28264 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

* * * * * 

[FR Doc. 2012–11461 Filed 5–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0556; FRL-9669–5 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Ohio; Determination of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Steubenville-Weirton Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination regarding the two-state 

Steubenville-Weirton, Ohio-West 

Virginia nonattainment area (hereafter 

referred to as the ‘‘Steubenville-Weirton 

Area’’ or ‘‘Area’’) for the 2006 24-hour 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). EPA is determining that the 

Steubenville-Weirton Area has attained 

the 24-hour 2006 PM2.5 NAAQS. This 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data showing that this 

area has monitored attainment of the 24- 

hour 2006 PM2.5 NAAQS based on the 

2008–2010 data. EPA’s determination 

suspends the obligation of Ohio and 

West Virginia to submit, with respect to 

this area, attainment demonstrations, 

associated reasonably available control 

measures (RACM), reasonable further 

progress plans, contingency measures, 

and other planning State 

Implementation Plans (SIPs) related to 

attainment of the 2006 PM2.5 standard 

for so long as the Area continues to meet 

the 24-hour 2006 PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on June 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0556. 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: In 

Region III, Asrah Khadr, Office of Air 

Program Planning, Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2023. The telephone number is (215) 

814–2071. Ms. Khadr can also be 

reached via electronic mail at 

khadr.asrah@epa.gov. In Region V, 

Carolyn Persoon, Air Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region V, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604–3507. Ms. Persoon’s telephone 

number is (312) 353–8290. Ms. Persoon 

can also be reached via electronic mail 

at persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Summary of Public Comment and EPA 

Response 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the Steubenville-Weirton Area has 

attained the 24-hour 2006 PM2.5

NAAQS. This determination is based 

upon complete, quality assured, and 

certified ambient air monitoring data 

showing that this area has monitored 

attainment of the 2006 PM2.5 NAAQS 

based on data for 2008–2010. 

On October 4, 2011 (76 FR 61291), 

EPA proposed its determination of 

attainment for the Steubenville-Weirton 

Area. A discussion of the rationale 

behind this determination and the effect 

of the determination were included in 

the notice of proposed rulemaking 

(NPR). One adverse comment was 

submitted in response to EPA’s October 

4, 2011 NPR (76 FR 61291). A summary 

of the comment and EPA’s response is 

provided in section III of this document. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (40 CFR 

51.1004(c)), the requirements for the 

States of Ohio and West Virginia to 

submit, for the Steubenville-Weirton 

Area, an attainment demonstration and 

associated RACM (including reasonably 

available control technology (RACT)), 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 Area continues to meet 

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

subsequently determines that this Area 

violates the 24-hour 2006 PM2.5

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and this area would thereafter have to 

address the pertinent requirements. 

This action, does not constitute a 

redesignation of the SteubenvilleWeirton Area to attainment of 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 the 

Area as required under section 175A of 

the CAA, nor does it find that the Area 

has met all other requirements for 

redesignation. Even after a 

determination of attainment by EPA, the 

designation status of the SteubenvilleWeirton Area remains nonattainment for 

the 24-hour 2006 PM2.5 NAAQS until 

such time as EPA determines that the 

Area meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the SteubenvilleWeirton Area. 

III. Summary of Public Comment and 

EPA Response 

Comment: An Ohio resident 

expressed concern for the air quality in 

the Steubenville-Weirton Area. The 

resident perceives the air quality to be 

poor and thus questioned how this Area 

will be free from requirements to create 

plans for air quality improvement. The 

resident also proposed that areas with 

air quality problems should be subject 

to more stringent standards. 

Response: Since 2006, the States of 

Ohio and West Virginia, as well as the 

Federal government, have implemented 

various measures that have resulted in 

cleaner air in the Steubenville-Weirton 

Area, including, the nitrogen oxides 

(NOX) SIP Call which addressed 

pollutants that can result in acid rain; 

mobile source engine standards leading 

to a decrease in NOX and direct PM2.5; 

fuel standards decreasing sulfur dioxide 

(SO2); as well as rules affecting SO2 and 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 28265 

NOX from power plants. These and 

other measures have resulted in a 

decrease in monitored PM2.5

concentrations in the SteubenvilleWeirton Area. Questions regarding the 

stringency of existing air standards are 

not relevant to this determination. The 

sole concern of this determination is 

whether the Area has attained the 2006 

PM2.5 24-hour standard. Since 2008, 

based on complete, quality assured and 

certified data, this Area has monitored 

attainment of that standard, set by EPA 

to protect human health and the 

environment. The Area continues to 

attain the standard. At this time, 

therefore, no additional attainment 

planning or measures related to 

attainment of the 2006 PM2.5 24-hour 

standard are needed. In the future, 

should EPA determine that a violation 

of the standard occurs, the States of 

Ohio and West Virginia will then be 

required to submit an attainment 

demonstration, associated RACM, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action merely makes an 

attainment determination based on air 

quality data and does not impose any 

additional requirements. 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 July 13, 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 clean data determination 

for the 24-hour 2006 PM2.5 NAAQS for 

the Steubenville-Weirton Area 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, Sulfur 

oxides, Nitrogen oxides, Reporting and 

recordkeeping requirements. 

Dated: February 15, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

Dated: April 18, 2012. 

Susan Hedman, 

Regional Administrator, Region V. 

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 KK—Ohio 

■ 2. In § 52.1880, paragraph (r) is added 

to read as follows: 

§ 52.1880 Control strategy: Particulate 

matter. 

* * * * * 

(r) Determination of Attainment. EPA 

has determined, as of May 14, 2012, that 

based on 2008 to 2010 ambient air 

quality data, the Steubenville-Weirton 

nonattainment area has attained the 24- 

hour 2006 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), 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 of 

the standard for as long as this area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

Subpart XX—West Virginia 

■ 3. In § 52.2526, paragraph (g) is added 

to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(g) Determination of Attainment. EPA 

has determined, as of May 14, 2012, that 

based on 2008 to 2010 ambient air 

quality data, the Steubenville-Weirton 

nonattainment area has attained the 24- 

hour 2006 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), 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 of 

the standard for as long as this area 


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28266 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

[FR Doc. 2012–11184 Filed 5–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0039; FRL–9344–2] 

Acetone; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of acetone (67– 

64–1) when used as an inert ingredient 

as a solvent or co-solvent, 40 CFR 

180.930, in pesticides products applied 

to animals. Whitmire Micro-Gen (now 

affiliated with BASF Corp.; 3568 Tree 

Court Industrial Blvd., St. Louis, MO 

63112) submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting 

establishment of an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of acetone. 

DATES: This regulation is effective May 

14, 2012. Objections and requests for 

hearings must be received on or before 

July 13, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0039. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Mark Dow, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5533; email address: 

dow.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0039 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before July 13, 2012. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2008–0039, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

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

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Exemption 

In the Federal Register of February 6, 

2008 (73 FR 6966) (FRL–8350–9), EPA 

issued a notice pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the filing of a pesticide petition (PP 

7E7239) by Whitmire Micro-Gen (now 

affiliated with BASF Corp.; 3568 Tree 

Court Industrial Blvd., St. Louis, MO 

63112). The petition requested that 40 

CFR 180.930 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of acetone (Cas Reg. No. 67–64–1) when 

used as an inert ingredient as a solvent 

or co-solvent in pesticide formulations 

applied to animals. That notice 

referenced a summary of the petition 

prepared by Whitmire Micro-Gen (now 

affiliated with BASF Corp.; 3568 Tree 

Court Industrial Blvd., St. Louis, MO 

63112), the petitioner, which is 

available in the docket, http:// 


emcdonald on DSK29S0YB1PROD with RULES