
[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Proposed Rules]
[Pages 52626-52629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21483]


=======================================================================
-----------------------------------------------------------------------

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 quality-assured, 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

[[Page 52627]]

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 NY-NJ-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.
---------------------------------------------------------------------------

    \1\ EPA'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.
---------------------------------------------------------------------------

    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 NY-NJ-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 ([micro]g/m\3\) based on a 3-
year average of the 98th percentile of 24-hour concentrations and 
retained the annual PM2.5 NAAQS at 15.0 [micro]g/m\3\ 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 NY-
NJ-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

[[Page 52628]]

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 [micro]g/m\3\.
    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 [micro]g/m\3\. 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 ([micro]g/m\3\)
                      [The standard for the 2006 24-hour PM2.5 NAAQS is 35.0 [micro]g/m\3\]
----------------------------------------------------------------------------------------------------------------
                     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 NY-NJ-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.
---------------------------------------------------------------------------

    \2\ PM2.5 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.
    \4\ The 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 [micro]g/m\3\.
    \5\ The 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.
    \7\ The 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.
---------------------------------------------------------------------------

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

[[Page 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-NJ-CT 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-NJ-CT 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 [micro]g/m\3\ 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


