65520 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 

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 proposed 

action merely approves the State’s law 

as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

the State’s 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 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 SIP 

revision pertaining to greenhouse gas 

permitting 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, 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: October 10, 2012. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2012–26522 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0608; FRL–9745–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of West 

Virginia for the purpose of establishing 

amendments to Legislative Rule, 45 CSR 

8—Ambient Air Quality Standards. In 

the Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because EPA 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by November 28, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0608 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: khadr.asrah@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0608, 

Donna Mastro, Acting 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–2012– 

0608. 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, 


rmajette on DSK2TPTVN1PROD with 
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Proposed Rules 65521 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

Dated: October 10, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–26389 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0782; FRL–9747–1] 

Determination of Attainment for the 

San Francisco Bay Area 

Nonattainment Area for the 2006 Fine 

Particle Standard; California; 

Determination Regarding Applicability 

of Clean Air Act Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the San Francisco Bay 

Area nonattainment area in California 

has attained the 2006 24-hour fine 

particle (PM2.5) National Ambient Air 

Quality Standard (NAAQS). This 

proposed determination is based upon 

complete, quality-assured, and certified 

ambient air monitoring data showing 

that this area has monitored attainment 

of the 2006 24-hour PM2.5 NAAQS based 

on the 2009–2011 monitoring period. 

EPA is further proposing that, if EPA 

finalizes this determination of 

attainment, the requirements for this 

area to submit an attainment 

demonstration, together with reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan, 

and contingency measures for failure to 

meet RFP and attainment deadlines 

shall be suspended for so long as the 

area continues to attain the 2006 24- 

hour PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before November 28, 

2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2012–0782 by one of the following 

methods: 

1. Federal eRulemaking Portal, at 

www.regulations.gov, please follow the 

on-line instructions; 

2. Email to ungvarsky.john@epa.gov; 

or 

3. Mail or delivery to John Ungvarsky, 

Air Planning Office, AIR–2, U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information you 

consider to be CBI or otherwise 

protected should be clearly identified as 

such and should not be submitted 

through www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, (415) 972–3963, or by email 

at ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. We are providing the following 

outline to aid in locating information in 

this proposal. 

Table of Contents 

I. What determination is EPA making? 

II. What is the background for this action? 

A. PM2.5 NAAQS 

B. Designation of PM2.5 Nonattainment 

Areas 

C. How does EPA make attainment 

determinations? 

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

quality data? 

A. Monitoring Network and Data 

Considerations 

B. Evaluation of Current Attainment 

IV. How does EPA’s Clean Data Policy apply 

to this action? 

A. Application of EPA’s Clean Data Policy 

to the 2006 PM2.5 NAAQS 

B. History and Basis of EPA’s Clean Data 

Policy 

V. EPA’s Proposed Action and Request for 

Public Comment 

VI. Statutory and Executive Order Reviews 

I. What determination is EPA making? 

EPA is proposing to determine that 

the San Francisco Bay Area 

nonattainment area has clean data for 

the 2006 24-hour NAAQS for fine 

particles (generally referring to particles 

less than or equal to 2.5 micrometers in 

diameter, PM2.5). This determination is 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data showing the area has monitored 

attainment of the 2006 PM2.5 NAAQS 

based on 2009–2011 monitoring data. 

Preliminary data in EPA’s Air Quality 

System (AQS) for 2012 indicate that the 

area continues to attain the 2006 PM2.5

NAAQS. Based on this determination, 

we are also proposing to suspend the 

obligations on the State of California to 

submit certain state implementation 

plan (SIP) revisions related to 

attainment of this standard for this area 

for as long as the area continues to 

attain the standard. 

II. What is the background for this 

action? 

A. PM2.5 NAAQS 

Under section 109 of the Clean Air 

Act (CAA or ‘‘Act’’), EPA has 

established national ambient air quality 

standards (NAAQS or ‘‘standards’’) for 

certain pervasive air pollutants (referred 


rmajette on DSK2TPTVN1PROD with