Spur/Douglas
PM10 Nonattainment Area, Arizona; Determination Regarding
Applicability of Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing a determination that the Paul Spur/Douglas
nonattainment area in Arizona is currently attaining the National
Ambient Air Quality Standard (NAAQS) for particulate matter with an
aerodynamic diameter of less than or equal to a nominal ten micrometers
(PM10) based on certified, quality-assured ambient air
monitoring data for the years 2009-2011. Given our determination that
the Paul Spur/Douglas nonattainment area is currently attaining the
PM10 NAAQS, EPA is also determining that Arizona's
obligation to make submissions to meet certain Clean Air Act
requirements related to attainment of the NAAQS is not applicable for
as long as the Paul Spur/Douglas nonattainment area continues to attain
the NAAQS and that the obligation on EPA to promulgate a Federal
Implementation Plan to address the State's attainment-related
requirements is also suspended for as
[[Page 45966]]
long as Arizona's underlying obligation is suspended.
DATES: Effective Date: This rule is effective on September 4, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0234 for
this action. The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, Air Planning Office,
AIR-2, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105-
3901, telephone number: (415) 947-4111, or email address,
wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA. We are providing the following
table of contents for ease of locating information in this proposal.
Table of Contents
I. EPA's Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. EPA's Proposed Action
On May 25, 2012, EPA proposed to find that the Paul Spur/Douglas
nonattainment area (NA) \1\ is currently attaining the 24-hour
PM10 NAAQS based on certified and quality-assured data from
the most recent three-year period, 2009-2011, and to suspend certain
Clean Air Act (CAA) requirements related to attainment for so long as
the area continues to attain the standard. See 77 FR 31268; (May 25,
2012).
---------------------------------------------------------------------------
\1\ The Paul Spur/Douglas NA covers approximately 220 square
miles along the border with Mexico within Cochise County. Cities and
towns within this area include Douglas, 2010 population 17,378,
(U.S. Census) and Pirtleville, 2010 population 1,744, (U.S. Census).
The 2010 population of Agua Prieta, Mexico, just across the border
from Douglas, is 78,138 (Instituto Nacional de Estadistica y
Geografia).
---------------------------------------------------------------------------
To summarize our proposed rule, we described the 24-hour
PM10 NAAQS, which is 150 micrograms per cubic meter ([mu]g/
m\3\), and reviewed the designation and classification of the Paul
Spur/Douglas NA for that standard. We then discussed how EPA makes
attainment determinations for PM10 and indicated that the
24-hour PM10 NAAQS is attained when the expected number of
exceedances averaged over a three-year period is less than or equal to
one at each monitoring site within the nonattainment area. See 40 CFR
part 50, appendix K.
We described Arizona Department of Environmental Quality's (ADEQ's)
two PM10 monitoring sites in the Paul Spur/Douglas area. We
noted that ADEQ's annual network plans have met the applicable
requirements for such plans, and based on the findings of our technical
system audit report, ADEQ's monitoring network meets or exceeds the
applicable requirements. Finally, we noted that ADEQ has certified the
data it submits to EPA's Air Quality System (AQS) database as quality-
assured.
Next, we reviewed the ambient PM10 data collected at the
two PM10 monitoring sites in the Paul Spur/Douglas area for
the most recent three-year period, 2009-2011. We noted that the highest
annual 24-hour average PM10 concentrations over the past
three years ranged from 46 to 85 [mu]g/m\3\ at the Paul Spur monitor
and from 83 to 138 [mu]g/m\3\ at the Douglas monitor. As a result, we
concluded that the area is attaining the PM10 standard
because the expected number of exceedances per year for the Paul Spur/
Douglas NA was less than 1.0. For additional information on the
PM10 NAAQS, the designation and classification of the Paul
Spur/Douglas NA, ADEQ's monitoring network plans and certifications,
the monitoring sites in the Paul Spur/Douglas area, and the data we
relied on for our clean data finding, please see 77 FR 31269-31271.
In conjunction with and based on our proposed determination that
the Paul Spur/Douglas NA is currently attaining the PM10
NAAQS, EPA proposed to determine that Arizona's obligation to submit
revisions to the Arizona State Implementation Plan (SIP) to meet the
following CAA requirements is not applicable for so long as the Paul
Spur/Douglas NA continues to attain the PM10 standard: The
part D, subpart 4 obligation to provide an attainment demonstration
pursuant to section 189(a)(1)(B); the reasonably available control
measure (RACM) provisions of section 189(a)(1)(C); the reasonable
further progress (RFP) provisions of section 189(c); and, the
attainment demonstration, RACM, RFP and contingency measure provisions
of part D, subpart 1 contained in section 172. We proposed to suspend
these SIP requirements based on application of the Clean Data Policy to
the Paul Spur/Douglas NA. In doing so, we noted that our application of
the Clean Data Policy to the Paul Spur/Douglas NA is consistent with a
number of actions we have taken for other PM10 nonattainment
areas that we also determined were attaining the NAAQS. For a detailed
explanation of our Clean Data Policy and its application to the Paul
Spur/Douglas NA, please see 77 FR 31271-31273.
Lastly, we noted that suspension of the State's SIP obligation
would also serve to suspend EPA's obligation to promulgate a Federal
Implementation Plan (FIP) to address the same attainment-related
requirements. See 77 FR 31273-31274.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received a comment from a private citizen
expressing a general skepticism of the ability to regulate
PM10 in a desert environment; no general information and no
Paul Spur/Douglas NA specific information was provided to support the
comment. Furthermore, no information was provided to dispute either the
2009-2011 Paul Spur/Douglas ambient PM10 data, or our
proposed suspension of attainment-related SIP obligations or the
related FIP obligations. Therefore, no response is necessary. We note,
however, that many effective measures exist to reduce dust from
anthropogenic sources in desert environments, including paving unpaved
roads and other unpaved surfaces used by motor vehicles, restricting
off-road vehicle use to a designated time of year and/or location where
the effects can be mitigated, and stabilizing soil in areas that have
been disturbed by human activity.
III. EPA Action
No comments were submitted that change EPA's assessment of the
2009-2011 ambient PM10 data collected in the Paul Spur/
Douglas NA and related finding that the area is attaining the NAAQS, or
our application of the Clean Data Policy as described in our proposed
action. Therefore, EPA is finalizing its determination that the Paul
Spur/Douglas NA in Arizona is currently attaining the NAAQS for
PM10.
EPA is also taking final action to determine that Arizona's
obligation to make SIP submissions to meet the following CAA
requirements is not applicable for as long as the Paul Spur/Douglas NA
continues to attain the PM10 NAAQS: The part D, subpart 4
obligation to provide an attainment
[[Page 45967]]
demonstration pursuant to section 189(a)(1)(B); the reasonably
available control measure (RACM) provisions of section 189(a)(1)(C);
the reasonable further progress (RFP) provisions of section 189(c);
and, the attainment demonstration, RACM, RFP and contingency measure
provisions of part D, subpart 1 contained in section 172.
Lastly, EPA finds that our obligation to promulgate a FIP
addressing the Paul Spur/Douglas NA attainment-related requirements is
suspended for as long as the underlying State obligation is suspended.
This final action does not constitute a redesignation to attainment
under CAA section 107(d)(3) because Arizona has not submitted a
maintenance plan and EPA has not approved such a plan for the Paul
Spur/Douglas NA as meeting the requirements of section 175A of the CAA,
nor has EPA determined that Arizona has met the other CAA requirements
for redesignation. The classification and designation status in 40 CFR
part 81 remains moderate nonattainment for the Paul Spur/Douglas NA
until such time as EPA determines that Arizona has met the CAA
requirements for redesignating the Paul Spur/Douglas NA to attainment.
IV. Statutory and Executive Order Reviews
With this action, we are making a determination regarding
attainment of the PM10 NAAQS based on air quality data and,
based on this determination, suspending certain Federal requirements.
Therefore, this action would not impose additional requirements beyond
those imposed by State law or by the CAA. 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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
Tribes and thus 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 October 1, 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 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2012-18666 Filed 8-1-12; 8:45 am]
BILLING CODE 6560-50-P
