Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 887 

requirements of section 189(c); and the 

attainment demonstration, RACM, RFP, 

and contingency measure requirements 

of part D, subpart 1 contained in section 

172. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3) because Utah has not 

submitted a maintenance plan and EPA 

has not approved such a plan for the 

Ogden City nonattainment area as 

meeting the requirements of section 

175A of the CAA, nor has EPA 

determined that Utah has met the other 

CAA requirements for redesignation. 

The classification and designation status 

in 40 CFR part 81 remains moderate 

nonattainment for the Ogden City 

nonattainment area until such time as 

EPA determines that Utah has met the 

CAA requirements for redesignating the 

Ogden City nonattainment area to 

attainment. 

IV. Statutory and Executive Order 

Reviews 

With this action, we are making a 

determination regarding attainment of 

the PM10 NAAQS based on air quality 

data and, based on this determination, 

suspending certain Federal 

requirements. Therefore, this action 

would not impose additional 

requirements beyond those imposed by 

State law or by the CAA. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249; November 9, 2000), because 

the determinations discussed herein do 

not apply to Indian Tribes and thus will 

not impose substantial direct costs on 

Tribal governments or preempt Tribal 

law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 8, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: December 17, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2012–31560 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0752; FRL–9766–8] 

Determination of Attainment for the 

Nogales Nonattainment Area for the 

2006 Fine Particle Standard; Arizona; 

Determination Regarding Applicability 

of Clean Air Act Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Nogales 

nonattainment area in Arizona has 

attained the 2006 24-hour fine particle 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). This determination 

is based upon complete, 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 24- 

hour PM2.5 NAAQS. 

DATES: This rule is effective on February 

6, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0752 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., 

Confidential Business Information). To 

inspect the hard copy materials, please 

schedule an appointment during normal 

business hours with the contact listed in 

the FOR FURTHER INFORMATION CONTACT

section. 


TKELLEY on DSK3SPTVN1PROD with 
888 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

1Covering 76.1 square miles, the Nogales PM2.5

nonattainment area is located within Santa Cruz 

County, Arizona, with the southernmost boundary 

of the nonattainment area and Santa Cruz County 

being the U.S./Mexico border. 

2The 2006 24-hour PM2.5 NAAQS is 35 

micrograms per cubic meter (mg/m3), based on a 3- 

year average of the 98th percentile of 24-hour 

concentrations. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, (415) 972–3963, or by email 

at ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and EPA Responses 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On October 30, 2012 (77 FR 65656), 

EPA proposed to determine that the 

Nogales nonattainment area 1 has 

attained the 2006 24-hour NAAQS 2 for 

fine particles (generally referring to 

particles less than or equal to 2.5 

micrometers in diameter, PM2.5). 

In our proposed rule, we explained 

how EPA makes an attainment 

determination for the 2006 24-hour 

PM2.5 NAAQS by reference to complete, 

quality-assured data gathered at a State 

and Local Air Monitoring Station(s) 

(SLAMS) and entered into EPA’s Air 

Quality System (AQS) database and by 

reference to 40 CFR 50.13 (‘‘National 

primary and secondary ambient air 

quality standards for PM2.5’’) and 

appendix N to [40 CFR] part 50 

(‘‘Interpretation of the National Ambient 

Air Quality Standards for PM2.5’’). EPA 

proposed the determination of 

attainment for the Nogales area based 

upon a review of the monitoring 

network operated by the Arizona 

Department of Environmental Quality 

(ADEQ) and the data collected at the 

one monitoring site operating during the 

most recent complete three-year period 

(i.e., 2009 to 2011). Based on this 

review, EPA found that complete, 

quality-assured and certified data for the 

Nogales area showed that the 24-hour 

design value for the 2009–2011 period 

was equal to or less than 35 m/m3 at the 

monitor site. See the data summary 

table on page 65658 of the October 30, 

2012 proposed rule. We also noted that 

preliminary data available in AQS for 

2012 indicates that the Nogales area 

continues to attain the NAAQS. 

In our proposed rule, based on the 

proposed determination of attainment, 

we also proposed to apply EPA’s Clean 

Data Policy to the 2006 PM2.5 NAAQS 

and thereby suspend the requirements 

for this area to submit an attainment 

demonstration, associated reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan, 

and contingency measures for so long as 

the area continues to attain the 2006 24- 

hour PM2.5 NAAQS. See pages 65658– 

65660 of our October 30, 2012 proposed 

rule. In proposing to apply the Clean 

Data Policy to the 2006 PM2.5 NAAQS, 

we explained how we are applying the 

same statutory interpretation with 

respect to the implications of clean data 

determinations that the Agency has long 

applied in regulations for the 1997 8- 

hour ozone and PM2.5 NAAQS and in 

individual rulemakings for the 1-hour 

ozone, PM10 and lead NAAQS. 

Please see the October 30, 2012 

proposed rule for more detailed 

information concerning the PM2.5

NAAQS, designations of PM2.5

nonattainment areas, the regulatory 

basis for determining attainment of the 

NAAQS, ADEQ’s PM2.5 monitoring 

network, EPA’s review and evaluation 

of the data, and the rationale and 

implications for application of the Clean 

Data Policy to the 2006 PM2.5 NAAQS. 

II. Public Comments and EPA 

Responses 

EPA’s proposed rule provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA’s Final Action 

For the reasons provided in the 

proposed rule and summarized herein, 

EPA is taking final action to determine 

that the Nogales nonattainment area in 

Arizona has attained the 2006 24-hour 

PM2.5 NAAQS based on the most recent 

three years of complete, quality-assured, 

and certified data in AQS for 2009– 

2011. Preliminary data available in AQS 

for 2012 show that this area continues 

to attain the standard. 

EPA is also taking final action, based 

on the above determination of 

attainment, to suspend the requirements 

for the Nogales nonattainment area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 2006 PM2.5 NAAQS for so long as 

the area continues to attain the 2006 

PM2.5 NAAQS. EPA’s final action is 

consistent and in keeping with its longheld interpretation of CAA 

requirements, as well as with EPA’s 

regulations for similar determinations 

for ozone (see 40 CFR 51.918) and the 

1997 fine particulate matter standards 

(see 40 CFR 51.1004(c)). 

Today’s final action does not 

constitute a redesignation of the Nogales 

nonattainment area to attainment for the 

2006 24-hour PM2.5 NAAQS under CAA 

section 107(d)(3) because we have not 

yet approved a maintenance plan for the 

Nogales nonattainment area as meeting 

the requirements of section 175A of the 

CAA or determined that the area has 

met the other CAA requirements for 

redesignation. The classification and 

designation status in 40 CFR part 81 

remain nonattainment for this area until 

such time as EPA determines that 

Arizona has met the CAA requirements 

for redesignating the Nogales 

nonattainment area to attainment. 

If the Nogales nonattainment area 

continues to monitor attainment of the 

2006 PM2.5 NAAQS, the requirements 

for the area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning requirements related 

to attainment of the 2006 PM2.5 NAAQS 

will remain suspended. If after today’s 

action EPA subsequently determines, 

after notice-and-comment rulemaking in 

the Federal Register, that the area has 

violated the 2006 PM2.5 NAAQS, the 

basis for the suspension of the 

attainment planning requirements for 

the area would no longer exist, and the 

area would thereafter have to address 

such requirements. 

IV. Statutory and Executive Order 

Reviews 

This final action makes a 

determination of attainment based on 

air quality and suspends certain federal 

requirements, and thus, this action 

would not impose additional 

requirements beyond those imposed by 

state law. For this reason, the final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 


TKELLEY on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 889 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final action does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations discussed herein do not 

apply to Indian Tribes, and thus this 

action will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 8, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Nitrogen 

oxides, Sulfur oxides, Reporting and 

recordkeeping requirements. 

Dated: December 18, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.131 is added to read as 

follows: 

§ 52.131 Control Strategy and regulations: 

Fine Particle Matter. 

(a) Determination of Attainment: 

Effective February 6, 2013, EPA has 

determined that, based on 2009 to 2011 

ambient air quality data, the Nogales 

PM2.5 nonattainment area has attained 

the 2006 24-hour PM2.5 NAAQS. This 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment for 

as long as this area continues to attain 

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

determines, after notice-and-comment 

rulemaking, that this area no longer 

meets the 2006 PM2.5 NAAQS, the 

corresponding determination of 

attainment for that area shall be 

withdrawn. 

(b) [Reserved] 

[FR Doc. 2012–31639 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0721; FRL–9767–3] 

Finding of Substantial Inadequacy of 

Implementation Plan; Call for 

California State Implementation Plan 

Revision; South Coast 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: In response to a remand by 

the United States Court of Appeals for 

the Ninth Circuit, and pursuant to the 

Clean Air Act, EPA is taking final action 

to find that the California State 

Implementation Plan (SIP) for the Los 

Angeles-South Coast Air Basin is 

substantially inadequate to comply with 

the obligation to adopt and implement 

a plan providing for attainment of the 1- 

hour ozone standard. In response to this 

finding, California is required to submit 

a SIP revision correcting this deficiency 

within 12 months of the effective date 

of this rule. If EPA finds that California 

has failed to submit a complete SIP 

revision as required by this final rule, or 

if EPA disapproves such a revision, 

such finding or disapproval would 

trigger clocks for mandatory sanctions 

and an obligation for EPA to impose a 

Federal Implementation Plan. EPA is 

also taking final action establishing the 

order in which mandatory sanctions 

would apply in the event that EPA 

makes a finding of failure to submit a 

SIP revision or disapproves the SIP 

revision. Specifically, the offset sanction 

would apply 18 months after such 

finding or disapproval and highway 

funding restrictions would apply six 

months later. Sanctions would not 

apply if EPA first takes action to stay the 

imposition of the sanctions or to stop 

the sanctions clock based on a 

preliminary or final determination that 

the State has corrected the SIP 

deficiencies. 

DATES: This rule is effective on February 

6, 2013. 

ADDRESSES: EPA has established docket 

EPA–R09–OAR–2012–0721 for this 

action. The index to the docket for this 

action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California, 94105– 

3901. While all documents in the docket 

are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office, U.S. 

Environmental Protection Agency, 

Region 9, Mailcode AIR–2, 75 

Hawthorne Street, San Francisco, 

California 94105–3901, 415–947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Action 


TKELLEY on DSK3SPTVN1PROD with