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[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Rules and Regulations]
[Pages 53772-53773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21560]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0380; FRL- 9723-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Washington; Determination of Clean Data for the 2006 24-Hour Fine 
Particulate Standard for the Tacoma, Pierce County Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a final determination that the Tacoma, Pierce 
County nonattainment area (hereafter referred to as ``Tacoma, Pierce 
County'' or ``the area'') has clean data for the 2006 24-hour fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS). This determination is based upon complete, quality-
assured, quality-controlled, and certified ambient air monitoring data 
showing that the area has monitored attainment of the 2006 
PM2.5 NAAQS based on the 2009-2011 data available in EPA's 
Air Quality System (AQS) database. EPA's determination relieves the 
area from the requirements to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans (SIPs) related to attainment of the standard for 
so long as the area continues to meet the 24-hour 2006 PM2.5 
NAAQS.

DATES: Effective Date: This final rule is effective on October 4, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R10-OAR-2012-0380. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (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 for public inspection during normal business hours at EPA Region 
10, Office of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle WA, 
98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at telephone number: (206) 
553-0256, email address: hunt.jeff@epa.gov, or the above EPA, Region 10 
address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is making a final determination that the Tacoma, Pierce County 
nonattainment area has clean data for the 2006 24-hour PM2.5 
NAAQS. This determination is based upon complete, quality-assured, 
quality-controlled, and certified ambient air monitoring data showing 
that the area has monitored attainment of the 2006 PM2.5 
NAAQS based on 2009-2011 monitoring data.
    On July 5, 2012 (77 FR 39657), EPA proposed a determination of 
clean data for the Tacoma, Pierce County nonattainment area. A 
discussion of the rationale behind this determination and the effect of 
the determination were included in the notice of proposed rulemaking. 
EPA received no comments on this notice of proposed rulemaking.

II. What is the effect of this action?

    Under the provisions of EPA's PM2.5 implementation rule 
(See 40 CFR 51.1004(c)), the requirements for the Tacoma, Pierce County 
nonattainment area to submit an attainment demonstration and associated 
reasonably available control measures (including reasonably available 
control technology), a reasonable further progress plan, contingency 
measures, and any other planning SIPs related to attainment of the 2006 
PM2.5 NAAQS are suspended for so long as the area continues 
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently 
determines that the area violates the 24-hour 2006 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.
    This action does not constitute a redesignation of the area to 
attainment for the 24-hour 2006 PM2.5 NAAQS under section 
107(d)(3) of the Clean Air Act (CAA). Further, this action does not 
involve approving a maintenance plan for the area as required under 
section 175A of the CAA, nor does it find that the area has met all 
other requirements for redesignation. Even after this determination of 
attainment by EPA, the designation status of the area is nonattainment 
for the 24-hour 2006 PM2.5 NAAQS until such time as EPA

[[Page 53773]]

determines that the area meets the CAA requirements for redesignation 
to attainment and takes action to redesignate the area.

III. Statutory and Executive Order Reviews

A. General Requirements

    This action makes a determination of attainment based on air 
quality, and will result in the suspension of certain Federal 
requirements, and will 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);
     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 rulemaking that the Tacoma, Pierce County 
PM2.5 nonattainment area has clean data for the 2006 24-hour 
PM2.5 standard does not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

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 November 5, 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 clean data determination for the 24-hour 2006 PM2.5 
NAAQS for the Tacoma, Pierce County nonattainment area 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.

    Dated: August 20, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

0
2. In Sec.  52.2475, paragraph (e)(4) is added to read as follows:

Sec.  52.2475  Approval of plans.

* * * * *
    (e) * * *
    (4) Tacoma
    (i) Determination of Clean Data. EPA has determined, as of 
September 4, 2012, that based on 2009 to 2011 ambient air quality data 
the Tacoma, Pierce County nonattainment area has attained the 24-hour 
2006 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 51.1004(c), suspends the requirements for the 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 continues to meet the 24-hour 2006 PM2.5 NAAQS.
    (ii) [Reserved]
* * * * *
[FR Doc. 2012-21560 Filed 8-31-12; 8:45 am]
BILLING CODE 6560-50-P
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