Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 885 

• 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 of 

attainment of the Philadelphia Area 

with respect to the 2006 24-hour PM2.5

NAAQS does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the determination 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. 

B. Submission to Congress and the 

Comptroller General 

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 this action 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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 8, 2013. 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 action, in 

which EPA has determined that the 

Philadelphia Area has attained the 2006 

24-hour 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: December 10, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

Dated: December 13, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

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 I—Delaware 

■ 2. Section 52.427 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.427 Control strategy: Particulate 

matter. 

* * * * * 

(b) Determination of Attainment. EPA 

has also determined, as of January 7, 

2013, that based on 2008 to 2010 and 

2009 to 2011 ambient air quality data, 

the Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the State of DE to 

submit, for the PhiladelphiaWilmington, PA-NJ-DE PM2.5

nonattainment area, 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 2006 24-hour PM2.5 NAAQS. 

Subpart FF—New Jersey 

■ 3. Section 52.1602 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1602 Control strategy and 

regulations: PM2.5. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of January 7, 2013, 

that based on 2008 to 2010 and 2009 to 

2011 ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the PhiladelphiaWilmington, PA-NJ-DE PM2.5

nonattainment 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 2006 24-hour 

PM2.5 NAAQS. 

Subpart NN—Pennsylvania 

■ 4. Section 52.2059 is amended by 

adding paragraph (h) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(h) Determination of Attainment. EPA 

has determined, as of January 7, 2013, 

that based on 2008 to 2010 and 2009 to 

2011 ambient air quality data, the 

Philadelphia-Wilmington, PA-NJ-DE 

fine particulate matter (PM2.5) 

nonattainment area has attained the 

2006 24-hour PM2.5 national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for the Commonwealth of 

Pennsylvania to submit, for the 

Philadelphia-Wilmington, PA-NJ-DE 

PM2.5 area, 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 2006 24-hour PM2.5 NAAQS. 

[FR Doc. 2012–31565 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0446; FRL– 9765–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Determination of Clean Data for the 

1987 PM10 Standard for the Ogden 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a 

determination that the Ogden City 

nonattainment area in Utah is currently 

attaining the 24-hour National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) based 

on certified, quality-assured ambient air 

monitoring data for the years 2009 

through 2011. The State of Utah 

submitted a letter dated March 30, 2000, 

requesting EPA to make a clean data 

determination for the nonattainment 


TKELLEY on DSK3SPTVN1PROD with 
886 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

area of Ogden City. Given our 

determination that the Ogden City 

nonattainment area is currently 

attaining the PM10 NAAQS, EPA is also 

determining that Utah’s obligation to 

make submissions to meet certain Clean 

Air Act (CAA) requirements related to 

attainment of the NAAQS is not 

applicable for as long as the Ogden City 

nonattainment area continues to attain 

the NAAQS. This action is being taken 

under the CAA. 

DATES: This final rule is effective on 

February 6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2012–0446. All 

documents in the docket are listed in 

the www.regulations.gov index. 

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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, U.S. Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6602, 

freeman.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials AQS mean or refer to 

EPA’s Air Quality System database. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standard. 

(v) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter equal to or less than 10 

micrometers (coarse particulate matter). 

(vi) The initials RACM mean or refer 

to reasonably available control 

measures. 

(vii) The initials RFP mean or refer to 

reasonable further progress. 

(viii) The initials SIP mean or refer to 

State Implementation Plan. 

(ix) The words State or Utah mean the 

State of Utah, unless the context 

indicates otherwise. 

(x) The initials UDEQ mean or refer to 

Utah Department of Environmental 

Quality. 

Table of Contents 

I. EPA’s Proposed Action 

II. Response to Comments 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

On July 30, 2012, EPA proposed to 

find that the Ogden City nonattainment 

area is currently attaining the 24-hour 

PM10 NAAQS based on certified and 

quality-assured data from the most 

recent three-year period, 2009 through 

2011, and to suspend certain CAA 

requirements related to attainment for 

so long as the area continues to attain 

the standard. See 77 FR 44544; (July 30, 

2012). 

To summarize our proposed rule, we 

described the 24-hour PM10 NAAQS, 

which is 150 micrograms per cubic 

meter (mg/m3), and reviewed the 

designation and classification of the 

Ogden City nonattainment area for that 

standard. We then discussed how EPA 

makes attainment determinations for 

PM10 and indicated that the 24-hour 

PM10 NAAQS is attained when the 

expected number of exceedances 

averaged over a three-year period is less 

than or equal to one at the monitoring 

site within the nonattainment area. See 

40 CFR part 50, appendix K. 

We described Utah Department of 

Environmental Quality’s (UDEQ’s) one 

PM10 monitoring site in the Ogden City 

nonattainment area. We noted that 

UDEQ has certified the data it submits 

to EPA’s Air Quality System (AQS) 

database as quality-assured. 

Next, we reviewed the ambient PM10

data collected at the monitor site in the 

Ogden City nonattainment area for the 

most recent three-year period, 2009 

through 2011. We concluded that the 

area is attaining the PM10 standard 

because the expected number of 

exceedances per year for 2009 through 

2011 for the Ogden City nonattainment 

area was equal to 1.0. For additional 

information on the PM10 NAAQS, the 

designation and classification of the 

Ogden City nonattainment area, the 

monitoring site, and the data we relied 

on for our clean data determination, 

please see 77 FR 44544. 

In conjunction with, and based on, 

our proposed determination that the 

Ogden City nonattainment area is 

currently attaining the PM10 NAAQS, 

EPA proposed to determine that Utah’s 

obligation to submit revisions to the 

Utah State Implementation Plan (SIP) to 

meet the following CAA requirements is 

not applicable for so long as the Ogden 

City nonattainment area continues to 

attain the PM10 standard: The part D, 

subpart 4 obligation to provide an 

attainment demonstration pursuant to 

section 189(a)(1)(B); the reasonably 

available control measure (RACM) 

requirements of section 189(a)(1)(C); the 

reasonable further progress (RFP) 

requirements of section 189(c); and the 

attainment demonstration, RACM, RFP, 

and contingency measure requirements 

of part D, subpart 1 contained in section 

172. We proposed to suspend these SIP 

requirements based on application of 

the Clean Data Policy to the Ogden City 

nonattainment area. In doing so, we 

noted that our application of the Clean 

Data Policy to the Ogden City 

nonattainment area is consistent with a 

number of actions we have taken for 

other PM10 nonattainment areas that we 

also determined were attaining the 

NAAQS. For a detailed explanation of 

our Clean Data Policy and its 

application to the Ogden City 

nonattainment area, please see 77 FR 

44544. 

II. Response to Comments 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments from 

the public. 

III. EPA Action 

No comments were submitted to 

change our assessment of the 2009 

through 2011 ambient PM10 data 

collected in the Ogden City 

nonattainment area and related finding 

that the area is attaining the NAAQS, or 

our application of the Clean Data Policy 

as described in our proposed action. 

Therefore, EPA is finalizing its 

determination that the Ogden City 

nonattainment area in Utah is currently 

attaining the NAAQS for PM10. 

EPA is also taking final action to 

determine that Utah’s obligation to 

make SIP submissions to meet the 

following CAA requirements is not 

applicable for as long as the Ogden City 

nonattainment area continues to attain 

the PM10 NAAQS: The part D, subpart 

4 obligation to provide an attainment 

demonstration pursuant to section 

189(a)(1)(B); the RACM requirements of 

section 189(a)(1)(C); the RFP 


TKELLEY on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 887 

requirements of section 189(c); and the 

attainment demonstration, RACM, RFP, 

and contingency measure requirements 

of part D, subpart 1 contained in section 

172. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3) because Utah has not 

submitted a maintenance plan and EPA 

has not approved such a plan for the 

Ogden City nonattainment area as 

meeting the requirements of section 

175A of the CAA, nor has EPA 

determined that Utah has met the other 

CAA requirements for redesignation. 

The classification and designation status 

in 40 CFR part 81 remains moderate 

nonattainment for the Ogden City 

nonattainment area until such time as 

EPA determines that Utah has met the 

CAA requirements for redesignating the 

Ogden City nonattainment area to 

attainment. 

IV. Statutory and Executive Order 

Reviews 

With this action, we are making a 

determination regarding attainment of 

the PM10 NAAQS based on air quality 

data and, based on this determination, 

suspending certain Federal 

requirements. Therefore, this action 

would not impose additional 

requirements beyond those imposed by 

State law or by the CAA. 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); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249; November 9, 2000), because 

the determinations discussed herein do 

not apply to Indian Tribes and thus 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 this action 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 8, 2013. 

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 action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: December 17, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2012–31560 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0752; FRL–9766–8] 

Determination of Attainment for the 

Nogales Nonattainment Area for the 

2006 Fine Particle Standard; Arizona; 

Determination Regarding Applicability 

of Clean Air Act Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the Nogales 

nonattainment area in Arizona has 

attained the 2006 24-hour fine particle 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). This determination 

is based upon complete, qualityassured, 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. Based on 

the above determination, 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 are suspended for so long as 

the area continues to attain the 2006 24- 

hour PM2.5 NAAQS. 

DATES: This rule is effective on February 

6, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0752 for 

this action. Generally, documents in the 

docket for this action are 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 at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., 

Confidential Business Information). 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. 


TKELLEY on DSK3SPTVN1PROD with