Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations 38183 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

VA has already established the 

SDVOSB/VOSB verification program in 

regulation at 38 CFR part 74, and the 

minor change in this interim final rule 

will solely modify the term of eligibility 

after initial verification from 1 year to 

2 years in 38 CFR 74.15(a) before reverification would be required. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This interim final rule 

would have no such effect on State, 

local, and tribal governments, or on the 

private sector. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

This interim final rule affects the 

verification guidelines of veteran-owned 

small businesses, for which there is no 

Catalog of Federal Domestic Assistance 

program number. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on June 22, 2012, for 

publication. 

List of Subjects in 38 CFR Part 74 

Administrative practice and 

procedures, Privacy, Reporting and 

recordkeeping requirements, Small 

business, Veteran, Veteran-owned small 

business, Verification. 

Dated: June 22, 2012. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of General Counsel, 

Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA amends 38 CFR part 74 as 

follows: 

PART 74—VETERANS SMALL 

BUSINESS REGULATIONS 

■ 1. The authority citation for part 74 

continues to read as follows: 

Authority: 38 U.S.C. 501, 513, and as noted 

in specific sections. 

§ 74.15 [Amended] 

■ 2. In § 74.15, paragraph (a), the first 

sentence is amended by removing ‘‘1 

year’’ and adding, in its place, ‘‘2 

years’’. 

[FR Doc. 2012–15801 Filed 6–26–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2011–0627; FRL–9692–8] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Missouri and 

Illinois; St. Louis Nonattainment Area; 

Determination of Attainment by 

Applicable Attainment Date for the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining, pursuant 

to the Clean Air Act (CAA), that the bistate St. Louis, Missouri-Illinois, fine 

particulate (PM2.5) nonattainment area 

(hereafter referred to as ‘‘the St. Louis 

area’’ or ‘‘the area’’) has attained the 

1997 annual PM2.5 national ambient air 

quality standards (NAAQS) by its 

applicable attainment date of April 5, 

2010. This determination is based on 

quality-assured and certified monitoring 

data for the 2007–2009 monitoring 

period. Based on this data, EPA 

previously determined on May 23, 2011, 

that the area attained the 1997 

standards, and EPA suspended certain 

planning requirements for the area 

based on that determination. EPA is 

now finding that the St. Louis area 

attained the 1997 annual PM2.5 NAAQS 

by its applicable attainment date. EPA is 

finalizing this action because it is 

consistent with the CAA and its 

implementing regulations. 

DATES: This rule is effective on July 27, 

2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2011–0627. 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 at 

the Atmospheric Section, Air Planning 

and Development Branch, Air Waste 

and Management Division, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101. EPA requests that if 

at all possible, you contact the person 

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 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: In 

Region 7, Steven Brown, Atmospheric 

Programs Section, Air Planning and 

Development Branch, Air and Waste 

Management Division, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101. Steven Brown may 

be reached by telephone at (913) 551– 

7718 or via electronic mail at 

brown.steven@epa.gov. In Region 5, 

John Summerhays, Attainment Planning 

and Maintenance Section, Air Programs 

Branch (AR 18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604. The telephone number is (312) 

886–6067. Mr. Summerhays can also be 

reached via electronic mail at 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is the final action? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2007–2009, and in accordance with 

section 179(c)(1) of the CAA, EPA is 

determining that the St. Louis area 

attained the 1997 annual PM2.5 NAAQS 


emcdonald on DSK67QTVN1PROD with RULES
38184 Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations 

by the applicable attainment date of 

April 5, 2010. The St. Louis area is 

comprised of Jefferson County, Franklin 

County, St. Louis County, St. Louis City, 

and St. Charles in Missouri, and 

Madison, Monroe and St. Clair 

Counties, and Baldwin Township in 

Randolph County in Illinois. On May 

23, 2011, EPA published a final 

rulemaking making a determination that 

the St. Louis area attained the 1997 

annual PM2.5 NAAQS based on qualityassured, quality controlled and certified 

ambient air monitoring data for the 

2007–2009 monitoring period and 

thereby suspended the requirements for 

the St. Louis area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 annual 

PM2.5 NAAQS so long as the area 

continues to attain the 1997 Annual 

PM2.5 NAAQS. See 76 FR 29652. Further 

information regarding that action is 

available in the notice proposing that 

action, published on March 7, 2011, at 

76 FR 12302. 

Today’s final action merely makes a 

determination that the St. Louis area 

attained the 1997 annual PM2.5 NAAQS 

by its applicable attainment date. This 

action does not revisit the prior 

attainment determination or reconsider 

the suspension of the requirements for 

the St. Louis area to submit an 

attainment demonstration and 

associated RACM, an RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the standard. More 

information regarding the 1997 annual 

PM2.5 NAAQS and the area’s attainment 

of that NAAQS is available at 76 FR 

29652 (May 23, 2011). A detailed 

discussion of EPA’s review of the 

monitoring data showing attainment of 

the standard can be found in the March 

7, 2011 proposed action and the May 23, 

2011 final action. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action today are explained in the 

Notice of Proposed Rulemaking (NPR) 

published on December 20, 2011 (76 FR 

78869). The comment period closed on 

January 19, 2012. No comments were 

received in response to the NPR. 

II. What is the effect of this action? 

Today’s action is a determination that 

the St. Louis area attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010, 

consistent with CAA section 179(c)(1). 

Finalizing this action does not 

constitute a redesignation of the St. 

Louis area to attainment of the 1997 

annual PM2.5 NAAQS under section 

107(d)(3) of the CAA. Further, finalizing 

this action does not involve approving 

maintenance plans for the St. Louis area 

as required under section 175A of the 

CAA, nor would it find that the St. 

Louis area has met all other 

requirements for redesignation. The 

designation status of the St. Louis area 

remains nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the area meets the 

CAA requirements for redesignation to 

attainment and takes action to 

redesignate the area. 

III. What is the final action? 

This action is a final determination, 

based on quality-assured and certified 

monitoring data for the 2007–2009 

monitoring period, that the St. Louis 

area attained the annual PM2.5 NAAQS 

by its applicable attainment date of 

April 5, 2010. This action is being taken 

pursuant to section 179(c)(1) of the CAA 

and is consistent with the CAA and its 

implementing regulations. 

IV. Statutory and Executive Order 

Reviews 

This final action merely makes a 

determination of the St. Louis area’s 

attainment of the 1997 PM2.5 NAAQS 

based upon complete, quality-assured, 

and certified ambient air quality data, 

pursuant to statutory mandate, and does 

not impose additional requirements 

beyond those imposed by state law. This 

final action makes a non-discretionary 

determination of the St. Louis area’s 

attainment of the 1997 PM2.5 NAAQS 

based solely upon complete, qualityassured, and certified ambient air 

quality data, as mandated by CAA 

section 179(c)(1). For that reason, this 

final 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 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 final rule determines 

that the St. Louis area attained the 1997 

annual average PM2.5 NAAQS by its 

applicable attainment date does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIPs are 

not approved to apply in Indian country 

located in the states, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: May 16, 2012. 

Karl Brooks, 

Regional Administrator, Region 7. 

Dated: June 15, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

Therefore, 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. 

■ 2. Section 52.725(k) is revised to read 

as follows: 

§ 52.725 Control Strategy: Particulates. 

* * * * * 

(k) Determination of attainment. EPA 

has determined, as of May 23, 2011, that 

the St. Louis (MO-IL) metropolitan 1997 


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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations 38185 

PM2.5 nonattainment area has attained 

the 1997 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 PM2.5 NAAQS. In addition, 

based upon review of the air quality 

data for the 3-year period 2007 to 2009, 

EPA has determined that the St. Louis 

(MO-IL) PM2.5 nonattainment area has 

attained the 1997 PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. 

■ 3. Section 52.1341 is revised to read 

as follows: 

§ 52.1341 Control strategy: Particulate. 

Determination of attainment. EPA has 

determined, as of May 23, 2011, that the 

St. Louis (MO-IL) metropolitan 1997 

PM2.5 nonattainment area has attained 

the 1997 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 PM2.5 NAAQS. In addition, 

based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, the St. Louis (MO-IL) PM2.5

nonattainment area has attained the 

1997 PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. 

[FR Doc. 2012–15573 Filed 6–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0219; FRL–9691–5] 

Approval and Promulgation of 

Implementation Plans; State of North 

Carolina; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval of a revision to the North 

Carolina State Implementation Plan 

(SIP) submitted by the State of North 

Carolina through the North Carolina 

Department of Environment and Natural 

Resources (NC DENR), Division of Air 

Quality (DAQ), on December 17, 2007. 

North Carolina’s December 17, 2007, SIP 

revision addresses regional haze for the 

first implementation period. 

Specifically, this SIP revision addresses 

the requirements of the Clean Air Act 

(CAA or Act) and EPA’s rules that 

require states to prevent any future and 

remedy any existing anthropogenic 

impairment of visibility in mandatory 

Class I areas (national parks and 

wilderness areas) caused by emissions 

of air pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’). States are required to assure 

reasonable progress toward the national 

goal of achieving natural visibility 

conditions in Class I areas. EPA is 

finalizing a limited approval of North 

Carolina’s December 17, 2007, SIP 

revision to implement the regional haze 

requirements for North Carolina on the 

basis that this SIP revision, as a whole, 

strengthens the North Carolina SIP. In a 

separate action published on June 7, 

2012, EPA finalized a limited 

disapproval of this same SIP revision 

because of the deficiencies in the State’s 

regional haze SIP revision arising from 

the remand by the U.S. Court of Appeals 

for the District of Columbia Circuit (D.C. 

Circuit) to EPA of the Clean Air 

Interstate Rule (CAIR). 

DATES: Effective Date: This rule will be 

effective July 27, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0219. 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., 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 through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

for further information. The Regional 

Office’s official hours of business are 

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

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Michele 

Notarianni can be reached at telephone 

number (404) 562–9031 and by 

electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this final 

action? 

II. What is EPA’s response to comments 

received on this action? 

III. What is the effect of this final action? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What is the background for this final 

action? 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particles (e.g., sulfates, nitrates, 

organic carbon, elemental carbon, and 

soil dust), and their precursors (e.g., 

sulfur dioxide (SO2), nitrogen oxides 

(NOX), and in some cases, ammonia and 

volatile organic compounds). Fine 

particle precursors react in the 

atmosphere to form fine particulate 

matter (PM2.5) which impairs visibility 

by scattering and absorbing light. 

Visibility impairment reduces the 

clarity, color, and visible distance that 

one can see. PM2.5 can also cause 

serious health effects and mortality in 

humans and contributes to 

environmental effects such as acid 

deposition and eutrophication. 

In section 169A of the 1977 

Amendments to the CAA, Congress 

created a program for protecting 

visibility in the nation’s national parks 

and wilderness areas. This section of the 

CAA establishes as a national goal the 

‘‘prevention of any future, and the 

remedying of any existing, impairment 

of visibility in mandatory Class I areas 

which impairment results from 

manmade air pollution.’’ On December 

2, 1980, EPA promulgated regulations to 

address visibility impairment in Class I 

areas that is ‘‘reasonably attributable’’ to 

a single source or small group of 

sources, i.e., ‘‘reasonably attributable 

visibility impairment.’’ See 45 FR 

80084. These regulations represented 

the first phase in addressing visibility 

impairment. EPA deferred action on 

regional haze that emanates from a 

variety of sources until monitoring, 

modeling, and scientific knowledge 


emcdonald on DSK67QTVN1PROD with RULES