18922 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 

(vi) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

(vii) API RP 86 (incorporated by 

reference as specified in § 250.198); 

when obtaining net standard volume 

and associated measurement 

parameters; and 

* * * * * 

(f) * * * 

(1) Calibrate mechanical-displacement 

provers and tank provers at least once 

every 5 years according to the API 

MPMS as incorporated by reference in 

30 CFR 250.198, including the following 

additional editions: 

(i) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(ii) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

* * * * * 

(g) * * * Calculate the following 

correction factors using the API MPMS 

as referenced in 30 CFR 250.198, 

including the following additional 

editions: 

(1) API MPMS, Chapter 4, Section 8 

(incorporated by reference as specified 

in § 250.198); 

(2) API MPMS Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198); 

(3) API MPMS Chapter 12, Section 2, 

Part 3 (incorporated by reference as 

specified in § 250.198); 

(4) API MPMS Chapter 12, Section 2, 

Part 4 (incorporated by reference as 

specified in § 250.198); 

* * * * * 

(l) * * * 

(4) Obtain the volume and other 

measurement parameters by using 

corrections factors and procedures in 

the API MPMS as incorporated by 

reference in 30 CFR 250.198, including: 

API MPMS Chapter 11, Section 1 

(incorporated by reference as specified 

in § 250.198). 

■ 4. Revise § 250.1203(b)(2) to read as 

follows: 

§ 250.1203 Gas measurement. 

* * * * * 

(b) * * * 

(2) Design, install, use, maintain, and 

test measurement equipment and 

procedures to ensure accurate and 

verifiable measurement. You must 

follow the recommendations in API 

MPMS or RP and AGA as incorporated 

by reference in 30 CFR 250.198, 

including the following additional 

editions: 

(i) API RP 86 (incorporated by 

reference as specified in § 250.198); 

(ii) AGA Report No. 7 (incorporated 

by reference as specified in § 250.198); 

(iii) AGA Report No. 9 (incorporated 

by reference as specified in § 250.198); 

(iv) AGA Report No. 10 (incorporated 

by reference as specified in § 250.198); 

* * * * * 

[FR Doc. 2012–7324 Filed 3–28–12; 8:45 am] 

BILLING CODE 4310–VH–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0818; FRL–9654–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination regarding the HarrisburgLebanon-Carlisle-York, Allentown, 

Johnstown, and Lancaster 

nonattainment areas (hereafter referred 

to as ‘‘Areas’’) for the 24-hour 2006 fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

EPA is determining that the Areas have 

clean data for the 24-hour 2006 PM2.5

NAAQS. These determinations are 

based upon complete, quality-assured, 

quality-controlled, and certified ambient 

air monitoring data showing that these 

Areas have monitored attainment of the 

24-hour 2006 PM2.5 NAAQS based on 

the 2008–2010 data in EPA’s Air Quality 

System (AQS) database. EPA’s 

determinations relieve these Areas from 

the requirements to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard for so long as these Areas 

continue to meet the 24-hour 2006 PM2.5

NAAQS. 

DATES: Effective Date: This final rule is 

effective on April 30, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0818. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making final determinations 

that the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and 

Lancaster nonattainment areas have 

clean data for the 24-hour 2006 PM2.5

NAAQS. These determinations are 

based upon complete, quality-assured, 

quality-controlled, and certified ambient 

air monitoring data showing that these 

Areas have monitored attainment of the 

2006 PM2.5 NAAQS based on the 2008– 

2010 monitoring data. 

On January 20, 2012 (77 FR 2941), 

EPA proposed determinations of clean 

data for the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown, 

and Lancaster nonattainment areas. A 

discussion of the rationale behind these 

determinations and the effect of these 

determinations were included in the 

notice of proposed rulemaking. EPA 

received no comments on this notice of 

proposed rulemaking. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (See 40 CFR 

51.1004(c)), the requirements for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

nonattainment areas to submit an 

attainment demonstration and 

associated reasonably available control 

measures (including reasonably 

available control technology), a 

reasonable further progress plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 PM2.5 NAAQS are suspended 

for so long as the Areas continue to meet 

the 24-hour 2006 PM2.5 NAAQS. If EPA 

subsequently determines that these 

Areas violate the 24-hour 2006 PM2.5

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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules and Regulations 18923 

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and these Areas would thereafter have 

to address the pertinent requirements. 

This action does not constitute a 

redesignation of these Areas to 

attainment for the 24-hour 2006 PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, this 

action does not involve approving 

maintenance plans for these Areas as 

required under section 175A of the 

CAA, nor does it find that the Areas 

have met all other requirements for 

redesignation. Even after these 

determinations of attainment by EPA, 

the designation status of these Areas is 

nonattainment for the 24-hour 2006 

PM2.5 NAAQS until such time as EPA 

determines that the Areas meet the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate these Areas. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action makes determinations of 

attainment based on air quality, and will 

result in the suspension of certain 

Federal requirements, and will not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 May 29, 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. 

These clean data determinations for 

the 24-hour 2006 PM2.5 NAAQS for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

nonattainment areas 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 19, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 52 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 NN—Pennsylvania 

■ 2. In § 52.2059, paragraph (e) is added 

to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(e) Determination of Clean Data. EPA 

has determined, as of March 29, 2012, 

that based on 2008 to 2010 ambient air 

quality data, the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown, 

and Lancaster nonattainment areas have 

attained the 24-hour 2006 PM2.5

NAAQS. These determinations, in 

accordance with 40 CFR 51.1004(c), 

suspend the requirements for these 

areas to submit an attainment 

demonstration, associated reasonably 

available control measures, a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

related to attainment of the standard for 

as long as these areas continue to meet 

the 24-hour 2006 PM2.5 NAAQS. 

[FR Doc. 2012–7563 Filed 3–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–NM–0006; FRL– 

9654–2] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Construction Permit Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking a direct final 

action to approve revisions which 

repeal and replace existing rules, and 

revisions to the applicable State 

Implementation Plan (SIP) for New 

Mexico submitted by the State of New 

Mexico on April 11, 2002, and April 25, 

2005, which relate to construction 

permit fee requirement regulations. The 

repeal and replace and SIP revisions 

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