52626 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 

East-West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. A 

copy of the petition is also available at 

http://www.regulations.gov, under 

Docket No. CPSC–2012–0049, 

Supporting and Related Materials. 

Dated: August 24, 2012. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–21364 Filed 8–29–12; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2012–0504; 

FRL–9723–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York, New Jersey, and Connecticut; 

Determination of Attainment of the 

2006 Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the New York-N. New Jersey-Long 

Island, NY-NJ-CT fine particle (PM2.5) 

nonattainment area has attained the 

2006 24-hour fine particle National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data that shows the area has 

monitored attainment of the 2006 24- 

hour PM2.5 NAAQS for the 2007–2009 

and 2008–2010 monitoring periods and 

continues to show attainment through 

2011. If this proposed determination is 

made final, the requirements for this 

area to submit an attainment 

demonstration, reasonably available 

control measures, reasonable further 

progress plan, and contingency 

measures related to attainment of the 

2006 24-hour PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. 

DATES: Comments must be received on 

or before October 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2012–0504, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov 

• Fax: 212–637–3901 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2012– 

0504. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that 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, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposed action related to New York or 

New Jersey, please contact Gavin Lau, 

Air Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, telephone number (212) 637– 

3708, fax number (212) 637–3901, email 

lau.gavin@epa.gov. 

If you have questions concerning 

today’s proposed action related to 

Connecticut, please contact Alison C. 

Simcox, Air Quality Planning Unit, 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, Mail Code 

OEP05–02, Boston, MA 02109–3912, 

telephone number (617) 918–1684, fax 

number (617) 918–0684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

detailed information regarding this 

proposal, EPA prepared a Technical 

Support Document (TSD). The TSD can 

be viewed at http:// 

www.regulations.gov. 

The following table of contents 

describes the format of this notice: 

I. What action is EPA proposing? 

II. What is the effect of this action? 

III. What is the background for this action? 

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

quality data? 

V. How did EPA address missing data? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

EPA is proposing to determine that 

the New York-N. New Jersey-Long 

Island, NY-NJ-CT PM2.5 nonattainment 

area, referred to from this point forward 

as the NY-NJ-CT PM2.5 nonattainment 

area, has attained the 2006 24-hour 

PM2.5 NAAQS. This proposed 

determination is based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

that show that the area has monitored 

attainment of the 2006 24-hour PM2.5

NAAQS for the 2007–2009 and 2008– 

2010 monitoring periods and continues 

to attain through 2011. The New York 

portion of the NY-NJ-CT PM2.5

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 52627 

1EPA’s implementation guidance for the 2006 24- 

hour PM2.5 NAAQS was issued on March 2, 2012 

and is available at http://www.epa.gov/ttn/naaqs/

pm/pdfs/20120302_implement_guidance_24-hr_

pm2.5_naaqs.pdf. 

nonattainment area contains the 

counties of Bronx, Kings, Nassau, New 

York, Orange, Queens, Richmond, 

Rockland, Suffolk, and Westchester. The 

New Jersey portion of the NY-NJ-CT 

PM2.5 nonattainment area contains the 

counties of Bergen, Essex, Hudson, 

Mercer, Middlesex, Monmouth, Morris, 

Passaic, Somerset, and Union. The 

Connecticut portion of the NY-NJ-CT 

PM2.5 nonattainment area includes the 

counties of Fairfield and New Haven. 

EPA received requests from the States 

of Connecticut, New Jersey, and New 

York (States) for the determination of 

attainment for the 2006 24-hour PM2.5

NY-NJ-CT PM2.5 nonattainment area. 

The States submitted air monitoring 

data, design value trends, and 

summaries of PM2.5 emissions control 

programs. The information provided by 

the States supports the proposed 

determination being made by EPA that 

the NY-NJ-CT PM2.5 nonattainment area 

has attained and continues to attain the 

2006 24-hour PM2.5 NAAQS. Copies of 

the information submitted by the States 

are available in the TSD. 

II. What is the effect of this action? 

The proposed determination, if 

finalized, under the provisions of EPA’s 

PM2.5 implementation rule (see 40 CFR 

51.1004(c) and further reaffirmed in the 

implementation guidance for the 2006 

24-hour PM2.5. NAAQS) 1 would: (1) 

Suspend the requirements for the NYNJ-CT PM2.5 nonattainment area to 

submit an attainment demonstration, 

reasonably available control measures, 

reasonable further progress plan, and 

contingency measures related to the 

attainment of the 2006 24-hour PM2.5

NAAQS; (2) continue until such time, if 

any, that EPA subsequently determines 

that the area has violated the 2006 24- 

hour PM2.5 NAAQS; (3) be separate from 

the designation determination or 

requirements for the NY-NJ-CT PM2.5

nonattainment area based on the 1997 

annual PM2.5 NAAQS; and (4) remain in 

effect regardless of EPA’s designation of 

this area as a nonattainment area for 

purposes of the 1997 annual PM2.5

NAAQS. Furthermore, as described 

below, any such final determination 

would not be equivalent to the 

redesignation of the area to attainment 

based on the 2006 24-hour NAAQS. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 2006 24-hour PM2.5

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist, 

and the area would thereafter have to 

address the pertinent requirements. 

The determination that EPA proposes 

with this Federal Register action, that 

the air quality data shows attainment of 

the 2006 24-hour PM2.5 NAAQS, is not 

equivalent to the redesignation of the 

area to attainment. This proposed 

action, if finalized, would not constitute 

a redesignation to attainment under 

section 107(d)(3) of the Clean Air Act 

(CAA), because we would not yet have 

approved a maintenance plan for the 

area as required under section 175A of 

the CAA, nor a determination that the 

area has met the other requirements for 

redesignation. The designation status of 

the area would remain nonattainment 

for the 2006 24-hour PM2.5 NAAQS until 

such time as EPA determines that it 

meets the CAA requirements for 

redesignation to attainment. 

This proposed action, if finalized, is 

limited to a determination that the NYNJ-CT PM2.5 nonattainment area has 

attained the 2006 24-hour PM2.5

NAAQS. The 2006 24-hour PM2.5

NAAQS became effective on December 

18, 2006 (71 FR 61144, October 17, 

2006) and is set forth at 40 CFR 50.13. 

Effective December 14, 2009, EPA made 

designation determinations, as required 

by CAA section 107(d)(1), for the 2006 

24-hour PM2.5 NAAQS (74 FR 58688, 

November 13, 2009). EPA’s proposed 

rulemaking action here addresses only 

the 2006 24-hour PM2.5 NAAQS, and 

has no bearing on any other NAAQS, 

including any future revised NAAQS. 

EPA’s proposed rulemaking action in 

this notice is restricted to EPA’s 

determination that the NY-NJ-CT PM2.5

nonattainment area is attaining the 2006 

24-hour PM2.5. This proposed action has 

no effect on control measures, or air 

quality, in the area.

If this proposed determination is 

made final and the NY-NJ-CT PM2.5

nonattainment area continues to 

monitor attainment of the 2006 24-hour 

PM2.5 NAAQS, the requirements for the 

area to submit attainment 

demonstrations, reasonably available 

control measures, reasonable further 

progress plans, and contingency 

measures related to attainment of the 

2006 24-hour PM2.5 NAAQS would 

remain suspended. 

III. What is the background for this 

action? 

On September 21, 2006, EPA 

established a 24-hour PM2.5 NAAQS at 

35.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of the 

98th percentile of 24-hour 

concentrations and retained the annual 

PM2.5 NAAQS at 15.0 mg/m3 based on a 

3-year average of the annual mean (71 

FR 61144). EPA established the 

standards based on significant evidence 

and numerous health studies 

demonstrating that serious health effects 

are associated with exposures to 

particulate matter. The process for 

designating areas following 

promulgation of a new or revised 

NAAQS is contained in section 

107(d)(1) of the CAA. EPA and state air 

quality agencies initiated the monitoring 

process for the PM2.5 NAAQS in 1999, 

and deployed all air quality monitors by 

January 2001. On November 13, 2009, 

(74 FR 58688), EPA published its air 

quality designations with respect to the 

2006 24-hour PM2.5 NAAQS based upon 

air quality monitoring data from those 

monitors for calendar years 2006–2008. 

These designations became effective on 

December 14, 2009. The NY-NJ-CT 

PM2.5 area was designated as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. This proposed 

determination addresses the 2006 24- 

hour standard only. 

On November 15, 2010 (75 FR 69589), 

EPA made the determination that the 

NY-NJ-CT PM2.5 nonattainment area 

attained the 1997 annual PM2.5 NAAQS. 

On April 25, 2007 (72 FR 20586), EPA 

promulgated its implementation rule to 

assist states and tribes with the 

development of State Implementation 

Plans (SIPs) to demonstrate attainment 

of the annual and 24-hour 1997 PM2.5

NAAQS, codified at 40 CFR part 51, 

subpart Z. This rule, at 40 CFR 

51.1004(c), specifies some of the 

regulatory consequences of a 

determination of attainment of the 

standard. 

On March 2, 2012, EPA provided 

implementation guidance for the 2006 

24-hour PM2.5 NAAQS. The 2012 

guidance reaffirms and continues to use 

the framework and policy approaches of 

the April 25, 2007 rule. The 2006 24- 

hour PM2.5 NAAQS implementation 

guidance includes additional guidance 

for states in developing their SIPs. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded in the EPA 

Air Quality System database for the NYNJ-CT PM2.5 nonattainment area from 

2006 through the present time. On the 

basis of that review, EPA has concluded 

that this area has attained the 2006 24- 

hour PM2.5 NAAQS based on data for 

the 2007–2009 and 2008–2010 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

52628 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 

2PM2.5 Design Values can be found at: http:// 

www.epa.gov/airtrends/values.html. 

3 Data reported is the 98th percentile 

concentration from certified, complete, and quality 

assured data for the highest reading monitor in the 

county for 2011. 

4The monitor located in Nassau County had 

incomplete data for 2007 which lead to the inability 

to calculate design values for the periods of 2005– 

2007, 2006–2008, and 2007–2009. The monitor did 

not show previous violations and therefore it was 

deemed that determining the design values though 

alternative procedures was not necessary. The 

2008–2010 design value was 25 mg/m3. 

5The monitor in New York County located at 

Public School 59 was the highest reading monitor 

in the County at the time EPA made designations 

for the 2006 PM2.5 NAAQS. Midway through 2008, 

the monitor at PS 59 was shut down due to the 

demolition of the building site. Missing 2008 data 

had an effect on calculating the design value for the 

24-hour standard. EPA used an alternative 

procedure to determine the design value for the 24- 

hour standard. A description of the alternate 

procedure can be found in Section V. Detailed 

information on this alternative procedure can be 

found in the Technical Support Document. 

6 Design Value was calculated using the 

alternative procedure described in Section V. 

Detailed information on this alternative procedure 

can be found in the Technical Support Document. 

7The air monitor at the Newark Willis Center 

station in Essex County was discontinued on July 

24, 2008 due to an unexpected loss of access, and 

replaced with a new monitor at the Newark 

Firehouse. PM2.5 monitoring was established at the 

firehouse on May 13, 2009. EPA used an alternative 

procedure to determine the design value for the 24- 

hour standard. A description of the alternate 

procedure can be found in Section V. Detailed 

information on this alternative procedure can be 

found in the Technical Support Document. 

monitoring periods and continues to 

show attainment through 2011. 

Under EPA regulations at 40 CFR 

50.13(c): The 24-hour primary and 

secondary PM2.5 standards are met when 

the 98th percentile 24-hour 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

35.0 mg/m3. 

Table 1 shows the design values by 

county (i.e., the 3-year average of 98th 

percentile 24-hour PM2.5

concentrations) for the 2006 24-hour 

PM2.5 NAAQS for the NY-NJ-CT PM2.5

nonattainment area monitors for the 

years 2006 through 2010 based on 

complete (except where otherwise 

noted), quality-assured and certified air 

quality monitoring data. As shown in 

Table 1, none of the design values for 

the periods of 2007–2009 and 2008– 

2010 in the NY-NJ-CT PM2.5

nonattainment area exceed the 2006 24- 

hour PM2.5 NAAQS of 35.0 mg/m3. Table 

1 also provides certified, complete, and 

quality assured 98th percentile 24-hour 

concentrations for 2011 which show 

continued attainment of the 24-hour 

PM2.5 NAAQS. 

TABLE 1—DESIGN VALUES 2 BY COUNTY FOR THE 2006 24-HOUR PM2.5 NAAQS FOR THE NY-NJ-CT MONITORS IN

MICROGRAMS PER CUBIC METER (μG/M3) 

[The standard for the 2006 24-hour PM2.5 NAAQS is 35.0 μg/m3] 

County 06–08 

DV 

07–09 

DV 

08–10 

DV 2011 3

NY: 

Bronx ........................................................................................................ 36 33 29 27 

Kings ......................................................................................................... 34 30 27 24 

Nassau 4 .................................................................................................... INC INC 25 23 

New York 5 ................................................................................................ 37 6 33 6 31 27 

Orange ...................................................................................................... 28 26 24 21 

Queens ..................................................................................................... 32 30 28 25 

Richmond .................................................................................................. 30 29 26 24 

Rockland ................................................................................................... NM NM NM NM 

Suffolk ....................................................................................................... 29 26 25 22 

Westchester .............................................................................................. 32 29 28 23 

NJ: 

Bergen ...................................................................................................... 35 31 28 24 

Essex 7 ...................................................................................................... INC 6 30 6 26 24 

Hudson ..................................................................................................... 38 32 29 26 

Mercer ....................................................................................................... 33 29 27 28 

Middlesex .................................................................................................. 31 27 23 21 

Monmouth ................................................................................................. NM NM NM NM 

Morris ........................................................................................................ 29 26 23 24 

Passaic ..................................................................................................... 33 30 INC 25 

Somerset .................................................................................................. NM NM NM NM 

Union ........................................................................................................ 36 6 32 30 33 

CT: 

Fairfield ..................................................................................................... 33 31 28 29 

New Haven ............................................................................................... 34 31 29 28 

NM—No monitor located in county. 

INC—All counties listed as INC did not meet 75 percent data completeness requirement for the relevant time period. 

EPA’s review of monitoring data 

indicates that, for the periods of 2007– 

2009 and 2008–2010 and 2011, the NYNJ-CT PM2.5 nonattainment area has 

met, and continues to meet, the 2006 24- 

hour PM2.5 NAAQS. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

V. How did EPA address missing data? 

Data handling conventions and 

computations necessary for determining 

whether areas have met the PM2.5

NAAQS, including requirements for 

data completeness, are listed in 

Appendix N of 40 CFR part 50. 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/ 

relocation, monitoring diligence, and 

nearby concentrations in determining 

whether to use such data as set forth at 

40 CFR part 50, Appendix N, section 

4.1(c). Five monitors in the NY-NJ-CT 

PM2.5 nonattainment area with less than 

complete data were examined to 

determine if the monitors would have 

attained the 24-hour PM2.5 NAAQS had 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Proposed Rules 52629 

they collected complete data. EPA had 

previously addressed less than complete 

data in the determination of attainment 

for the NY-NJ-CT PM2.5 nonattainment 

area for the 1997 annual standard 

NAAQS (see 75 FR 45076, 45079 

(August 2, 2010), 75 FR 69589 

(November 15, 2010)). The same 

statistical based method used to 

examine less than complete data for the 

1997 annual PM2.5 NAAQS was used for 

this action regarding the 2006 24-hour 

PM2.5 NAAQS. 

The statistical method used addressed 

less than complete data by determining 

if a monitor would have been in 

attainment of the NAAQS had it 

operated to completeness from 2007– 

2009 and 2008–2010. The approach 

summarized in this section, and further 

described in the TSD, may or may not 

be appropriate for other areas with less 

than complete data. EPA will determine 

the appropriateness of this analytical 

approach for each area with less than 

complete data on a case-by-case basis. In 

this case, EPA has determined that it is 

appropriate to use this statistical 

method for the NY-NJ-CT PM2.5

nonattainment area due to the 

adequateness of the monitoring network 

in the nonattainment area, historical air 

quality trends, and valid explanations 

for completeness issues. 

EPA determined the adequacy of the 

monitoring network by examining the 

number and placement of monitors 

located in the nonattainment area 

through annual monitoring reviews and 

approval of network plans. The NY-NJCT PM2.5 nonattainment area is required 

to have 3 monitors and the 

nonattainment area had 42 in 2009. The 

States of New York, New Jersey, and 

Connecticut meet annually with EPA to 

discuss issues or concerns with air 

monitoring, data, and network. The 

three states also have approved network 

plans. Copies of the approved annual 

network review letters are available in 

the TSD. 

Methodology 

The method used to determine the 

design value for monitors with 

incomplete data involves establishing a 

linear relationship between incomplete 

monitors and another site in the NY-NJCT PM2.5 nonattainment area that has 

more complete data for the missing 

period and has a substantial number of 

samples in common over the period of 

interest. The same method was used for 

each incomplete monitor that had 

previously violated the NAAQS. The 

monitor in the nonattainment area that 

had complete data and had the highest 

correlation with an incomplete monitor 

was used to develop a regression 

equation. The regression equation was 

used to estimate values for the missing 

quarters of data for an incomplete 

monitor. The design value for each 

incomplete monitor was then calculated 

using the estimated values to fill in for 

the missing quarters. The estimated 

design value was then analyzed using a 

bootstrapping statistical method. 

Bootstrapping involves the use of 

regression residuals and repeating the 

regression analysis 1000 times. There 

were no exceedances of the NAAQS as 

a result of the bootstrapping analysis. 

The result of the analysis determined 

that the design value for 5 monitoring 

sites that: (1) Had incomplete 

monitoring data during 2006–2008, 

2007–2009, and/or 2008–2010, (2) had 

previously violated the 2006 annual 

PM2.5 NAAQS, and (3) did not have 

clean data subsequent to their latest 

violation, would be below the 2006 24- 

hour PM2.5 NAAQS of 35.0 mg/m3 if they 

had operated the entire monitoring time 

period. The 5 previously incomplete 

sites in the NY-NJ-CT PM2.5

nonattainment area were: Newark-Willis 

Center in Essex County, NJ; Elizabeth 

Lab in Union County, NJ (only 

incomplete for 2007–2009); and PS 59, 

Canal Street, and PS 19, in New York 

County, NY. The detailed statistical 

analysis performed to obtain the 

completed design values for these 

monitors can be found in the TSD. 

VI. Proposed Action 

EPA is proposing to determine that 

the NY-NJ-CT PM2.5 nonattainment area 

for the 2006 24-hour PM2.5 NAAQS has 

attained the 2006 24-hour PM2.5 NAAQS 

for the 2007–2009 and 2008–2010 

monitoring periods and continues to 

attain the standard based on data 

through 2011. As provided in 40 CFR 

51.1004(c), if EPA finalizes this 

determination, it would suspend the 

requirements for this area to submit 

attainment demonstrations, reasonably 

available control measures, reasonable 

further progress plans, and contingency 

measures related to attainment of the 

2006 24-hour PM2.5 NAAQS so long as 

the area continues to attain the 2006 24- 

hour PM2.5 NAAQS. 

VIII. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data, 

and would, if finalized, result in the 

suspension of certain Federal 

requirements. For that reason, this 

proposed action: 

Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

Is certified as not having a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.); 

Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: July 31, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Dated: August 7, 2012. 

H. Curtis Spalding, 

Regional Administrator, Region 1. 

[FR Doc. 2012–21483 Filed 8–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS