Approval and Promulgation of Air Quality Implementation Plans; New York, New Jersey, and Connecticut; Determination of Attainment of the 2006 Fine Particle Standard, 76867-76871 [2012-31214]
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[FR Doc. 2012–31432 Filed 12–28–12; 8:45 am]
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76867
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2012–0504;
FRL–9763–6]
Approval and Promulgation of Air
Quality Implementation Plans; New
York, New Jersey, and Connecticut;
Determination of Attainment of the
2006 Fine Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
New York-N. New Jersey-Long Island,
NY–NJ–CT fine particle (PM2.5)
nonattainment area for the 2006 24-hour
PM2.5 National Ambient Air Quality
Standard (NAAQS) has attained the
2006 24-hour PM2.5 NAAQS. The
determination of attainment will
suspend the requirements for the New
York-N. New Jersey-Long Island, NY–
NJ–CT PM2.5 nonattainment area to
submit an attainment demonstration,
associated reasonably available control
measures, reasonable further progress,
contingency measures, and other
planning state implementation plans
(SIPs) related to attainment of the 2006
24-hour PM2.5 NAAQS for so long as the
area continues to attain the 2006 24hour PM2.5 NAAQS.
DATES: Effective Date: This rule is
effective on December 31, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2012–0504. All
documents in the docket are listed in
the https://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
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Programs Branch, U.S. Environmental
Protection Agency, Region II, 290
Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT:
Gavin Lau, (212) 637–3708, or by email
at lau.gavin@epa.gov if you have
questions related to New York or New
Jersey. If you have questions related to
Connecticut, please contact Alison C.
SUMMARY:
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Simcox, (617) 918–1684, or by email at
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. What action Is EPA taking?
II. What is the background for EPA’s action?
III. What comments did EPA receive on its
proposal and what is EPA’s response?
IV. What Is the effect of this action?
V. What is EPA’s final action?
VI. Statutory and executive order reviews
I. What action Is EPA taking?
EPA is determining that the New
York-N. New Jersey-Long Island, NY-NJCT fine particle (PM2.5) nonattainment
area for the 2006 24-hour PM2.5 NAAQS,
referred to from this point forward as
the NY-NJ-CT PM2.5 nonattainment area,
has attained the 2006 24-hour PM2.5
NAAQS. This determination is based
upon quality-assured, quality-controlled
and certified ambient air monitoring
data that show the area has monitored
attainment of the 2006 24-hour PM2.5
NAAQS for the 2007–2009, 2008–2010,
and 2009–2011 monitoring periods.
Specific details regarding the
determination and the rationale for
EPA’s action are explained in the
proposed rulemaking published in the
Federal Register (FR) on August 30,
2012 (77 FR 52626).
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II. What is the background for EPA’s
action?
EPA’s determination is being made in
accordance with its longstanding
interpretation under the Clean Data
Policy, and with previously issued rules
and determinations of attainment. A
brief description of the Clean Data
Policy with respect to the 2006 PM2.5
standard is set forth below. In addition,
the docket for this rulemaking includes
documentation providing more detail
regarding the application of EPA’s Clean
Data Policy to determinations of
attainment for the 2006 PM2.5 NAAQS.
In April 2007, EPA issued its PM2.5
Implementation Rule for the 1997 PM2.5
standard. 72 FR 20586; (April 25, 2007).
In March, 2012, EPA published
implementation guidance for the 2006
PM2.5 standard. See Memorandum from
Stephen D. Page, Director, Office of Air
Quality Planning and Standards,
‘‘Implementation Guidance for the 2006
24-Hour Final Particle (PM2.5) National
Ambient Air Quality Standards
(NAAQS)’’ (March 2, 2012). In that
guidance, EPA stated its view ‘‘that the
overall framework and policy approach
of the 2007 PM2.5 Implementation Rule
continues to provide effective and
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appropriate guidance on the EPA’s
interpretation of the general statutory
requirements that states should address
in their SIPs. In general, the EPA
believes that the interpretations of the
statute in the framework of the 2007
PM2.5 Implementation Rule are relevant
to the statutory requirements for the
2006 24-hour PM2.5 NAAQS * * *’’ Id.,
page 1. With respect to the statutory
provisions applicable to 2006 PM2.5
implementation, the guidance
emphasized that ‘‘EPA outlined its
interpretation of many of these
provisions in the 2007 PM2.5
Implementation Rule. In addition to
regulatory provisions, the EPA provided
substantial general guidance for
attainment plans for PM2.5 in the
preamble to the final the [sic] 2007
PM2.5 Implementation Rule.’’ Id., page 2.
In keeping with the principles set forth
in the guidance, and with respect to the
effect of a determination of attainment
for the 2006 PM2.5 standard, EPA is
applying the same interpretation here
with respect to the implications of clean
data determinations that it set forth in
the preamble to the 1997 PM2.5 standard
and in the regulation that embodies this
interpretation. 40 CFR 51.1004(c).1 EPA
has long applied this interpretation in
regulations and individual rulemakings
for the 1-hour ozone and 1997 8-hour
ozone standards, the PM–10 standard,
and the lead standard.
In 1995, based on the interpretation of
Clean Air Act (CAA) sections 171 and
172, and section 182 in the General
Preamble, EPA set forth what has
become known as its ‘‘Clean Data
Policy’’ for the 1-hour ozone NAAQS.
See Memorandum from John S. Seitz,
Director, Office of Air Quality Planning
and Standards, ‘‘Reasonable Further
Progress, Attainment Demonstration,
and Related Requirements for Ozone
Nonattainment Areas Meeting the
Ozone National Ambient Air Quality
Standard’’ (May 10, 1995). In 2004, EPA
indicated its intention to extend the
Clean Data Policy to the PM2.5 NAAQS.
See Memorandum from Steve Page,
Director, EPA Office of Air Quality
Planning and Standards, ‘‘Clean Data
Policy for the Fine Particle National
Ambient Air Quality Standards’’
(December 14, 2004).
The Clean Data Policy represents
EPA’s interpretation that certain
requirements of subpart 1 of part D of
the Act are by their terms not applicable
to areas that are currently attaining the
1 While EPA recognizes that 40 CFR 51.1004(c)
does not itself expressly apply to the 2006 PM2.5
standard, the statutory interpretation that it
embodies is identical and is applicable to both the
1997 and 2006 PM2.5 standards.
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NAAQS.2 The specific requirements
that are inapplicable to an area attaining
the standard are the requirements to
submit a SIP that provides for:
attainment of the NAAQS;
implementation of all reasonably
available control measures; reasonable
further progress (RFP); and
implementation of contingency
measures for failure to meet deadlines
for RFP and attainment.
It is important to note that the
obligation of a State with respect to an
area which attains the 2006 PM2.5
standard based on three years of data, to
submit an attainment demonstration
and related planning submissions is
suspended only for so long as the area
continues to attain the standard. If EPA
subsequently determines, after noticeand-comment rulemaking, that the area
has violated the NAAQS, the
requirements for the State to submit a
SIP to meet the previously suspended
requirements would be reinstated. It is
likewise important to note that the area
remains designated nonattainment
pending a further redesignation action.
III. What comments did EPA receive on
its proposal and what is EPA’s
response?
EPA received one adverse comment
on the proposal, from a pseudonymous
commenter. A summary of the comment
submitted and EPA’s response is
provided below.
Comment: The commenter alleges that
the determination of attainment for the
NY-NJ-CT PM2.5 nonattainment area is
inappropriate due to particulate matter
released from burning and allegedly
inadequate air quality monitoring. The
commenter also questioned the
interaction between the New Jersey
Department of Environmental Protection
and EPA.
Response: In this rulemaking, EPA is
making the determination that the NYNJ-CT PM2.5 nonattainment area has
attained the 2006 PM2.5 NAAQS. EPA is
finalizing its determination only after
conducting notice and comment
rulemaking, through a transparent
process in which the information on
which the determination is based has
been made available in the docket and
also placed in the Technical Support
Document for this rulemaking. EPA’s
determination of attainment is based on
quality-assured, quality-controlled, and
certified ambient air monitoring data.
These data establish that, for 2007–
2009, 2008–2010, and 2009–2011 the
NY-NJ-CT PM2.5 nonattainment area
2 This discussion refers to subpart 1 because
subpart 1 contains the requirements relating to
attainment of the 2006 PM2.5 NAAQS.
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meets the 2006 24-hour PM2.5 NAAQS.
Air monitoring data available for 2012
also indicate that the NY-NJ-CT PM2.5
nonattainment area is continuing to
meet the 2006 24-hour PM2.5 NAAQS.
Contrary to the commenter’s contention,
the air monitoring networks for
Connecticut, New Jersey, and New York
are adequate, and meet the requirements
for monitoring as specified in 40 CFR
Part 58. EPA meets annually with the
states to determine the adequateness of
the monitoring networks. Air
monitoring network approval letters are
included in the Technical Support
Document and docket for the proposed
rule. In conclusion, the determination of
attainment is being made based on
quality-assured air quality data from
approved monitoring networks. The
suspension of requirements for this area
to submit attainment-related planning
SIP submission requirements lasts only
as long as the area continues to meet
that standard. No other requirements are
suspended and no control measures in
the SIP are being relaxed. This action
does not change the implementation of
control measures, or air quality, in the
area.
Table 1 shows the design values by
county (i.e., the 3-year average of 98th
76869
percentile 24-hour PM2.5
concentrations) for the 2006 24-hour
PM2.5 NAAQS for the NY–NJ–CT PM2.5
nonattainment area monitors for the
years 2007 through 2011 based on
complete (except where otherwise
noted), quality-assured and certified air
quality monitoring data. As shown in
Table 1, none of the design values for
the periods of 2007–2009, 2008–2010,
and 2009–2011 in the NY–NJ–CT PM2.5
nonattainment area exceeds the 2006
24-hour PM2.5 NAAQS of 35.0
micrograms per cubic meter (mg/m3).
TABLE 1—DESIGN VALUES 3 BY COUNTY FOR THE 2006 24-HOUR PM2.5 NAAQS FOR THE NY–NJ–CT MONITORS IN
MICROGRAMS PER CUBIC METER (μG/M 3). THE STANDARD FOR THE 2006 24-HOUR PM2.5 NAAQS IS 35.0 μG/M 3
2007–2009
PM2.5 Design
Values
County
2008–2010
PM2.5 Design
Values
2009–2011
PM2.5 Design
Values
New York
Bronx ................................................................................................................................
Kings ................................................................................................................................
Nassau 4 ...........................................................................................................................
New York 5 .......................................................................................................................
Orange .............................................................................................................................
Queens ............................................................................................................................
Richmond .........................................................................................................................
Rockland ..........................................................................................................................
Suffolk ..............................................................................................................................
Westchester .....................................................................................................................
33
30
INC
6 33
26
30
29
NM
26
29
29
27
25
6 31
24
28
26
NM
25
28
28
25
23
28
23
26
24
NM
23
25
NJ
Bergen .............................................................................................................................
Essex 7 .............................................................................................................................
Hudson .............................................................................................................................
Mercer ..............................................................................................................................
Middlesex .........................................................................................................................
Monmouth ........................................................................................................................
Morris ...............................................................................................................................
Passaic ............................................................................................................................
Somerset ..........................................................................................................................
Union ................................................................................................................................
31
28
6 30
6 26
32
29
27
NM
26
30
NM
6 32
29
27
23
NM
23
INC
NM
30
25
INC
28
26
20
NM
23
25
NM
30
31
31
28
29
26
28
Connecticut
Fairfield ............................................................................................................................
New Haven ......................................................................................................................
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NM—No monitor located in county.
INC—Counties listed as INC did not meet 75 percent data completeness requirement for the relevant time period.
3 PM
2.5 Design Values can be found at: https://
www.epa.gov/airtrends/values.html.
4 The monitor located in Nassau County had
incomplete data for 2007 which led to inability to
calculate design values for the period of 2007–2009.
The monitor did not show previous violations and
therefore it was deemed that determining the design
values though alternative procedures was not
necessary.
5 The monitor in New York County located at
Public School 59 was the highest reading monitor
in the County at the time EPA made designations
for the 2006 PM2.5 NAAQS. Midway through 2008,
the monitor at PS 59 was shut down due to the
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demolition of the building site. Since missing 2008
data affected calculation of the design value for the
24-hour standard, EPA used an alternative
procedure to determine the design value for the 24hour standard. Detailed information on this
alternative procedure can be found in the Technical
Support Document for this rulemaking.
6 Design Value was calculated using the
alternative procedure described in the Technical
Support Document for this rulemaking.
7 The air monitor at the Newark Willis Center
station in Essex County was discontinued on July
24, 2008 due to an unexpected loss of access, and
replaced with a new monitor at the Newark
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Firehouse. PM2.5 monitoring was established at the
firehouse on May 13, 2009. EPA used an alternative
procedure to determine the design value for the 24hour standard for 2007–2009 and 2008–2010. The
monitor did not show any violations in 2009 and
2010, therefore it was deemed that determining the
design value for 2009–2011 through alternative
procedures was not necessary. For 2009 and 2010,
the 98th percentile value for the new monitor was
24 mg/m3. Detailed information on this alternative
procedure can be found in the Technical Support
Document for this rulemaking.
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IV. What is the effect of this action?
This final action, in accordance with
the Clean Data Policy, which is reflected
in 40 CFR 51.1004(c), suspends the
requirements for the States of
Connecticut, New Jersey, and New York,
to submit an attainment demonstration,
associated reasonably available control
measures, RFP, contingency measures,
and other planning SIPs related to
attainment of the 2006 24-hour PM2.5
NAAQS for the NY-NJ-CT PM2.5
nonattainment area for so long as the
area continues to attain the 2006 PM2.5
NAAQS.
This action does not constitute a
redesignation to attainment under
section 107(d)(3) of the CAA, because
the area does not have an approved
maintenance plan as required under
section 175A of the CAA. Nor is it a
determination that the area has met the
other requirements for redesignation.
The designation status of the area
remains nonattainment for the 2006 24hour PM2.5 NAAQS until such time as
EPA determines that the area, and/or a
State portion thereof, meets the CAA
requirements for redesignation to
attainment.
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V. What is EPA’s final action?
EPA is determining that the NY-NJ-CT
PM2.5 nonattainment area for the 2006
24-hour PM2.5 NAAQS has attained the
2006 24-hour PM2.5 NAAQS. This
determination is based upon qualityassured, quality-controlled, and
certified ambient air monitoring data
that show that the area has monitored
attainment of the 2006 24-hour PM2.5
NAAQS for the 2007–2009 and 2008–
2010 and 2009–2011 monitoring
periods. Preliminary air monitoring data
available for 2012 are consistent with
the determination that the NY-NJ-CT
PM2.5 nonattainment area is continuing
to meet the 2006 24-hour PM2.5 NAAQS.
This final action, in accordance with the
Clean Data Policy, suspends the
requirements for the States of New York,
New Jersey and Connecticut to submit,
for the NY-NJ-CT PM2.5 nonattainment
area, an attainment demonstration,
associated reasonably available control
measures, RFP, contingency measures,
and other planning SIPs related to
attainment of the 2006 24-hour PM2.5
NAAQS in the area for so long as the
area continues to attain the 2006 24hour PM2.5 NAAQS. If EPA
subsequently determines, after noticeand-comment rulemaking in the Federal
Register, that the NY-NJ-CT PM2.5
nonattainment area has violated the
2006 24-hour PM2.5 NAAQS, the basis
for the suspension of the specific
requirements would no longer exist for
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the area, and the affected States would
thereafter have to address the applicable
requirements for the 2006 24-hour PM2.5
NAAQS.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
upon publication. A delayed effective
date is unnecessary due to the nature of
a determination of attainment, which
suspends the obligation to submit
certain attainment-related CAA
planning requirements that would
otherwise apply. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the affected
States of the obligation to submit certain
attainment-related planning
requirements for this PM2.5
nonattainment area. For these reasons,
EPA finds good cause under 5 U.S.C.
553(d)(3) for this action to become
effective on the date of publication of
this notice.
VI. Statutory and Executive Order
Reviews
This action makes an attainment
determination based on air quality and
results in the suspension of certain
Federal requirements, and it does not
impose additional requirements beyond
those imposed by state law.
For these reasons, 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.);
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• 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.
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 March 1, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
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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, Particulate matter.
Subpart HH—New York
4. Section 52.1678 is amended by
adding paragraph (f) to read as follows:
■
Dated: November 28, 2012.
Judith A. Enck,
Regional Administrator, Region II.
§ 52.1678 Control strategy and
regulations: Particulate matter.
Dated: December 11, 2012.
H. Curtis Spalding,
Regional Administrator, Region I.
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.379 is amended by
adding paragraph (g) to read as follows:
■
[FR Doc. 2012–31214 Filed 12–28–12; 8:45 am]
BILLING CODE 6560–50–P
Control strategy: PM2.5.
*
*
*
*
*
(g) Determination of Attainment. EPA
has determined, as of December 31,
2012, that the New York-N. New JerseyLong Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area has attained
the 2006 PM2.5 National Ambient Air
Quality Standard. This determination
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 the area
continues to attain the 2006 PM2.5
NAAQS.
Subpart FF—New Jersey
3. Section 52.1602 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1602 Control strategy and
regulations: PM2.5.
*
ebenthall on DSK5TPTVN1PROD with
*
*
*
*
(f) Determination of Attainment. EPA
has determined, as of December 31,
2012, that the New York-N. New JerseyLong Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area has attained
the 2006 PM2.5 National Ambient Air
Quality Standard. This determination
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably control available
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 attain the 2006 PM2.5
NAAQS.
■
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
§ 52.379
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 attain the 2006 PM2.5
NAAQS.
*
*
*
*
(e) Determination of Attainment. EPA
has determined, as of December 31,
2012, that the New York-N. New JerseyLong Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area has attained
the 2006 PM2.5 National Ambient Air
Quality Standard. This determination
suspends the requirements for this area
to submit an attainment demonstration,
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0770, FRL–9734–8]
Approval and Promulgation of
Implementation Plans; State of
Colorado; Regional Haze State
Implementation Plan
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Colorado on
May 25, 2011 that addresses regional
haze. Colorado submitted this SIP
revision to meet the requirements of the
Clean Air Act (CAA or ‘‘the Act’’) and
our rules that require states to prevent
any future and remedy any existing
man-made impairment of visibility in
mandatory Class I areas caused by
emissions of air pollutants from
numerous sources located over a wide
geographic area (also referred to as the
‘‘regional haze program’’). EPA is taking
this action pursuant to section 110 of
the CAA.
DATES: This final rule is effective
January 30, 2013.
SUMMARY:
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
76871
EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0770. All
documents in the docket are listed on
the www.regulations.gov Web site.
Publicly available docket materials
are available either electronically
through www.regulations.gov, or in hard
copy at the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if, at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Laurel Dygowski, Air Program,
Mailcode 8P–AR, Environmental
Protection Agency, Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6144,
dygowski.laurel@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Background
A. Regional Haze
B. Lawsuits
C. Our Proposal
D. Public Participation
II. Final Action
III. Basis for Our Final Action
IV. Issues Raised by Commenters and EPA’s
Response
A. NOX BART for Tri-State Craig Unit 1
and Unit 2
B. NOX BART Determination for Martin
Drake Units 5, 6, and 7
C. BART Determination for Colorado
Energy Nations (CENC) Unit 4 and Unit
5
D. NOX BART Determination for Cemex
Lyons Kiln
E. NOX BART Determination for Comanche
Unit 1 and Unit 2
F. NOX Reasonable Progress Determination
for Craig Unit 3
G. NOX Reasonable Progress Determination
for Nucla
H. Reasonable Progress for Rio Grande
Cement Company (GCC)
I. Legal Issues
1. Public Service Company of Colorado
(PSCO) BART Alternative
2. Timing of Implementation
3. Compliance With Section 110(l)
J. Comments Generally in Favor of Our
Proposal
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
i. The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76867-76871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31214]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2012-0504; FRL-9763-6]
Approval and Promulgation of Air Quality Implementation Plans;
New York, New Jersey, and Connecticut; Determination of Attainment of
the 2006 Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the New York-N. New Jersey-Long Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 2006 24-hour
PM2.5 National Ambient Air Quality Standard (NAAQS) has
attained the 2006 24-hour PM2.5 NAAQS. The determination of
attainment will suspend the requirements for the New York-N. New
Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area to
submit an attainment demonstration, associated reasonably available
control measures, reasonable further progress, contingency measures,
and other planning state implementation plans (SIPs) related to
attainment of the 2006 24-hour PM2.5 NAAQS for so long as
the area continues to attain the 2006 24-hour PM2.5 NAAQS.
DATES: Effective Date: This rule is effective on December 31, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2012-0504. All documents in the docket are listed in
the https://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 https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Programs Branch, U.S. Environmental
Protection Agency, Region II, 290 Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT: Gavin Lau, (212) 637-3708, or by email
at lau.gavin@epa.gov if you have questions related to New York or New
Jersey. If you have questions related to Connecticut, please contact
Alison C.
[[Page 76868]]
Simcox, (617) 918-1684, or by email at simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The SUPPLEMENTARY INFORMATION section is arranged as follows:
I. What action Is EPA taking?
II. What is the background for EPA's action?
III. What comments did EPA receive on its proposal and what is EPA's
response?
IV. What Is the effect of this action?
V. What is EPA's final action?
VI. Statutory and executive order reviews
I. What action Is EPA taking?
EPA is determining that the New York-N. New Jersey-Long Island, NY-
NJ-CT fine particle (PM2.5) nonattainment area for the 2006
24-hour PM2.5 NAAQS, referred to from this point forward as
the NY-NJ-CT PM2.5 nonattainment area, has attained the 2006
24-hour PM2.5 NAAQS. This determination is based upon
quality-assured, quality-controlled and certified ambient air
monitoring data that show the area has monitored attainment of the 2006
24-hour PM2.5 NAAQS for the 2007-2009, 2008-2010, and 2009-
2011 monitoring periods. Specific details regarding the determination
and the rationale for EPA's action are explained in the proposed
rulemaking published in the Federal Register (FR) on August 30, 2012
(77 FR 52626).
II. What is the background for EPA's action?
EPA's determination is being made in accordance with its
longstanding interpretation under the Clean Data Policy, and with
previously issued rules and determinations of attainment. A brief
description of the Clean Data Policy with respect to the 2006
PM2.5 standard is set forth below. In addition, the docket
for this rulemaking includes documentation providing more detail
regarding the application of EPA's Clean Data Policy to determinations
of attainment for the 2006 PM2.5 NAAQS.
In April 2007, EPA issued its PM2.5 Implementation Rule
for the 1997 PM2.5 standard. 72 FR 20586; (April 25, 2007).
In March, 2012, EPA published implementation guidance for the 2006
PM2.5 standard. See Memorandum from Stephen D. Page,
Director, Office of Air Quality Planning and Standards,
``Implementation Guidance for the 2006 24-Hour Final Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS)''
(March 2, 2012). In that guidance, EPA stated its view ``that the
overall framework and policy approach of the 2007 PM2.5
Implementation Rule continues to provide effective and appropriate
guidance on the EPA's interpretation of the general statutory
requirements that states should address in their SIPs. In general, the
EPA believes that the interpretations of the statute in the framework
of the 2007 PM2.5 Implementation Rule are relevant to the
statutory requirements for the 2006 24-hour PM2.5 NAAQS * *
*'' Id., page 1. With respect to the statutory provisions applicable to
2006 PM2.5 implementation, the guidance emphasized that
``EPA outlined its interpretation of many of these provisions in the
2007 PM2.5 Implementation Rule. In addition to regulatory
provisions, the EPA provided substantial general guidance for
attainment plans for PM2.5 in the preamble to the final the
[sic] 2007 PM2.5 Implementation Rule.'' Id., page 2. In
keeping with the principles set forth in the guidance, and with respect
to the effect of a determination of attainment for the 2006
PM2.5 standard, EPA is applying the same interpretation here
with respect to the implications of clean data determinations that it
set forth in the preamble to the 1997 PM2.5 standard and in
the regulation that embodies this interpretation. 40 CFR 51.1004(c).\1\
EPA has long applied this interpretation in regulations and individual
rulemakings for the 1-hour ozone and 1997 8-hour ozone standards, the
PM-10 standard, and the lead standard.
---------------------------------------------------------------------------
\1\ While EPA recognizes that 40 CFR 51.1004(c) does not itself
expressly apply to the 2006 PM2.5 standard, the statutory
interpretation that it embodies is identical and is applicable to
both the 1997 and 2006 PM2.5 standards.
---------------------------------------------------------------------------
In 1995, based on the interpretation of Clean Air Act (CAA)
sections 171 and 172, and section 182 in the General Preamble, EPA set
forth what has become known as its ``Clean Data Policy'' for the 1-hour
ozone NAAQS. See Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, ``Reasonable Further Progress,
Attainment Demonstration, and Related Requirements for Ozone
Nonattainment Areas Meeting the Ozone National Ambient Air Quality
Standard'' (May 10, 1995). In 2004, EPA indicated its intention to
extend the Clean Data Policy to the PM2.5 NAAQS. See
Memorandum from Steve Page, Director, EPA Office of Air Quality
Planning and Standards, ``Clean Data Policy for the Fine Particle
National Ambient Air Quality Standards'' (December 14, 2004).
The Clean Data Policy represents EPA's interpretation that certain
requirements of subpart 1 of part D of the Act are by their terms not
applicable to areas that are currently attaining the NAAQS.\2\ The
specific requirements that are inapplicable to an area attaining the
standard are the requirements to submit a SIP that provides for:
attainment of the NAAQS; implementation of all reasonably available
control measures; reasonable further progress (RFP); and implementation
of contingency measures for failure to meet deadlines for RFP and
attainment.
---------------------------------------------------------------------------
\2\ This discussion refers to subpart 1 because subpart 1
contains the requirements relating to attainment of the 2006
PM2.5 NAAQS.
---------------------------------------------------------------------------
It is important to note that the obligation of a State with respect
to an area which attains the 2006 PM2.5 standard based on
three years of data, to submit an attainment demonstration and related
planning submissions is suspended only for so long as the area
continues to attain the standard. If EPA subsequently determines, after
notice-and-comment rulemaking, that the area has violated the NAAQS,
the requirements for the State to submit a SIP to meet the previously
suspended requirements would be reinstated. It is likewise important to
note that the area remains designated nonattainment pending a further
redesignation action.
III. What comments did EPA receive on its proposal and what is EPA's
response?
EPA received one adverse comment on the proposal, from a
pseudonymous commenter. A summary of the comment submitted and EPA's
response is provided below.
Comment: The commenter alleges that the determination of attainment
for the NY-NJ-CT PM2.5 nonattainment area is inappropriate
due to particulate matter released from burning and allegedly
inadequate air quality monitoring. The commenter also questioned the
interaction between the New Jersey Department of Environmental
Protection and EPA.
Response: In this rulemaking, EPA is making the determination that
the NY-NJ-CT PM2.5 nonattainment area has attained the 2006
PM2.5 NAAQS. EPA is finalizing its determination only after
conducting notice and comment rulemaking, through a transparent process
in which the information on which the determination is based has been
made available in the docket and also placed in the Technical Support
Document for this rulemaking. EPA's determination of attainment is
based on quality-assured, quality-controlled, and certified ambient air
monitoring data. These data establish that, for 2007-2009, 2008-2010,
and 2009-2011 the NY-NJ-CT PM2.5 nonattainment area
[[Page 76869]]
meets the 2006 24-hour PM2.5 NAAQS. Air monitoring data
available for 2012 also indicate that the NY-NJ-CT PM2.5
nonattainment area is continuing to meet the 2006 24-hour
PM2.5 NAAQS. Contrary to the commenter's contention, the air
monitoring networks for Connecticut, New Jersey, and New York are
adequate, and meet the requirements for monitoring as specified in 40
CFR Part 58. EPA meets annually with the states to determine the
adequateness of the monitoring networks. Air monitoring network
approval letters are included in the Technical Support Document and
docket for the proposed rule. In conclusion, the determination of
attainment is being made based on quality-assured air quality data from
approved monitoring networks. The suspension of requirements for this
area to submit attainment-related planning SIP submission requirements
lasts only as long as the area continues to meet that standard. No
other requirements are suspended and no control measures in the SIP are
being relaxed. This action does not change the implementation of
control measures, or air quality, in the area.
Table 1 shows the design values by county (i.e., the 3-year average
of 98th percentile 24-hour PM2.5 concentrations) for the
2006 24-hour PM2.5 NAAQS for the NY-NJ-CT PM2.5
nonattainment area monitors for the years 2007 through 2011 based on
complete (except where otherwise noted), quality-assured and certified
air quality monitoring data. As shown in Table 1, none of the design
values for the periods of 2007-2009, 2008-2010, and 2009-2011 in the
NY-NJ-CT PM2.5 nonattainment area exceeds the 2006 24-hour
PM2.5 NAAQS of 35.0 micrograms per cubic meter ([mu]g/m\3\).
---------------------------------------------------------------------------
\3\ PM2.5 Design Values can be found at: https://www.epa.gov/airtrends/values.html.
\4\ The monitor located in Nassau County had incomplete data for
2007 which led to inability to calculate design values for the
period of 2007-2009. The monitor did not show previous violations
and therefore it was deemed that determining the design values
though alternative procedures was not necessary.
\5\ The monitor in New York County located at Public School 59
was the highest reading monitor in the County at the time EPA made
designations for the 2006 PM2.5 NAAQS. Midway through
2008, the monitor at PS 59 was shut down due to the demolition of
the building site. Since missing 2008 data affected calculation of
the design value for the 24-hour standard, EPA used an alternative
procedure to determine the design value for the 24-hour standard.
Detailed information on this alternative procedure can be found in
the Technical Support Document for this rulemaking.
\6\ Design Value was calculated using the alternative procedure
described in the Technical Support Document for this rulemaking.
\7\ The air monitor at the Newark Willis Center station in Essex
County was discontinued on July 24, 2008 due to an unexpected loss
of access, and replaced with a new monitor at the Newark Firehouse.
PM2.5 monitoring was established at the firehouse on May
13, 2009. EPA used an alternative procedure to determine the design
value for the 24-hour standard for 2007-2009 and 2008-2010. The
monitor did not show any violations in 2009 and 2010, therefore it
was deemed that determining the design value for 2009-2011 through
alternative procedures was not necessary. For 2009 and 2010, the
98th percentile value for the new monitor was 24 [micro]g/m\3\.
Detailed information on this alternative procedure can be found in
the Technical Support Document for this rulemaking.
Table 1--Design Values \3\ by County for the 2006 24-Hour PM2.5 NAAQS for the NY-NJ-CT Monitors in Micrograms
per Cubic Meter ([mu]g/m \3\). The Standard for the 2006 24-Hour PM2.5 NAAQS Is 35.0 [mu]g/m \3\
----------------------------------------------------------------------------------------------------------------
2007-2009 PM2.5 2008-2010 PM2.5 2009-2011 PM2.5
County Design Values Design Values Design Values
----------------------------------------------------------------------------------------------------------------
New York
----------------------------------------------------------------------------------------------------------------
Bronx..................................................... 33 29 28
Kings..................................................... 30 27 25
Nassau \4\................................................ INC 25 23
New York \5\.............................................. \6\ 33 \6\ 31 28
Orange.................................................... 26 24 23
Queens.................................................... 30 28 26
Richmond.................................................. 29 26 24
Rockland.................................................. NM NM NM
Suffolk................................................... 26 25 23
Westchester............................................... 29 28 25
----------------------------------------------------------------------------------------------------------------
NJ
----------------------------------------------------------------------------------------------------------------
Bergen.................................................... 31 28 25
Essex \7\................................................. \6\ 30 \6\ 26 INC
Hudson.................................................... 32 29 28
Mercer.................................................... 29 27 26
Middlesex................................................. 27 23 20
Monmouth.................................................. NM NM NM
Morris.................................................... 26 23 23
Passaic................................................... 30 INC 25
Somerset.................................................. NM NM NM
Union..................................................... \6\ 32 30 30
----------------------------------------------------------------------------------------------------------------
Connecticut
----------------------------------------------------------------------------------------------------------------
Fairfield................................................. 31 28 26
New Haven................................................. 31 29 28
----------------------------------------------------------------------------------------------------------------
NM--No monitor located in county.
INC--Counties listed as INC did not meet 75 percent data completeness requirement for the relevant time period.
[[Page 76870]]
IV. What is the effect of this action?
This final action, in accordance with the Clean Data Policy, which
is reflected in 40 CFR 51.1004(c), suspends the requirements for the
States of Connecticut, New Jersey, and New York, to submit an
attainment demonstration, associated reasonably available control
measures, RFP, contingency measures, and other planning SIPs related to
attainment of the 2006 24-hour PM2.5 NAAQS for the NY-NJ-CT
PM2.5 nonattainment area for so long as the area continues
to attain the 2006 PM2.5 NAAQS.
This action does not constitute a redesignation to attainment under
section 107(d)(3) of the CAA, because the area does not have an
approved maintenance plan as required under section 175A of the CAA.
Nor is it a determination that the area has met the other requirements
for redesignation. The designation status of the area remains
nonattainment for the 2006 24-hour PM2.5 NAAQS until such
time as EPA determines that the area, and/or a State portion thereof,
meets the CAA requirements for redesignation to attainment.
V. What is EPA's final action?
EPA is determining that the NY-NJ-CT PM2.5 nonattainment
area for the 2006 24-hour PM2.5 NAAQS has attained the 2006
24-hour PM2.5 NAAQS. This determination is based upon
quality-assured, quality-controlled, and certified ambient air
monitoring data that show that the area has monitored attainment of the
2006 24-hour PM2.5 NAAQS for the 2007-2009 and 2008-2010 and
2009-2011 monitoring periods. Preliminary air monitoring data available
for 2012 are consistent with the determination that the NY-NJ-CT
PM2.5 nonattainment area is continuing to meet the 2006 24-
hour PM2.5 NAAQS. This final action, in accordance with the
Clean Data Policy, suspends the requirements for the States of New
York, New Jersey and Connecticut to submit, for the NY-NJ-CT
PM2.5 nonattainment area, an attainment demonstration,
associated reasonably available control measures, RFP, contingency
measures, and other planning SIPs related to attainment of the 2006 24-
hour PM2.5 NAAQS in the area for so long as the area
continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA
subsequently determines, after notice-and-comment rulemaking in the
Federal Register, that the NY-NJ-CT PM2.5 nonattainment area
has violated the 2006 24-hour PM2.5 NAAQS, the basis for the
suspension of the specific requirements would no longer exist for the
area, and the affected States would thereafter have to address the
applicable requirements for the 2006 24-hour PM2.5 NAAQS.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
determination of attainment, which suspends the obligation to submit
certain attainment-related CAA planning requirements that would
otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves the affected States of the obligation to submit certain
attainment-related planning requirements for this PM2.5
nonattainment area. For these reasons, EPA finds good cause under 5
U.S.C. 553(d)(3) for this action to become effective on the date of
publication of this notice.
VI. Statutory and Executive Order Reviews
This action makes an attainment determination based on air quality
and results in the suspension of certain Federal requirements, and it
does not impose additional requirements beyond those imposed by state
law.
For these reasons, 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.
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 March 1, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed,
[[Page 76871]]
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, Particulate matter.
Dated: November 28, 2012.
Judith A. Enck,
Regional Administrator, Region II.
Dated: December 11, 2012.
H. Curtis Spalding,
Regional Administrator, Region I.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart H--Connecticut
0
2. Section 52.379 is amended by adding paragraph (g) to read as
follows:
Sec. 52.379 Control strategy: PM2.5.
* * * * *
(g) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination 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 the area continues to attain the 2006 PM2.5 NAAQS.
Subpart FF--New Jersey
0
3. Section 52.1602 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(e) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination 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 the area continues to attain the 2006 PM2.5 NAAQS.
Subpart HH--New York
0
4. Section 52.1678 is amended by adding paragraph (f) to read as
follows:
Sec. 52.1678 Control strategy and regulations: Particulate matter.
* * * * *
0
(f) Determination of Attainment. EPA has determined, as of December 31,
2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably control available
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 attain the 2006 PM2.5 NAAQS.
[FR Doc. 2012-31214 Filed 12-28-12; 8:45 am]
BILLING CODE 6560-50-P
