Determination of Attainment for the Nogales Nonattainment Area for the 2006 Fine Particle Standard; Arizona; Determination Regarding Applicability of Clean Air Act Requirements, 887-889 [2012-31639]
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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations
TKELLEY on DSK3SPTVN1PROD with
requirements of section 189(c); and the
attainment demonstration, RACM, RFP,
and contingency measure requirements
of part D, subpart 1 contained in section
172.
This final action does not constitute a
redesignation to attainment under CAA
section 107(d)(3) because Utah has not
submitted a maintenance plan and EPA
has not approved such a plan for the
Ogden City nonattainment area as
meeting the requirements of section
175A of the CAA, nor has EPA
determined that Utah has met the other
CAA requirements for redesignation.
The classification and designation status
in 40 CFR part 81 remains moderate
nonattainment for the Ogden City
nonattainment area until such time as
EPA determines that Utah has met the
CAA requirements for redesignating the
Ogden City nonattainment area 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
VerDate Mar<15>2010
19:37 Jan 04, 2013
Jkt 229001
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 proposed action does
not have Tribal implications as
specified by Executive Order 13175 (65
FR 67249; November 9, 2000), because
the determinations 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 March 8, 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,
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) of the CAA.)
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.
PO 00000
Frm 00031
Fmt 4700
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887
Dated: December 17, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012–31560 Filed 1–4–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0752; FRL–9766–8]
Determination of Attainment for the
Nogales Nonattainment Area for the
2006 Fine Particle Standard; Arizona;
Determination Regarding Applicability
of Clean Air Act Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the Nogales
nonattainment area in Arizona has
attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality
Standard (NAAQS). This determination
is based upon complete, qualityassured, and certified ambient air
monitoring data showing that this area
has monitored attainment of the 2006
24-hour PM2.5 NAAQS based on the
2009–2011 monitoring period. Based on
the above determination, the
requirements for this area to submit an
attainment demonstration, together with
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, and contingency measures
for failure to meet RFP and attainment
deadlines are suspended for so long as
the area continues to attain the 2006 24hour PM2.5 NAAQS.
DATES: This rule is effective on February
6, 2013.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0752 for
this action. Generally, documents in the
docket for this action are 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 at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g.,
Confidential Business Information). 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.
SUMMARY:
E:\FR\FM\07JAR1.SGM
07JAR1
888
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations
John
Ungvarsky, (415) 972–3963, or by email
at ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
TKELLEY on DSK3SPTVN1PROD with
I. Summary of Proposed Action
On October 30, 2012 (77 FR 65656),
EPA proposed to determine that the
Nogales nonattainment area 1 has
attained the 2006 24-hour NAAQS 2 for
fine particles (generally referring to
particles less than or equal to 2.5
micrometers in diameter, PM2.5).
In our proposed rule, we explained
how EPA makes an attainment
determination for the 2006 24-hour
PM2.5 NAAQS by reference to complete,
quality-assured data gathered at a State
and Local Air Monitoring Station(s)
(SLAMS) and entered into EPA’s Air
Quality System (AQS) database and by
reference to 40 CFR 50.13 (‘‘National
primary and secondary ambient air
quality standards for PM2.5’’) and
appendix N to [40 CFR] part 50
(‘‘Interpretation of the National Ambient
Air Quality Standards for PM2.5’’). EPA
proposed the determination of
attainment for the Nogales area based
upon a review of the monitoring
network operated by the Arizona
Department of Environmental Quality
(ADEQ) and the data collected at the
one monitoring site operating during the
most recent complete three-year period
(i.e., 2009 to 2011). Based on this
review, EPA found that complete,
quality-assured and certified data for the
Nogales area showed that the 24-hour
design value for the 2009–2011 period
was equal to or less than 35 m/m3 at the
monitor site. See the data summary
table on page 65658 of the October 30,
2012 proposed rule. We also noted that
preliminary data available in AQS for
2012 indicates that the Nogales area
continues to attain the NAAQS.
In our proposed rule, based on the
proposed determination of attainment,
we also proposed to apply EPA’s Clean
Data Policy to the 2006 PM2.5 NAAQS
and thereby suspend the requirements
1 Covering 76.1 square miles, the Nogales PM
2.5
nonattainment area is located within Santa Cruz
County, Arizona, with the southernmost boundary
of the nonattainment area and Santa Cruz County
being the U.S./Mexico border.
2 The 2006 24-hour PM
2.5 NAAQS is 35
micrograms per cubic meter (mg/m3), based on a 3year average of the 98th percentile of 24-hour
concentrations.
VerDate Mar<15>2010
19:37 Jan 04, 2013
Jkt 229001
for this area to submit an attainment
demonstration, associated reasonably
available control measures (RACM), a
reasonable further progress (RFP) plan,
and contingency measures for so long as
the area continues to attain the 2006 24hour PM2.5 NAAQS. See pages 65658–
65660 of our October 30, 2012 proposed
rule. In proposing to apply the Clean
Data Policy to the 2006 PM2.5 NAAQS,
we explained how we are applying the
same statutory interpretation with
respect to the implications of clean data
determinations that the Agency has long
applied in regulations for the 1997 8hour ozone and PM2.5 NAAQS and in
individual rulemakings for the 1-hour
ozone, PM10 and lead NAAQS.
Please see the October 30, 2012
proposed rule for more detailed
information concerning the PM2.5
NAAQS, designations of PM2.5
nonattainment areas, the regulatory
basis for determining attainment of the
NAAQS, ADEQ’s PM2.5 monitoring
network, EPA’s review and evaluation
of the data, and the rationale and
implications for application of the Clean
Data Policy to the 2006 PM2.5 NAAQS.
II. Public Comments and EPA
Responses
EPA’s proposed rule provided a 30day public comment period. During this
period, we received no comments.
III. EPA’s Final Action
For the reasons provided in the
proposed rule and summarized herein,
EPA is taking final action to determine
that the Nogales nonattainment area in
Arizona has attained the 2006 24-hour
PM2.5 NAAQS based on the most recent
three years of complete, quality-assured,
and certified data in AQS for 2009–
2011. Preliminary data available in AQS
for 2012 show that this area continues
to attain the standard.
EPA is also taking final action, based
on the above determination of
attainment, to suspend the requirements
for the Nogales nonattainment area to
submit an attainment demonstration
and associated RACM, a RFP plan,
contingency measures, and any other
planning SIPs related to attainment of
the 2006 PM2.5 NAAQS for so long as
the area continues to attain the 2006
PM2.5 NAAQS. EPA’s final action is
consistent and in keeping with its longheld interpretation of CAA
requirements, as well as with EPA’s
regulations for similar determinations
for ozone (see 40 CFR 51.918) and the
1997 fine particulate matter standards
(see 40 CFR 51.1004(c)).
Today’s final action does not
constitute a redesignation of the Nogales
nonattainment area to attainment for the
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
2006 24-hour PM2.5 NAAQS under CAA
section 107(d)(3) because we have not
yet approved a maintenance plan for the
Nogales nonattainment area as meeting
the requirements of section 175A of the
CAA or determined that the area has
met the other CAA requirements for
redesignation. The classification and
designation status in 40 CFR part 81
remain nonattainment for this area until
such time as EPA determines that
Arizona has met the CAA requirements
for redesignating the Nogales
nonattainment area to attainment.
If the Nogales nonattainment area
continues to monitor attainment of the
2006 PM2.5 NAAQS, the requirements
for the area to submit an attainment
demonstration and associated RACM, a
RFP plan, contingency measures, and
any other planning requirements related
to attainment of the 2006 PM2.5 NAAQS
will remain suspended. If after today’s
action EPA subsequently determines,
after notice-and-comment rulemaking in
the Federal Register, that the area has
violated the 2006 PM2.5 NAAQS, the
basis for the suspension of the
attainment planning requirements for
the area would no longer exist, and the
area would thereafter have to address
such requirements.
IV. Statutory and Executive Order
Reviews
This final action makes a
determination of attainment based on
air quality and suspends certain federal
requirements, and thus, this action
would not impose additional
requirements beyond those imposed by
state law. For this reason, the final
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
E:\FR\FM\07JAR1.SGM
07JAR1
TKELLEY on DSK3SPTVN1PROD with
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations
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
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 final 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 this
action 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 8, 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, 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
19:37 Jan 04, 2013
Jkt 229001
Dated: December 18, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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 D—Arizona
2. Section 52.131 is added to read as
follows:
■
§ 52.131 Control Strategy and regulations:
Fine Particle Matter.
(a) Determination of Attainment:
Effective February 6, 2013, EPA has
determined that, based on 2009 to 2011
ambient air quality data, the Nogales
PM2.5 nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS. 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 for
as long as this area continues to attain
the 2006 24-hour PM2.5 NAAQS. If EPA
determines, after notice-and-comment
rulemaking, that this area no longer
meets the 2006 PM2.5 NAAQS, the
corresponding determination of
attainment for that area shall be
withdrawn.
(b) [Reserved]
[FR Doc. 2012–31639 Filed 1–4–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0721; FRL–9767–3]
Finding of Substantial Inadequacy of
Implementation Plan; Call for
California State Implementation Plan
Revision; South Coast
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
In response to a remand by
the United States Court of Appeals for
the Ninth Circuit, and pursuant to the
Clean Air Act, EPA is taking final action
SUMMARY:
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Nitrogen
VerDate Mar<15>2010
oxides, Sulfur oxides, Reporting and
recordkeeping requirements.
PO 00000
Frm 00033
Fmt 4700
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889
to find that the California State
Implementation Plan (SIP) for the Los
Angeles-South Coast Air Basin is
substantially inadequate to comply with
the obligation to adopt and implement
a plan providing for attainment of the 1hour ozone standard. In response to this
finding, California is required to submit
a SIP revision correcting this deficiency
within 12 months of the effective date
of this rule. If EPA finds that California
has failed to submit a complete SIP
revision as required by this final rule, or
if EPA disapproves such a revision,
such finding or disapproval would
trigger clocks for mandatory sanctions
and an obligation for EPA to impose a
Federal Implementation Plan. EPA is
also taking final action establishing the
order in which mandatory sanctions
would apply in the event that EPA
makes a finding of failure to submit a
SIP revision or disapproves the SIP
revision. Specifically, the offset sanction
would apply 18 months after such
finding or disapproval and highway
funding restrictions would apply six
months later. Sanctions would not
apply if EPA first takes action to stay the
imposition of the sanctions or to stop
the sanctions clock based on a
preliminary or final determination that
the State has corrected the SIP
deficiencies.
DATES: This rule is effective on February
6, 2013.
ADDRESSES: EPA has established docket
EPA–R09–OAR–2012–0721 for this
action. The index to the docket for this
action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California, 94105–
3901. 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:
Wienke Tax, Air Planning Office, U.S.
Environmental Protection Agency,
Region 9, Mailcode AIR–2, 75
Hawthorne Street, San Francisco,
California 94105–3901, 415–947–4192,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. Summary of Proposed Action
E:\FR\FM\07JAR1.SGM
07JAR1
]]>Agencies
[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 887-889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31639]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0752; FRL-9766-8]
Determination of Attainment for the Nogales Nonattainment Area
for the 2006 Fine Particle Standard; Arizona; Determination Regarding
Applicability of Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to determine that the Nogales
nonattainment area in Arizona has attained the 2006 24-hour fine
particle (PM2.5) National Ambient Air Quality Standard
(NAAQS). This determination is based upon complete, quality-assured,
and certified ambient air monitoring data showing that this area has
monitored attainment of the 2006 24-hour PM2.5 NAAQS based
on the 2009-2011 monitoring period. Based on the above determination,
the requirements for this area to submit an attainment demonstration,
together with reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, and contingency measures for
failure to meet RFP and attainment deadlines are suspended for so long
as the area continues to attain the 2006 24-hour PM2.5
NAAQS.
DATES: This rule is effective on February 6, 2013.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0752 for
this action. Generally, documents in the docket for this action are
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 at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps, multi-volume reports), and
some may not be publicly available in either location (e.g.,
Confidential Business Information). 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.
[[Page 888]]
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, (415) 972-3963, or by
email at ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On October 30, 2012 (77 FR 65656), EPA proposed to determine that
the Nogales nonattainment area \1\ has attained the 2006 24-hour NAAQS
\2\ for fine particles (generally referring to particles less than or
equal to 2.5 micrometers in diameter, PM2.5).
---------------------------------------------------------------------------
\1\ Covering 76.1 square miles, the Nogales PM2.5
nonattainment area is located within Santa Cruz County, Arizona,
with the southernmost boundary of the nonattainment area and Santa
Cruz County being the U.S./Mexico border.
\2\ The 2006 24-hour PM2.5 NAAQS is 35 micrograms per
cubic meter ([mu]g/m\3\), based on a 3-year average of the 98th
percentile of 24-hour concentrations.
---------------------------------------------------------------------------
In our proposed rule, we explained how EPA makes an attainment
determination for the 2006 24-hour PM2.5 NAAQS by reference
to complete, quality-assured data gathered at a State and Local Air
Monitoring Station(s) (SLAMS) and entered into EPA's Air Quality System
(AQS) database and by reference to 40 CFR 50.13 (``National primary and
secondary ambient air quality standards for PM2.5'') and
appendix N to [40 CFR] part 50 (``Interpretation of the National
Ambient Air Quality Standards for PM2.5''). EPA proposed the
determination of attainment for the Nogales area based upon a review of
the monitoring network operated by the Arizona Department of
Environmental Quality (ADEQ) and the data collected at the one
monitoring site operating during the most recent complete three-year
period (i.e., 2009 to 2011). Based on this review, EPA found that
complete, quality-assured and certified data for the Nogales area
showed that the 24-hour design value for the 2009-2011 period was equal
to or less than 35 [mu]/m\3\ at the monitor site. See the data summary
table on page 65658 of the October 30, 2012 proposed rule. We also
noted that preliminary data available in AQS for 2012 indicates that
the Nogales area continues to attain the NAAQS.
In our proposed rule, based on the proposed determination of
attainment, we also proposed to apply EPA's Clean Data Policy to the
2006 PM2.5 NAAQS and thereby suspend the requirements for
this area to submit an attainment demonstration, associated reasonably
available control measures (RACM), a reasonable further progress (RFP)
plan, and contingency measures for so long as the area continues to
attain the 2006 24-hour PM2.5 NAAQS. See pages 65658-65660
of our October 30, 2012 proposed rule. In proposing to apply the Clean
Data Policy to the 2006 PM2.5 NAAQS, we explained how we are
applying the same statutory interpretation with respect to the
implications of clean data determinations that the Agency has long
applied in regulations for the 1997 8-hour ozone and PM2.5
NAAQS and in individual rulemakings for the 1-hour ozone,
PM10 and lead NAAQS.
Please see the October 30, 2012 proposed rule for more detailed
information concerning the PM2.5 NAAQS, designations of
PM2.5 nonattainment areas, the regulatory basis for
determining attainment of the NAAQS, ADEQ's PM2.5 monitoring
network, EPA's review and evaluation of the data, and the rationale and
implications for application of the Clean Data Policy to the 2006
PM2.5 NAAQS.
II. Public Comments and EPA Responses
EPA's proposed rule provided a 30-day public comment period. During
this period, we received no comments.
III. EPA's Final Action
For the reasons provided in the proposed rule and summarized
herein, EPA is taking final action to determine that the Nogales
nonattainment area in Arizona has attained the 2006 24-hour
PM2.5 NAAQS based on the most recent three years of
complete, quality-assured, and certified data in AQS for 2009-2011.
Preliminary data available in AQS for 2012 show that this area
continues to attain the standard.
EPA is also taking final action, based on the above determination
of attainment, to suspend the requirements for the Nogales
nonattainment area to submit an attainment demonstration and associated
RACM, a RFP plan, contingency measures, and any other planning SIPs
related to attainment of the 2006 PM2.5 NAAQS for so long as
the area continues to attain the 2006 PM2.5 NAAQS. EPA's
final action is consistent and in keeping with its long-held
interpretation of CAA requirements, as well as with EPA's regulations
for similar determinations for ozone (see 40 CFR 51.918) and the 1997
fine particulate matter standards (see 40 CFR 51.1004(c)).
Today's final action does not constitute a redesignation of the
Nogales nonattainment area to attainment for the 2006 24-hour
PM2.5 NAAQS under CAA section 107(d)(3) because we have not
yet approved a maintenance plan for the Nogales nonattainment area as
meeting the requirements of section 175A of the CAA or determined that
the area has met the other CAA requirements for redesignation. The
classification and designation status in 40 CFR part 81 remain
nonattainment for this area until such time as EPA determines that
Arizona has met the CAA requirements for redesignating the Nogales
nonattainment area to attainment.
If the Nogales nonattainment area continues to monitor attainment
of the 2006 PM2.5 NAAQS, the requirements for the area to
submit an attainment demonstration and associated RACM, a RFP plan,
contingency measures, and any other planning requirements related to
attainment of the 2006 PM2.5 NAAQS will remain suspended. If
after today's action EPA subsequently determines, after notice-and-
comment rulemaking in the Federal Register, that the area has violated
the 2006 PM2.5 NAAQS, the basis for the suspension of the
attainment planning requirements for the area would no longer exist,
and the area would thereafter have to address such requirements.
IV. Statutory and Executive Order Reviews
This final action makes a determination of attainment based on air
quality and suspends certain federal requirements, and thus, this
action would not impose additional requirements beyond those imposed by
state law. For this reason, the final 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
[[Page 889]]
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 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 final 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 this action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 8, 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, 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, Nitrogen oxides, Sulfur oxides,
Reporting and recordkeeping requirements.
Dated: December 18, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
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 D--Arizona
0
2. Section 52.131 is added to read as follows:
Sec. 52.131 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 6, 2013, EPA
has determined that, based on 2009 to 2011 ambient air quality data,
the Nogales PM2.5 nonattainment area has attained the 2006
24-hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-
hour PM2.5 NAAQS. If EPA determines, after notice-and-
comment rulemaking, that this area no longer meets the 2006
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
(b) [Reserved]
[FR Doc. 2012-31639 Filed 1-4-13; 8:45 am]
BILLING CODE 6560-50-P
