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

159Cross-Border Application of Certain Swaps 

Provisions of the Commodity Exchange Act, 77 FR 

41214 (July 12, 2012). 160CFTC Division of Swap Dealer and 

Intermediary Oversight, Re: Time-Limited NoAction Relief: Swaps Only With Certain Persons to 

be Included in Calculation of Aggregate Gross 

Notional Amount for Purposes of Swap Dealer De 

Minimis Exception and Calculation of Whether a 

Person is a Major Swap Participant, No-Action 

Letter No. 12–22, Oct. 12, 2012. 161 Joint Press Statement of Leaders on Operating 

Principles and Areas of Exploration in the 

Regulation of the Cross-border OTC Derivatives 

Market, December 4, 2012. 

162 7 U.S.C. 2(i). 

cross-border supervisory and enforcement 

arrangements may be made. It is my hope 

that these meetings will lead the Commission 

to listen to the concerns being raised by 

regulators around the world and to adopt a 

more reasonable approach when it finalizes 

the cross-border guidance. 

Appendix 4—Statement of 

Commissioner Bart Chilton 

As we have set out to do from the 

beginning of the Dodd-Frank rulemaking 

process, we are cognizant of the need for 

regulators around the globe to harmonize 

rules to the extent possible in order to avoid 

market disruption and regulatory arbitrage. 

In responding to a letter from Members of 

the House Agriculture Committee’s 

Subcommittee on General Farm Commodities 

and Risk Management, I pointed out that I 

expect the Commission will act imminently 

to ensure the following three broad 

objectives: 

• Narrow the definition of U.S. person so 

that our extraterritorial reach is not too 

broad; 

• Provide sensible aggregation 

requirements so that foreign banks won’t 

automatically have to become U.S. swaps 

dealers just because they do business with 

foreign affiliates of U.S. banks; 

• Provide for a phased-in compliance to 

July 2013 to allow time for other jurisdictions 

to implement derivative market reforms. 

In addition, we must ensure that, in this 

interim period, U.S. swap dealers and major 

swap participants can avoid a Dodd-Frank 

compliance-related enforcement action by 

working to comply reasonably and in good 

faith. 

Derivatives reform in the U.S. isn’t taking 

place in a vacuum. And, regulators on several 

continents are moving at different speeds. 

Like an orchestra playing holiday music, not 

all sections of instruments necessarily start a 

number at the same time. Yet, they wind up 

in harmony. So too it must be in global 

financial reform. Ending up in harmony is 

critical to achieving our overarching purpose: 

making global financial markets safer, more 

transparent, and more effective. 

Appendix 5—Statement of 

Commissioner Scott D. O’Malia 

I respectfully concur with the 

Commission’s approval of this Order. The 

relief provided in the Order is timely and 

helps provide some level of clarity in the 

short term to market participants as they 

transition to the Commission’s new swap 

regulatory regime. Crucially, it also provides 

time for the Commission to engage with 

foreign regulators in order to develop a 

coordinated, harmonized approach to 

regulating the global swap markets in the 

long term. 

While I generally support the relief 

provided, the Order should have done much 

more to provide clarity and consistency and 

to ensure a level playing field for market 

participants. In particular, I would like to 

note that the definition of ‘‘U.S. Person’’ 

contained in this Order is the third different 

definition articulated by the Commission 

within the past six months: The expansive 

definition in the Commission’s July proposed 

guidance,159 the narrower ‘‘territorial’’ 

definition in an October staff no-action 

letter,160 and now this modified territorial 

definition. The industry cannot get too used 

to this definition either, as there will be, 

remarkably, a fourth definition next year 

when the Commission finalizes its crossborder guidance. This is a regrettable lack of 

consistency for a concept that is so central to 

foreign swap market participants’ ability to 

determine their compliance obligations. 

This Order expires July 12, 2013. The 

Commission should use the time between 

now and then to do two things. First, as 

mentioned above, it should actively engage 

with other regulators. I was encouraged by 

the joint statement released earlier this 

month by a group of international derivatives 

regulators (including the Commission),161

which emphasized the importance of 

coordination and committed the signatories 

to consult one another with regard to the 

timing and sequencing of regulation; 

comparability determinations; clearing 

determinations; and conflicting, inconsistent 

and duplicative rules. But these 

consultations over the next several months 

cannot merely be an exercise in going 

through the motions. Rather, they must be 

substantive, and they should ultimately lead 

to a final Commission cross-border guidance 

that addresses the strong concerns raised by 

fellow regulators about the Commission’s 

July proposal. For their part, fellow 

regulators can make this engagement process 

more effective by providing detailed plans of 

their existing and upcoming regulations as 

well as concrete, specific blueprints for 

potential comparability and substituted 

compliance determinations. 

Second, the Commission should use the 

next several months to revisit and revise the 

grossly overbroad conception of 

extraterritorial reach that it argued for in the 

July proposed guidance. Most important, the 

Commission needs to articulate a clear, 

logical interpretation of the ‘‘direct and 

significant’’ connection required by the 

statute as a prerequisite to applying our 

regulations to entities and activities 

abroad.162 As I have noted before, the 

statutory language is a limitation on the 

Commission’s authority, but the proposed 

guidance interpreted it as the opposite. If the 

Commission develops a sufficient rationale 

for the ‘‘direct and significant’’ standard, it 

will have gone a long way toward 

appropriately determining the scope of its 

extraterritorial reach. 

[FR Doc. 2012–31736 Filed 1–4–13; 8:45 am] 

BILLING CODE 6351–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0371; FRL–9765–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, New Jersey, and 

Pennsylvania; Determination of 

Attainment of the 2006 24-Hour Fine 

Particulate Matter Standard for the 

Philadelphia-Wilmington, PA-NJ-DE 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a 

determination of attainment regarding 

the Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Philadelphia Area’’ or ‘‘the 

Area’’). EPA has determined that the 

Philadelphia Area has attained the 2006 

24-hour PM2.5 National Ambient Air 

Quality Standard (NAAQS), based upon 

quality-assured, quality-controlled and 

certified ambient air monitoring data for 

the 2008–2010 and 2009–2011 periods. 

Preliminary data available for 2012 are 

consistent with continued attainment of 

the Philadelphia Area. This 

determination of attainment suspends 

the requirements for the respective state 

portions of the Philadelphia Area to 

submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to the attainment of the standard 

for so long as the Area continues to 

attain the 2006 24-hour PM2.5 NAAQS. 

This action is being taken under the 

Clean Air Act (CAA). This action does 

not constitute a redesignation to 

attainment, and the Philadelphia Area 

will remain designated nonattainment 

for the 2006 24-hour PM2.5 NAAQS until 

such time as EPA determines that the 

Philadelphia Area, or portion thereof, 

meets the CAA requirements for 

redesignation to attainment for the 

standard, including an approved 

maintenance plan. 

DATES: This final rule is effective on 

January 7, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0371. 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 


TKELLEY on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 883 

1While EPA recognizes that 40 CFR 51.1004(c) 

does not itself expressly apply to the 2006 24-hour 

PM2.5 NAAQS, the statutory interpretation that it 

embodies is identical and is applicable to both the 

1997 annual and the 2006 24-hour PM2.5 NAAQS. 

2This discussion refers to subpart 1 of the CAA 

because subpart 1 contains the requirements 

relating to attainment of the 2006 24-hour PM2.5

NAAQS. 

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: For 

inquiries related to the State of 

Delaware or the Commonwealth of 

Pennsylvania, please contact Emlyn 

Ve ́lez-Rosa, (215) 814–2038, or by email 

at velez-rosa.emlyn@epa.gov. For 

inquiries related to the State of New 

Jersey, please contact Gavin Lau, (212) 

637–3708, or by email at 

lau.gavin@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. Background 

II. Summary of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On September 21, 2006, EPA retained 

the 1997 annual PM2.5 NAAQS at 15.0 

micrograms per cubic meter (mg/m3) 

(hereby ‘‘the 2006 annual PM2.5

NAAQS’’) based on a 3-year average of 

annual mean PM2.5 concentrations, and 

promulgated a new 24-hour standard of 

35 mg/m3 based on a 3-year average of 

the 98th percentile of 24-hour 

concentrations (71 FR 61144, October 

17, 2006). The revised 2006 24-hour 

PM2.5 standard (hereafter ‘‘the 2006 24- 

hour PM2.5 NAAQS’’) became effective 

on December 18, 2006. See 40 CFR 

50.13. 

Many petitioners challenged aspects 

of EPA’s 2006 revisions to the PM2.5

NAAQS. See American Farm Bureau 

Federation and National Pork Producers 

Council, et al. v. EPA, 559 F.3d 512 

(D.C. Cir. 2009). As a result of this 

challenge, the U.S. Court of Appeals for 

the District of Columbia Circuit 

remanded the 2006 annual PM2.5

NAAQS to EPA for further proceedings. 

The 2006 24-hour primary and 

secondary PM2.5 NAAQS were not 

affected by the remand and remain in 

effect. 

On November 13, 2009, EPA 

published designations for the 2006 24- 

hour PM2.5 NAAQS (74 FR 58688), 

which included the Philadelphia Area 

as a nonattainment area. Designations 

became effective on December 14, 2009. 

The Philadelphia Area is composed of 

New Castle County in Delaware; 

Burlington, Camden, and Gloucester 

Counties in New Jersey; and Bucks, 

Chester, Delaware, Montgomery, and 

Philadelphia Counties in Pennsylvania. 

See 40 CFR 81.339 (Pennsylvania), 40 

CFR 81.331 (New Jersey), and 40 CFR 

81.308 (Delaware). 

On October 2, 2012 (77 FR 60089), 

EPA published a notice of proposed 

rulemaking (NPR) for the States of 

Delaware and New Jersey and the 

Commonwealth of Pennsylvania, 

proposing to determine that the 

Philadelphia Area has attained the 2006 

24-hour PM2.5 NAAQS, based on the 

quality-controlled, quality-assured, and 

certified data from 2008–2010 and 

2009–2011 monitoring periods. 

Preliminary data available for 2012 are 

consistent with continued attainment of 

the Philadelphia Area. 

EPA’s determination is being made in 

accordance with its longstanding 

interpretation under the Clean Data 

Policy, and with previously issued rules 

and determinations of attainment. A 

brief description of the Clean Data 

Policy with respect to the 2006 24-hour 

PM2.5 NAAQS is set forth below. In 

addition, the docket for this rulemaking 

includes documentation providing more 

detail regarding the application of EPA’s 

Clean Data Policy to determinations of 

attainment for the 2006 24-hour PM2.5

NAAQS. 

In April 2007, EPA issued its PM2.5

Implementation Rule for the 1997 

annual PM2.5 NAAQS. 72 FR 20586 

(April 25, 2007). In March 2012, EPA 

published implementation guidance for 

the 2006 24-hour PM2.5 NAAQS. See 

Memorandum from Stephen D. Page, 

Director, Office of Air Quality Planning 

and Standards, ‘‘Implementation 

Guidance for the 2006 24-Hour Final 

Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS)’’ (March 2, 

2012). In that guidance, EPA stated its 

view ‘‘that the overall framework and 

policy approach of the 2007 PM2.5

Implementation Rule continues to 

provide effective and appropriate 

guidance on the EPA’s interpretation of 

the general statutory requirements that 

states should address in their SIPs. In 

general, the EPA believes that the 

interpretations of the statute in the 

framework of the 2007 PM2.5

Implementation Rule are relevant to the 

statutory requirements for the 2006 24- 

hour PM2.5 NAAQS * * * .’’ Id. at page 

1. 

In keeping with the principles set 

forth in the guidance, and with respect 

to the effect of a determination of 

attainment for the 2006 24-hour PM2.5

NAAQS, EPA is applying the same 

interpretation with respect to the 

implications of clean data 

determinations that it set forth in the 

preamble to the 1997 annual PM2.5

NAAQS and in the regulation that 

embodies this interpretation. 40 CFR 

51.1004(c).1 EPA has long applied this 

interpretation in regulations and 

individual rulemakings for the 1-hour 

ozone and 1997 8-hour ozone NAAQS, 

the coarse particulate matter (PM10) 

NAAQS, and the lead NAAQS. 

In 1995, based on the interpretation of 

CAA sections 171 and 172, and section 

182 in the General Preamble, EPA set 

forth what has become known as its 

‘‘Clean Data Policy’’ for the 1-hour 

ozone NAAQS. See Memorandum from 

John S. Seitz, Director, Office of Air 

Quality Planning and Standards, 

‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard’’ (May 

10, 1995). In 2004, EPA indicated its 

intention to extend the Clean Data 

Policy to the PM2.5 NAAQS. See 

Memorandum from Steve Page, Director, 

EPA Office of Air Quality Planning and 

Standards, ‘‘Clean Data Policy for the 

Fine Particle National Ambient Air 

Quality Standards’’ (December 14, 

2004). 

The Clean Data Policy represents 

EPA’s interpretation that certain 

requirements of subpart 1 of part D of 

the CAA are by their terms not 

applicable to areas that are currently 

attaining the NAAQS.2 It is important to 

note that the obligation of a state with 

respect to an area which attains the 

2006 24-hour PM2.5 NAAQS based on 

three years of data, to submit an 

attainment demonstration and related 

planning submissions is suspended only 

for so long as the area continues to 

attain the standard. If EPA subsequently 

determines, after notice-and-comment 

rulemaking, that the area has violated 

the NAAQS, the requirements for the 

state to submit a SIP to meet the 

previously suspended requirements 

would be reinstated. It is likewise 

important to note that the area remains 

designated nonattainment pending a 

further redesignation action. The docket 


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

3The monitoring data from the 2008–2010 and 

2009–2011 monitoring periods that are relied on in 

this notice may be impacted by reductions 

associated with the Clean Air Interstate Rule 

(CAIR), which was remanded to EPA in 2008. See 

North Carolina v. EPA, 531 F.3d 896, as modified 

on reh’g, 550 F.3d 1176 (D.C. Cir. 2008). 

Nonetheless, because this determination addresses 

only whether the monitoring data shows 

attainment, at this time EPA need not address 

whether such attainment was due to the remanded 

CAIR. 

for this rulemaking action includes 

documentation providing additional 

information regarding the basis for use 

of EPA’s Clean Data Policy for the 2006 

24-hour PM2.5 NAAQS. 

II. Summary of Action 

In this rulemaking action, EPA is 

finalizing the determination of 

attainment of the 2006 24-hour PM2.5

NAAQS for the Philadelphia Area, 

based on the quality-controlled, qualityassured, and certified data from 2008– 

2010 and 2009–2011 monitoring periods 

and preliminary data for 2012. EPA 

previously determined that the PM2.5

monitoring network for the Philadelphia 

Area is adequate. EPA found that the 

number of monitors in the Area meets 

the minimum regulatory requirements 

given in 40 CFR part 58, appendix D, 

section 4.7, and that the monitoring 

network in place is in accordance with 

the States’ most recent annual 

monitoring network plans approved by 

EPA, as required by 40 CFR 58.10. 

EPA’s review of quality-assured, 

quality-controlled, certified ambient air 

monitoring data collected in the 

Philadelphia Area during 2008–2010 

and 2009–2011 shows that the Area has 

attained the 2006 24-hour PM2.5

NAAQS. Additionally, preliminary 

PM2.5 data available for 2012 is 

consistent with continued attainment of 

the 2006 24-hour PM2.5 NAAQS in the 

Philadelphia Area. 

No public comments were submitted 

in response to the NPR, published on 

October 2, 2012 (77 FR 60089). EPA’s 

evaluation of air quality data and 

additional information regarding the 

monitoring network and air quality data 

used in this determination are available 

in the NPR and in the Technical 

Support Document for the NPR and thus 

are not restated here. Relevant support 

documents for this action are available 

online at www.regulations.gov, Docket 

number EPA–R03–OAR–2012–0371. 

III. Final Action 

EPA is making a determination that 

the Philadelphia Area has attained the 

2006 24-hour PM2.5 NAAQS, based 

upon quality-controlled, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 and 2009–2011 

periods. Preliminary data available for 

2012 are consistent with continued 

attainment. This final action, in 

accordance with the Clean Data Policy 

(which is reflected in 40 CFR 

51.1004(c)), suspends the requirements 

for the Philadelphia Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and other 

planning SIP revisions related to the 

attainment of the standard, for so long 

as the Area continues to attain the 2006 

24-hour PM2.5 NAAQS. This 

determination is not equivalent to the 

redesignation of the Philadelphia Area 

to attainment for the 2006 24-hour PM2.5

NAAQS. If 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 

would no longer exist for the 

Philadelphia Area, and the Area would 

thereafter have to address the applicable 

requirements for the 2006 24-hour PM2.5

NAAQS. 

Finalizing this determination does not 

constitute a redesignation of the 

Philadelphia Area to attainment of the 

2006 24-hour PM2.5 NAAQS under 

section 107(d)(3) of the CAA, nor does 

it involve approving a maintenance plan 

for the Philadelphia Area as required 

under section 175A of the CAA. This 

determination does not address other 

requirements for redesignation under 

the CAA, including that the attainment 

be due to permanent and enforceable 

emission reductions.3 The designation 

status of the Philadelphia Area will 

remain nonattainment for the 2006 24- 

hour 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 Philadelphia Area, or 

portion thereof. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. A delayed effective 

date is unnecessary due to the nature of 

a determination of attainment, which 

suspends the obligation to submit 

certain attainment-related CAA 

planning requirements that would 

otherwise apply. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the affected 

states of the obligation to submit certain 

attainment-related planning 

requirements for this PM2.5

nonattainment area. For these reasons, 

EPA finds good cause under 5 U.S.C. 

553(d) for this action to become 

effective on the date of publication of 

this notice. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action, which makes a 

determination of attainment for the 

Philadelphia Area based on air quality, 

results in the suspension of certain 

Federal requirements and does not 

impose any 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 


TKELLEY on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 885 

• 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 determination of 

attainment of the Philadelphia Area 

with respect to the 2006 24-hour PM2.5

NAAQS does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the determination 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 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, in 

which EPA has determined that the 

Philadelphia Area has attained the 2006 

24-hour PM2.5 NAAQS, 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: December 10, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

Dated: December 13, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

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 I—Delaware 

■ 2. Section 52.427 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.427 Control strategy: Particulate 

matter. 

* * * * * 

(b) Determination of Attainment. EPA 

has also determined, as of January 7, 

2013, that based on 2008 to 2010 and 

2009 to 2011 ambient air quality data, 

the Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the State of DE to 

submit, for the PhiladelphiaWilmington, PA-NJ-DE PM2.5

nonattainment area, 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 2006 24-hour PM2.5 NAAQS. 

Subpart FF—New Jersey 

■ 3. Section 52.1602 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1602 Control strategy and 

regulations: PM2.5. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of January 7, 2013, 

that based on 2008 to 2010 and 2009 to 

2011 ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the PhiladelphiaWilmington, PA-NJ-DE PM2.5

nonattainment 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 2006 24-hour 

PM2.5 NAAQS. 

Subpart NN—Pennsylvania 

■ 4. Section 52.2059 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(h) Determination of Attainment. EPA 

has determined, as of January 7, 2013, 

that based on 2008 to 2010 and 2009 to 

2011 ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the Commonwealth of 

Pennsylvania to submit, for the 

Philadelphia-Wilmington, PA-NJ-DE 

PM2.5 area, 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 2006 24-hour PM2.5 NAAQS. 

[FR Doc. 2012–31565 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0446; FRL– 9765–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Determination of Clean Data for the 

1987 PM10 Standard for the Ogden 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a 

determination that the Ogden City 

nonattainment area in Utah is currently 

attaining the 24-hour National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) based 

on certified, quality-assured ambient air 

monitoring data for the years 2009 

through 2011. The State of Utah 

submitted a letter dated March 30, 2000, 

requesting EPA to make a clean data 

determination for the nonattainment 


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