11124 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

1The 2004 rulemaking action addressed most of 

the transportation conformity requirements that 

apply in PM2.5 nonattainment and maintenance 

areas. The 2005 conformity rule included 

provisions addressing treatment of PM2.5 precursors 

in MVEBs. See 40 CFR 93.102(b)(2). While none of 

these provisions were challenged in the NRDC case, 

EPA also notes that the court declined to address 

challenges to EPA’s presumptions regarding PM2.5

precursors in the PM2.5 implementation rule. NRDC 

v. EPA, slip op. at 18 n. 10. 

in NRDC v. EPA.1 In addition, the 

Philadelphia Area is currently attaining 

the 1997 PM2.5 NAAQS and EPA has 

approved Pennsylvania DEP’s 

attainment demonstration for the 

Philadelphia Area, and the revised 

MVEBs simply update the budget 

calculations using MOVES, as explained 

above. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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, 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, this proposed rule 

concerning Pennsylvania’s January 29, 

2013 request to update the applicable 

MVEBs of the Philadelphia Area does 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter. 

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

Dated: February 7, 2013. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–03594 Filed 2–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL–9781–3] 

EPA Responses to State and Tribal 

2010 Sulfur Dioxide Designation 

Recommendations: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability and public 

comment period. 

SUMMARY: Notice is hereby given that 

the EPA has posted its responses to 

certain state and tribal designation 

recommendations for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS) on its 

Internet Web site. The EPA invites the 

public to review and provide input on 

its responses during the comment 

period specified in the DATES section. 

The EPA sent its responses directly to 

the states and tribes on or about 

February 7, 2013. These responses focus 

on designating as ‘‘nonattainment’’ 

certain areas of the country where air 

monitoring data from 2009–2011 

indicate violations of the 2010 SO2

NAAQS. The EPA intends to make final 

the designation determinations for the 

areas of the country addressed by these 

responses in June 2013. 

DATES: Comments must be received on 

or before March 18, 2013. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0233, 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– 

2012–0233. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0233. 

• Mail: Air Docket, Attention Docket 

ID No. EPA–HQ–OAR–2012–0233, 

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–2012– 

0233. 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 (CBI) 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 


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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 11125 

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 input. 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 Section II of 

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., 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 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 Rhonda Wright, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Air Quality Planning 

Division, C539–04, Research Triangle 

Park, NC 27711, telephone (919) 541– 

1087, email at wright.rhonda@epa.gov. 

For questions regarding areas in EPA 

Region 1, please contact Donald Dahl, 

U.S. EPA, telephone (617) 918–1657, 

email at dahl.donald@epa.gov. For 

questions regarding areas in EPA Region 

2, please contact Kenneth Fradkin, U.S. 

EPA, telephone (212) 637–3702, email at 

fradkin.kenneth@epa.gov. For questions 

regarding areas in EPA Region 3, please 

contact Irene Shandruk, U.S. EPA, 

telephone (215) 814–2166, email at 

shandruk.irene@epa.gov. For questions 

regarding areas in EPA Region 4, please 

contact Lynorae Benjamin, U.S. EPA, 

telephone (404) 562–9040, email at 

benjamin.lynorae@epa.gov. For 

questions regarding areas in EPA Region 

5, please contact John Summerhays, 

U.S. EPA, telephone (312) 886–6067, 

email at summerhays.john@epa.gov. For 

questions regarding areas in EPA Region 

6, please contact Dayana Medina, U.S. 

EPA, telephone (214) 665–7241, email at 

medina.dayana@epa.gov. For questions 

regarding areas in EPA Region 7, please 

contact Larry Gonzalez, U.S. EPA, 

telephone (913) 551–7041, email at 

gonzalez.larry@epa.gov. For questions 

regarding areas in EPA Region 8, please 

contact Crystal Ostigaard, U.S. EPA, 

telephone (303) 312–6602, email at 

ostigaard.crystal@epa.gov. For questions 

regarding areas in EPA Region 9, please 

contact John Kelly, U.S. EPA, telephone 

(415) 947–4151, email at 

kelly.johnj@epa.gov. For questions 

regarding areas in EPA Region 10, 

please contact Steve Body, U.S. EPA, 

telephone (206) 553–0782, email at 

body.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

On June 2, 2010, the EPA 

Administrator signed a notice of final 

rulemaking that revised the primary SO2

NAAQS (75 FR 35520, published on 

June 22, 2010) after review of the 

existing two primary SO2 standards 

promulgated on April 30, 1971 (36 FR 

8187). The EPA established the revised 

primary SO2 NAAQS at 75 parts per 

billion (ppb) which is attained when the 

3-year average of the annual 99th 

percentile of 1-hour daily maximum 

concentrations does not exceed 75 ppb. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in the 

Clean Air Act (CAA) section 107(d) (42 

U.S.C. 7407). After promulgation of a 

new or revised NAAQS, each governor 

or tribal leader has an opportunity to 

recommend air quality designations, 

including the appropriate boundaries 

for nonattainment areas, to the EPA. The 

EPA considers these recommendations 

as part of its duty to promulgate the 

formal area designations and boundaries 

for the new or revised NAAQS. By no 

later than 120 days prior to 

promulgating designations, the EPA is 

required to notify states and tribes of 

any intended modifications to an area 

designation or boundary 

recommendation that the EPA deems 

necessary. 

On or around February 7, 2013, the 

EPA notified states and tribes of its 

intended designation of certain specific 

areas as nonattainment for the 2010 SO2

NAAQS. States and tribes now have an 

opportunity to demonstrate why they 

believe an intended modification by the 

EPA regarding those specified areas may 

be inappropriate. The EPA encouraged 

states and tribes to provide comments 

and additional information for 

consideration by the EPA in finalizing 

designations for these specified areas. 

The EPA plans to make final 

designation decisions for these areas for 

the 2010 SO2 NAAQS in June 2013. 

The purpose of this notice is to solicit 

input from interested parties other than 

states and tribes on the EPA’s recent 

responses regarding these areas to the 

state and tribal designation 

recommendations for the 2010 SO2

NAAQS. These responses, and their 

supporting technical analyses, can be 

found on the EPA’s Internet Web site at 

http://www.epa.gov/so2designations 

and also in the public docket for SO2

designations at Docket ID No. EPA–HQ– 

OAR–2012–0233. CAA section 107(d) 

provides a process for air quality 

designations that involves 

recommendations by states and tribes to 

the EPA and responses from the EPA to 

those parties, prior to the EPA 

promulgating final area designations 

and boundaries. The EPA is not 

required under CAA section 107(d) to 

seek public comment during the 

designation process, but is electing to do 

so for these areas under the 2010 SO2

NAAQS in order to gather additional 

information for the EPA to consider 

before making final designations for the 

specific areas addressed in the EPA’s 

recent responses to states and tribes. 

The EPA invites public input on its 

responses to states and tribes regarding 

these areas during the 30-day comment 

period provided in this notice. In order 

to receive full consideration, input from 

the public must be submitted by March 

18, 2013. At this time, the EPA is not 

asking for public comments on other 

areas for which states and tribes have 

submitted designation 

recommendations, beyond those to 

which the EPA has provided the 

responses that are the subject of this 

proposed action. This notice and 

opportunity for public comment does 

not affect any rights or obligations of 

any state, tribe or the EPA which might 

otherwise exist pursuant to CAA section 

107(d). 

Please refer to the ADDRESSES section 

above in this document for specific 

instructions on submitting comments 

and locating relevant public documents. 

In establishing nonattainment area 

boundaries, the EPA is required to 

identify the area that does not meet the 

2010 SO2 NAAQS and any nearby area 

that is contributing to the area that does 

not meet that standard. We are 

particularly interested in receiving 

comments, supported by relevant 


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11126 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

information, if you believe that a 

specific geographic area that the EPA is 

proposing to identify as a nonattainment 

area should not be categorized by the 

CAA section 107(d) criteria as 

nonattainment, or if you believe that a 

specific nearby area not proposed by the 

EPA to be identified as contributing to 

a nonattainment area should in fact be 

categorized as contributing to 

nonattainment using the CAA section 

107(d) criteria. Please be as specific as 

possible in supporting your views. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to provide your input by 

the comment period deadline identified. 

At this point, the EPA is prepared to 

proceed with identifying as 

‘‘nonattainment’’ most areas in locations 

where available monitoring data from 

2009–2011 indicate violations of the 1- 

hour SO2 standard. The EPA intends to 

complete designations for these 

nonattainment areas in June 2013. The 

EPA is not yet prepared to respond to 

state and tribal area designation 

recommendations, or seek public input 

thereon, for other areas, and intends to 

address those areas in a subsequent 

round or multiple rounds of responses 

and designations. Additional 

information on the EPA’s intended 

approach for addressing designations for 

all areas can be found on the EPA’s SO2

implementation Web site at http:// 

www.epa.gov//airquality/sulfurdioxide/ 

implementation.html. Please be advised 

that, in this action, the EPA is not 

proposing as a regulatory action and is 

not soliciting public comments on the 

intended approach for these other areas, 

regarding either designations or 

implementation. The EPA expects its 

final designations regarding the specific 

areas addressed in this action to be 

limited to those areas and any areas that 

are found to be contributing to ambient 

air quality in those areas. 

To date, the EPA has identified 30 

areas as not meeting the 2010 SO2

NAAQS based on the most recent 

certified air quality monitoring data 

from 2009–2011, and is intending to 

designate most of these areas as 

nonattainment. 

II. Instructions for Submitting Public 

Comments and Internet Web Site for 

Rulemaking Information 

A. What should I consider as I prepare 

my comments for the EPA? 

1. Submitting CBI. Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI in a 

disk or CD ROM that you mail to the 

EPA, mark the outside of the disk or CD 

ROM as CBI and then identify 

electronically within the disk or CD 

ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Roberto Morales, 

U.S. EPA, Office of Air Quality Planning 

and Standards, Mail Code C404–02, 

Research Triangle Park, NC 27711, 

telephone (919) 541–0880, email at 

morales.roberto@epa.gov, Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0233. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

B. Where can I find additional 

information for this rulemaking? 

The EPA has also established a Web 

site for this rulemaking at http:// 

www.epa.gov/so2designations. The Web 

site includes the EPA’s state and tribal 

designation recommendations, 

information supporting the EPA’s 

preliminary designation decisions, as 

well as the rulemaking actions and other 

related information that the public may 

find useful. 

Dated: February 7, 2013. 

Jennifer Noonan Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2013–03593 Filed 2–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0023; FRL–9378–4] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before March 18, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave., 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and email address, is listed at the end 

of each pesticide petition summary. You 

may also reach each contact person by 

mail at Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS