Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules 8209 

TABLE 1—CLASSIFICATION FOR 2008 8-HOUR OZONE NAAQS (0.075 PPM) FOR AREAS SUBJECT TO SECTION

51.1102(A)—Continued 

Area class 8-Hour design value 

(ppm ozone) 

Primary standard attainment date 

(years after designation for 2008 primary 

NAAQS) ** 

up to * ............................................................... 0.086 

Moderate ........................................................... from .................................................................. 0.086 6 

up to * ............................................................... 0.100 

Serious .............................................................. from .................................................................. 0.100 9 

up to * ............................................................... 0.113 

Severe-15 ......................................................... from .................................................................. 0.113 15 

up to * ............................................................... 0.119 

Severe-17 ......................................................... from .................................................................. 0.119 17 

up to * ............................................................... 0.175 

Extreme ............................................................. equal to or above ............................................. 0.175 20 

* But not including. 

** The attainment date is [Option 1: The date that is the specified number of years after the effective date of designations for the primary 

NAAQS. Option 2: December 31 of the calendar year]. 

(b) A state may request, and the 

Administrator must approve, a higher 

classification for any reason in 

accordance with CAA section 181(b)(3). 

(c) A state may request, and the 

Administrator may in the 

Administrator’s discretion approve, a 

higher or lower classification in 

accordance with CAA section 181(a)(4). 

(d) Any area designated 

nonattainment that includes in whole or 

in part the following areas will be 

classified by operation of law for the 

2008 ozone NAAQS in accordance with 

the voluntary classification request 

submitted and approved for each area 

for the 1997 ozone NAAQS: (For 

reference: Ventura Co, CA; Los AngelesSouth Coast, CA; San Joaquin Valley, 

CA; Riverside County, CA; and 

Sacramento Metro, CA.) 

[FR Doc. 2012–3284 Filed 2–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2010–0873; FRL–9630–8] 

RIN 2060–AH23 

Quality Assurance Requirements for 

Continuous Opacity Monitoring 

Systems at Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

establish quality assurance and quality 

control (QA/QC) procedures for 

continuous opacity monitoring systems 

(COMS) used to demonstrate continuous 

compliance with opacity standards as 

specified in federally enforceable 

regulations. This action is necessary 

because we do not currently have QA/ 

QC procedures for COMS. This action 

would require COMS used to 

demonstrate continuous compliance to 

meet these procedures (referred to as 

Procedure 3). 

DATES: Written comments must be 

received by March 15, 2012. If the EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0873 by mail to U.S. 

Environmental Protection Agency, Mail 

Code: 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of two copies. Comments 

may also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (Mail 

Code: E143–02), Research Triangle Park, 

NC 27711; telephone number: (919) 

541–2910; fax number: (919) 541–0516; 

email address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA issuing this proposed 

rule? 

This document proposes to add QA/ 

QC procedures for COMS used to 

demonstrate continuous compliance 

with opacity standards as specified in 

federally enforceable regulations. The 

quality assurance requirements will be 

added as Procedure 3 to Appendix F of 

40 CFR part 60. We have published a 

direct final rule adding QA/QC 

procedures for COMS used for 

compliance determination with opacity 

standards in federally enforceable 

standards to the quality assurance 

requirements in Appendix F of 40 CFR 

Part 60 in the ‘‘Rules and Regulations’’ 

section of this Federal Register because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. We have explained our 

reasons for this action in the preamble 

to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule, and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

II. Does this action apply to me? 

Procedure 3 applies to a COMS used 

to demonstrate continuous compliance 

with opacity standards as specified in 

federally enforceable regulations. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

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8210 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). These 

quality assurance procedures do not add 

information collection requirements 

beyond those currently required under 

the applicable regulations. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of accessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This proposed rule will not impose any 

requirements on small entities. This 

action establishes QA/QC procedures 

for COMS used to demonstrate 

continuous compliance with opacity 

standards as specified in federally 

enforceable regulations and does not 

impose additional regulatory 

requirements on sources. We continue 

to be interested in the potential impacts 

of the proposed rule on small entities 

and welcome comments on issues 

related to such impacts. 

D. Unfunded Mandates Reform Act 

This rule does not contain a federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Rules establishing quality assurance 

requirements impose no costs 

independent from national emission 

standards which require their use, and 

such costs are fully reflected in the 

regulatory impact assessment for those 

emission standards. Thus, this rule is 

not subject to the requirements of 

sections 202 or 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action simply establishes QA/QC 

procedures for COMS used to 

demonstrate continuous compliance 

with opacity standards as specified in 

federally enforceable regulations. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action 

establishes QA/QC procedures for 

COMS used to demonstrate continuous 

compliance with opacity standards as 

specified in federally enforceable 

regulations. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action establishes QA/QC 

procedures for COMS used to 

demonstrate continuous compliance 

with opacity standards as specified in 

federally enforceable regulations. It does 

not add any emission limits and does 

not affect pollutant emissions or air 

quality. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

the EPA is not considering the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rule does not 

relax the control measures on sources 

regulated by the rule and, therefore, will 

not cause emissions increases from 

these sources. 

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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules 8211 

Quality Assurance Requirements for 

Continuous Opacity Monitoring 

Systems at Stationary Sources 

List of Subjects in 40 CFR Part 60 

Air pollution control, Environmental 

protection, Continuous opacity 

monitoring. 

Dated: February 6, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–3378 Filed 2–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2008–0476; FRL–9630–9] 

EPA’s Revised Responses to 

Designation Recommendations From 

Illinois, Indiana, and Wisconsin for the 

2008 Ozone Standards: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and 

reopening of public comment period. 

SUMMARY: The EPA is reopening the 

public comment period on the EPA’s 

responses to state and tribal designation 

recommendations for the 2008 Ozone 

National Ambient Air Quality Standards 

for the limited purpose of inviting 

comment on the EPA’s revised 

responses to the ozone designation 

recommendations from the states of 

Illinois, Indiana and Wisconsin. The 

EPA sent the revised responses to these 

states on January 31, 2012. The revised 

responses are available in the docket 

and on the EPA’s ozone designations 

Web site identified below. 

DATES: Comments must be received on 

or before March 15, 2012. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–OAR– 

HQ–2008–0476, by one of the following 

methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

Attention Docket ID No. EPA–HQ–OAR– 

2008–0476. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0476. 

• Mail: Air Docket, Attention Docket 

ID No. EPA–HQ–OAR–2008–0476, 

Environmental Protection Agency, Mail 

Code: 6102T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue NW., Room 

3334, Washington, DC. 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–OAR–2008– 

0476. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be confidential business 

information or otherwise protected 

through www.regulations.gov or email. 

The www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the EPA without 

going through 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, the 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 the EPA is unable to read 

your comment and cannot contact you 

for clarification due to technical 

difficulties, the 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. For 

additional information about the EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., confidential business 

information 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 in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Carla Oldham, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Air Quality Planning 

Division, C539–04, Research Triangle 

Park, NC 27711, telephone (919) 541– 

3347, email at oldham.carla@epa.gov. 

For questions about areas in the EPA 

Region 5, please contact Edward Doty, 

U.S. EPA, telephone (312) 886–6057, 

email at doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 9, 2011, the EPA 

responded by letter to all states and 

tribes regarding their designation 

recommendations for the 2008 ozone 

standards and posted the responses on 

the EPA’s Internet Web site at http:// 

www.epa.gov/ozonedesignations. The 

EPA provided a public comment period 

on those responses which ended on 

February 3, 2012. On January 31, 2012, 

the EPA sent revised responses to 

Illinois, Indiana, and Wisconsin after 

considering quality-assured air quality 

monitoring data for 2011 submitted by 

Illinois on December 7, 2011. Because 

that air quality information was 

submitted shortly before the EPA issued 

its December 9, 2011, responses, the 

EPA did not have time to consider the 

information in those initial responses. 

The EPA has posted the revised 

responses to Illinois, Indiana, and 

Wisconsin on the EPA’s ozone 

designations Web site and is reopening 

the public comment period for the 

limited purpose of inviting public 

comments on the revised responses to 

Illinois, Indiana, and Wisconsin during 

the comment period specified in the 

DATES section. The EPA intends to make 

final designation determinations for the 

2008 ozone standards in spring 2012. 

II. General Information 

A. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting Confidential Business 

Information. Do not submit this 

information to the EPA through 

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