Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45965 

• 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, 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 rule 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 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 October 1, 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 action 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: July 23, 2012. 

Dennis J. McLerran, 

Regional Administrator EPA Region 10. 

For the reasons set out in the 

preamble, title 40, chapter I 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 N—Idaho 

■ 2. Amend the table in § 52.670(e) 

entitled ‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures’’ by adding an entry to the end 

to read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP 

provision 

Applicable geographic or nonattainment 

area 

State submittal 

date EPA approval date Comments 

*******

Northern Ada County Air Quality 

Maintenance Area Second 10- 

year Carbon Monoxide Limited 

Maintenance Plan.

State-wide .............................................. 2/10/11 8/2/12 [Insert page number 

where the document begins].

■ 3. Amend § 52.672 by adding 

paragraph (a)(2) to read as follows: 

§ 52.672 Approval of plans. 

(a) * * * 

(2) EPA approves as a revision to the 

Idaho State Implementation Plan, the 

Northern Ada County Air Quality 

Maintenance Area Second 10-year 

Carbon Monoxide Limited Maintenance 

Plan submitted by the State on February 

10, 2011. 

* * * * * 

[FR Doc. 2012–18787 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0234; FRL–9708–4] 

Determination of Attainment for the 

Paul Spur/Douglas PM10

Nonattainment Area, Arizona; 

Determination Regarding Applicability 

of Clean Air Act Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a 

determination that the Paul Spur/ 

Douglas nonattainment area in Arizona 

is currently attaining the 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, qualityassured ambient air monitoring data for 

the years 2009–2011. Given our 

determination that the Paul Spur/ 

Douglas nonattainment area is currently 

attaining the PM10 NAAQS, EPA is also 

determining that Arizona’s obligation to 

make submissions to meet certain Clean 

Air Act requirements related to 

attainment of the NAAQS is not 

applicable for as long as the Paul Spur/ 

Douglas nonattainment area continues 

to attain the NAAQS and that the 

obligation on EPA to promulgate a 

Federal Implementation Plan to address 

the State’s attainment-related 

requirements is also suspended for as 


sroberts on DSK5SPTVN1PROD with RULES
45966 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

1The Paul Spur/Douglas NA covers 

approximately 220 square miles along the border 

with Mexico within Cochise County. Cities and 

towns within this area include Douglas, 2010 

population 17,378, (U.S. Census) and Pirtleville, 

2010 population 1,744, (U.S. Census). The 2010 

population of Agua Prieta, Mexico, just across the 

border from Douglas, is 78,138 (Instituto Nacional 

de Estadistica y Geografia). 

long as Arizona’s underlying obligation 

is suspended. 

DATES: Effective Date: This rule is 

effective on September 4, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0234 for 

this action. 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: Jerry 

Wamsley, Air Planning Office, AIR–2, 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901, 

telephone number: (415) 947–4111, or 

email address, wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

EPA. We are providing the following 

table of contents for ease of locating 

information in this proposal. 

Table of Contents 

I. EPA’s Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

On May 25, 2012, EPA proposed to 

find that the Paul Spur/Douglas 

nonattainment area (NA) 1 is currently 

attaining the 24-hour PM10 NAAQS 

based on certified and quality-assured 

data from the most recent three-year 

period, 2009–2011, and to suspend 

certain Clean Air Act (CAA) 

requirements related to attainment for 

so long as the area continues to attain 

the standard. See 77 FR 31268; (May 25, 

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 

Paul Spur/Douglas NA 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 threeyear period is less than or equal to one 

at each monitoring site within the 

nonattainment area. See 40 CFR part 50, 

appendix K. 

We described Arizona Department of 

Environmental Quality’s (ADEQ’s) two 

PM10 monitoring sites in the Paul Spur/ 

Douglas area. We noted that ADEQ’s 

annual network plans have met the 

applicable requirements for such plans, 

and based on the findings of our 

technical system audit report, ADEQ’s 

monitoring network meets or exceeds 

the applicable requirements. Finally, we 

noted that ADEQ 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 two PM10

monitoring sites in the Paul Spur/ 

Douglas area for the most recent threeyear period, 2009–2011. We noted that 

the highest annual 24-hour average 

PM10 concentrations over the past three 

years ranged from 46 to 85 mg/m3 at the 

Paul Spur monitor and from 83 to 138 

mg/m3 at the Douglas monitor. As a 

result, we concluded that the area is 

attaining the PM10 standard because the 

expected number of exceedances per 

year for the Paul Spur/Douglas NA was 

less than 1.0. For additional information 

on the PM10 NAAQS, the designation 

and classification of the Paul Spur/ 

Douglas NA, ADEQ’s monitoring 

network plans and certifications, the 

monitoring sites in the Paul Spur/ 

Douglas area, and the data we relied on 

for our clean data finding, please see 77 

FR 31269–31271. 

In conjunction with and based on our 

proposed determination that the Paul 

Spur/Douglas NA is currently attaining 

the PM10 NAAQS, EPA proposed to 

determine that Arizona’s obligation to 

submit revisions to the Arizona State 

Implementation Plan (SIP) to meet the 

following CAA requirements is not 

applicable for so long as the Paul Spur/ 

Douglas NA 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) provisions of 

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

further progress (RFP) provisions of 

section 189(c); and, the attainment 

demonstration, RACM, RFP and 

contingency measure provisions 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 Paul Spur/ 

Douglas NA. In doing so, we noted that 

our application of the Clean Data Policy 

to the Paul Spur/Douglas NA 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 

Paul Spur/Douglas NA, please see 77 FR 

31271–31273. 

Lastly, we noted that suspension of 

the State’s SIP obligation would also 

serve to suspend EPA’s obligation to 

promulgate a Federal Implementation 

Plan (FIP) to address the same 

attainment-related requirements. See 77 

FR 31273–31274. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received a comment from a 

private citizen expressing a general 

skepticism of the ability to regulate 

PM10 in a desert environment; no 

general information and no Paul Spur/ 

Douglas NA specific information was 

provided to support the comment. 

Furthermore, no information was 

provided to dispute either the 2009– 

2011 Paul Spur/Douglas ambient PM10

data, or our proposed suspension of 

attainment-related SIP obligations or the 

related FIP obligations. Therefore, no 

response is necessary. We note, 

however, that many effective measures 

exist to reduce dust from anthropogenic 

sources in desert environments, 

including paving unpaved roads and 

other unpaved surfaces used by motor 

vehicles, restricting off-road vehicle use 

to a designated time of year and/or 

location where the effects can be 

mitigated, and stabilizing soil in areas 

that have been disturbed by human 

activity. 

III. EPA Action 

No comments were submitted that 

change EPA’s assessment of the 2009– 

2011 ambient PM10 data collected in the 

Paul Spur/Douglas NA 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 Paul 

Spur/Douglas NA in Arizona is 

currently attaining the NAAQS for 

PM10. 

EPA is also taking final action to 

determine that Arizona’s obligation to 

make SIP submissions to meet the 

following CAA requirements is not 

applicable for as long as the Paul Spur/ 

Douglas NA continues to attain the PM10

NAAQS: The part D, subpart 4 

obligation to provide an attainment 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45967 

demonstration pursuant to section 

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

control measure (RACM) provisions of 

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

further progress (RFP) provisions of 

section 189(c); and, the attainment 

demonstration, RACM, RFP and 

contingency measure provisions of part 

D, subpart 1 contained in section 172. 

Lastly, EPA finds that our obligation 

to promulgate a FIP addressing the Paul 

Spur/Douglas NA attainment-related 

requirements is suspended for as long as 

the underlying State obligation is 

suspended. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3) because Arizona has 

not submitted a maintenance plan and 

EPA has not approved such a plan for 

the Paul Spur/Douglas NA as meeting 

the requirements of section 175A of the 

CAA, nor has EPA determined that 

Arizona has met the other CAA 

requirements for redesignation. The 

classification and designation status in 

40 CFR part 81 remains moderate 

nonattainment for the Paul Spur/ 

Douglas NA until such time as EPA 

determines that Arizona has met the 

CAA requirements for redesignating the 

Paul Spur/Douglas NA 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 action does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations 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 October 1, 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 action 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 

recordkeeping requirements. 

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

Dated: July 20, 2012. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2012–18666 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 

2011–0044, FRL 9710–1] 

RIN 2060–AR62 

National Emission Standards for 

Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam 

Generating Units and Standards of 

Performance for Fossil-Fuel-Fired 

Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam 

Generating Units: Notice of Partial Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial stay of effectiveness of 

final rule. 

SUMMARY: This action stays the 

effectiveness of national new source 

emission standards for hazardous air 

pollutants from coal- and oil-fired 

electric utility steam generating units 

issued pursuant to Clean Air Act section 

112 that were published in the Federal 

Register on February 16, 2012 (77 FR 

9304). 

DATES: The effective date of 40 CFR 

63.9984(a), 63.10005(g), 63.10030(c), 

Table 1 to subpart UUUUU of 40 CFR 

part 63, and row 2 of Table 3 to subpart 

UUUUU of 40 CFR part 63, published in 

the Federal Register on February 16, 

2012 (77 FR 9304), is stayed until 

November 2, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Maxwell, Energy Strategies 

Group, Sector Policies and Programs 

Division, (D243–01), Office of Air 

Quality Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; Telephone number: (919) 541– 

5430; Fax number (919) 541–5450; 

Email address: maxwell.bill@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 16, 2012, the EPA issued 

the National Emission Standards for 

Hazardous Air Pollutants from CoalVerDate Mar<15>2010 16:21 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\02AUR1.SGM 02AUR1

sroberts on DSK5SPTVN1PROD with RULES