Determination of Attainment for the Yuba City-Marysville Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements, 2211-2213 [2013-00177]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations
the letter dated November 4, 2011, the
Petitioners asked for reconsideration of
several aspects of the minor NSR rule
and one aspect of the nonattainment
major NSR rule. The EPA considered
the Petitions, including the request for
an administrative stay, along with
information contained in the
rulemaking docket, in reaching a
decision on the Petitions generally and
the request for an administrative stay
specifically. In letters to the Petitioners
dated December 19, 2012, the EPA
Administrator, Lisa P. Jackson,
expressed her intent to grant
reconsideration of several aspects of the
Petitions and denied reconsideration of
several other aspects raised in the
Petitions, including the request for
administrative stay. She took no action
at this time with respect to several other
issues raised in the Petitions. The
denials of reconsideration and of the
request for an administrative stay
constitute final agency action.
DATES: January 10, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
˜
Jessica Montanez, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (C504–03), U.S.
Environmental Protection Agency,
Research Triangle Park, NC 27711,
telephone number: (919) 541–3407;
email address:
montanez.jessica@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this
document and other related
information?
This Federal Register notice, the
petitions for reconsideration and the
Dates of petitions to the
EPA
Petitioners
American Petroleum Institute (API)/Independent Petroleum Association of America (IPAA)/America’s
Natural Gas Alliance (ANGA).
letter granting certain aspects of the
petitions for reconsideration and
denying the request for an
administrative stay are available in the
docket that the EPA established for the
final rule titled, ‘‘Review of New
Sources and Modifications in Indian
Country,’’ published on July 1, 2011, 76
FR 38748, under Docket ID No. EPA–
HQ–OAR–2003–0076. The table below
identifies the Petitioners, the dates the
EPA received the Petitions, the
document identification number of the
Petitions, the date of the EPA’s
response, and the document
identification number for the EPA’s
response.
Petition:
document No.
in docket
Date of the EPA response
0172
December 19, 2012 .........
08/30/2011 and 11/04/
2011.
2211
The EPA
response:
document
No. in docket
0173
wreier-aviles on DSK5TPTVN1PROD with
Note: All document numbers listed in the table are in the form of ‘‘EPA–HQ–OAR–2003–0076–xxxx.’’
All documents in the docket are listed
on the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., confidential business
information 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 electronically through https://
www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID. No.
EPA–HQ–OAR–2003–0076, EPA West,
Room 3334, 1301 Constitution Avenue,
North West, Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the EPA
Docket Center is (202) 566–1742.
In addition to being available in the
docket, an electronic copy of this
Federal Register notice and the EPA’s
response letter to the petitioners are also
available on the World Wide Web at
https://www.epa.gov/nsr and on the
Tribal Air home page at https://
www.epa.gov/oar/tribal.
VerDate Mar<15>2010
13:05 Jan 09, 2013
Jkt 229001
II. Judicial Review
Under CAA section 307(b), judicial
review of this final action is available
only by filing a petition for review in
the U.S. Court of Appeals for the District
of Columbia Circuit on or before March
11, 2013.
Dated: December 27, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and
Radiation.
[FR Doc. 2012–31742 Filed 1–9–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Determination of Attainment for the
Yuba City-Marysville Nonattainment
Area for the 2006 Fine Particle
Standard; California; 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 Yuba City-Marysville
nonattainment area in California has
attained the 2006 24-hour fine particle
SUMMARY:
Frm 00017
Fmt 4700
This rule is effective on February
11, 2013.
DATES:
[EPA–R09–OAR–2012–0781; FRL–9768–2]
PO 00000
(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.
Sfmt 4700
EPA has established docket
number EPA–R09–OAR–2012–0781 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.,
ADDRESSES:
E:\FR\FM\10JAR1.SGM
10JAR1
2212
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations
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.
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
wreier-aviles on DSK5TPTVN1PROD with
I. Summary of Proposed Action
On October 30, 2012 (77 FR 65646),
EPA proposed to determine that the
Yuba City-Marysville 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 Yuba City-Marysville
area based upon a review of the
monitoring network operated by the
California Air Resources Board (CARB)
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
Yuba City-Marysville 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 65648 of the
October 30, 2012 proposed rule. We also
1 The Yuba City-Marysville PM
2.5 nonattainment
area includes Sutter County and the southwestern
two-thirds of Yuba County. This nonattainment area
lies within the Sacramento Valley Air Basin and
lies between the Chico PM2.5 nonattainment area to
the north and the Sacramento PM2.5 nonattainment
area to the south.
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
13:05 Jan 09, 2013
Jkt 229001
noted that preliminary data available in
AQS for 2012 indicates that the Yuba
City-Marysville 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 24hour PM2.5 NAAQS. See pages 65648–
65650 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, CARB’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 Yuba City-Marysville
nonattainment area in California 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 Yuba City-Marysville
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 Yuba
City-Marysville 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 Yuba CityMarysville 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 California has met the
CAA requirements for redesignating the
Yuba City-Marysville nonattainment
area to attainment.
If the Yuba City-Marysville
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
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with
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
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
VerDate Mar<15>2010
13:05 Jan 09, 2013
Jkt 229001
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 11, 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—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 F—California
2. In § 52.247, paragraph (b) is added
to read as follows:
■
§ 52.247 Control Strategy and Regulations:
Fine Particle Matter.
*
*
*
*
*
(b) Determination of Attainment:
Effective February 11, 2013, EPA has
determined that, based on 2009 to 2011
ambient air quality data, the Yuba CityMarysville 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.
[FR Doc. 2013–00177 Filed 1–9–13; 8:45 am]
BILLING CODE 6560–50–P
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PO 00000
Frm 00019
Fmt 4700
Sfmt 9990
2213
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Rules and Regulations]
[Pages 2211-2213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00177]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0781; FRL-9768-2]
Determination of Attainment for the Yuba City-Marysville
Nonattainment Area for the 2006 Fine Particle Standard; California;
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 Yuba City-
Marysville nonattainment area in California 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 11, 2013.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0781 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.,
[[Page 2212]]
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.
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 65646), EPA proposed to determine that
the Yuba City-Marysville 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\ The Yuba City-Marysville PM2.5 nonattainment area
includes Sutter County and the southwestern two-thirds of Yuba
County. This nonattainment area lies within the Sacramento Valley
Air Basin and lies between the Chico PM2.5 nonattainment
area to the north and the Sacramento PM2.5 nonattainment
area to the south.
\2\ The 2006 24-hour PM2.5 NAAQS is 35 micrograms per
cubic meter ([micro]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 Yuba City-Marysville area based
upon a review of the monitoring network operated by the California Air
Resources Board (CARB) 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 Yuba City-Marysville area showed
that the 24-hour design value for the 2009-2011 period was equal to or
less than 35 [micro]/m\3\ at the monitor site. See the data summary
table on page 65648 of the October 30, 2012 proposed rule. We also
noted that preliminary data available in AQS for 2012 indicates that
the Yuba City-Marysville 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 65648-65650
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, CARB'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 Yuba City-
Marysville nonattainment area in California 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 Yuba City-Marysville
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
Yuba City-Marysville 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 Yuba City-Marysville
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 California has met the CAA requirements for redesignating the Yuba
City-Marysville nonattainment area to attainment.
If the Yuba City-Marysville 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
[[Page 2213]]
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 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 11, 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 F--California
0
2. In Sec. 52.247, paragraph (b) is added to read as follows:
Sec. 52.247 Control Strategy and Regulations: Fine Particle Matter.
* * * * *
(b) Determination of Attainment: Effective February 11, 2013, EPA
has determined that, based on 2009 to 2011 ambient air quality data,
the Yuba City-Marysville 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.
[FR Doc. 2013-00177 Filed 1-9-13; 8:45 am]
BILLING CODE 6560-50-P
