Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3147 

■ 3. In § 52.1320, the table in paragraph 

(e) is amended by adding the following 

entry to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e)* * * 

Name of non-regulatory SIP 

revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(55) VOC RACT Requirements for the 8-hour 

ozone NAAQS.

St. Louis ............................... 01/17/2007, 

06/01/2011 

01/23/2012 [Insert citation of 

publication].

We are conditionally approving 

this SIP revision based on Missouri’s commitment to submit a 

SIP to address the solvent 

cleaning CTG no later than December 31, 2012. 

■ 4. Section 52.1323 is amended by 

adding paragraph (o) to read as follows: 

§ 52.1323 Approval status. 

* * * * * 

(o) The Administrator conditionally 

approves the Missouri SIP revisions that 

address the requirements of RACT 

under the 8-hour ozone NAAQS under 

§ 52.1320(c). Full approval is contingent 

on Missouri submitting RACT rules for 

inclusion into the Missouri SIP to 

address the Solvent Cleanup Operations 

CTG, to the EPA, no later than 

December 31, 2012. 

[FR Doc. 2012–1086 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0714; FRL–9620–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, New Jersey, and 

Pennsylvania; Determinations of 

Attainment of the 1997 Annual Fine 

Particulate Standard for the 

Philadelphia-Wilmington 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to make two determinations 

regarding the Philadelphia-Wilmington 

fine particulate (PM2.5) nonattainment 

area (the Philadelphia Area). First, EPA 

is making a determination that the 

Philadelphia Area has attained the 1997 

annual PM2.5 national ambient air 

quality standard (NAAQS) by its 

attainment date of April 5, 2010. This 

determination is based upon quality 

assured and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS for the 2007–2009 

monitoring period. Second, EPA is 

making a clean data determination, 

finding that the Philadelphia Area has 

attained the 1997 PM2.5 NAAQS, based 

on quality assured and certified ambient 

air monitoring data for the 2007–2009 

and 2008–2010 monitoring periods. In 

accordance with EPA’s applicable PM2.5

implementation rule, this determination 

suspends the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, reasonably 

available control measures (RACM), a 

reasonable further progress (RFP) plan, 

and contingency measures related to 

attainment of the 1997 annual PM2.5

NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. Although these 

requirements are suspended, EPA is not 

precluded from acting upon these 

elements at any time if submitted to 

EPA for review and approval. These 

actions are being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on March 

23, 2012 without further notice, unless 

EPA receives adverse written comment 

by February 22, 2012. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0714 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–2011–0714, 

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– 

0714. 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 

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3148 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

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: If 

you have questions concerning EPA’s 

action related to Delaware or 

Pennsylvania, please contact Maria A. 

Pino, (215) 814–2181, or by email at 

pino.maria@epa.gov. If you have 

questions concerning EPA’s action 

related to New Jersey, please contact 

Henry Feingersh, (212) 637–3382, or by 

email at feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

detailed information regarding these 

actions, EPA prepared a Technical 

Support Document (TSD). The TSD can 

be viewed at http:// 

www.regulations.gov. The following 

outline is provided to aid in locating 

information in this action. 

I. What are the actions that EPA is taking? 

II. What is the background for these actions? 

III. What are the effects of these actions? 

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

quality data? 

V. Final Actions 

VI. Statutory and Executive Order Reviews 

I. What are the actions that EPA is 

taking? 

Pursuant to section 179(c) of the CAA, 

EPA is making a determination that the 

Philadelphia Area attained the 1997 

PM2.5 NAAQS by its attainment date, 

April 5, 2010. This determination is 

based upon quality assured and certified 

ambient air monitoring data for the 

2007–2009 monitoring period that 

shows the area has monitored 

attainment of the 1997 PM2.5 NAAQS 

during this monitoring period. 

EPA is also making a clean data 

determination, finding that the 

Philadelphia Area has attained the 1997 

PM2.5 NAAQS. This determination is 

based upon quality assured and certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 PM2.5 NAAQS for the 2007–2009 

and 2008–2010 monitoring periods. 

After the effective date of this 

determination, the requirement for the 

Philadelphia Area to submit an 

attainment demonstration, RACM, an 

RFP plan, and contingency measures 

related to attainment of the 1997 PM2.5

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

PM2.5 NAAQS. Although these 

requirements are suspended, EPA is not 

precluded from acting upon these 

elements at any time if submitted to 

EPA for review and approval. The States 

of Delaware and New Jersey, and the 

Commonwealth of Pennsylvania have 

submitted SIP revisions for their 

portions of the Philadelphia Area to 

EPA for review and approval. 

II. What is the background for these 

actions? 

A. The Philadelphia Area 

On July 18, 1997, EPA established a 

health-based PM2.5 NAAQS at 15.0 

micrograms per cubic meter (mg/m3) 

based on a 3-year average of annual 

mean PM2.5 concentrations (‘‘the annual 

PM2.5 NAAQS’’ or ‘‘the annual 

standard’’) (62 FR 36852). At that time, 

EPA also established a 24-hour standard 

of 65 mg/m3 (the ‘‘1997 24-hour 

standard’’). See, 40 CFR 50.7. On 

January 5, 2005, EPA published its air 

quality designations for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data for calendar years 

2001–2003 (70 FR 944). These 

designations became effective on April 

5, 2005. The Philadelphia Area, which 

includes the New Castle County in 

Delaware; Burlington, Camden, and 

Gloucester Counties in New Jersey; and 

Bucks, Chester, Delaware, Montgomery, 

and Philadelphia Counties in 

Pennsylvania was designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS during this designations 

process. See, 40 CFR 81.308, 81.832, 

and 81.339. The attainment date for the 

1997 annual PM2.5 NAAQS is as 

expeditiously as practicable, but no 

more than five years from the date of 

designation. See, 40 CFR 51.1004(a). 

Therefore, the attainment date for the 

Philadelphia Area is April 5, 2010. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15 mg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 mg/m3 based on a 

3-year average of the 98th percentile of 

24-hour concentrations (the ‘‘2006 24- 

hour standard’’). On November 13, 

2009, EPA published the area 

designations for the 2006 24-hour 

standard (74 FR 58688). That action, 

effective on December 14, 2009, 

designated the same Philadelphia Area 

as nonattainment for the 2006 24-hour 

standard and clarified that the 

Philadelphia Area is designated as 

unclassifiable/attainment for the 1997 

24-hour PM2.5 standard. This 

rulemaking only addresses the 1997 

annual PM2.5 standard and does not 

address the 1997 or the 2006 24-hour 

PM2.5 standards. 

In response to legal challenges of the 

2006 annual standard, the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) remanded this 

standard to EPA for further 

consideration. See, American Farm 

Bureau Federation and National Pork 

Producers Council, et al. v. EPA, 559 

F.3d 512 (D.C. Circuit 2009). However, 

given that the 1997 and 2006 annual 

PM2.5 standards are essentially 

identical, attainment of the 1997 annual 

standard would also indicate attainment 

of the remanded 2006 annual standard. 

B. Requirement To Determine 

Attainment by the Attainment Date 

Under CAA section 179(c), not later 

than six months after an areas 

attainment date, EPA is required to 

make a determination that a 

nonattainment area has attained by its 

attainment date. EPA is required to 

publish that determination in the 

Federal Register. 

C. Clean Data Determination 

Under the provisions of EPA’s PM2.5

implementation rule at 40 CFR 

51.1004(c), if EPA issues a 

determination that an area is attaining 

the relevant standard (through a 

rulemaking that includes public notice 

and comment), then the area’s 

obligations to submit an attainment 

demonstration, RACM, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment are 

suspended for as long as the area 

continues to attain. The clean data 

determination is not equivalent to a 

redesignation. The state must still meet 

the statutory requirements for 

redesignation in order for the area to be 

redesignated to attainment. 

D. Ambient Air Quality Monitoring Data 

The States of Delaware, and New 

Jersey, and the Commonwealth of 

Pennsylvania (‘‘the States’’) submitted 

quality assured air quality monitoring 

data into the EPA Air Quality System 

(AQS) database for the 2007–2009 and 

2008–2010 monitoring periods. The 

States then certified that data. EPA’s 

evaluation of this data shows that the 

Philadelphia Area has attained the 1997 

annual PM2.5 NAAQS. Additional 

information on air quality data for the 

Philadelphia Area can be found in the 

TSD prepared for this action. 

III. What are the effects of these 

actions? 

These actions do not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA. The 

designation status of the Philadelphia 

Area will remain nonattainment for the 

1997 annual PM2.5 NAAQS until such 

time as EPA determines that the area 

meets the CAA requirements for 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3149 

redesignation to attainment, including 

an approved maintenance plan. 

A. Determination of Attainment by the 

Attainment Date 

EPA is making a determination that 

the Philadelphia Area has attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. Therefore, EPA has met its 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard 

by that date. The effect of a final 

determination of attainment by the 

area’s attainment date will be to 

discharge EPA’s obligation under CAA 

section 179(c). 

B. Clean Data Determination 

EPA is making a determination that 

the Philadelphia Area is attaining the 

1997 annual PM2.5 NAAQS. This 

determination of attainment suspends 

the CAA requirements for the 

Philadelphia Area to submit an 

attainment demonstration and the 

associated RFP plan, contingency 

measures, RACM analysis, and any 

other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS. These requirements remain 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

The clean data determination 

suspends the requirement to submit an 

attainment demonstration, RACM, RFP 

plan, contingency measures, and any 

other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS. This suspension remains in 

effect until such time, if any, that EPA 

(i) redesignates the area to attainment at 

which time those requirements no 

longer apply, or (ii) subsequently 

determines that the area has violated the 

1997 annual PM2.5 NAAQS. This 

determination is separate from, and 

does not influence or otherwise affect, 

any future designation determination or 

requirements for the area based on any 

new or revised PM2.5 NAAQS. It 

remains in effect regardless of whether 

EPA designates this area as a 

nonattainment area for purposes of any 

new or revised PM2.5 NAAQS. Although 

these requirements are suspended, EPA 

is not precluded from acting upon these 

elements. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

The criteria for determining if an area 

is attaining the 1997 annual PM2.5

NAAQS are set out in 40 CFR 50.13 and 

appendix N. The annual PM2.5 NAAQS 

is met when the annual design value is 

less than or equal to 15.0 micrograms 

per cubic meter (mg/m3). Three years of 

valid annual means are required to 

produce a valid annual standard design 

value. A year meets data completeness 

requirements when at least 75 percent of 

the scheduled sampling days for each 

quarter have valid data. The use of less 

than complete data is subject to the 

approval of EPA, which may consider 

factors such as monitoring site closures/ 

moves, monitoring diligence, and 

nearby concentrations in determining 

whether to use such data. 

While most of the monitoring data 

submitted by the States was complete, 

several monitors in the Philadelphia 

Area had less than four quarters of 

complete data for one or more year in 

both the 2007–2009 and 2008–2010 

monitoring periods. For these monitors, 

EPA applied the data substitution test 

set out in the April 1999 EPA guidance 

document ‘‘Guideline on Data Handling 

Conventions for the PM NAAQS.’’ This 

‘‘maximum quarter’’ test is used for 

monitors with missing data. Maximum 

recorded values are substituted for the 

missing data. The resulting design value 

is compared to the standard. The 

monitor passes if the design value with 

maximum values substituted meets the 

standard. 

Considering 2007–2009 data, six 

monitors had less than complete data, 

and five of those monitors passed the 

maximum quarter test. Therefore, while 

the five monitors had less than complete 

data, EPA’s evaluation shows that the 

monitors meet the NAAQS. Data 

handling for the sixth monitor is 

discussed below. 

Considering 2008–2010 data, four 

monitors had less than complete data, 

and all four monitors passed the 

maximum quarter test. Therefore, while 

the four monitors had less than 

complete data, EPA’s evaluation shows 

that the monitors meet the NAAQS. 

Details of EPA’s analysis are set out in 

the TSD prepared for this action. 

The maximum quarter test could not 

be used to show attainment, considering 

2007–2009 data, for one monitor located 

in Chester County, Pennsylvania. For 

this monitor, EPA performed a 

statistical analysis of the data, in which 

a linear regression relationship is 

established between the site with 

incomplete data and a nearby site which 

has more complete data in the period in 

which the incomplete site is missing 

data. The linear regression relationship 

is based on time periods in which both 

monitors were operating. The linear 

regression equation developed from the 

relationship between the monitors is 

used to fill in missing data for the 

incomplete monitor, so that the normal 

data completeness requirement of 75 

percent of data in each quarter of the 

three years is met. After the missing 

data for the site is filled in, the results 

are verified through an additional 

statistical test. The results of EPA’s 

statistical analysis indicated that while 

the Chester County, Pennsylvania 

monitor had less than complete data, 

the data is sufficient to demonstrate that 

the NAAQS has been met. Details of this 

analysis are set out in the TSD prepared 

for this action. 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the PM2.5 ambient air 

monitoring data for the monitoring 

periods 2007–2009 and 2008–2010 for 

the Philadelphia Area, as recorded in 

the AQS database. On the basis of that 

review, EPA has concluded that the 

Philadelphia Area attained the 1997 

annual PM2.5 NAAQS based on data for 

the 2007–2009 and 2008–2010 

monitoring periods. 

A. Determination of Attainment by the 

Attainment Date 

According to the PM2.5

implementation rule, the attainment 

date for the Philadelphia Area is April 

5, 2010, and monitoring data from the 

period 2007–2009 is used to determine 

if the area attained by April 5, 2010. 

Table 1 shows the PM2.5 design values 

for each monitor in the Philadelphia 

Area for the years 2007–2009. All 2007– 

2009 design values are below 15.0 mg/ 

m3 and EPA’s evaluation shows that all 

monitors meet the NAAQS. Therefore, 

the Philadelphia Area attained the 1997 

annual PM2.5 NAAQS by its attainment 

date. 

TABLE 1—2007–2009 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA

State County Monitor ID 

Annual mean (μg/m3) 2007–2009 

Design value 

(μg/m3 2007 2008 2009 ) 

Delaware ................................................. New Castle ............................................. 100031003 13 .4 13 .0 10 .2 12.2 

100031007 12 .5 11 .5 10 .0 11.3 

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3150 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

TABLE 1—2007–2009 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA—Continued 

State County Monitor ID 

Annual mean (μg/m3) 2007–2009 

Design value 

(μg/m3 2007 2008 2009 ) 

100031012 13 .4 12 .5 10 .6 12.2 

100032004 14 .4 13 .5 11 .2 13.0 

New Jersey ............................................. Camden .................................................. 340071007 13 .8 11 .9 9 .5 11.7 

Gloucester .............................................. 340150004 13 .3 11 .5 9 .3 11.4 

Pennsylvania ........................................... Bucks ...................................................... 420170012 13 .0 12 .7 10 .8 12.2 

Chester ................................................... 420290100 14 .1 13 .7 14 .1 13.9 

Delaware ................................................. 420450002 14 .7 13 .9 12 .4 13.7 

Montgomery ............................................ 420910013 13 .1 11 .7 10 .4 11.7 

Philadelphia ............................................ 421010004 13 .7 13 .0 10 .8 12.5 

421010024 12 .9 12 .0 9 .9 11.6 

421010047 14 .3 13 .5 11 .1 13.0 

421010055 * 13 .5 11 .3 12.4 

421010057 12 .0 13 .3 11 .1 12.1 

*NOTE: Monitor 421010055 in Philadelphia County, Pennsylvania, started operating in 2008. 

B. Clean Data Determination 

Table 2 shows the PM2.5 design values 

for each monitor in the Philadelphia 

Area for the years 2008–2010. All 2008– 

2010 design values are below 15.0 mg/ 

m3 and EPA’s evaluation shows that all 

monitors meet the NAAQS. Therefore, 

the Philadelphia Area attained the 1997 

annual PM2.5 NAAQS. 

TABLE 2—2008–2010 ANNUAL PM2.5 DESIGN VALUES, PHILADELPHIA AREA

State County Monitor ID 

Annual mean (μg/m3) 2008–2010 

Design value 

(μg/m3 2008 2009 2010 ) 

Delaware ................................................. New Castle ............................................. 100031003 13 .0 10 .2 10 .2 11.1 

100031007 11 .5 10 .0 10 .0 10.5 

100031012 12 .5 10 .6 10 .4 11.2 

100032004 13 .5 11 .2 10 .6 11.7 

New Jersey ............................................. Camden .................................................. 340071007 11 .9 9 .5 9 .5 10.3 

Gloucester .............................................. 340150004 11 .5 9 .3 9 .1 10.0 

Pennsylvania ........................................... Bucks ...................................................... 420170012 12 .7 10 .8 10 .5 11.3 

Chester ................................................... 420290100 13 .7 14 .1 13 .8 13.8 

Delaware ................................................. 420450002 13 .9 12 .4 13 .5 13.3 

Montgomery ............................................ 420910013 11 .7 10 .4 9 .5 10.5 

Philadelphia ............................................ 421010004 13 .0 10 .8 10 .7 11.5 

421010024 12 .0 9 .9 9 .6 10.5 

421010047 13 .5 11 .1 11 .0 11.9 

421010055 13 .5 11 .3 11 .3 12.0 

421010057 13 .3 11 .1 10 .9 11.7 

V. Final Actions 

EPA is making two determinations 

regarding the Philadelphia Area. First, 

EPA is making a determination that the 

Philadelphia Area has attained the 1997 

annual PM2.5 NAAQS. This clean data 

determination suspends the 

requirements for the Philadelphia Area 

to submit an attainment demonstration 

and associated RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 1997 annual PM2.5

NAAQS, as provided in 40 CFR 

51.1004(c), so long as the area continues 

to attain the 1997 annual PM2.5 NAAQS. 

Second, pursuant to section 179(c) of 

the CAA, EPA is making a 

determination that the Philadelphia 

Area has attained the 1997 annual PM2.5

NAAQS by its attainment date, April 5, 

2010. These determinations are based 

upon complete, quality assured, and 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 annual PM2.5

NAAQS for the 2007–2009 and 2008– 

2010 monitoring periods. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on March 23, 2012 without 

further notice unless EPA receives 

adverse comment by February 22, 2012. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

VI. Statutory and Executive Order 

Reviews 

This action makes determinations of 

attainment based on air quality, and 

result in the suspension of certain 

federal requirements. This action does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this 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); 

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Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 3151 

• 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 determination that 

the Philadelphia Area has attained 

the1997 annual PM2.5 NAAQS 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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing these actions and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 23, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This 

determination that the Philadelphia 

Area has attained the 1997 annual PM2.5

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, 

Particulate matter, Reporting and 

record-keeping requirements. 

Dated: December 8, 2011. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

Dated: January 3, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 I—Delaware 

■ 2. Section 52.425 is added to read as 

follows: 

§ 52.425 Determinations of Attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 3. Section 52.427 is added to read as 

follows: 

§ 52.427 Control strategy: Particulate 

matter. 

Determination of Attainment. EPA 

has determined, as of January 23, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Philadelphia-Wilmington, PA–NJ–DE 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), 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 annual PM2.5

NAAQS. 

Subpart FF—New Jersey 

■ 4. Section 52.1576 is added to read as 

follows: 

§ 52.1576 Determinations of Attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 5. Section 52.1602 is amended by 

adding new paragraph (d) to read as 

follows: 

§ 52.1602 Control strategy and 

regulations: PM2.5. 

* * * * * 

(d) Determination of Attainment. EPA 

has determined, as of January 23, 2012, 

that the Philadelphia-Wilmington, PA– 

NJ–DE fine particle (PM2.5) 

nonattainment area has attained the 

1997 PM2.5 National Ambient Air 

Quality Standard. 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, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

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3152 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 

continues to attain the 1997 PM2.5

NAAQS. 

Subpart NN—Pennsylvania 

■ 6. Section 52.2056 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2056 Determinations of Attainment. 

* * * * * 

(f) Based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, EPA determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

fine particle (PM2.5) nonattainment area 

attained the 1997 annual PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard. EPA also determined that the 

Philadelphia-Wilmington, PA–NJ–DE 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

■ 7. Section 52.2059 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of January 23, 2012, 

that based on 2007 to 2009 and 2008 to 

2010 ambient air quality data, the 

Philadelphia-Wilmington, PA–NJ–DE 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), 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 annual PM2.5

NAAQS. 

[FR Doc. 2012–1089 Filed 1–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2011–0407; FRL–9613–6] 

New Mexico: Final Authorization of 

State-Initiated Changes and 

Incorporation-by-Reference of State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of New 

Mexico’s regulations, the EPA identified 

a variety of State-initiated changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). We have determined that 

these changes are minor and satisfy all 

requirements needed to qualify for Final 

authorization and are authorizing the 

State-initiated changes through this 

Direct Final action. 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the Environmental 

Protection Agency (EPA) to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. The 

rule codifies in the regulations the prior 

approval of New Mexico’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s statutes and 

regulations. 

DATES: This regulation is effective 

March 23, 2012, unless the EPA receives 

adverse written comment on this 

regulation by the close of business 

February 22, 2012. If the EPA receives 

such comments, it will publish a timely 

withdrawal of this immediate final rule 

in the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of March 23, 2012 in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

or Julia Banks, Codification Coordinator, 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–201– 

0407. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

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 http:// 

www.regulations.gov, or email. The 

Federal http://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 http:// 

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, 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 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the 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. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm). 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4 p.m. Monday through Friday at the 

following location: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533 or (214) 

665–8178. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator (214) 665– 

8533, or Julia Banks, Codification 

Coordinator, (214) 665–8178, State/ 

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, or 

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