Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 15607 

Federal Register notice available at 

pe.usps.com. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy and Legislative Advice. 

[FR Doc. 2012–6086 Filed 3–15–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0380; A–1–FRL– 

9648–5 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Determination of 

Attainment of the One-Hour Ozone 

Standard for the Greater Connecticut 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is determining that 

the Greater Connecticut serious onehour ozone nonattainment area did not 

meet the applicable deadline of 

November 15, 2007, for attaining the 

one-hour National Ambient Air Quality 

Standard (NAAQS) for ozone. This 

determination is based upon complete, 

quality-assured, certified ambient air 

monitoring data that show the area had 

an expected ozone exceedance rate 

above the level of the now revoked onehour ozone NAAQS for the 2005–2007 

monitoring period. Separate from and 

independent of this determination, EPA 

is also determining that the Greater 

Connecticut serious one-hour ozone 

nonattainment area currently attains the 

now revoked one-hour NAAQS for 

ozone, based upon complete, qualityassured, certified ambient air 

monitoring data for 2008–2010. The area 

first attained the one-hour NAAQS 

during the 2006–2008 monitoring 

period, and continued in attainment 

during the 2007–2009, and 2008–2010 

monitoring periods. Quality assured and 

quality controlled, but not yet certified 

ozone data available for 2011 indicate 

that the area continues to attain the onehour NAAQS. These determinations are 

made under the Clean Air Act. 

DATES: Effective Date: This rule is 

effective on April 16, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2011–0711. 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, i.e., 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 Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA 02109–3912. 

EPA requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. What actions is EPA taking? 

II. What is the effect of these actions? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is taking two separate and 

independent actions for the Greater 

Connecticut one-hour ozone serious 

nonattainment area (hereafter, ‘‘the 

Greater Connecticut area’’). 

A. Determination of Failure To Attain 

by Applicable Attainment Date 

EPA is determining that the Greater 

Connecticut area did not attain the onehour ozone National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date, November 

15, 2007. This determination is based 

upon complete, quality-assured and 

certified air quality monitoring data for 

the 2005 through 2007 ozone seasons. 

B. Determination of Current Attainment 

In addition, EPA is determining that 

the Greater Connecticut area is currently 

attaining the one-hour ozone NAAQS 

based upon complete, quality-assured 

and certified ambient air monitoring 

data showing the area currently 

monitored attainment of the one-hour 

ozone NAAQS, and that it has done so 

continuously since the 2006–2008 

monitoring period. 

Other specific details related to these 

determinations and the rationale for 

EPA’s action are explained in the Notice 

of Proposed Rulemaking (NPR) 

published on November 23, 2011 (76 FR 

72377) and will not be restated here. No 

comments were received on the NPR. 

II. What is the effect of these actions? 

After revocation of the one-hour 

ozone standard, EPA must continue to 

provide a mechanism to give effect to 

the one-hour anti-backsliding 

requirements. See SCAQMD v. EPA, 47 

F.3d 882, at 903. In keeping with this 

responsibility, EPA has determined that 

Greater Connecticut failed to attain the 

one-hour ozone standard by its 

applicable attainment date. Consistent 

with 40 CFR 51.905(e)(2), and the South 

Coast decision, upon revocation of the 

one-hour ozone NAAQS for an area, 

EPA is no longer obligated to determine 

whether an area has attained the onehour NAAQS, except insofar as it relates 

to effectuating the anti-backsliding 

requirements that are specifically 

retained. EPA’s determination here is 

linked solely to required, one-hour antibacksliding, contingency measures. A 

final determination of failure to attain 

will not result in reclassification of the 

area under the revoked one-hour 

standard, nor is EPA identifying or 

determining any new one-hour 

reclassification for the area. EPA is no 

longer required to reclassify an area to 

a higher classification for the one-hour 

ozone NAAQS based upon a 

determination that the area failed to 

attain that NAAQS by its attainment 

date. See 40 CFR 51.905(e)(2)(i)(B). 

Moreover, EPA has previously approved 

the one-hour ozone attainment 

demonstration and Reasonable Further 

Progress (ROP) plans for this area, and 

in doing so noted that although there 

were no state implementation plan 

contingency measure reductions 

applicable to the Greater Connecticut 

area for failure to attain, there were 

federal measures the state had not 

accounted for in its attainment 

demonstration that provided more 

reductions than necessary to serve the 

purpose of contingency measures for 

this area. See 66 FR 634, January 3, 

2001. In addition, EPA has also 

determined that the Greater Connecticut 

area attained the one-hour ozone 

standard in 2008, and continues to 


srobinson on DSK4SPTVN1PROD with RULES
15608 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Rules and Regulations 

attain this standard. In this context, EPA 

has also determined that there are not 

any additional obligations, including 

those relating to one-hour ozone 

contingency measures, for the Greater 

Connecticut area under the one-hour 

ozone standard. 

III. Final Action 

EPA is determining that the Greater 

Connecticut one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of November 15, 2007, based on 

2005–2007 quality-assured ozone 

monitoring data. Separate from and 

independent of this determination, EPA 

is also determining that the Greater 

Connecticut one-hour ozone 

nonattainment area is currently 

attaining the one-hour ozone standard, 

based on the most recent three years 

(2008–2010) of complete, qualityassured ozone monitoring data at all 

monitoring sites in the area. EPA’s 

review of the data shows that the area 

began attaining the one-hour ozone 

standard in the 2006–2008 period, and 

has continued to attain this standard 

through the 2007–2009 and 2008–2010 

monitoring periods. Quality assured and 

quality controlled, but not yet certified, 

ozone data available for 2011 indicate 

that the area continues to attain the onehour NAAQS. 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, result in 

the suspension of certain Federal 

requirements, and would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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, these actions do not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 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. 

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 these actions 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). This rule is effective on April 16, 

2012. 

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 May 15, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 8, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (i) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(i) Determination of Attainment for 

the One-Hour Ozone Standard. Effective 

April 16, 2012, EPA is determining that 

the Greater Connecticut one-hour ozone 

nonattainment area did not meet its 

applicable one-hour ozone attainment 

date of November 15, 2007, based on 

2005–2007 complete, quality-assured 

ozone monitoring data. Separate from 

and independent of this determination, 

EPA is determining that the Greater 

Connecticut one-hour ozone 

nonattainment area met the one-hour 

ozone standard, based on 2008–2010 

complete, quality-assured ozone 

monitoring data at all monitoring sites 

in the area. EPA’s review of the ozone 

data shows that the area began attaining 

the one-hour ozone standard during the 

2006–2008 monitoring period, and has 

continued attaining the one-hour 

standard through the 2007–2009 and 

2008–2010 monitoring periods. 

[FR Doc. 2012–6424 Filed 3–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2011–0081; FRL–9648–9] 

RIN 2060–AR42 

Revisions to Final Response to 

Petition From New Jersey Regarding 

SO2 Emissions From the Portland 

Generating Station 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSK4SPTVN1PROD with RULES