65310 Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 26, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR part 52 

Air pollution control, Carbon 

monoxide, Environmental protection, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 30, 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 [AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding new paragraph (c)(415) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(415) New and amended regulations 

were submitted on August 23, 2011 by 

the Governor’s designee. Final approval 

of these regulations is based, in part, on 

the clarifications contained in a May 18, 

2012 letter from the San Joaquin Valley 

Unified Air Pollution Control District 

regarding specific implementation of 

parts of the Prevention of Significant 

Deterioration program. 

(i) Incorporation by reference. 

(A) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 2410, ‘‘Prevention of 

Significant Deterioration,’’ adopted on 

June 16, 2011. 

(ii) Additional materials. 

(A) San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD). 

(1) Letter dated May 18, 2012 from 

David Warner, SJVUAPCD, to Gerardo 

Rios, United States Environmental 

Protection Agency Region 9, regarding 

Clarifications of District Rule 2410 and 

40 CFR 51.166. 

■ 3. Section 52.270 is amended by 

adding new paragraph (b)(5) to read as 

follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(5) Rule 2410, ‘‘Prevention of 

Significant Deterioration,’’ adopted on 

June 16, 2011, for the San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) is approved under 

Part C, Subpart 1, of the Clean Air Act, 

based, in part, on the clarifications 

provided in a May 18, 2012 letter from 

the San Joaquin Valley Unified Air 

Pollution Control District described in 

§ 52.220(c)(415). For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

SJVUAPCD, this approval includes the 

authority for the SJVUAPCD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits, except for: 

(i) Those specific sources within the 

SJVUAPCD that have submitted PSD 

permit applications to EPA and for 

which EPA has issued a proposed PSD 

permit decision, but for which final 

agency action and/or the exhaustion of 

all administrative and judicial appeals 

processes (including any associated 

remand actions) have not yet been 

concluded or completed by November 

26, 2012. The SJVUAPCD will assume 

full responsibility for the administration 

and implementation of such PSD 

permits immediately upon notification 

from EPA to the SJVUAPCD that any 

and all administrative and judicial 

appeals processes (and any associated 

remand actions) have been completed or 

concluded for any such permit decision. 

Prior to the date of such notification, 

EPA is retaining authority to apply 

§ 52.21 for such permit decisions, and 

the provisions of § 52.21, except 

paragraph (a)(1), are therefore 

incorporated and made a part of the 

State plan for California for the 

SJVUAPCD for such permit decisions 

during the identified time period. 

(ii) [Reserved]. 

[FR Doc. 2012–26294 Filed 10–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2007–0562; FRL–9746–6] 

Additional Air Quality Designations for 

the 2006 24-Hour Fine Particle National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental amendments; 

final rule. 

SUMMARY: The EPA is taking final action 

to establish the initial 2006 24-hour fine 

particle (PM2.5) national ambient air 

quality standards (NAAQS) air quality 

designations for the Ak-Chin Indian 

Community located in Pinal County, 

Arizona, and the Gila River Indian 

Community located in Pinal County and 

Maricopa County, Arizona. On 

November 13, 2009, and February 3, 

2011, the EPA promulgated air quality 

designations nationwide for all but 

these two areas for the 2006 24-hour 

PM2.5 NAAQS. The EPA deferred initial 

PM2.5 air quality designations for the 


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Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations 65311 

1A correction to the February 3, 2011, final rule 

was published at 76 FR 14812 (March 18, 2011). 

2By ‘‘state lands’’ we mean all land within the 

state boundary that is not within Indian Country, 

including privately and federally-owned land. 

3 2007–2009 data also showed this area to be in 

violation of the 2006 24-hour PM2.5 NAAQS, with 

a 2007–2009 design value of 40 mg/m3. 

Ak-Chin Indian Community and the 

Gila River Indian Community in the 

earlier promulgated designations. 

DATES: The effective date of this rule is 

November 26, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2007–0562. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 either 

electronically in www.regulations.gov or 

in hard copy at the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., 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 Air 

Docket is (202) 566–1742. 

In addition, the EPA has established 

a Web site for this rulemaking at: 

http://www.epa.gov/pmdesignations/ 

2006standards/index.htm. The Web site 

includes the EPA’s final state and tribal 

designations, as well as state and tribal 

initial recommendation letters, the EPA 

modification letters, technical support 

documents, responses to comments and 

other related technical information. 

FOR FURTHER INFORMATION CONTACT: Beth 

W. Palma, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, Mail Code 

C539–04, Research Triangle Park, NC 

27711, telephone (919) 541–5432, email 

at palma.elizabeth@epa.gov or Ginger 

Vagenas, Air Planning Office, U.S. 

Environmental Protection Agency, Mail 

Code AIR–2, 75 Hawthorne Street, San 

Francisco, CA 94105, phone number 

(415) 972–3964 or by email at 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

public may inspect the rule and the 

technical supporting information by 

contacting Ginger Vagenas, Air Planning 

Office, U.S. Environmental Protection 

Agency, Mail Code AIR–2, 75 

Hawthorne Street, San Francisco, CA 

94105, phone number (415) 972–3964. 

Table of Contents 

The following is an outline of the 

preamble. 

I. Preamble Glossary of Terms and Acronyms 

II. What is the purpose of this action? 

III. What are the 2006 24-hour PM2.5 NAAQS 

designations promulgated in this action? 

IV. Where can I find information forming the 

basis for this rule and exchanges 

between the EPA and tribes related to 

this rule? 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

L. Judicial Review 

I. Preamble Glossary of Terms and 

Acronyms 

The following are abbreviations of 

terms used in the preamble. 

APA Administrative Procedure Act 

CAA Clean Air Act 

CBSA Core Based Statistical Area 

CFR Code of Federal Regulations 

DC District of Columbia 

EO Executive Order 

EPA Environmental Protection Agency 

FR Federal Register 

NAAQS National Ambient Air Quality 

Standards 

NTTAA National Technology Transfer 

Advancement Act 

RFA Regulatory Flexibility Act 

mg/m3 micrograms per cubic meter 

UMRA Unfunded Mandate Reform Act of 

1995 

TAR Tribal (Clean Air Act) Authority Rule 

U.S. United States 

VCS Voluntary Consensus Standards 

II. What is the purpose of this action? 

This action finalizes the initial air 

quality designations for portions of 

Indian Country located in Arizona that 

were previously deferred. At the time 

that the EPA finalized designations for 

the 2006 24-hour PM2.5 NAAQS (74 FR 

58688, November 13, 2009), the EPA 

deferred designations for Pinal County, 

Arizona, and surrounding counties to 

evaluate further high fine particle 

concentrations during 2006–2008, a 

period which indicated a possible new 

violating monitor in Pinal County, 

Arizona. The EPA also deferred 

designations for areas of Indian Country 

located within or near the deferred 

counties. On February 3, 2011 (76 FR 

6056),1 the EPA took action to finalize 

designations for the deferred area, 

designating as ‘‘nonattainment’’ state 

lands in a portion of Pinal County, 

Arizona (West Central Pinal 

nonattainment area).2 The basis for 

establishing this nonattainment area 

was monitored air quality data for 2006– 

2008 indicating a violation of the 

NAAQS.3 The EPA designated the 

remaining portion of Pinal County, the 

surrounding deferred counties (Cochise, 

Gila, Graham, La Paz, Maricopa, Pima, 

Yavapai and Yuma counties), and, 

except as noted below, areas of Indian 

Country located within those areas, as 

‘‘unclassifiable/attainment.’’ 

The EPA continued its deferral of the 

designation of the Gila River Indian 

Community reservation, which is 

located in Pinal and Maricopa counties 

adjacent to the new nonattainment area, 

and the Ak-Chin Indian Community 

reservation, which is surrounded by the 

West Central Pinal nonattainment area, 

to allow for the completion of the tribal 

consultation process. (See 76 FR 6056, 

February 3, 2011). 

With this action, the EPA is 

promulgating initial area designations 

for the areas of Indian Country of the 

Ak-Chin Indian Community and the 

Gila River Indian Community in 

accordance with the requirements of 

Clean Air Act (CAA) section 107(d). 

III. What are the 2006 24-hour PM2.5

NAAQS designations promulgated in 

this action? 

In this action, the EPA is designating 

as ‘‘unclassifiable/attainment’’ the lands 

of the Ak-Chin Indian Community 

located in Pinal County, Arizona, and 

the Gila River Indian Community, 

located in Pinal County and Maricopa 

County, Arizona, for the 2006 24-hour 

PM2.5 NAAQS of 35 micrograms per 

cubic meter (mg/m3). These areas of 

Indian Country and the designation for 

each area appear in the table at the end 

of this final rule, which amends 40 CFR 

81.303. 

The basis for establishing these areas 

as unclassifiable/attainment is 

monitored air quality data from 2009– 

2011 from nearby monitors that indicate 

the area is attaining the 2006 24-hour 

PM2.5 NAAQS. The ‘‘Cowtown’’ 

monitor, which is located in the vicinity 


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4See memorandum titled, ‘‘Data Summary for 

Cowtown Monitor’’ dated August 14, 2012, from 

Michael Flagg, EPA Region 9 Air Quality Analysis 

Office, to Ginger Vagenas, EPA Region 9 Air 

Planning Office, available in the docket for this 

action. 

5See ‘‘U.S. EPA Air Quality System Preliminary 

Design Value Report’’ and map titled ‘‘2009–2011 

Design Values for the 2006 24-Hour Fine Particulate 

Matter (PM2.5) National Ambient Air Quality 

Standards,’’ available in the docket for this action. 

6As described in the EPA’s rule promulgating 

initial PM2.5 designations for the 2006 24-hour 

standards, in evaluating areas potentially 

contributing to a monitored violation, the EPA 

examined those counties located in the surrounding 

metropolitan statistical area (in this case, Pinal and 

Maricopa counties), and those nearby counties one 

or two adjacent rings beyond. See ‘‘Air Quality 

Designations for the 2006 24-hour Fine Particle 

(PM2.5) National Ambient Air Quality Standards,’’ 

74 FR 58688, November 13, 2009, page 58694. 

7See memorandum to file titled, ‘‘Confirmation 

from Gila River Indian Community that 

Consultation Regarding 2006 24-hr PM2.5

Designation is Complete’’ dated August 21, 2012, 

from Colleen McKaughan, EPA Region 9 Associate 

Director Air Division, available in the docket for 

this action. 

8See memorandum to file titled, 

‘‘Communication with Brenda Ball about Potential 

Consultation with Ak-Chin Regarding 2006 24-hr 

PM2.5 Designation’’ dated August 21, 2012, from 

Maeve Foley, EPA Region 9 Grants and Program 

Integration Office, available in the docket for this 

action. 

of the lands of the Ak-Chin Indian 

Community and the Gila River Indian 

Community, previously violated the 

standard, leading to a nonattainment 

designation for state lands (West Central 

Pinal nonattainment area). In 2009, 

however, PM2.5 values recorded at the 

Cowtown monitor dropped significantly 

and have remained below the level of 

the standard. The 2008–2010 24-hour 

PM2.5 design value for the Cowtown 

monitor is 31mg/m3 and for 2009–2011 

is 26mg/m3.4 Therefore, the West Central 

Pinal nonattainment area is no longer 

violating the 2006 24-hour PM2.5

NAAQS. No other monitor in Arizona is 

currently violating the 2006 24-hour 

PM2.5 NAAQS.5

In October of 2009, the EPA notified 

the Governor of Arizona and tribal 

leaders of Tribes with areas of Indian 

Country located in Pinal and Maricopa 

counties that the Cowtown monitor in 

Pinal County was violating the 2006 24- 

hour PM2.5 standards based on the most 

recent (2006–2008) air quality 

monitoring data at that time. Due to this 

new violation and the need for 

additional time to collect data and 

evaluate the area to determine an 

appropriate nonattainment area 

boundary, the EPA deferred the area 

designation of Pinal County, Maricopa 

County (the other county comprising the 

Phoenix-Mesa-Scottsdale core-based 

statistical area (CBSA)), the seven 

nearby counties (Cochise, Gila, Graham, 

La Paz, Pima, Yavapai and Yuma 

counties) surrounding the PhoenixMesa-Scottsdale CBSA,6 and areas of 

Indian Country for the 2006 24-hour 

PM2.5 standards. The EPA then followed 

the designations process set forth in 

section 107(d) of the CAA, which 

culminated in the creation of the West 

Central Pinal nonattainment area for the 

2006 24-hour PM2.5 NAAQS (76 FR 

6056, February 3, 2011). Designations 

for nearby areas of Indian Country 

remained deferred to allow the 

completion of the tribal consultation 

process. 

The Gila River Indian Community and 

the Ak-Chin Indian Community 

recommended that the EPA designate 

their lands ‘‘attainment/unclassifiable’’ 

on February 11, 2010, and September 2, 

2010, respectively. On April 30, 2010, 

the EPA offered formal consultation to 

the leaders of the Ak-Chin Indian 

Community and the Gila River Indian 

Community and has discussed the PM2.5

designation with the tribes on several 

occasions. On April 5, 2012,7 the EPA 

contacted the Gila River Indian 

Community and on August 13, 2012,8

the EPA contacted the Ak-Chin Indian 

Community to provide opportunities to 

discuss the intended designations of 

‘‘unclassifiable/attainment’’ for their 

areas of Indian Country based on 2009– 

2011data. Both tribes subsequently 

indicated that no further consultation 

was necessary. 

All correspondence and supporting 

documentation related to deferred final 

designations can be found in docket ID 

No. EPA–HQ–OAR–2007–0562. 

IV. Where can I find information 

forming the basis for this rule and 

exchanges between the EPA and tribes 

related to this rule? 

Information providing the basis for 

the action in this notice, including 

applicable EPA guidance memoranda, 

and copies of correspondence regarding 

this process between the EPA and the 

Tribes are available in the identified 

docket. All docket information is 

available for review at the EPA Docket 

Center listed above in the ADDRESSES

section of this document and on our 

designation Web site at http:// 

www.epa.gov/pmdesignations/ 

2006standards/index.htm. Other related 

state and tribal-specific information is 

available at the offices of EPA Region 9. 

V. Statutory and Executive Order 

Reviews 

Upon promulgation of a new or 

revised NAAQS, the CAA requires the 

EPA to designate areas as attaining or 

not attaining the NAAQS. The CAA 

then specifies requirements for areas 

based on whether such areas are 

attaining or not attaining the NAAQS. In 

this final rule, the EPA assigns 

designations to areas as required. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action responds to the 

requirement to promulgate air quality 

designations after promulgation of a 

new or revised NAAQS. This type of 

action is exempt from review under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This rule 

responds to the requirement to 

promulgate air quality designations after 

promulgation of a new or revised 

NAAQS. This requirement is prescribed 

in the CAA section 107. The present 

final rule does not establish any new 

information collection requirements. 

C. Regulatory Flexibility Act 

This final rule is not subject to the 

Regulatory Flexibility Act (RFA), which 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule that will have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules subject to noticeand-comment rulemaking requirements 

under the Administrative Procedure Act 

(APA) or any other statute. This rule is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute because the rule is subject 

to CAA section 107(d)(2)(B), which does 

not require that the agency issue a 

notice of proposed rulemaking before 

issuing this rule. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local, or tribal governments or the 

private sector. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. It 


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does not create any additional 

requirements beyond those of the CAA 

and PM2.5 NAAQS (40 CFR 50.13). The 

CAA establishes the process whereby 

states take primary responsibility in 

developing plans to meet the PM2.5

NAAQS. 

E. Executive Order 13132: Federalism 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

establishes the process whereby states 

take primary responsibility in 

developing plans to meet the PM2.5

NAAQS. This rule will not modify the 

relationship of the states and the EPA 

for purposes of developing programs to 

implement the PM2.5 NAAQS. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action will not have tribal 

implications because the areas of Indian 

Country affected by this rule are being 

designated as ‘‘unclassifiable/ 

attainment,’’ and thus do not have a 

substantial cost or direct effect on one 

or more Indian Tribes, on the 

relationship between the federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and tribes. The rule does 

not alter the relationship between the 

federal government and Tribes as 

established in the CAA and the TAR. 

Thus, Executive Order 13175 does not 

apply to this action. 

However, because this action 

designates areas of Indian Country, the 

EPA consulted with tribal officials early 

in the process of developing this 

regulation to ensure meaningful and 

timely input into its development. At 

the beginning of the designations 

process, letters were sent to tribes 

expected to be impacted by designations 

for the 2006 24-hour PM2.5 NAAQS. 

These letters not only informed the 

tribes of the overall designations 

process, but also offered consultation to 

ensure early communication and 

coordination. Additionally, letters were 

sent to potentially affected tribes 

indicating the EPA’s intended 

designations for their areas of Indian 

Country. These letters offered an 

additional opportunity for consultation. 

All consultations were completed prior 

to promulgating this rule. During 

consultation, the primary concerns 

raised by tribes included the following: 

Impact of a potential nonattainment 

designation on future economic 

development; appropriateness of using 

data from monitors not on tribal land to 

characterize the air quality on tribal 

land; and ensuring final decisions are 

consistent with the EPA’s ‘‘Policy for 

Establishing Separate Air Quality 

Designations for Areas of Indian 

Country’’ (December 20, 2011). During 

the consultation with the tribes affected 

by this regulatory action, the EPA’s 

office in Region 9 ensured that the tribes 

fully understood the basis for the EPA’s 

intended designations decisions and 

how those decisions are informed by the 

most recent certified air quality data and 

all other relevant information, including 

the EPA’s ‘‘Policy for Establishing 

Separate Air Quality Designations for 

Areas of Indian Country.’’ To the extent 

possible, the EPA included the tribes’ 

input into the final decision-making 

process for designations of their areas of 

Indian Country for the 2006 24-hour 

PM2.5 NAAQS. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA of 1995, 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note) directs the EPA to use 

voluntary consensus standards (VCS) in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impracticable. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs the EPA to 

provide Congress, through the Office of 

Management and Budget, explanations 

when the agency decides not to use 

available and applicable VCS. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the U.S. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because this rule does not affect the 

level of protection provided to human 

health or the environment. 

K. Congressional Review Act 

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 U.S. The EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the U.S. 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). This rule will be effective 

November 26, 2012. 

L. Judicial Review 

Section 307(b)(1) of the CAA indicates 

which Federal Courts of Appeal have 

venue for petitions of review of final 

actions by the EPA. This section 

provides, in part, that petitions for 

review must be filed in the Court of 

Appeals for the District of Columbia 


emcdonald on DSK67QTVN1PROD with RULES
65314 Federal Register / Vol. 77, No. 208 / Friday, October 26, 2012 / Rules and Regulations 

Circuit: (i) When the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

This rule designating areas for the 

2006 24-hour PM2.5 NAAQS is 

‘‘nationally applicable’’ within the 

meaning of section 307(b)(1). This rule 

establishes designations for certain areas 

for the 2006 24-hour PM2.5 NAAQS. In 

addition, this action relates to the prior 

nationwide rulemakings in which the 

EPA promulgated designations for 

numerous other areas nationwide. At 

the core of this rulemaking is the EPA’s 

interpretation of the definition of 

nonattainment under section 107(d)(1) 

of the CAA, and its application of that 

interpretation to areas across the 

country. In determining which areas 

should be designated ‘‘nonattainment’’ 

(or conversely, should be designated 

attainment or unclassifiable), the EPA 

used an analytical approach that it 

applied consistently across the U.S. in 

this rulemaking, and in the prior related 

rulemakings. 

For the same reasons, the 

Administrator also is determining that 

the final designations are of nationwide 

scope and effect for the purposes of 

section 307(b)(1). In these 

circumstances, section 307(b)(1) calls 

for the Administrator to find the rule to 

be of ‘‘nationwide scope or effect’’ and 

for venue to be in the DC Circuit. Thus, 

any petitions for review of final 

designations must be filed in the Court 

of Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: October 19, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 81, subpart C is 

amended as follows: 

PART 81—DESIGNATIONS OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.303, the ‘‘Arizona—PM2.5

(24-hour NAAQS)’’ table is amended by: 

■ a. Revising the entry for ‘‘Maricopa 

County’’; and 

■ b. Revising entries for ‘‘Lands of the 

Gila River Indian Community in Pinal 

County’’ and ‘‘Lands of the Ak-Chin 

Indian Community’’. 

The revised text reads as follows. 

§ 81.303 Arizona. 

* * * * * 

ARIZONA—PM2.5 (24-HOUR NAAQS) 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 NAAQSa

Date 1 Type Date 2 Type 

*******

Maricopa County (remainder, 

excluding lands of the Gila 

River Indian Community).

Unclassifiable/Attainment ....... Unclassifiable/Attainment. 

* * * * * * * 

Lands of the Gila River Indian 

Community in Pinal County 

and Maricopa County.

Unclassifiable/Attainment ....... 11/26/2012 ............................. Unclassifiable/Attainment. 

Lands of the Ak-Chin Indian 

Community in Pinal County.

Unclassifiable/Attainment ....... 11/26/2012 ............................. Unclassifiable/Attainment. 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is 30 days after November 13, 2009, unless otherwise noted. 

[FR Doc. 2012–26405 Filed 10–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R07–RCRA–2012–0719; FRL–9744–4] 

Missouri: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize states to operate their 

hazardous waste management programs 

in lieu of the Federal program. Missouri 

has applied to EPA for final 

authorization of the changes to its 

hazardous waste program under RCRA. 

EPA has determined that these changes 

satisfy all requirements needed to 

qualify for final authorization and is 

authorizing the State’s changes through 

this immediate final action. 

DATES: This Final authorization will 

become effective on December 26, 2012 

unless EPA receives adverse written 

comment by November 26, 2012. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

RCRA–2012–0719, by one of the 

following methods: 


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