Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 47533 

Dated: July 26, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

Part 52 continues to read as follows: 

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

Subpart M—Hawaii 

■ 2. Amend § 52.620, the table in 

paragraph (e) by adding an entry at the 

end of the table for Hawaii 

Infrastructure State Implementation 

Plan Revision 1997 Ozone, and 1997 

and 2006 Fine Particulate Matter (PM2.5) 

National Ambient Air Quality 

Standards. The added text reads as 

follows: 

§ 52.620 Identification of plan. 

* * * * * 

(e) EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures. 

EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP revision 

Applicable geographic or nonattainment area State 

submittal 

date 

EPA approval date Explanation 

*******

Hawaii Infrastructure State Implementation Plan Revision 1997 

Ozone, and 1997 and 2006 

Fine Particulate Matter (PM2.5) 

National Ambient Air Quality 

Standards.

Statewide ......... 12/14/12 .. 8/9/12, [Insert page 

number where the 

document begins].

Excluding all regulations included in the submission, as these were already addressed in separate actions as listed in table (c) above. This 

action addresses the following CAA elements 

or portions thereof: 110(a)(2)(A), (B), (C), 

(D)(i)(I), (E), (F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2012–19301 Filed 8–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0956; FRL–9696–2] 

Determination of Failure To Attain the 

One-Hour Ozone Standard by 2007, 

Determination of Current Attainment of 

the One-Hour Ozone Standard, 

Determinations of Attainment of the 

1997 Eight-Hour Ozone Standards for 

the New York-Northern New JerseyLong Island Nonattainment Area in 

Connecticut, New Jersey and New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This document corrects an 

error in the regulatory language of a 

final rule pertaining to Clean Data 

determinations for the State of New 

Jersey published June 18, 2012. The 

action announced our approval of four 

separate and independent 

determinations related to the New YorkNorthern New Jersey-Long Island (NY– 

NJ–CT) one-hour and 1997 eight-hour 

ozone nonattainment areas. This action 

corrects erroneous paragraph 

designations in the June 18, 2012 final 

rule. 

DATES: This correction is effective on 

August 9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2011–0956. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: On June 

18, 2012, 77 FR 36163, EPA published 

a final rulemaking action announcing 

our approval of four separate and 

independent determinations related to 

the New York-Northern New JerseyLong Island (NY–NJ–CT) one-hour and 

1997 eight-hour ozone nonattainment 

areas. In that document, § 52.1576 of 

title 40 of the Code of Federal 

Regulations (CFR) was amended, but the 

amendatory instructions inadvertently 

designated an existing paragraph 

incorrectly as (a) and incorrectly 

reserved paragraph (b). The intent of the 

rule was to retain the amendments as 

promulgated on May 16, 2012, 77 FR 

28782 and add two new paragraphs (c) 

and (d) pursuant to the June 18, 2012, 

77 FR 36163. This action corrects the 

erroneous paragraph designations. For 

the convenience of the reader, and to 

ensure it reads correctly, the entire 

§ 52.1576 is set out in the regulatory text 

of this document. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(3)(B). 

Statutory and Executive Order Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

mstockstill on DSK4VPTVN1PROD with RULES

47534 Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations 

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); 

• 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, 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 9, 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, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 31, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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 FF—New Jersey 

■ 2. Section 52.1576 is revised to read 

as follows: 

§ 52.1576 Determinations of attainment. 

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

quality data for the 3-year period 2008 

to 2010, EPA determined that 

Philadelphia-Wilmington-Atlantic City, 

PA–NJ–MD–DE 8-hour ozone moderate 

nonattainment area (the Philadelphia 

Area) attained the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) by the applicable attainment 

date of June 15, 2011. Therefore, EPA 

has met the requirement pursuant to 

CAA section 181(b)(2)(A) to determine, 

based on the area’s air quality as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the Philadelphia Area 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

(b) 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). 

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

quality data for the three-year period 

2005 to 2007, EPA determined, as of 

June 18, 2012, that the New YorkNorthern New Jersey-Long Island (NY– 

NJ–CT) one-hour ozone nonattainment 

area did not meet its applicable onehour ozone attainment date of 

November 15, 2007. Separate from and 

independent of this determination, 

based on 2008–2010 complete, qualityassured ozone monitoring data at all 

monitoring sites in the area, and data for 

2011, EPA determined, as of June 18, 

2012, that the NY–NJ–CT one-hour 

ozone nonattainment area has attained 

the one-hour ozone standard. 

(d) Based upon EPA’s review of 

complete, quality-assured and certified 

air quality data for the three-year period 

2007 to 2009, and data for 2011, EPA 

determined, as of June 18, 2012, that the 

New York-Northern New Jersey-Long 

Island (NY–NJ–CT) eight-hour ozone 

moderate nonattainment area attained 

the 1997 eight-hour ozone NAAQS by 

the applicable attainment date of June 

15, 2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality data as of the 

attainment date, whether the area 

attained the standard. EPA also 

determined that the NY–NJ–CT 

nonattainment area will not be 

reclassified for failure to attain by its 

applicable attainment date under 

section 181(b)(2)(A). 

[FR Doc. 2012–19570 Filed 8–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

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