### 11741 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations

of such rule or action. This determination that the Washington Area has attained the 1997 8-hour ozone NAAQS 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, Ozone, Reporting and recordkeeping requirements.

Dated: February 6, 2012. W.C. Early, Acting Regional Administrator, Region III.

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.
**Subpart J—District of Columbia**

■ 2. In § 52.475, the existing paragraph is designated as (a), and paragraph (b) is added to read as follows:

**§ 52.475 Determinations of attainment.**
* * * * *

(b) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA alsodetermined that the Washington, DCMD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).

■ 3. Section 52.476 is amended by adding new paragraph (g) to read as follows:

**§ 52.476 Control strategy: ozone.**
* * * * *

(g) Determination of attainment. EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.

**Subpart V—Maryland**

■ 4. Section 52.1076 is amended by adding new paragraph (w) to read as follows:

**§ 52.1076 Control strategy plans for attainment and rate-of-progress: ozone.** 
* * * * *

(w) Determination of attainment. EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.

■ 5. Section 52.1082 is amended by adding new paragraph (c) to read as follows:

**§ 52.1082 Determinations of attainment.**
* * * * *

(c) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA alsodetermined that the Washington, DCMD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).

**Subpart VV—Virginia**

■ 6. Section 52.2428 is amended by adding paragraph (h) to read as follows:

**§ 52.2428 Control strategy: Carbon monoxide and ozone.** 
* * * * *

(h) Determination of attainment. EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.

■ 7. In § 52.2430, the existing paragraph is designated as (a), and paragraph (b) is added to read as follows:

**§ 52.2430 Determinations of attainment.**
* * * * *

(b) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA alsodetermined that the Washington, DCMD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).

[FR Doc. 2012–4473 Filed 2–27–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R05–OAR–2004–OH–0004; FRL– 9635–2]** 

**Approval and Promulgation of Air Quality Implementation Plans; Ohio;**  **New Source Review Rules—Notice of Action Denying Petition for**  **Reconsideration and Request for Administrative Stay** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule; action denying petition for reconsideration and request for administrative stay.

**SUMMARY :**  EPA is providing notice that it has responded to a petition for reconsideration and a request for an administrative stay of certain provisions of the final rule titled, ‘‘Approval and Promulgation of Air Quality Implementation Plans; Ohio; New Source Review Rules’’ published February 25, 2010. The Ohio EPA


### 11742 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations

sought approval to implement the New Source Review (NSR) Reform provisions that were not vacated by the United States Court of Appeals for the District of Columbia (DC Circuit) in New York

v. EPA . The final rule approved certain revisions to Ohio’s NSR program, which Ohio submitted to EPA for review on September 14, 2004, under the Clean Air Act (CAA). Subsequently EPA received a petition dated April 26, 2010, for reconsideration from the Natural Resources Defense Council (NRDC). The petition also requested that EPA stay implementation of certain provisions of the final rule pending its reconsideration. EPA considered the petition for reconsideration and request for an administrative stay, along with information contained in the rulemaking docket, in reaching a decision on both the petition and request for a stay. EPA Administrator, Lisa P. Jackson, denied both the petition for reconsideration and request for stay in a letter to the petitioner dated January 24, 2012. The letter explains the basis for the denial and is available as set forth below.

**FOR FURTHER INFORMATION CONTACT :**  Andrea Morgan, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–6058, morgan.andrea@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. How can I get copies of this document and other related information?

This action, the petition for reconsideration, and the letter denying the petition for reconsideration and request for an administrative stay during the reconsideration are available in the docket that has been established for this action under Docket ID No. EPA–R05– OAR–2004–OH–0004. All documents in the docket are listed on the http:// www.regulations.gov Web site. Publicly available docket materials are available in hard copy at: Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you contact Andrea Morgan, Environmental Engineer, at (312) 353– 6058 before visiting the Region 5 office. In addition to being available in the docket, an electronic copy of each of these documents will be available on the World Wide Web. Following publication, a copy of this action will be posted on EPA’s NSR Web site, under Regulations & Standards, at http:// www.epa.gov/nsr.
II. Judicial Review

Under CAA section 307(b), judicial review of this final action is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit on or before April 30, 2012.

Dated: February 13, 2012. Susan Hedman, Regional Administrator, Region 5.
[FR Doc. 2012–4474 Filed 2–27–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[Docket No. EPA–R02–OAR–2011–0687, FRL–9635–4]** 

**Approval and Promulgation of Implementation Plans; New York;**  **Motor Vehicle Enhanced Inspection and Maintenance Program** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving a proposed State Implementation Plan revision submitted by the New York State Department of Environmental Conservation. This revision consists of changes to New York’s motor vehicle enhanced inspection and maintenance program that would eliminate the transient emission short test program as it relates to the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area. EPA is approving this State Implementation Plan revision because it meets all applicable requirements of the Clean Air Act and EPA’s regulations and because the revision will not interfere with attainment or maintenance of the national ambient air quality standards in the affected area. The intended effect of this action is to maintain consistency between the State-adopted rules and the federally approved SIP.

**DATES :**  Effective Date: This rule will be effective March 29, 2012.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID No. EPA–R02–OAR–2011–0687. 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, e.g., 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 Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007–1866. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is 212–637–4249.

**FOR FURTHER INFORMATION CONTACT :**  Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007–1866, (212) 637–3381.

**SUPPLEMENTARY INFORMATION :** 
Table of Contents
I. What action is EPA taking? II. What was included in New York’s proposed SIP submittal? III. What comments Did EPA receive in response to its proposal? IV. Summary of Conclusions V. Statutory and Executive Order Reviews I. What action is EPA taking?

The EPA is approving a revision to the New York State Implementation Plan (SIP) pertaining to New York’s motor vehicle enhanced inspection and maintenance (I/M) program that proposes to end tailpipe testing on December 31, 2010. This proposed SIP revision also outlines several changes to New York’s enhanced I/M programs currently operating within the New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area (referred to as NYMA). New York proposes to reduce the percentage of emissions waivers allowed within that area to 2% (from 3%). New York indicates that the decentralized program, which features on-board diagnostics inspections, is as effective as a centralized test-only program for modeling purposes.

II. What was included in New York’s proposed SIP submittal?

After completing the appropriate public notice and comment procedures, on July 10, 2009, the New York State Department of Environmental Conservation (NYSDEC) submitted to EPA a proposed SIP revision that includes changes to the New York State enhanced I/M program. The changes include a proposal to end tailpipe testing through the New York Transient Emissions Short Test (NYTEST) I/M program on December 31, 2010. The