Approval and Promulgation of Air Quality Implementation Plans; Washington; Determination of Clean Data for the 2006 24-Hour Fine Particulate Standard for the Tacoma, Pierce County Nonattainment Area, 53772-53773 [2012-21560]
Download as PDF
<![CDATA[
sroberts on DSK5SPTVN1PROD with RULES
53772
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Rules and Regulations
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port Sector New York (COTP), to act on
his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for event
coordinators and support vessels, will
be allowed to transit the safety zone
without the permission of the COTP.
Vessels not associated with the event
that are permitted to enter the regulated
areas shall maintain a separation of at
least 100 yards from the participants.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light, or other means, the operator of a
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the regulated
area, citation for failure to comply, or
both.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated representative via VHF
channel 16 or 718–354–4353 (Sector
New York command center) to obtain
permission to do so.
(5) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times,
unless authorized by COTP or the
designated representative.
(6) The COTP or the designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
Dated: August 20, 2012.
G.A. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2012–21717 Filed 8–31–12; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
16:13 Aug 31, 2012
Jkt 226001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2012–0380; FRL– 9723–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Determination of Clean
Data for the 2006 24-Hour Fine
Particulate Standard for the Tacoma,
Pierce County Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making a final
determination that the Tacoma, Pierce
County nonattainment area (hereafter
referred to as ‘‘Tacoma, Pierce County’’
or ‘‘the area’’) has clean data for the
2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality
Standard (NAAQS). This determination
is based upon complete, qualityassured, quality-controlled, and
certified ambient air monitoring data
showing that the area has monitored
attainment of the 2006 PM2.5 NAAQS
based on the 2009–2011 data available
in EPA’s Air Quality System (AQS)
database. EPA’s determination relieves
the area 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 the area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on October 4, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R10–OAR–2012–0380. 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 EPA Region 10, Office
of Air, Waste and Toxics, 1200 Sixth
Avenue, Seattle WA, 98101.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt at telephone number: (206) 553–
SUMMARY:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
0256, email address: hunt.jeff@epa.gov,
or the above EPA, Region 10 address.
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 a final determination
that the Tacoma, Pierce County
nonattainment area has clean data for
the 2006 24-hour PM2.5 NAAQS. This
determination is based upon complete,
quality-assured, quality-controlled, and
certified ambient air monitoring data
showing that the area has monitored
attainment of the 2006 PM2.5 NAAQS
based on 2009–2011 monitoring data.
On July 5, 2012 (77 FR 39657), EPA
proposed a determination of clean data
for the Tacoma, Pierce County
nonattainment area. A discussion of the
rationale behind this determination and
the effect of the determination 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
Tacoma, Pierce County nonattainment
area 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 area
continues to meet the 24-hour 2006
PM2.5 NAAQS. If EPA subsequently
determines that the area violates the 24hour 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
the area would thereafter have to
address the pertinent requirements.
This action does not constitute a
redesignation of the area 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 a maintenance plan
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 this
determination of attainment by EPA, the
designation status of the area is
nonattainment for the 24-hour 2006
PM2.5 NAAQS until such time as EPA
E:\FR\FM\04SER1.SGM
04SER1
Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Rules and Regulations
determines that the area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the area.
III. Statutory and Executive Order
Reviews
sroberts on DSK5SPTVN1PROD with RULES
A. General Requirements
This action makes a determination 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 rulemaking that the
Tacoma, Pierce County PM2.5
nonattainment area has clean data for
the 2006 24-hour PM2.5 standard does
not impose substantial direct costs on
tribal governments or preempt tribal law
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
VerDate Mar<15>2010
16:13 Aug 31, 2012
Jkt 226001
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 November 5, 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
Tacoma, Pierce County nonattainment
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, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 20, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
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 WW—Washington
2. In § 52.2475, paragraph (e)(4) is
added to read as follows:
■
§ 52.2475
Approval of plans.
*
*
PO 00000
*
Frm 00005
*
Fmt 4700
*
Sfmt 4700
53773
(e) * * *
(4) Tacoma
(i) Determination of Clean Data. EPA
has determined, as of September 4,
2012, that based on 2009 to 2011
ambient air quality data the Tacoma,
Pierce County nonattainment area has
attained the 24-hour 2006 PM2.5
NAAQS. This determination, in
accordance with 40 CFR 51.1004(c),
suspends the requirements for the 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 the area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
(ii) [Reserved]
*
*
*
*
*
[FR Doc. 2012–21560 Filed 8–31–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0236; FRL–9711–2]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
(SCAQMD)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
a revision to the SCAQMD portion of
the California State Implementation
Plan (SIP). This action was published on
June 1, 2012 and concerns particulate
matter (PM) emissions from cement
manufacturing facilities. We are
approving a local rule that regulates this
emission source under the Clean Air Act
as amended in 1990 (CAA or the Act).
DATES: This rule will be effective on
October 4, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0236 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
SUMMARY:
E:\FR\FM\04SER1.SGM
04SER1
]]>Agencies
[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Rules and Regulations]
[Pages 53772-53773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21560]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2012-0380; FRL- 9723-4]
Approval and Promulgation of Air Quality Implementation Plans;
Washington; Determination of Clean Data for the 2006 24-Hour Fine
Particulate Standard for the Tacoma, Pierce County Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a final determination that the Tacoma, Pierce
County nonattainment area (hereafter referred to as ``Tacoma, Pierce
County'' or ``the area'') has clean data for the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS). This determination is based upon complete, quality-
assured, quality-controlled, and certified ambient air monitoring data
showing that the area has monitored attainment of the 2006
PM2.5 NAAQS based on the 2009-2011 data available in EPA's
Air Quality System (AQS) database. EPA's determination relieves the
area 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 the area continues to meet the 24-hour 2006 PM2.5
NAAQS.
DATES: Effective Date: This final rule is effective on October 4, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R10-OAR-2012-0380. 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 EPA Region
10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle WA,
98101.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206)
553-0256, email address: hunt.jeff@epa.gov, or the above EPA, Region 10
address.
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 a final determination that the Tacoma, Pierce County
nonattainment area has clean data for the 2006 24-hour PM2.5
NAAQS. This determination is based upon complete, quality-assured,
quality-controlled, and certified ambient air monitoring data showing
that the area has monitored attainment of the 2006 PM2.5
NAAQS based on 2009-2011 monitoring data.
On July 5, 2012 (77 FR 39657), EPA proposed a determination of
clean data for the Tacoma, Pierce County nonattainment area. A
discussion of the rationale behind this determination and the effect of
the determination 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 Tacoma, Pierce County
nonattainment area 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 area continues
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently
determines that the 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 the area would
thereafter have to address the pertinent requirements.
This action does not constitute a redesignation of the area 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 a maintenance plan 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 this determination of
attainment by EPA, the designation status of the area is nonattainment
for the 24-hour 2006 PM2.5 NAAQS until such time as EPA
[[Page 53773]]
determines that the area meets the CAA requirements for redesignation
to attainment and takes action to redesignate the area.
III. Statutory and Executive Order Reviews
A. General Requirements
This action makes a determination 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 rulemaking that the Tacoma, Pierce County
PM2.5 nonattainment area has clean data for the 2006 24-hour
PM2.5 standard does not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
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 November 5, 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 Tacoma, Pierce County nonattainment 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 20, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
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 WW--Washington
0
2. In Sec. 52.2475, paragraph (e)(4) is added to read as follows:
Sec. 52.2475 Approval of plans.
* * * * *
(e) * * *
(4) Tacoma
(i) Determination of Clean Data. EPA has determined, as of
September 4, 2012, that based on 2009 to 2011 ambient air quality data
the Tacoma, Pierce County nonattainment area has attained the 24-hour
2006 PM2.5 NAAQS. This determination, in accordance with 40
CFR 51.1004(c), suspends the requirements for the 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 the area continues to meet the 24-hour 2006 PM2.5 NAAQS.
(ii) [Reserved]
* * * * *
[FR Doc. 2012-21560 Filed 8-31-12; 8:45 am]
BILLING CODE 6560-50-P
