[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67462-67463]
[FR Doc No: 2014-26869]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0194]

Cotton Dust Standard; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Cotton Dust
Standard (29 CFR 1910.1043).

DATES: Comments must be submitted (postmarked, sent, or received) by
January 12, 2015.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0194,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0194) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3468,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The information collection requirements specified in the Cotton
Dust Standard protect workers from the adverse health effects that may
result from their exposure to cotton dust. The major information
collection requirements of the Cotton Dust Standard include: performing
exposure monitoring, including initial, periodic,

and additional monitoring; notifying each worker of their exposure
monitoring results either in writing or by posting; implementing a
written compliance program; and establishing a respiratory protection
program in accord with OSHA's Respiratory Protection Standard (29 CFR
1910.134).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting to increase its current burden hours from 20,558
to 22,381 hours, a total increase of 1,823 hours. Although the cost of
exposure monitoring sampling increased slightly from $19 to $20, there
was a $14,976 increase in the overall cost of sampling (from $79,344 to
$94,320). Further, although the cost of a medical exam increased from
$175 to $187, there was a $976,550 increase in the overall cost of
medical exams (from $2,369,850 to $2,848,384), as a result of the
increase in the number of medical exams.
    Type of Review: Extension of a currently approved collection.
    Title: Cotton Dust Standard (29 CFR 1910.1043).
    OMB Control Number: 1218-0061.
    Affected Public: Business or other for-profits.
    Number of Respondents: 257.
    Frequency of Responses: Annually; semi-annually; on occasion.
    Total Responses: 59,718.
    Average Time per Response: Varies from 5 minutes (.08 hour) for a
secretary to maintain a record to 2 hours to conduct exposure
monitoring.
    Estimated Total Burden Hours: 22,381.
    Estimated Cost (Operation and Maintenance): $2,942,704.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0194). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov Web site to submit comments and access
the docket is available at the Web site's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
from the Web site and for assistance in using the Internet to locate
docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice isthe Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor'sOrder No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on November 7, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-26869 Filed 11-12-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 882-885]
[FR Doc No: 2012-31565]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0371; FRL-9765-9]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determination of Attainment of
the 2006 24-Hour Fine Particulate Matter Standard for the Philadelphia-
Wilmington, PA-NJ-DE Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a determination of attainment regarding the
Philadelphia-Wilmington, PA-NJ-DE fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as ``the
Philadelphia Area'' or ``the Area''). EPA has determined that the
Philadelphia Area has attained the 2006 24-hour PM2.5
National Ambient Air Quality Standard (NAAQS), based upon quality-
assured, quality-controlled and certified ambient air monitoring data
for the 2008-2010 and 2009-2011 periods. Preliminary data available for
2012 are consistent with continued attainment of the Philadelphia Area.
This determination of attainment suspends the requirements for the
respective state portions of the Philadelphia Area to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to the attainment of the standard for so long as the Area
continues to attain the 2006 24-hour PM2.5 NAAQS. This
action is being taken under the Clean Air Act (CAA). This action does
not constitute a redesignation to attainment, and the Philadelphia Area
will remain designated nonattainment for the 2006 24-hour
PM2.5 NAAQS until such time as EPA determines that the
Philadelphia Area, or portion thereof, meets the CAA requirements for
redesignation to attainment for the standard, including an approved
maintenance plan.

DATES: This final rule is effective on January 7, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0371. 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 the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: For inquiries related to the State of
Delaware or the Commonwealth of Pennsylvania, please contact Emlyn
V[eacute]lez-Rosa,<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>For inquiries related to the State of New Jersey,
please contact Gavin Lau,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. Background
II. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On September 21, 2006, EPA retained the 1997 annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
(hereby ``the 2006 annual PM2.5 NAAQS'') based on a 3-year
average of annual mean PM2.5 concentrations, and promulgated
a new 24-hour standard of 35 [mu]g/m\3\ based on a 3-year average of
the 98th percentile of 24-hour concentrations (71 FR 61144, October 17,
2006). The revised 2006 24-hour PM2.5 standard (hereafter
``the 2006 24-hour PM2.5 NAAQS'') became effective on
December 18, 2006. See 40 CFR 50.13.
    Many petitioners challenged aspects of EPA's 2006 revisions to the
PM2.5 NAAQS. See American Farm Bureau Federation and
National Pork Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir.
2009). As a result of this challenge, the U.S. Court of Appeals for the
District of Columbia Circuit remanded the 2006 annual PM2.5
NAAQS to EPA for further proceedings. The 2006 24-hour primary and
secondary PM2.5 NAAQS were not affected by the remand and
remain in effect.
    On November 13, 2009, EPA published designations for the 2006 24-
hour PM2.5 NAAQS (74 FR 58688), which included the
Philadelphia Area as a nonattainment area. Designations became
effective on December 14, 2009. The Philadelphia Area is composed of
New Castle County in Delaware; Burlington, Camden, and Gloucester
Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties in Pennsylvania. See 40 CFR 81.339
(Pennsylvania), 40 CFR 81.331 (New Jersey), and 40 CFR 81.308
(Delaware).
    On October 2, 2012 (77 FR 60089), EPA published a notice of
proposed rulemaking (NPR) for the States of Delaware and New Jersey and
the Commonwealth of Pennsylvania, proposing to determine that the
Philadelphia Area has attained the 2006 24-hour PM2.5 NAAQS,
based on the quality-controlled, quality-assured, and certified data
from 2008-2010 and 2009-2011 monitoring periods. Preliminary data
available for 2012 are consistent with continued attainment of the
Philadelphia Area.
    EPA's determination is being made in accordance with its
longstanding interpretation under the Clean Data Policy, and with
previously issued rules and determinations of attainment. A brief
description of the Clean Data Policy with respect to the 2006 24-hour
PM2.5 NAAQS is set forth below. In addition, the docket for
this rulemaking includes documentation providing more detail regarding
the application of EPA's Clean Data Policy to determinations of
attainment for the 2006 24-hour PM2.5 NAAQS.
    In April 2007, EPA issued its PM2.5 Implementation Rule
for the 1997 annual PM2.5 NAAQS. 72 FR 20586 (April 25,
2007). In March 2012, EPA published implementation guidance for the
2006 24-hour PM2.5 NAAQS. See Memorandum from Stephen D.
Page, Director, Office of Air Quality Planning and Standards,
``Implementation Guidance for the 2006 24-Hour Final Particle
(PM2.5) National Ambient Air Quality Standards (NAAQS)''
(March 2, 2012). In that guidance, EPA stated its view ``that the
overall framework and policy approach of the 2007 PM2.5
Implementation Rule continues to provide effective and appropriate
guidance on the EPA's interpretation of the general statutory
requirements that states should address in their SIPs. In general, the
EPA believes that the interpretations of the statute in the framework
of the 2007 PM2.5 Implementation Rule are relevant to the
statutory requirements for the 2006 24-hour PM2.5 NAAQS * *
* .'' Id. at page 1.
    In keeping with the principles set forth in the guidance, and with
respect to the effect of a determination of attainment for the 2006 24-
hour PM2.5 NAAQS, EPA is applying the same interpretation
with respect to the implications of clean data determinations that it
set forth in the preamble to the 1997 annual PM2.5 NAAQS and
in the regulation that embodies this interpretation. 40 CFR
51.1004(c).\1\ EPA has long applied this interpretation in regulations
and individual rulemakings for the 1-hour ozone and 1997 8-hour ozone
NAAQS, the coarse particulate matter (PM10) NAAQS, and the
lead NAAQS.
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    \1\ While EPA recognizes that 40 CFR 51.1004(c) does not itself
expressly apply to the 2006 24-hour PM2.5 NAAQS, the
statutory interpretation that it embodies is identical and is
applicable to both the 1997 annual and the 2006 24-hour
PM2.5 NAAQS.
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    In 1995, based on the interpretation of CAA sections 171 and 172,
and section 182 in the General Preamble, EPA set forth what has become
known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS. See
Memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, ``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard'' (May 10, 1995). In 2004,
EPA indicated its intention to extend the Clean Data Policy to the
PM2.5 NAAQS. See Memorandum from Steve Page, Director, EPA
Office of Air Quality Planning and Standards, ``Clean Data Policy for
the Fine Particle National Ambient Air Quality Standards'' (December
14, 2004).
    The Clean Data Policy represents EPA's interpretation that certain
requirements of subpart 1 of part D of the CAA are by their terms not
applicable to areas that are currently attaining the NAAQS.\2\ It is
important to note that the obligation of a state with respect to an
area which attains the 2006 24-hour PM2.5 NAAQS based on
three years of data, to submit an attainment demonstration and related
planning submissions is suspended only for so long as the area
continues to attain the standard. If EPA subsequently determines, after
notice-and-comment rulemaking, that the area has violated the NAAQS,
the requirements for the state to submit a SIP to meet the previously
suspended requirements would be reinstated. It is likewise important to
note that the area remains designated nonattainment pending a further
redesignation action. The docket

for this rulemaking action includes documentation providing additional
information regarding the basis for use of EPA's Clean Data Policy for
the 2006 24-hour PM2.5 NAAQS.
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    \2\ This discussion refers to subpart 1 of the CAA because
subpart 1 contains the requirements relating to attainment of the
2006 24-hour PM2.5 NAAQS.
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II. Summary of Action

    In this rulemaking action, EPA is finalizing the determination of
attainment of the 2006 24-hour PM2.5 NAAQS for the
Philadelphia Area, based on the quality-controlled, quality-assured,
and certified data from 2008-2010 and 2009-2011 monitoring periods and
preliminary data for 2012. EPA previously determined that the
PM2.5 monitoring network for the Philadelphia Area is
adequate. EPA found that the number of monitors in the Area meets the
minimum regulatory requirements given in 40 CFR part 58, appendix D,
section 4.7, and that the monitoring network in place is in accordance
with the States' most recent annual monitoring network plans approved
by EPA, as required by 40 CFR 58.10.
    EPA's review of quality-assured, quality-controlled, certified
ambient air monitoring data collected in the Philadelphia Area during
2008-2010 and 2009-2011 shows that the Area has attained the 2006 24-
hour PM2.5 NAAQS. Additionally, preliminary PM2.5
data available for 2012 is consistent with continued attainment of the
2006 24-hour PM2.5 NAAQS in the Philadelphia Area.
    No public comments were submitted in response to the NPR, published
on October 2, 2012 (77 FR 60089). EPA's evaluation of air quality data
and additional information regarding the monitoring network and air
quality data used in this determination are available in the NPR and in
the Technical Support Document for the NPR and thus are not restated
here. Relevant support documents for this action are available online
at www.regulations.gov, Docket number EPA-R03-OAR-2012-0371.

 III. Final Action

    EPA is making a determination that the Philadelphia Area has
attained the 2006 24-hour PM2.5 NAAQS, based upon quality-
controlled, quality-assured and certified ambient air monitoring data
for the 2008-2010 and 2009-2011 periods. Preliminary data available for
2012 are consistent with continued attainment. This final action, in
accordance with the Clean Data Policy (which is reflected in 40 CFR
51.1004(c)), suspends the requirements for the Philadelphia Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and other planning SIP revisions related to the
attainment of the standard, for so long as the Area continues to attain
the 2006 24-hour PM2.5 NAAQS. This determination is not
equivalent to the redesignation of the Philadelphia Area to attainment
for the 2006 24-hour PM2.5 NAAQS. If 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 would
no longer exist for the Philadelphia Area, and the Area would
thereafter have to address the applicable requirements for the 2006 24-
hour PM2.5 NAAQS.
    Finalizing this determination does not constitute a redesignation
of the Philadelphia Area to attainment of the 2006 24-hour
PM2.5 NAAQS under section 107(d)(3) of the CAA, nor does it
involve approving a maintenance plan for the Philadelphia Area as
required under section 175A of the CAA. This determination does not
address other requirements for redesignation under the CAA, including
that the attainment be due to permanent and enforceable emission
reductions.\3\ The designation status of the Philadelphia Area will
remain nonattainment for the 2006 24-hour PM2.5 NAAQS until
such time as EPA determines that the Area meets the CAA requirements
for redesignation to attainment and takes action to redesignate the
Philadelphia Area, or portion thereof.
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    \3\ The monitoring data from the 2008-2010 and 2009-2011
monitoring periods that are relied on in this notice may be impacted
by reductions associated with the Clean Air Interstate Rule (CAIR),
which was remanded to EPA in 2008. See North Carolina v. EPA, 531
F.3d 896, as modified on reh'g, 550 F.3d 1176 (D.C. Cir. 2008).
Nonetheless, because this determination addresses only whether the
monitoring data shows attainment, at this time EPA need not address
whether such attainment was due to the remanded CAIR.
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    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. A
delayed effective date is unnecessary due to the nature of a
determination of attainment, which suspends the obligation to submit
certain attainment-related CAA planning requirements that would
otherwise apply. The immediate effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's rule
relieves the affected states of the obligation to submit certain
attainment-related planning requirements for this PM2.5
nonattainment area. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this action to become effective on the date of
publication of this notice.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action, which makes a determination of attainment for the
Philadelphia Area based on air quality, results in the suspension of
certain Federal requirements and does not impose any 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 determination of attainment of the Philadelphia
Area with respect to the 2006 24-hour PM2.5 NAAQS does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the determination 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.

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 March 8, 2013. 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, in which EPA has determined that the Philadelphia
Area has attained the 2006 24-hour PM2.5 NAAQS, 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, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: December 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
    Dated: December 13, 2012.
Judith A. Enck,
Regional Administrator, Region II.

    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 I--Delaware

0
2. Section 52.427 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:

Sec.  52.427  Control strategy: Particulate matter.

* * * * *
    (b) Determination of Attainment. EPA has also determined, as of
January 7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient
air quality data, the Philadelphia-Wilmington, PA-NJ-DE fine
particulate matter (PM2.5) nonattainment area has attained
the 2006 24-hour PM2.5 national ambient air quality
standards (NAAQS). This determination suspends the requirements for the
State of DE to submit, for the Philadelphia-Wilmington, PA-NJ-DE
PM2.5 nonattainment area, 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 this area continues to meet
the 2006 24-hour PM2.5 NAAQS.

Subpart FF--New Jersey

0
3. Section 52.1602 is amended by adding paragraph (e) to read as
follows:

Sec.  52.1602  Control strategy and regulations: PM2.5.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of January
7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air
quality data, the Philadelphia-Wilmington, PA-NJ-DE fine particulate
matter (PM2.5) nonattainment area has attained the 2006 24-
hour PM2.5 national ambient air quality standards (NAAQS).
This determination suspends the requirements for the Philadelphia-
Wilmington, PA-NJ-DE PM2.5 nonattainment 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 this area continues to meet the 2006 24-hour PM2.5 NAAQS.

Subpart NN--Pennsylvania

0
4. Section 52.2059 is amended by adding paragraph (h) to read as
follows:

Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (h) Determination of Attainment. EPA has determined, as of January
7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air
quality data, the Philadelphia-Wilmington, PA-NJ-DE fine particulate
matter (PM2.5) nonattainment area has attained the 2006 24-
hour PM2.5 national ambient air quality standards (NAAQS).
This determination suspends the requirements for the Commonwealth of
Pennsylvania to submit, for the Philadelphia-Wilmington, PA-NJ-DE
PM2.5 area, 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 this area continues to meet
the 2006 24-hour PM2.5 NAAQS.

[FR Doc. 2012-31565 Filed 1-4-13; 8:45 am]
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