Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45967 

demonstration pursuant to section 

189(a)(1)(B); the reasonably available 

control measure (RACM) provisions of 

section 189(a)(1)(C); the reasonable 

further progress (RFP) provisions of 

section 189(c); and, the attainment 

demonstration, RACM, RFP and 

contingency measure provisions of part 

D, subpart 1 contained in section 172. 

Lastly, EPA finds that our obligation 

to promulgate a FIP addressing the Paul 

Spur/Douglas NA attainment-related 

requirements is suspended for as long as 

the underlying State obligation is 

suspended. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3) because Arizona has 

not submitted a maintenance plan and 

EPA has not approved such a plan for 

the Paul Spur/Douglas NA as meeting 

the requirements of section 175A of the 

CAA, nor has EPA determined that 

Arizona has met the other CAA 

requirements for redesignation. The 

classification and designation status in 

40 CFR part 81 remains moderate 

nonattainment for the Paul Spur/ 

Douglas NA until such time as EPA 

determines that Arizona has met the 

CAA requirements for redesignating the 

Paul Spur/Douglas NA 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 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 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 October 1, 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 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: July 20, 2012. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2012–18666 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044, FRL 9710–1] 

RIN 2060–AR62 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units: Notice of Partial Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial stay of effectiveness of 

final rule. 

SUMMARY: This action stays the 

effectiveness of national new source 

emission standards for hazardous air 

pollutants from coal- and oil-fired 

electric utility steam generating units 

issued pursuant to Clean Air Act section 

112 that were published in the Federal 

Register on February 16, 2012 (77 FR 

9304). 

DATES: The effective date of 40 CFR 

63.9984(a), 63.10005(g), 63.10030(c), 

Table 1 to subpart UUUUU of 40 CFR 

part 63, and row 2 of Table 3 to subpart 

UUUUU of 40 CFR part 63, published in 

the Federal Register on February 16, 

2012 (77 FR 9304), is stayed until 

November 2, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Maxwell, Energy Strategies 

Group, Sector Policies and Programs 

Division, (D243–01), Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; Telephone number: (919) 541– 

5430; Fax number (919) 541–5450; 

Email address: maxwell.bill@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 16, 2012, the EPA issued 

the National Emission Standards for 

Hazardous Air Pollutants from CoalVerDate Mar<15>2010 16:21 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\02AUR1.SGM 02AUR1

sroberts on DSK5SPTVN1PROD with RULES
45968 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

and Oil-fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units, generally referred to 

as the mercury and air toxics standards 

(MATS Rule), which established 

emissions standards for new and 

existing coal- and oil-fired electric 

utility steam generating units. The EPA 

received petitions, pursuant to section 

307(d)(7)(B) of the Clean Air Act, from 

a number of interested parties 

requesting reconsideration of certain 

issues in the rule. On July 20, 2012, the 

EPA issued a letter, stating its intent to 

grant the petitions for reconsideration 

on certain new source issues related to 

the emission standards issued under 

Clean Air Act section 112, including 

measurement issues related to mercury 

and the data set to which the variability 

calculation was applied when 

establishing the new source standards 

for particulate matter and hydrochloric 

acid. 

The Clean Air Act authorizes the EPA 

to stay the effectiveness of a rule if the 

Administrator has convened a 

proceeding to reconsider the rule. Under 

section 307(d)(7)(B) of the Act, ‘‘The 

effectiveness of the rule may be stayed 

during * * * reconsideration * * * by 

the Administrator or the court for a 

period not to exceed three months.’’ 42 

U.S.C.7607(d)(7)(B). In its letter granting 

the petitions for reconsideration on 

certain issues relating to the Clean Air 

Act section 112 new source standards, 

the EPA stated that it intended to 

exercise its authority under section 

307(d) to stay the effectiveness of those 

new source standards for 3 months. 

II. Issuance of a Partial Stay Relating to 

Clean Air Act Section 112(d) New 

Source Standards 

Pursuant to section 307(d)(7)(B) of the 

Clean Air Act, the EPA hereby stays the 

effectiveness of 40 CFR 63.9984(a), 

63.10005(g), 63.10030(c), Table 1 in 

subpart UUUUU of 40 CFR part 63, and 

row 2 of Table 3 in subpart UUUUU of 

40 CFR part 63 for 3 months. Thus, by 

this action, we are staying the 

effectiveness of these provisions of the 

rule, published in the Federal Register 

on February 16, 2012 (77 FR 9304). 

Accordingly, this action also stays the 

effectiveness of any monitoring, 

recordkeeping, and reporting 

requirements related to the section 

112(d) new source standards. This stay 

does not apply to any other provisions 

of the rule. 

This stay of effectiveness will remain 

in place until November 2, 2012. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 27, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–18871 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1999–0010; FRL 9704–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Eastland Woolen Mill 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 1 is publishing a 

direct final Notice of Partial Deletion for 

portions of the Eastland Woolen Mill 

Superfund Site (Site), located in 

Corinna, Maine, from the National 

Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final partial deletion is being published 

by EPA with the concurrence of the 

State of Maine, through the Maine 

Department of Environmental 

Protection, because EPA has determined 

that all appropriate response actions at 

these identified parcels under CERCLA, 

other than five-year reviews, have been 

completed. However, this partial 

deletion does not preclude future 

actions under Superfund. 

This partial deletion pertains to all 

Site media (soil and groundwater) of the 

properties proposed for deletion. 

DATES: This direct final partial deletion 

is effective October 1, 2012 unless EPA 

receives adverse comments by 

September 4, 2012. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1999–0010, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: hathaway.ed@epa.gov. 

• Fax: 1–617–918–0372. 

• Mail: Edward Hathaway, U.S. EPA 

Remedial Project Manager, 5 Post Office 

Square (OSRR07–1), Boston, MA 02109– 

3912. 

• Hand delivery: Edward Hathaway, 

U.S. EPA Remedial Project Manager, 5 

Post Office Square (OSRR07–1), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1999– 

0010. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI, or otherwise 

protected, through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statue. Certain other 


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