Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 11741 

of such rule or action. This 

determination that the Washington Area 

has attained the 1997 8-hour ozone 

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, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: February 6, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 J—District of Columbia 

■ 2. In § 52.475, the existing paragraph 

is designated as (a), and paragraph (b) is 

added to read as follows: 

§ 52.475 Determinations of attainment. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA moderate nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

■ 3. Section 52.476 is amended by 

adding new paragraph (g) to read as 

follows: 

§ 52.476 Control strategy: ozone. 

* * * * * 

(g) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 8-hour ozone NAAQS. 

Subpart V—Maryland 

■ 4. Section 52.1076 is amended by 

adding new paragraph (w) to read as 

follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: ozone. 

* * * * * 

(w) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 8-hour ozone NAAQS. 

■ 5. Section 52.1082 is amended by 

adding new paragraph (c) to read as 

follows: 

§ 52.1082 Determinations of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA moderate nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

Subpart VV—Virginia 

■ 6. Section 52.2428 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2428 Control strategy: Carbon 

monoxide and ozone. 

* * * * * 

(h) Determination of attainment. EPA 

has determined, as of February 28, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Washington, DC-MD-VA moderate 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). This 

determination, in accordance with 40 

CFR 51.918, 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 8-hour ozone NAAQS. 

■ 7. In § 52.2430, the existing paragraph 

is designated as (a), and paragraph (b) is 

added to read as follows: 

§ 52.2430 Determinations of attainment. 

* * * * * 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, Washington, DC-MD-VA 

moderate nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 181(b)(2)(A) to determine, based 

on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Washington, DCMD-VA moderate nonattainment area 

will not be reclassified for failure to 

attain by its applicable attainment date 

pursuant to section 181(b)(2)(A). 

[FR Doc. 2012–4473 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2004–OH–0004; FRL– 

9635–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

New Source Review Rules—Notice of 

Action Denying Petition for 

Reconsideration and Request for 

Administrative Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; action denying 

petition for reconsideration and request 

for administrative stay. 

SUMMARY: EPA is providing notice that 

it has responded to a petition for 

reconsideration and a request for an 

administrative stay of certain provisions 

of the final rule titled, ‘‘Approval and 

Promulgation of Air Quality 

Implementation Plans; Ohio; New 

Source Review Rules’’ published 

February 25, 2010. The Ohio EPA 


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11742 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 

sought approval to implement the New 

Source Review (NSR) Reform provisions 

that were not vacated by the United 

States Court of Appeals for the District 

of Columbia (DC Circuit) in New York 

v. EPA. The final rule approved certain 

revisions to Ohio’s NSR program, which 

Ohio submitted to EPA for review on 

September 14, 2004, under the Clean 

Air Act (CAA). Subsequently EPA 

received a petition dated April 26, 2010, 

for reconsideration from the Natural 

Resources Defense Council (NRDC). The 

petition also requested that EPA stay 

implementation of certain provisions of 

the final rule pending its 

reconsideration. EPA considered the 

petition for reconsideration and request 

for an administrative stay, along with 

information contained in the 

rulemaking docket, in reaching a 

decision on both the petition and 

request for a stay. EPA Administrator, 

Lisa P. Jackson, denied both the petition 

for reconsideration and request for stay 

in a letter to the petitioner dated January 

24, 2012. The letter explains the basis 

for the denial and is available as set 

forth below. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Morgan, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6058, 

morgan.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

This action, the petition for 

reconsideration, and the letter denying 

the petition for reconsideration and 

request for an administrative stay during 

the reconsideration are available in the 

docket that has been established for this 

action under Docket ID No. EPA–R05– 

OAR–2004–OH–0004. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Publicly 

available docket materials are available 

in hard copy at: 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 contact Andrea Morgan, 

Environmental Engineer, at (312) 353– 

6058 before visiting the Region 5 office. 

In addition to being available in the 

docket, an electronic copy of each of 

these documents will be available on 

the World Wide Web. Following 

publication, a copy of this action will be 

posted on EPA’s NSR Web site, under 

Regulations & Standards, at http:// 

www.epa.gov/nsr. 

II. Judicial Review 

Under CAA section 307(b), judicial 

review of this final action is available 

only by filing a petition for review in 

the U.S. Court of Appeals for the District 

of Columbia Circuit on or before April 

30, 2012. 

Dated: February 13, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–4474 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2011–0687, 

FRL–9635–4] 

Approval and Promulgation of 

Implementation Plans; New York; 

Motor Vehicle Enhanced Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a proposed 

State Implementation Plan revision 

submitted by the New York State 

Department of Environmental 

Conservation. This revision consists of 

changes to New York’s motor vehicle 

enhanced inspection and maintenance 

program that would eliminate the 

transient emission short test program as 

it relates to the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area. EPA is 

approving this State Implementation 

Plan revision because it meets all 

applicable requirements of the Clean Air 

Act and EPA’s regulations and because 

the revision will not interfere with 

attainment or maintenance of the 

national ambient air quality standards 

in the affected area. The intended effect 

of this action is to maintain consistency 

between the State-adopted rules and the 

federally approved SIP. 

DATES: Effective Date: This rule will be 

effective March 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0687. All 

documents in the docket 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, 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 at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 

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

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. What was included in New York’s 

proposed SIP submittal? 

III. What comments Did EPA receive in 

response to its proposal? 

IV. Summary of Conclusions 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

The EPA is approving a revision to 

the New York State Implementation 

Plan (SIP) pertaining to New York’s 

motor vehicle enhanced inspection and 

maintenance (I/M) program that 

proposes to end tailpipe testing on 

December 31, 2010. This proposed SIP 

revision also outlines several changes to 

New York’s enhanced I/M programs 

currently operating within the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

nonattainment area (referred to as 

NYMA). New York proposes to reduce 

the percentage of emissions waivers 

allowed within that area to 2% (from 

3%). New York indicates that the 

decentralized program, which features 

on-board diagnostics inspections, is as 

effective as a centralized test-only 

program for modeling purposes. 

II. What was included in New York’s 

proposed SIP submittal? 

After completing the appropriate 

public notice and comment procedures, 

on July 10, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

EPA a proposed SIP revision that 

includes changes to the New York State 

enhanced I/M program. The changes 

include a proposal to end tailpipe 

testing through the New York Transient 

Emissions Short Test (NYTEST) I/M 

program on December 31, 2010. The 


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