24436 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

discuss the effects of this proposed rule 

elsewhere in this preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This proposed rule does not have 

Tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it does not have 

a substantial 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 Indian Tribes. 

Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves establishing special local 

regulations issued in conjunction with a 

marine regatta, as described in figure 2– 

1, paragraph (34)(h), of the Instruction. 

Under figure 2–1, paragraph (34)(h) of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this proposed rule. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35T07–0201 

to read as follows: 

§ 100.35T07–0201 Special Local 

Regulations; ODBA Draggin on the 

Waccamaw, Atlantic Intracoastal Waterway, 

Bucksport, SC. 

(a) Regulated Area. The following 

regulated area isestablished as a special 

local regulation: All waters of the 

Atlantic Intracoastal Waterway 

encompassed within an Imaginary line 

connecting the following points; starting 

at point 1 in position 33°39′11.46′′ N 

079°05′36.78′′ W; thence west to point 2 

in position 33°39′12.18′′ N 

079°05′47.76′′ W; thence south to point 

3 in position 33°38′39.48′′ N 

079°05′37.44′′ W; thence east to point 4 

in position 33°38′42.3′′ N 079°05′30.6′′ 

W; thence north back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16 to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(2) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Periods. This rule 

will be enforced from 11:30 a.m. until 

7:30 p.m. daily on June 23, 2012 and 

June 24, 2012. 

Dated: April 2, 2012. 

M.F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2012–9647 Filed 4–23–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0347; FRL–9662–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Milwaukee-Racine 

Nonattainment Area; Determination of 

Attainment for the 2006 24-Hour Fine 

Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Milwaukee-Racine, 

Wisconsin area has attained the 2006 

24-hour fine particle (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data, from the 2008–2010 

monitoring period, supplemented by 

statistical analysis of these data, 

showing that the area has monitored 

attainment of the 2006 24-hour PM2.5

NAAQS. Data available to date for 2011 

are consistent with continued 

attainment. On March 7, 2011, the 

Wisconsin Department of Natural 

Resources (WDNR) requested that EPA 

approve its request for a determination 

that the Milwaukee-Racine area has 

attained the standard. If EPA finalizes 

this proposed determination, the 

requirement for the State of Wisconsin 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 24437 

to submit an attainment demonstration, 

associated reasonably available control 

measures (RACM) to include reasonably 

available control technology (RACT), a 

reasonable further progress (RFP) plan, 

contingency measures, and other 

planning State Implementation Plan 

(SIP) revisions related to attainment of 

the standard shall be suspended for so 

long as the area continues to attain the 

2006 24-hour PM2.5 NAAQS. 

DATES: Comments must be received on 

or before May 24, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0347, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2011– 

3047. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: 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., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Gilberto 

Alvarez, Environmental Scientist, at 

(312) 886–6143 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Gilberto Alvarez, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6143, 

alvarez.gilberto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is EPA’s analysis of the Relevant Air 

Quality Data? 

IV. How did EPA address missing data? 

V. Proposed Action 

VI. What is the effect of this action? 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Milwaukee-Racine area has attained 

the 2006 24-hour PM2.5 NAAQS. This 

proposed determination is based upon 

quality-assured, quality controlled, and 

certified ambient air monitoring data, 

from the 2008–2010 monitoring period, 

supplemented by an analysis of whether 

two sites that were shut down at the end 

of 2009 would likely have shown 

attainment had they continued 

operating. Data in the EPA Air Quality 

System database available for 2011 are 

consistent with continued attainment. 

II. What is the background for this 

action? 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 mg/m3 based on a threeyear average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 mg/m3 based on a 

three-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Milwaukee-Racine area as 

nonattainment for the 2006 24-hour 

standard (74 FR 58688). On April 25, 

2007 (72 FR 20664), EPA promulgated 

its PM2.5 implementation rule, codified 

at 40 CFR part 51, subpart Z, in which 

the Agency provided guidance for state 

and tribal plans to implement the 1997 

PM2.5 standards. This rule, at 40 CFR 

51.1004(c), specifies some of the 

regulatory consequences of a 

determination that an area has attained 

the PM2.5 standards. While 40 CFR 

51.1004(c) was promulgated as part of a 

set of regulations addressing PM2.5

NAAQS promulgated in 1997, EPA 

believes that the same approach is 

warranted with respect to the PM2.5

NAAQS promulgated in 2006. 

EPA established the standards based 

on significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposure to particulate matter. The 

process for designating areas following 

promulgation of a new or revised 

NAAQS is contained in section 

107(d)(1) of the Clean Air Act (CAA). 

EPA and state air quality agencies 

initiated the monitoring process for the 

PM2.5 NAAQS in 1999 and began 

operating a full set of air quality 

monitors by January 2001. 

On November 13, 2009, EPA 

published its air quality designations 

and classifications for the 2006 24-hour 

PM2.5 NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2006–2008 (74 FR 

58688). Those designations became 

effective on December 14, 2009. The 

Milwaukee-Racine area was designated 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS (see 40 CFR part 81). On 

March 7, 2011, the WDNR requested 

that EPA approve its request for a 

determination that the area has attained 

the standard, based upon data from the 

2008–2010 monitoring period. 

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24438 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

III. What is EPA’s analysis of the 

Relevant Air Quality Data? 

Today’s proposed rulemaking assesses 

whether the Milwaukee-Racine PM2.5

nonattainment area is attaining the 2006 

24-hour PM2.5 NAAQS, based on the 

most recent three years of qualityassured data. The area is defined at 40 

CFR 81.350, and comprises Milwaukee, 

Racine and Waukesha Counties. 

Under EPA regulations at 40 CFR 

50.7, 24-hour primary and secondary 

PM2.5 standards are met when the 98th 

percentile 24-hour concentrations, as 

determined in accordance with 

appendix N of this part, is less than or 

equal to 35 mg/m3. 

Milwaukee-Racine Air Quality 

EPA has reviewed the ambient air 

monitoring data for the MilwaukeeRacine area in accordance with the 

provisions of 40 CFR Part 50, appendix 

N. All data considered have been 

quality-assured, certified, and recorded 

in EPA’s Air Quality System database. 

This review addresses air quality data 

collected in the three-year period from 

2008 to 2010, as well as additional data 

representing three of four quarters in 

2011. 

The following table provides the 

design values (the metrics calculated in 

accordance with 40 CFR part 50, 

appendix N, for determining 

compliance with the NAAQS) for the 

2006 24-hour PM2.5 NAAQS for the 

Milwaukee-Racine nonattainment 

monitors with data for the years 2008– 

2010. 

TABLE 1—MILWAUKEE-RACINE AREA 24-HOUR PM2.5 98TH PERCENTILE CONCENTRATIONS AND DESIGN VALUES FROM

2008–2010 (IN μG/M3) 

Site name Site No. 

24-Hour 98 Percentile FRM PM2.5 concentration Resulting 

design 

2008 2009 2010 value * 

Milw-DNR SERHQ ............................................................... 550790026 27.5 39.0 31.9 33 

Waukesha ............................................................................ 551330027 29.9 32.0 35.9 33 

Milw-16th CHC ..................................................................... 550790010 27.3 39.1 30.9 32 

Milw-FAA/College Ave. ........................................................ 550790058 26.9 33.0 35.3 31 

Virginia Street ...................................................................... 550790043 27.4 41.7 ** 35 

Wells Street .......................................................................... 550790099 29.0 40.3 ** 35 

* Design Values were developed in accordance with 40 CFR part 50 appendix N; FRM—Federal Reference Method. 

** Indicates incomplete data due to monitor shut down. 

IV. How did EPA address missing data? 

Appendix N of 40 CFR part 50 sets 

forth data handling conventions and 

computations necessary for determining 

whether areas have met the PM2.5

NAAQS, including requirements for 

data completeness. A monitor meets 

data completeness requirements when 

at least 75 percent of the scheduled 

sampling days of each quarter have 

valid data. The use of less than 

complete data is subject to the approval 

of EPA, which may consider factors 

such as monitoring site closures/moves, 

monitoring diligence, and nearby 

concentrations in determining whether 

to use such data as set forth at 40 CFR 

part 50, appendix N, section 4.1(c). 

As part of their annual monitoring 

network review and to save resources, 

WDNR discontinued two monitoring 

sites (Site Numbers 550790043 and 

550790099) on December 31, 2009, 

resulting in incomplete data for those 

two sites for 2010. Data from Milwaukee 

area monitors are shown in Table 1. 

When Wisconsin requested to shut 

down two monitors, four of the six 

monitors within the Milwaukee-Racine 

area were violating the 2006 24-hour 

PM2.5 NAAQS, including the two sites 

WDNR requested to shut down. In 2010, 

the remaining two violating sites in 

Milwaukee had data showing that they 

attained the 2006 24-hour PM2.5 NAAQS 

for the 2008–2010 monitoring period. 

However, because the two sites which 

were shut down at the end of 2009 were 

also violating, EPA needed to determine 

if those two sites would likely have met 

the 2006 24-hour PM2.5 NAAQS if they 

had continued operating. The approach 

summarized in this section, and further 

described in the Technical Support 

Document (TSD), may or may not be 

appropriate for other areas with less 

than complete data. EPA will evaluate 

the appropriateness of this analytical 

approach for each area with less than 

complete data on a case-by-case basis. 

The analysis described below is similar 

to analyses conducted for other areas, 

such as the West Virginia/Kentucky/ 

Ohio Huntington-Ashland 

Nonattainment Area, except that the 

analysis presented here is addressing 

the 24-hour PM2.5 NAAQS as opposed to 

the annual PM2.5 NAAQS (76 FR 27290). 

Monitoring Network 

EPA has determined that the 2006 

PM2.5 monitoring network for 

Milwaukee-Racine nonattainment area 

is adequate, even though two monitors 

have been shut down. The area 

currently has four monitoring locations. 

Under 40 CFR part 58, appendix D, a 

minimum of three monitors is required. 

While the area meets the minimum 

requirements, EPA and the State 

recognize that more monitors are often 

necessary to adequately characterize air 

quality. Therefore, EPA has requested 

that WDNR re-establish one monitor 

(Site Number 550790099). This monitor 

has been placed back into service as of 

January 2012. Nevertheless, EPA 

believes that sufficient data are 

currently available to determine 

whether the Milwaukee-Racine area is 

attaining the standard. 

Methodology 

In situations like those in Milwaukee, 

where there are missing or incomplete 

data due to monitor shutdown or other 

factors, EPA believes that it is often 

appropriate to use historical data along 

with statistical techniques to impute 

missing data, use those imputed data to 

estimate the three-year design value that 

would likely have occurred if complete 

data had been obtained, and thereby 

determine if the monitor in question 

would likely have met the NAAQS. 

The statistical technique in this case 

required comparing the two monitoring 

sites with missing 2010 data against a 

comparison monitor which is in the 

general vicinity of the sites with missing 

data. The comparison monitor is usually 

the highest correlated site based on 

historical data. For this reason, the two 

sites which were shut down (Site 

Numbers 550790043 and 550790099) 

were compared with an active 

monitoring site (Site Number 

550790026). These monitors are located 

within 3 miles and 2 miles, respectively, 

of the comparison monitor. 

A review of historical data for the four 

monitors that were violating the 24-hour 

PM2.5 NAAQS in the area shows that the 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 24439 

98th percentiles from the two 

discontinued monitors generally tracked 

the other two violating monitors well, in 

that all four sites had 98th percentiles 

that rose and fell with each other, 

especially during the period from 2007 

and continuing through 2009. If this 

pattern continued into 2010, there is a 

strong statistical likelihood, as 

discussed below, that the two 

discontinued monitors would have had 

98th percentile values that would have 

been less than those seen in 2009. If 

2010 were consistent with 2007 through 

2009, the 98th percentile concentrations 

for the two missing monitors would be 

below the design value, which would 

have resulted in the two sites showing 

attainment. 

As part of the analysis of the missing 

data, a set of statistical regression 

techniques were used to provide further 

information regarding the two 

discontinued monitors’ attainment 

status. The method used to determine 

the design value for the two 

discontinued monitors involves 

establishing a statistical relationship 

between data for those two monitors 

(Site Numbers 550790043 and 

550790099) and for the monitor which 

was best correlated with these monitors 

and remained in operation (in this 

analysis, Site Number 550790026). A 

regression equation was used to 

estimate values to fill in for the missing 

data from the discontinued monitors. 

This analysis provided a ‘‘best estimate’’ 

design value for the two sites without 

2010 data. 

The estimated design values were 

then analyzed using a bootstrapping 

statistical method, intended to assess 

the 2010 concentrations that would 

have been expected at the sites without 

2010 monitoring data had there been 

random observed associations between 

the shutdown sites and the comparison 

site according to the pre-2010 data base. 

Bootstrapping involves the use of 

regression residuals and repeating the 

regression analysis 1,000 times. EPA 

accepts a monitor as meeting the 

standard when at least 90% of the 

bootstrapped design values meet the 

standard. After extensive statistical 

analysis, the percentage of 

bootstrapping results that met the 2006 

24-hour PM2.5 NAAQS of 35 mg/m3 were 

consistently at or above 90%. 

Therefore, EPA proposes to conclude 

that both discontinued monitors would 

have attained the NAAQS, along with 

the two monitors which remained in 

operation. Data available to date for 

2011 are consistent with continued 

attainment. 

V. Proposed Action 

EPA is proposing to determine that 

the Milwaukee-Racine nonattainment 

area has attained the 2006 24-hour PM2.5

NAAQS. This proposed determination 

is based on the analysis presented in the 

previous section, and because the 2008– 

2010 design value at each monitor in the 

Milwaukee-Racine nonattainment area 

is at or less than the 2006 24-hour PM2.5

NAAQS of 35 mg/m3. This review 

addresses air quality data collected in 

the three-year period from 2008 to 2010, 

as well as additional data representing 

three of four quarters in 2011. 

Pursuant to section 40 CFR 

51.1004(c), applicable to the PM2.5

standards, if EPA finalizes this proposed 

determination, it will suspend the 

requirements for WDNR to submit for 

this area an attainment demonstration 

and associated RACM/RACT, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 24-hour PM2.5 NAAQS for as 

long as the area continues to attain the 

2006 24-hour PM2.5 NAAQS. 

VI. What is the effect of this action? 

Pursuant to section 40 CFR 

51.1004(c), if EPA finalizes this 

proposed determination for the 

Milwaukee-Racine nonattainment area, 

it would suspend the requirements for 

the State to submit an attainment 

demonstration and RACM (including 

RACT), RFP, contingency measures, and 

any other planning SIPs related to 

attainment of the 2006 24-hour PM2.5

NAAQS, and continue until such time, 

if any, that EPA subsequently 

determines that the area has violated the 

2006 24-hour PM2.5 NAAQS. 

Furthermore, as described below, any 

such final determination would not be 

equivalent to the redesignation of the 

area to attainment based on the 2006 

24-hour PM2.5 NAAQS. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 2006 24-hour PM2.5

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

for the pertinent area, and WDNR would 

have to address the relevant 

requirements for that area. EPA’s 

proposed determination, that the air 

quality data show attainment of the 

2006 24-hour PM2.5 NAAQS, is not 

equivalent to the redesignation of the 

area to attainment. This action would 

not constitute a redesignation to 

attainment under 107(d)(3) of the CAA, 

because EPA would not yet have an 

approved maintenance plan for the area 

as required under 175A of the CAA, nor 

would it have determined that the area 

has met the other requirements for 

redesignation. The designation status of 

the area would remain nonattainment 

for the 2006 24-hour PM2.5 NAAQS until 

such time as EPA approves all 

remaining requirements and determines 

that the area meets the CAA 

requirements for redesignation to 

attainment. 

This action is limited to a 

determination that the MilwaukeeRacine area has attained the 2006 

24-hour PM2.5 NAAQS. The 2006 PM2.5

NAAQS, which became effective on 

December 18, 2006 (71 FR 61144) are set 

forth at 40 CFR 50.13. 

VII. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

Federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

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24440 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this proposed 2006 24-hour 

PM2.5 clean NAAQS data determination 

for the Milwaukee-Racine, Wisconsin 

area 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 9, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–9811 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0140(a); FRL–9662– 

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; North 

Carolina; Annual Emissions Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a portion of a State Implementation Plan 

(SIP) revision submitted on January 31, 

2008, by the State of North Carolina, 

through the North Carolina Division of 

Air Quality, to meet the emissions 

statements requirement for North 

Carolina. EPA is proposing to approve 

the addition of Cabarrus, Lincoln, 

Rowan, and Union Counties in their 

entireties and Davidson Township and 

Coddle Creek Township in Iredell 

County to the annual emissions 

reporting requirement into the North 

Carolina SIP. This action is being taken 

pursuant to section 110 and section 182 

of the Clean Air Act. 

DATES: Written comments must be 

received on or before May 24, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2009–0140,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2009– 

0140,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sara Waterson of the Regulatory 

Development Section, in the Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9061. 

Ms. Sara Waterson can be reached via 

electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

27, 2008, EPA published a revised 

ozone national ambient air quality 

standard (NAAQS). See 73 FR 16436. 

The current action, however, is being 

taken to address requirements under the 

1997 ozone NAAQS. 

For additional information see the 

direct final rule which is published in 

the Rules Section of this Federal 

Register. In the Final Rules Section of 

this Federal Register, EPA is approving 

the State’s implementation plan revision 

as a direct final rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 

Dated: March 4, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–9620 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0021(b); FRL–9661– 

9] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Atlanta; Ozone 2002 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the ozone 2002 base year emissions 

inventory portion of the state 

implementation plan (SIP) revision 

submitted by the State of Georgia on 

October 21, 2009. The emissions 

inventory is part of the Atlanta, Georgia 

(hereafter referred to as ‘‘the Atlanta 

Area’’ or ‘‘Area’’), ozone attainment 

demonstration that was submitted for 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). The 

Atlanta Area is comprised of Barrow, 

Bartow, Carroll, Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding 

and Walton Counties in their entireties. 

This action is being taken pursuant to 

section 110 of the Clean Air Act. In the 

Rules Section of this Federal Register, 

EPA is approving Georgia’s SIP revision 

as a direct final rule without prior 

proposal because the Agency views this 

as a noncontroversial submittal, and 

anticipates no adverse comments. 

DATES: Written comments must be 

received on or before May 24, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0021 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010– 

0021,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

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