Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 66547 

Dated: October 19, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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. 

■ 2. Section 52.1173 is amended by 

adding paragraphs (h) and (i) to read as 

follows: 

§ 52.1173 Control strategy: Particulates. 

* * * * * 

(h) Determination of Attainment. EPA 

has determined, as of November 6, 2012, 

that based on 2009–2011 ambient air 

quality data, the Detroit-Ann Arbor 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(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 1997 annual PM2.5

NAAQS. 

(i) Pursuant to Clean Air Act section 

179(c), EPA has determined that the 

Detroit-Ann Arbor area attained the 

annual 1997 PM2.5 NAAQS by the 

applicable attainment date, April 5, 

2010. 

[FR Doc. 2012–26957 Filed 11–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0520; FRL 9748–9] 

Approval and Promulgation of 

Implementation Plans; Michigan; 

Detroit-Ann Arbor Nonattainment Area; 

Fine Particulate Matter 2005 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2005 base year 

emissions inventory, a portion of the 

State Implementation Plan (SIP) 

revision submitted by the Michigan 

Department of Environmental Quality 

(MDEQ) on June 13, 2008. The 

emissions inventory is part of 

Michigan’s SIP revision that was 

submitted to meet the nonattainment 

requirements related to the state’s 

Detroit-Ann Arbor (Livingston, 

Macomb, Monroe, Oakland, St. Clair, 

Washtenaw, and Wayne Counties) 

nonattainment area for the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS). This action is being 

taken pursuant to sections 110 and 172 

of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R05–OAR–2008–0520. All 

documents in these dockets are listed on 

the www.regulations.gov Web site. 

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 U.S. 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 Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@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. Final Action 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

On August 1, 2012 (77 FR 45532), 

EPA published a proposed rulemaking 

to approve Michigan’s PM2.5 2005 base 

year emissions inventory for the DetroitAnn Arbor area. EPA did not receive 

any comments, adverse or otherwise, on 

the August 1, 2012, proposed 

rulemaking. Pursuant to section 110 and 

172 of the CAA, EPA is now taking final 

action to approve the Detroit-Ann Arbor 

area PM2.5 2005 base year emissions 

inventory as provided in EPA’s August 

1, 2012, proposed rulemaking. A 

summary of the background for today’s 

final action is provided below. For more 

detail, please refer to EPA’s proposed 

rulemaking at 77 FR 45532. 

Section 172(c)(3) of the CAA requires 

areas to submit a comprehensive, 

accurate, and current inventory from all 

sources of actual emissions of the 

relevant pollutant or pollutants in such 

area. Michigan selected 2005 as the base 

year for the emissions inventory per 40 

CFR 51.1008(b). Emissions contained in 

Michigan’s SIP revision covered the 

general source categories of point 

sources, non-road mobile sources, area 

sources, marine, aircraft and rail, and 

on-road mobile sources. A detailed 

discussion of the emissions inventory 

and its development can be found in the 

August 1, 2012, proposal. EPA has 

reviewed Michigan’s Detroit-Ann Arbor 

PM2.5 2005 base year emissions 

inventory and has determined that it is 

adequate for the purposes of meeting the 

section 172(c)(3) emissions inventory 

requirement. Further, EPA has made the 

determination that the emissions were 

developed consistent with the CAA, 

implementing regulations, and EPA 

guidance for emission inventories. 

II. Final Action 

EPA is taking final action to approve 

the PM2.5 2005 base year emissions 

inventory portion of the SIP revision 

submitted by MDEQ on June 13, 2008, 

consistent with sections 110 and 172 of 

the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 


erowe on DSK6TPTVN1PROD with RULES
66548 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 

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. 

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 January 7, 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, Reporting 

and recordkeeping requirements. 

Dated: October 19, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 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. 

■ 2. In § 52.1170 the table in paragraph 

(e) is amended by adding a new entry 

for ‘‘1997 Annual Fine Particulate 

Matter 2005 Base Year Emissions 

Inventory’’ at the end of the table to read 

as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI–REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal date EPA approval date Comments 

*******

1997 Annual Fine Particulate Matter 2005 Base 

Year Emissions Inventory.

Detroit-Ann Arbor area 

(Livingston, Macomb, 

Monroe, Oakland, St. 

Clair, Washtenaw, 

and Wayne Counties).

6/13/08 11/6/12 [INSERT CITATION OF PUBLICATION].

[FR Doc. 2012–26962 Filed 11–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0266; FRL–9736–9] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the San Joaquin Valley Unified Air 

Pollution Control District (SJVUAPCD) 

portion of the California State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

April 26, 2012 and concerns oxides of 

nitrogen (NOX) from solid fuel fired 

boilers. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule will be effective on 

December 6, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0266 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

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

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(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: 

Idalia Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 


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