1760 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

1The San Francisco Bay Area PM2.5

nonattainment area includes southern Sonoma, 

Napa, Marin, Contra Costa, San Francisco, 

Alameda, San Mateo, Santa Clara and the western 

part of Solano counties. 

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. 

a petition to review the minor 

modifications of the permits ended on 

October 29, 2012. Pursuant to section 

307(b)(1) of the Clean Air Act, 42 U.S.C. 

7607(b)(1), judicial review of these final 

permit decisions, to the extent it is 

available, may be sought by filing a 

petition for review in the United States 

Court of Appeals for the Ninth Circuit 

within 60 days of January 9, 2013. 

On April 12, 2012, EPA issued a final 

decision on the permits which authorize 

air emissions from Shell’s operation of 

the Kulluk in the Beaufort Sea to 

conduct exploratory drilling. Shell 

submitted an application to EPA Region 

10 requesting minor modifications of 

the permits on July 5, 2012. EPA Region 

10 reviewed and issued the requested 

minor modifications of the permits on 

September 28, 2012. 

All conditions of the Kulluk permit, 

issued by EPA on September 28, 2012, 

are final and effective. 

Dated: November 6, 2012. 

Kate Kelly, 

Director, Office of Air, Waste & Toxics, Region 

10. 

[FR Doc. 2012–31649 Filed 1–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0782; FRL–9766–7] 

Determination of Attainment for the 

San Francisco Bay Area 

Nonattainment Area for the 2006 Fine 

Particle Standard; California; 

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 San Francisco Bay 

Area nonattainment area in California 

has attained the 2006 24-hour fine 

particle (PM2.5) National Ambient Air 

Quality Standard (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 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 

8, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0782 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. 

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 29, 2012 (77 FR 65521), 

EPA proposed to determine that the San 

Francisco Bay Area nonattainment area1

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 State 

and Local Air Monitoring Stations 

(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 San Francisco Bay 

Area based upon a review of the 

monitoring network operated by the Bay 

Area Air Quality Management District 

(BAAQMD) and the data collected at the 

10 monitoring sites 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 

San Francisco Bay Area showed that the 

24-hour design value for the 2009–2011 

period was equal to or less than 35 

m/m3 at all of the monitor sites. See the 

data summary table on page 65523 of 

the October 29, 2012 proposed rule. We 

also noted that preliminary data 

available in AQS for 2012 indicates that 

the San Francisco Bay 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 65524– 

65525 of our October 29, 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 29, 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, BAAQMD’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 San Francisco Bay Area 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1761 

nonattainment area in California 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 San Francisco Bay Area 

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 San 

Francisco Bay Area 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 San Francisco 

Bay Area 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 

California has met the CAA 

requirements for redesignating the San 

Francisco Bay Area nonattainment area 

to attainment. 

If the San Francisco Bay Area 

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 

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 11, 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 F—California 

■ 2. Section 52.247 is added to read as 

follows: 

§ 52.247 Control Strategy and regulations: 

Fine Particle Matter. 

(a) Determination of Attainment: 

Effective February 8, 2013, EPA has 

determined that, based on 2009 to 2011 

ambient air quality data, the San 

Francisco Bay Area PM2.5

nonattainment area has attained the 

2006 24-hour PM2.5 NAAQS. This 

determination suspends the 

requirements for this area to submit an 


srobinson on DSK4SPTVN1PROD with 
1762 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

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. 2013–00170 Filed 1–8–13; 8:45 am] 

BILLING CODE 6560–50–P 


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