Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 2941 

Dated: January 3, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–1116 Filed 1–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0818; FRL–9619–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Harrisburg-LebanonCarlisle-York, Allentown, Johnstown, 

and Lancaster nonattainment areas 

(hereafter referred to as ‘‘Areas’’) for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS) have clean data for 

the 2006 24-hour PM2.5 NAAQS. These 

proposed determinations are based 

upon quality-assured, qualitycontrolled, and certified ambient air 

monitoring data showing that these 

areas have monitored attainment of the 

2006 PM2.5 NAAQS based on the 2008– 

2010 data available in EPA’s Air Quality 

System (AQS) database. If these 

proposed determinations are made final, 

the requirements for these Areas to 

submit an attainment demonstration, 

associated reasonably available control 

measures (RACM), a reasonable further 

progress plan (RFP), contingency 

measures, and other planning State 

Implementation Plans (SIPs) related to 

attainment of the standard shall be 

suspended for so long as these Areas 

continue to meet the 2006 24-hour PM2.5

NAAQS. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before February 21, 2012. 

ADDRESSES: Submit your comments 

regarding the two-state HarrisburgLebanon-Carlisle-York, Allentown, 

Johnstown, and Lancaster area, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0818 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0818, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2011– 

0818. 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 CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 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, 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 EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

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. 

Docket: All documents in the 

electronic 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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@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 action is EPA taking? 

II. What is the effect of this action? 

III. What is the background for this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. What is EPA’s proposed action? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

these Areas have clean data for the 2006 

24-hour PM2.5 NAAQS. These 

determinations are based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

showing that these Areas have 

monitored attainment of the 2006 PM2.5

NAAQS based on 2008–2010 

monitoring data. 

II. What is the effect of this action? 

If these determinations are made final, 

under the provisions of EPA’s PM2.5

implementation rule (40 CFR 

51.1004(c)), the requirements for these 

Areas to submit an attainment 

demonstration, associated RACM, RFP 

plan, contingency measures, and any 

other planning SIP requirements related 

to attainment of the 2006 24-hour PM2.5

NAAQS would be suspended for so long 

as these Areas continue to meet this 

NAAQS. Furthermore, as described 

below, a final clean data determination 

would not be equivalent to a 

redesignation of any of these Areas to 

attainment for the 2006 24-hour PM2.5

NAAQS. 

If EPA subsequently determines that 

these Areas are in violation of the 2006 

24-hour PM2.5 NAAQS, the basis for the 

suspension of the specific requirements, 

set forth at 40 CFR 51.1004(c), would no 

longer exist and these Areas would 

thereafter have to address the pertinent 

requirements. 

These proposed clean data 

determinations that the air quality data 

shows attainment of the 2006 24-hour 

PM2.5 NAAQS is not equivalent to the 

redesignation of these Areas to 

attainment. This proposed action, if 

finalized, will not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA because we 

would not yet have an approved 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
2942 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 

maintenance plan for these Areas as 

required under section 175A of the 

CAA, nor determinations that these 

Areas have met the other requirements 

for redesignation. The designation status 

of these Areas would remain 

nonattainment for the 2006 PM2.5

NAAQS until such time as EPA 

determines that these Areas meet the 

CAA requirements for redesignation to 

attainment. 

III. What is the background for this 

action? 

The 2006 PM2.5 NAAQS set forth at 40 

CFR 50.13 became effective on 

December 18, 2006 (71 FR 61144) and 

promulgated a 24-hour standard of 35 

micrograms per cubic meter (mg/m3) 

based on a 3-year average of the 98th 

percentile of 24-hour concentration. On 

December 14, 2009 (74 FR 58688), EPA 

made designation determinations, as 

required by CAA section 107(d)(1), for 

the 2006 24-hour PM2.5 NAAQS. The 

Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

areas are designated as nonattainment 

for the 2006 24-hour PM2.5 NAAQS. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the ambient air 

monitoring data, consistent with the 

requirements contained in 40 CFR part 

50 and recorded in EPA’s AQS database 

for the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and 

Lancaster PM2.5 nonattainment areas 

from 2008 through the present time. On 

the basis of that review, EPA has 

concluded that these Areas meet the 

2006 24-hour PM2.5 NAAQS based on 

the 2008–2010 data available in EPA’s 

AQS database. 

Under EPA regulations in 40 CFR part 

50, section 50.13 and in accordance 

with appendix N, the 24-hour primary 

and secondary PM2.5 standards are met 

when the 98th percentile 24-hour 

concentration is less than or equal to 35 

mg/m3. Table 1 shows the design values 

for the 2006 24-hour PM2.5 NAAQS for 

the years 2008–2010. One new monitor 

(ID# 420950027) was placed in 2010 in 

the Allentown nonattainment area 

because the 2006–2008 data for the 

existing monitor (ID# 420950025) in the 

area was greater than 85% of the 24- 

hour PM2.5 NAAQS as required by 40 

CFR part 58, appendix D, Table D–5. 

EPA’s review of the data indicates that 

the Harrisburg-Lebanon-Carlisle-York, 

Allentown, Johnstown, and Lancaster 

PM2.5 nonattainment areas meet the 

2006 PM2.5 NAAQS. 

TABLE 1—24-HOUR PM2.5 VALUES FOR FOUR PENNSYLVANIA NONATTAINMENT AREAS * 

State County Monitor ID 2008 Mean 

(μg/m3) 

2009 Mean 

(μg/m3) 

2010 Mean 

(μg/m3) 

Certified 

design value 

2008–2010 

(μg/m3) 

Harrisburg-Lebanon-Carlisle-York 

Pennsylvania ................ Cumberland ................. 420410101 .................. 33.7 29.9 31.4 32 

Dauphin ....................... 420430401 .................. 34.3 33.0 32.9 33 

Lebanon ...................... No monitor .................. ........................ ........................ ........................ ........................

York ............................. No monitor .................. ........................ ........................ ........................ ........................

Allentown 

Northampton ............... 420950025 .................. 33.1 30.1 33.3 32 

Northampton ............... 420950027 .................. ........................ ........................ 27.6 28 

Lehigh ......................... No monitor .................. ........................ ........................ ........................ ........................

Johnstown 

Cambria ....................... 420210011 .................. 32.2 28.7 30.2 30 

Indiana (part) ............... No monitor .................. ........................ ........................ ........................ ........................

Lancaster 

Lancaster .................... 420710007 .................. 35.0 29.4 34.1 33 

* The data presented in Table 1 are available at http://www.epa.gov/air/airtrends/values.html. 

V. What is EPA’s proposed action? 

EPA is proposing to determine that 

the Areas have clean data for the 2006 

24-hour PM2.5 NAAQS. As provided in 

40 CFR 51.1004(c), if EPA finalizes 

these determinations, they will suspend 

the requirements for these Areas to 

submit an attainment demonstration, 

associated RACM, RFP, contingency 

measures, and any other planning SIP 

requirements related to the attainment 

of the 2006 PM2.5 NAAQS, so long as 

these Areas continue to meet the 

standard. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make 

attainment determinations based on air 

quality data and would not, if finalized, 

result in the suspension of certain 

Federal requirements and would not 

impose any additional requirements. 

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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Proposed Rules 2943 

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, 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 rulemaking 

that the Harrisburg-Lebanon-CarlisleYork, Allentown, Johnstown, and 

Lancaster PM2.5 nonattainment areas 

have clean data for the 2006 24-hour 

PM2.5 standard 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, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: January 3, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–1120 Filed 1–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2010–0523; FRL–9619–8] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Illinois; Redesignation of 

the Illinois Portion of the St. Louis, 

MO-IL Area to Attainment for the 1997 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: EPA is extending the 

comment period for a proposed rule 

published December 22, 2011 (76 FR 

79579). On December 22, 2011, EPA 

proposed to approve the State of 

Illinois’ request to redesignate the 

Illinois portion of the St. Louis, MO-IL 

nonattainment area (Jersey, Madison, 

Monroe, and St. Clair Counties) to 

attainment for the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). In conjunction with the 

proposed approval of the redesignation 

request, EPA proposed to approve, as a 

revision to the Illinois State 

Implementation Plan, the State’s plan 

for maintaining the 1997 8-hour ozone 

NAAQS through 2025 in the area. EPA 

also proposed to approve the 2002 

emissions inventory as meeting the 

comprehensive emissions inventory 

requirement of the Clean Air Act for the 

Illinois portion of the St. Louis area. 

Finally, EPA proposed to approve the 

State’s 2008 and 2025 Motor Vehicle 

Emission Budgets for the Illinois portion 

of the St. Louis area. In response to a 

December 22, 2011, request from David 

C. Bender, EPA is extending the 

comment period for 30 days. 

DATES: Comments. The public comment 

period for the proposed rule published 

December 22, 2011 (76 FR 79579) is 

being extended for 30 days to February 

22, 2012. 

ADDRESSES: Submit comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0523, to: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–6960, 

aburano.douglas@epa.gov. Additional 

instructions to comment can be found in 

the notice of proposed rulemaking 

published December 22, 2011 (76 FR 

79579). 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

Dated: January 9, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–1123 Filed 1–19–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2011–0042; MO 

92210–0–0009] 

RIN 1018–AV86 

Endangered and Threatened Wildlife 

and Plants; Proposed Endangered 

Status for the Chupadera Springsnail 

(Pyrgulopsis chupaderae) and 

Proposed Designation of Critical 

Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

reopening of the public comment period 

on our August 2, 2011, proposed 

endangered status and designation of 

critical habitat for the Chupadera 

springsnail (Pyrgulopsis chupaderae) 

under the Endangered Species Act of 

1973, as amended (Act). We also 

announce the availability of a draft 

economic analysis and draft 

environmental assessment of the 

proposed designation of critical habitat 

and an amended required 

determinations section of the proposal. 

We are reopening the comment period 

to allow all interested parties an 

opportunity to comment simultaneously 

on the revised proposed rule, the 

associated draft economic analysis and 

draft environmental assessment, and the 

amended required determinations 

section. Comments previously 

submitted need not be resubmitted, as 

they will be fully considered in 

preparation of the final rule. 

DATES: We will consider comments 

received on or before February 21, 2012. 

Comments must be received by 11:59 

p.m. Eastern Time on the closing date. 

Any comments that we receive after the 

closing date may not be considered in 

the final decision on this action. 

ADDRESSES: Document availability: You 

may obtain copies of the proposed rule, 

draft economic analysis, and draft 

environmental assessment on the 

Internet at http://www.regulations.gov at 

Docket Number FWS–R2–ES–2011– 

0042, or by mail from the New Mexico 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Comment submission: You may 

submit written comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS