Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Redesignation of Great Smoky Mountains National Park 1997 8-Hour Ozone Nonattainment Area to Attainment, 63995-63999 [E9-28967]
Download as PDF
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
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 rule 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 February 5, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 24, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
Part 52 of 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 52.1582 is amended by
revising paragraph (l) to read as follows:
■
§ 52.1582 Control strategy and
regulations: Ozone.
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(l) Attainment Determination. EPA is
determining that the 1-hour ozone
nonattainment areas in New Jersey
listed below have attained the 1-hour
ozone standard on the date listed and
that the reasonable further progress and
attainment demonstration requirements
of section 182(b)(1) and related
requirements of section 172(c)(9)
(contingency measures) of the Clean Air
Act do not apply to these areas.
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(1) Philadelphia-Wilmington-Trenton
(consisting of Burlington, Camden,
Cumberland, Gloucester, Mercer, and
Salem Counties) as of November 15,
2005. EPA also has determined, as of
November 15, 2005, the PhiladelphiaWilmington-Trenton severe 1-hour
ozone nonattainment area is not subject
to the imposition of the section 185
penalty fees.
(2) Atlantic City (consisting of
Atlantic and Cape May Counties) as of
January 6, 2010.
(3) Warren County as of January 6,
2010.
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Subpart HH—New York
2. Section 52.1683 is amended as
follows:
■ a. By revising paragraph (f)(1).
■ b. In paragraph (f)(2)(i) by removing
the comma at the end of the paragraph
and adding a period in its place.
■ c. In paragraph (f)(2)(ii) by removing
‘‘, and’’ at the end of the paragraph and
adding in its place a period.
■ d. By adding paragraphs (f)(2)(iv),
(f)(2)(v), (f)(2)(vi), and (f)(2)(vii).
■
§ 52.1683
Control strategy: Ozone.
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(f) * * *
(1) EPA is determining that the 1-hour
ozone nonattainment areas in New York
listed below have attained the 1-hour
ozone standard on the date listed and
that the reasonable further progress and
attainment demonstration requirements
of section 182(b)(1) and related
requirements of section 172(c)(9)
(contingency measures) of the Clean Air
Act do not apply to these areas.
(i) Albany-Schenectady-Troy
(consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, and
Schenectady Counties) as of January 6,
2010.
(ii) Buffalo-Niagara Falls (consisting
of Erie and Niagara Counties) as of
January 6, 2010.
(iii) Essex County as of January 6,
2010.
(iv) Jefferson County, as of January 6,
2010.
(v) Poughkeepsie (consisting of
Dutchess, and Putnam Counties and
northern Orange County) as of January
6, 2010.
(2) * * *
(iv) Buffalo-Niagara Falls (consisting
of Erie and Niagara Counties) as of
January 6, 2010.
(v) Jamestown (consisting of
Chautauqua County) as of January 6,
2010.
(vi) Poughkeepsie (consisting of
Dutchess, Orange and Putnam Counties)
as of January 6, 2010.
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63995
(vii) Essex County (consisting of
Whiteface Mountain) as of January 6,
2010.
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[FR Doc. E9–28971 Filed 12–4–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2009–0338–200908; FRL–
9089–1]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; North Carolina:
Redesignation of Great Smoky
Mountains National Park 1997 8-Hour
Ozone Nonattainment Area to
Attainment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking final action to
approve a request submitted on July 24,
2009, from the State of North Carolina,
through the North Carolina Department
of Environment and Natural Resources
(NCDENR), Division of Air Quality
(DAQ), to redesignate the Great Smoky
Mountains National Park (GSMNP) 1997
8-hour ozone nonattainment area
(herein referred to as the ‘‘GSMNP
Area’’) to attainment for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). The GSMNP Area
for the 1997 8-hour ozone standard is
comprised of portions of Haywood and
Swain Counties in North Carolina.
EPA’s approval of the redesignation
request is based on the determination
that the GSMNP Area has met the
criteria for redesignation to attainment
set forth in the Clean Air Act (CAA),
including the determination that the
GSMNP Area has attained the 8-hour
ozone standard. Additionally, EPA is
approving a revision to the North
Carolina State Implementation Plan
(SIP) including the 8-hour ozone
maintenance plan for the GSMNP Area
that contains the new 2011 and 2020
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
an insignificance finding for volatile
organic compounds (VOC) contribution
from motor vehicles to the 8-hour ozone
pollution in the GSMNP Area. Through
this action, EPA is also finding the NOX
MVEBs and the VOC insignificance
finding adequate for the purposes of
transportation conformity. This action
also approves the emissions inventory
submitted with the maintenance plan
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(under the CAA section 172(c)(3)). On
March 12, 2008, EPA issued a revised
ozone standard. EPA later announced
on September 16, 2009, that it may
reconsider this revised ozone standard.
The current action, however, is being
taken to address requirements under the
1997 8-hour ozone NAAQS.
Requirements for the GSMNP Area
under the 2008 standard will be
addressed in the future.
DATES: Effective Date: This rule will be
effective January 6, 2010.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2009–0338. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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 https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Jane
Spann or Nacosta Ward, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Jane
Spann may be reached by phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov. The telephone
number for Ms. Ward is (404) 562–9140
and the electronic mail at
ward.nacosta@epa.gov.
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews
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Additionally, transportation partners in
this area should note the VOC
insignificance finding in future
On July 24, 2009, North Carolina,
conformity determinations.
through the NCDENR, DAQ, submitted
As was discussed in greater detail in
a request to redesignate the GSMNP
the October 16, 2009, proposal, this
Area to attainment for the 1997 8-hour
ozone standard, and for EPA approval of redesignation is for the 1997 8-hour
ozone designations finalized in 2004 (69
the North Carolina SIP revision
FR 23857, April 30, 2004). Various
containing a maintenance plan for the
GSMNP Area. In an action published on aspects of EPA’s Phase 1 8-hour ozone
implementation rule were challenged in
October 16, 2009, (74 FR 53198) EPA
court and on December 22, 2006, the
proposed to approve the redesignation
U.S. Court of Appeals for the District of
of the GSMNP Area to attainment. EPA
Columbia Circuit (DC Circuit Court)
also proposed approval of North
Carolina’s plan for maintaining the 1997 vacated EPA’s Phase 1 Implementation
Rule for the 8-hour ozone standard. (69
8-hour NAAQS as a SIP revision,
FR 23951, April 30, 2004). South Coast
including the emissions inventory
Air Quality Management Dist.
submitted pursuant to CAA section
(SCAQMD) v. EPA, 472 F.3d 882 (DC
172(c)(3); and proposed to approve the
Cir. 2006). On June 8, 2007, in response
NOX MVEBs and VOC insignificance
to several petitions for rehearing, the DC
finding for the GSMNP Area that were
Circuit Court clarified that the Phase 1
contained in the maintenance plan. In
Rule was vacated only with regard to
the October 16, 2009, proposed action,
those parts of the Rule that had been
EPA also provided information on the
successfully challenged. Therefore, the
status of EPA’s transportation
Phase 1 Rule provisions related to
conformity adequacy determination for
classifications for areas currently
the GSMNP Area NOX MVEBs and the
classified under subpart 2 of title I, part
VOCs insignificance finding. EPA
D of the CAA as 8-hour nonattainment
received no comments on the October
areas, the 8-hour attainment dates and
16, 2009, proposal.
the timing for emissions reductions
In this action, EPA is also finalizing
needed for attainment of the 8-hour
its determination that the new NOX
ozone NAAQS, remain effective. The
MVEBs and the VOC insignificance
June 8th decision left intact the Court’s
finding for the GSMNP Area are
rejection of EPA’s reasons for
adequate for transportation conformity
implementing the 8-hour standard in
purposes. The MVEBs included in the
certain nonattainment areas under
maintenance plan area are as follows:
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
TABLE 1—GSMNP AREA MVEBS
EPA’s revocation of the 1-hour standard
[Kilograms per day1]
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
2011
2020
successfully challenged. The June 8th
decision affirmed the December 22,
NOX MVEBs ..................... 179.9
127.0
2006, decision that EPA had improperly
1 North Carolina has provided the conversion factor of 907.1847 kilograms per ton, failed to retain measures required for
rounded to two decimal places for tons to 1-hour nonattainment areas under the
allow for comparison of the MVEBs to the anti-backsliding provisions of the
emissions inventory (expressed in tons per regulations: (1) Nonattainment area New
day) in this Area.
Source Review (NSR) requirements
EPA’s adequacy public comment
based on an area’s 1-hour nonattainment
period on these MVEBs and the VOC
classification; (2) Section 185 penalty
insignificance finding (as contained in
fees for 1-hour severe or extreme
North Carolina’s submittal) began on
nonattainment areas; and (3) measures
May 18, 2009, and closed on June 17,
to be implemented pursuant to section
2009. No comments were received
172(c)(9) or 182(c)(9) of the CAA, on the
during EPA’s adequacy public comment contingency of an area not making
period. Through this Federal Register
reasonable further progress toward
notice, EPA is finding the 2011 and
attainment of the 1-hour NAAQS, or for
2020 NOX MVEBs, and the VOC
failure to attain that NAAQS. The June
insignificance finding, as contained in
8th decision clarified that the Court’s
North Carolina’s submittal, adequate.
reference to conformity requirements for
These MVEBs and the insignificance
anti-backsliding purposes was limited to
finding meet the adequacy criteria
requiring the continued use of 1-hour
contained in the Transportation
MVEBs until 8-hour budgets were
Conformity Rule. The new NOX MVEBs available for 8-hour conformity
must be used for future transportation
determinations, which is already
conformity determinations.
required under EPA’s conformity
I. What Is the Background for the
Actions?
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regulations. The Court thus clarified
that 1-hour conformity determinations
are not required for anti-backsliding
purposes.
With respect to the requirement for
transportation conformity under the
1-hour standard, the Court in its June
8th decision clarified that for those
areas with 1-hour MVEBs in their 1hour maintenance plans, antibacksliding requires only that those 1hour budgets must be used for 8-hour
conformity determinations until
replaced by 8-hour budgets. To meet
this requirement, conformity
determinations in such areas must
continue to comply with the applicable
requirements of EPA’s conformity
regulations at 40 CFR Part 93. The
GSMNP Area was never designated
nonattainment for the 1-hour ozone
standard and thus does not have 1-hour
MVEBs to consider.
For the above reasons, and those set
forth in the October 16, 2009, proposal
for the redesignation of the GSMNP
Area, EPA does not believe that the
Court’s rulings alter any requirements
relevant to this redesignation action so
as to preclude redesignation, and do not
prevent EPA from finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006, and June 8,
2007, decisions impose no impediment
to moving forward with redesignation of
the GSMNP Area to attainment. Even in
light of the Court’s decisions,
redesignation is appropriate under the
relevant redesignation provisions of the
CAA and longstanding policies
regarding redesignation requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve
North Carolina’s redesignation request
and to change the legal designation of
the GSMNP Area from nonattainment to
attainment for the 8-hour ozone
NAAQS. The GSMNP Area is comprised
of portions of Haywood and Swain
Counties in North Carolina. EPA is also
approving North Carolina’s 8-hour
ozone maintenance plan for the GSMNP
Area (such approval being one of the
CAA criteria for redesignation to
attainment status), including the
emissions inventory which was
submitted pursuant to CAA section
172(c)(3). The maintenance plan is
designed to help keep the GSMNP Area
in attainment for the 8-hour ozone
NAAQS through 2020. These approval
actions are based on EPA’s
determination that North Carolina has
demonstrated that the GSMNP Area has
met the criteria for redesignation to
attainment specified in the CAA,
including a demonstration that the
GSMNP Area has attained the 8-hour
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ozone standard. EPA’s analyses of North
Carolina’s 8-hour ozone redesignation
request and maintenance plan are
described in detail in the proposed rule
published October 16, 2009 (74 FR
53198).
Consistent with the CAA, the
maintenance plan that EPA is approving
also includes 2011 and 2020 MVEBs for
NOX, and a VOC insignificance finding
for the GSMNP Area. In this action, EPA
is approving these 2011 and 2020
MVEBs, and the VOC insignificance
finding. For regional emission analysis
years that involve years prior to 2020,
the new 2011 MVEB are the applicable
budgets (for the purpose of conducting
transportation conformity analyses). For
regional emission analysis years that
involve the year 2020 and beyond, the
applicable budgets, for the purpose of
conducting transportation conformity
analyses, are the new 2020 MVEB. In
this action, EPA is also finding adequate
the GSMNP Area’s new NOX MVEBs
and North Carolina’s insignificance
finding for VOC contribution from
motor vehicles to the 8-hour ozone
pollution for the GSMNP Area.
III. Why Is EPA Taking These Actions?
EPA has determined that the GSMNP
Area has attained the 8-hour ozone
standard and has also determined that
North Carolina has demonstrated that
all other criteria for the redesignation of
the GSMNP Area from nonattainment to
attainment of the 8-hour ozone NAAQS
have been met. See, section 107(d)(3)(E)
of the CAA. EPA is also taking final
action to approve the maintenance plan
for the GSMNP Area as meeting the
requirements of sections 175A and
107(d) of the CAA, and the emissions
inventory as meeting the requirements
of section 172(c)(3) of the CAA.
Furthermore, EPA is finding adequate
and approving the new 2011 and 2020
regional MVEBs contained in North
Carolina’s maintenance plan because
these MVEBs are consistent with
maintenance for the GSMNP Area. In
the October 16, 2009, proposal to
redesignate the GSMNP Area, EPA
described the applicable criteria for
redesignation to attainment and its
analysis of how those criteria have been
met. The rationale for EPA’s findings
and actions is set forth in the proposed
rulemaking and summarized in this
final rulemaking.
IV. What Are the Effects of These
Actions?
Approval of the redesignation request
changes the legal designation of the
portions of Haywood and Swain
Counties in North Carolina (in
association with the GSMNP Area) for
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63997
the 1997 8-hour ozone NAAQS, found at
40 CFR part 81. The approval also
incorporates into the North Carolina SIP
a plan for maintaining the 8-hour ozone
NAAQS in the GSMNP Area through
2020. The maintenance plan includes
contingency measures to remedy future
violations of the 1997 8-hour ozone
NAAQS, establishes NOX MVEBs for the
years 2011 and 2020 for the GSMNP
Area, and provides a finding that VOC
are an insignificant contributor from
motor vehicles to the 8-hour ozone
pollution in the GSMNP Area.
Additionally, this action approves the
emissions inventory for this area
pursuant to section 172(c)(3) of the
CAA.
V. Final Action
After evaluating North Carolina’s
redesignation request, EPA is taking
final action to approve the redesignation
and change the legal designation of the
portions of Haywood and Swain
Counties in North Carolina (in
association with the GSMNP Area) from
nonattainment to attainment for the
1997 8-hour ozone NAAQS. Through
this action, EPA is also approving into
the North Carolina SIP the 8-hour ozone
maintenance plan for the GSMNP Area,
which includes the new NOX MVEBs of
179.9 kilograms per day (kgd) for the
year 2011, and 127.0 kgd for the year
2020. EPA is also finding adequate and
approving the new 2011 and 2020
MVEBs contained in North Carolina’s
maintenance plan for the GSMNP Area.
If transportation conformity is
implemented in this area, the North
Carolina transportation partners will
need to use these new MVEBs pursuant
to 40 CFR 93.104(e). Additionally, EPA
is approving the emissions inventory for
the GSMNP Area pursuant to section
172(c)(3) of the CAA.
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
State law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
State law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
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Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it 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).
This rule also does not have Tribal
implications because it will not have a
substantial direct effect on one or more
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
affects the status of a geographical area,
does not impose any new requirements
on sources or allow a State to avoid
adopting or implementing other
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant and because
the Agency does not have reason to
believe that the rule concerns an
environmental health risk or safety risk
that may disproportionately affect
children.
In reviewing SIP submissions, EPA’s
role is to approve State choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 5, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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) of the CAA.)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: November 20, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 and 81 are 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 II—North Carolina
2. Section § 52.1770(e) is amended by
adding a new entry at the end of the
table for ‘‘8-Hour Ozone Maintenance
Plan for the Great Smoky Mountains
National Park Area’’ to read as follows:
■
§ 52.1770
*
Identification of plan
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective
date
*
*
*
*
8-Hour Ozone Maintenance Plan for the Great Smoky Mountains National Park Area.
7/24/2009
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1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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*
2. In Section § 81.334, the table
entitled ‘‘North Carolina—Ozone
(8-Hour Standard)’’ is amended under
‘‘Haywood and Swain Cos. (Great
Smoky NP), NC’’ by revising the entries
■
PART 81—[AMENDED]
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EPA approval
date
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Federal Register citation
*
*
[Insert first page of publication].
12/07/09
for ‘‘Haywood County (part)’’ and
‘‘Swain County (part)’’ to read as
follows:
§ 81.334
*
E:\FR\FM\07DER1.SGM
*
North Carolina
*
07DER1
*
*
63999
Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Rules and Regulations
NORTH CAROLINA—OZONE
[8-Hour standard]
Designation a
Category/classification
Designated area
Date 1
*
*
*
*
*
Haywood and Swain Cos. (Great Smoky NP), NC:
Haywood County (part) ............................. This action is effective 12/07/09 .....................
Swain County (part) .................................. This action is effective 12/07/09 .....................
*
*
*
Date 1
Type
*
Type
*
*
*
*
Attainment.
Attainment.
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
Action Compact Area, effective date deferred until April 15, 2008.
3 November 22, 2004.
1 This
2 Early
*
*
*
*
*
[FR Doc. E9–28967 Filed 12–4–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 090130102–91386–02]
RIN 0648–AX59
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Bigeye Tuna Catch
Limits in Longline Fisheries in 2009,
2010, and 2011
erowe on DSK5CLS3C1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues regulations
under authority of the Western and
Central Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act) to establish a catch
limit for bigeye tuna (Thunnus obesus)
in the U.S. pelagic longline fisheries in
the western and central Pacific Ocean
for each of the years 2009, 2010, and
2011. Once the limit of 3,763 metric
tons (mt) is reached in any of those
years, retaining, transshipping, or
landing bigeye tuna caught in the
western and central Pacific Ocean will
be prohibited for the remainder of the
year, with certain exceptions. The limit
will not apply to the longline fisheries
of American Samoa, Guam, or the
Commonwealth of the Northern Mariana
Islands (CNMI). This action is necessary
for the United States to satisfy its
international obligations under the
Convention on the Conservation and
VerDate Nov<24>2008
12:44 Dec 04, 2009
Jkt 220001
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Convention), to which it
is a Contracting Party.
DATES: The rule is effective December
12, 2009.
ADDRESSES: Copies of supporting
documents that were prepared for this
final rule, including the regulatory
impact review (RIR), environmental
assessment (EA), and Supplemental EA,
as well as the proposed rule, are
available via the Federal e-Rulemaking
portal, at https://www.regulations.gov.
Those documents, and the small entity
compliance guide prepared for this final
rule, are also available from the
Regional Administrator, NMFS, Pacific
Islands Regional Office, 1601 Kapiolani
Blvd., Suite 1110, Honolulu, HI 96814–
4700. The initial regulatory flexibility
analysis (IRFA) and final regulatory
flexibility analysis (FRFA) prepared for
this rule are included in the proposed
rule and this final rule, respectively.
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS PIRO, 808–944–2219.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is also accessible at
https://www.gpoaccess.gov/fr.
Background
On July 8, 2009, NMFS published a
proposed rule in the Federal Register
(74 FR 32521) that would revise
regulations at 50 CFR part 300, subpart
O, in order to implement certain
decisions of the WCPFC. The proposed
rule was open to public comment
through August 7, 2009.
This final rule is implemented under
authority of the WCPFC Implementation
Act (16 U.S.C. 6901 et seq.), which
authorizes the Secretary of Commerce,
in consultation with the Secretary of
State and the Secretary of the
Department in which the United States
Coast Guard is operating (currently the
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
Department of Homeland Security), to
promulgate such regulations as may be
necessary to carry out the obligations of
the United States under the Convention,
including the decisions of the WCPFC.
The authority to promulgate regulations
has been delegated to NMFS.
The objective of this final rule is to
implement, with respect to U.S. longline
vessels, a Conservation and
Management Measure (CMM) adopted
by the WCPFC in December 2008, at its
Fifth Regular Annual Session: CMM
2008–01, ‘‘Conservation and
Management Measure for Bigeye and
Yellowfin Tuna in the Western and
Central Pacific Ocean.’’
This final rule provides for the timely
implementation for U.S. longline
fisheries of the annual catch limit for
bigeye tuna established in CMM 2008–
01 for each of the years 2009, 2010, and
2011. This final rule does not apply to
the longline fisheries of American
Samoa, Guam, or the CNMI, as
described further below.
The preamble to the proposed rule
includes further background
information, including information on
the Convention and the WCPFC, the
international obligations of the United
States under the Convention, the
provisions of CMM 2008–01 as they
relate to longline vessels, and the basis
for the proposed regulations.
New Requirements
This final rule establishes annual
bigeye tuna catch limits in U.S. longline
fisheries in the Convention Area as
follows:
Establishment of the Limit
CMM 2008–01 includes longline
fishery-related provisions specifically
applicable to Participating Territories in
the WCPFC, which include American
Samoa, Guam, and the CNMI. The
longline fisheries of Participating
Territories are subject to annual bigeye
E:\FR\FM\07DER1.SGM
07DER1
Agencies
[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 63995-63999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28967]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2009-0338-200908; FRL-9089-1]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North
Carolina: Redesignation of Great Smoky Mountains National Park 1997 8-
Hour Ozone Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve a request submitted on
July 24, 2009, from the State of North Carolina, through the North
Carolina Department of Environment and Natural Resources (NCDENR),
Division of Air Quality (DAQ), to redesignate the Great Smoky Mountains
National Park (GSMNP) 1997 8-hour ozone nonattainment area (herein
referred to as the ``GSMNP Area'') to attainment for the 1997 8-hour
ozone national ambient air quality standards (NAAQS). The GSMNP Area
for the 1997 8-hour ozone standard is comprised of portions of Haywood
and Swain Counties in North Carolina. EPA's approval of the
redesignation request is based on the determination that the GSMNP Area
has met the criteria for redesignation to attainment set forth in the
Clean Air Act (CAA), including the determination that the GSMNP Area
has attained the 8-hour ozone standard. Additionally, EPA is approving
a revision to the North Carolina State Implementation Plan (SIP)
including the 8-hour ozone maintenance plan for the GSMNP Area that
contains the new 2011 and 2020 motor vehicle emission budgets (MVEBs)
for nitrogen oxides (NOX) and an insignificance finding for
volatile organic compounds (VOC) contribution from motor vehicles to
the 8-hour ozone pollution in the GSMNP Area. Through this action, EPA
is also finding the NOX MVEBs and the VOC insignificance
finding adequate for the purposes of transportation conformity. This
action also approves the emissions inventory submitted with the
maintenance plan
[[Page 63996]]
(under the CAA section 172(c)(3)). On March 12, 2008, EPA issued a
revised ozone standard. EPA later announced on September 16, 2009, that
it may reconsider this revised ozone standard. The current action,
however, is being taken to address requirements under the 1997 8-hour
ozone NAAQS. Requirements for the GSMNP Area under the 2008 standard
will be addressed in the future.
DATES: Effective Date: This rule will be effective January 6, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0338. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information 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 https://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann or Nacosta Ward, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Jane Spann may be
reached by phone at (404) 562-9029 or via electronic mail at
spann.jane@epa.gov. The telephone number for Ms. Ward is (404) 562-9140
and the electronic mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is the Background for the Actions?
On July 24, 2009, North Carolina, through the NCDENR, DAQ,
submitted a request to redesignate the GSMNP Area to attainment for the
1997 8-hour ozone standard, and for EPA approval of the North Carolina
SIP revision containing a maintenance plan for the GSMNP Area. In an
action published on October 16, 2009, (74 FR 53198) EPA proposed to
approve the redesignation of the GSMNP Area to attainment. EPA also
proposed approval of North Carolina's plan for maintaining the 1997 8-
hour NAAQS as a SIP revision, including the emissions inventory
submitted pursuant to CAA section 172(c)(3); and proposed to approve
the NOX MVEBs and VOC insignificance finding for the GSMNP
Area that were contained in the maintenance plan. In the October 16,
2009, proposed action, EPA also provided information on the status of
EPA's transportation conformity adequacy determination for the GSMNP
Area NOX MVEBs and the VOCs insignificance finding. EPA
received no comments on the October 16, 2009, proposal.
In this action, EPA is also finalizing its determination that the
new NOX MVEBs and the VOC insignificance finding for the
GSMNP Area are adequate for transportation conformity purposes. The
MVEBs included in the maintenance plan area are as follows:
Table 1--GSMNP Area MVEBs
[Kilograms per day\1\]
------------------------------------------------------------------------
2011 2020
------------------------------------------------------------------------
NOX MVEBs........................................... 179.9 127.0
------------------------------------------------------------------------
\1\ North Carolina has provided the conversion factor of 907.1847
kilograms per ton, rounded to two decimal places for tons to allow for
comparison of the MVEBs to the emissions inventory (expressed in tons
per day) in this Area.
EPA's adequacy public comment period on these MVEBs and the VOC
insignificance finding (as contained in North Carolina's submittal)
began on May 18, 2009, and closed on June 17, 2009. No comments were
received during EPA's adequacy public comment period. Through this
Federal Register notice, EPA is finding the 2011 and 2020
NOX MVEBs, and the VOC insignificance finding, as contained
in North Carolina's submittal, adequate. These MVEBs and the
insignificance finding meet the adequacy criteria contained in the
Transportation Conformity Rule. The new NOX MVEBs must be
used for future transportation conformity determinations. Additionally,
transportation partners in this area should note the VOC insignificance
finding in future conformity determinations.
As was discussed in greater detail in the October 16, 2009,
proposal, this redesignation is for the 1997 8-hour ozone designations
finalized in 2004 (69 FR 23857, April 30, 2004). Various aspects of
EPA's Phase 1 8-hour ozone implementation rule were challenged in court
and on December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (DC Circuit Court) vacated EPA's Phase 1
Implementation Rule for the 8-hour ozone standard. (69 FR 23951, April
30, 2004). South Coast Air Quality Management Dist. (SCAQMD) v. EPA,
472 F.3d 882 (DC Cir. 2006). On June 8, 2007, in response to several
petitions for rehearing, the DC Circuit Court clarified that the Phase
1 Rule was vacated only with regard to those parts of the Rule that had
been successfully challenged. Therefore, the Phase 1 Rule provisions
related to classifications for areas currently classified under subpart
2 of title I, part D of the CAA as 8-hour nonattainment areas, the 8-
hour attainment dates and the timing for emissions reductions needed
for attainment of the 8-hour ozone NAAQS, remain effective. The June
8th decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8th decision affirmed the December
22, 2006, decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain that NAAQS.
The June 8th decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of 1-hour MVEBs until 8-hour budgets were
available for 8-hour conformity determinations, which is already
required under EPA's conformity
[[Page 63997]]
regulations. The Court thus clarified that 1-hour conformity
determinations are not required for anti-backsliding purposes.
With respect to the requirement for transportation conformity under
the 1-hour standard, the Court in its June 8th decision clarified that
for those areas with 1-hour MVEBs in their 1-hour maintenance plans,
anti-backsliding requires only that those 1-hour budgets must be used
for 8-hour conformity determinations until replaced by 8-hour budgets.
To meet this requirement, conformity determinations in such areas must
continue to comply with the applicable requirements of EPA's conformity
regulations at 40 CFR Part 93. The GSMNP Area was never designated
nonattainment for the 1-hour ozone standard and thus does not have 1-
hour MVEBs to consider.
For the above reasons, and those set forth in the October 16, 2009,
proposal for the redesignation of the GSMNP Area, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006, and June 8, 2007, decisions impose no
impediment to moving forward with redesignation of the GSMNP Area to
attainment. Even in light of the Court's decisions, redesignation is
appropriate under the relevant redesignation provisions of the CAA and
longstanding policies regarding redesignation requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve North Carolina's
redesignation request and to change the legal designation of the GSMNP
Area from nonattainment to attainment for the 8-hour ozone NAAQS. The
GSMNP Area is comprised of portions of Haywood and Swain Counties in
North Carolina. EPA is also approving North Carolina's 8-hour ozone
maintenance plan for the GSMNP Area (such approval being one of the CAA
criteria for redesignation to attainment status), including the
emissions inventory which was submitted pursuant to CAA section
172(c)(3). The maintenance plan is designed to help keep the GSMNP Area
in attainment for the 8-hour ozone NAAQS through 2020. These approval
actions are based on EPA's determination that North Carolina has
demonstrated that the GSMNP Area has met the criteria for redesignation
to attainment specified in the CAA, including a demonstration that the
GSMNP Area has attained the 8-hour ozone standard. EPA's analyses of
North Carolina's 8-hour ozone redesignation request and maintenance
plan are described in detail in the proposed rule published October 16,
2009 (74 FR 53198).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes 2011 and 2020 MVEBs for NOX, and a VOC
insignificance finding for the GSMNP Area. In this action, EPA is
approving these 2011 and 2020 MVEBs, and the VOC insignificance
finding. For regional emission analysis years that involve years prior
to 2020, the new 2011 MVEB are the applicable budgets (for the purpose
of conducting transportation conformity analyses). For regional
emission analysis years that involve the year 2020 and beyond, the
applicable budgets, for the purpose of conducting transportation
conformity analyses, are the new 2020 MVEB. In this action, EPA is also
finding adequate the GSMNP Area's new NOX MVEBs and North
Carolina's insignificance finding for VOC contribution from motor
vehicles to the 8-hour ozone pollution for the GSMNP Area.
III. Why Is EPA Taking These Actions?
EPA has determined that the GSMNP Area has attained the 8-hour
ozone standard and has also determined that North Carolina has
demonstrated that all other criteria for the redesignation of the GSMNP
Area from nonattainment to attainment of the 8-hour ozone NAAQS have
been met. See, section 107(d)(3)(E) of the CAA. EPA is also taking
final action to approve the maintenance plan for the GSMNP Area as
meeting the requirements of sections 175A and 107(d) of the CAA, and
the emissions inventory as meeting the requirements of section
172(c)(3) of the CAA. Furthermore, EPA is finding adequate and
approving the new 2011 and 2020 regional MVEBs contained in North
Carolina's maintenance plan because these MVEBs are consistent with
maintenance for the GSMNP Area. In the October 16, 2009, proposal to
redesignate the GSMNP Area, EPA described the applicable criteria for
redesignation to attainment and its analysis of how those criteria have
been met. The rationale for EPA's findings and actions is set forth in
the proposed rulemaking and summarized in this final rulemaking.
IV. What Are the Effects of These Actions?
Approval of the redesignation request changes the legal designation
of the portions of Haywood and Swain Counties in North Carolina (in
association with the GSMNP Area) for the 1997 8-hour ozone NAAQS, found
at 40 CFR part 81. The approval also incorporates into the North
Carolina SIP a plan for maintaining the 8-hour ozone NAAQS in the GSMNP
Area through 2020. The maintenance plan includes contingency measures
to remedy future violations of the 1997 8-hour ozone NAAQS, establishes
NOX MVEBs for the years 2011 and 2020 for the GSMNP Area,
and provides a finding that VOC are an insignificant contributor from
motor vehicles to the 8-hour ozone pollution in the GSMNP Area.
Additionally, this action approves the emissions inventory for this
area pursuant to section 172(c)(3) of the CAA.
V. Final Action
After evaluating North Carolina's redesignation request, EPA is
taking final action to approve the redesignation and change the legal
designation of the portions of Haywood and Swain Counties in North
Carolina (in association with the GSMNP Area) from nonattainment to
attainment for the 1997 8-hour ozone NAAQS. Through this action, EPA is
also approving into the North Carolina SIP the 8-hour ozone maintenance
plan for the GSMNP Area, which includes the new NOX MVEBs of
179.9 kilograms per day (kgd) for the year 2011, and 127.0 kgd for the
year 2020. EPA is also finding adequate and approving the new 2011 and
2020 MVEBs contained in North Carolina's maintenance plan for the GSMNP
Area. If transportation conformity is implemented in this area, the
North Carolina transportation partners will need to use these new MVEBs
pursuant to 40 CFR 93.104(e). Additionally, EPA is approving the
emissions inventory for the GSMNP Area pursuant to section 172(c)(3) of
the CAA.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility
[[Page 63998]]
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it 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).
This rule also does not have Tribal implications because it will
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a State to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant and because the Agency does not have
reason to believe that the rule concerns an environmental health risk
or safety risk that may disproportionately affect children.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 5, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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) of the CAA.)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 20, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 and 81 are 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 II--North Carolina
0
2. Section Sec. 52.1770(e) is amended by adding a new entry at the end
of the table for ``8[dash]Hour Ozone Maintenance Plan for the Great
Smoky Mountains National Park Area'' to read as follows:
Sec. 52.1770 Identification of plan
* * * * *
(e) * * *
EPA[dash]Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective EPA approval
Provision date date Federal Register citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8[dash]Hour Ozone Maintenance Plan for the 7/24/2009 12/07/09 [Insert first page of
Great Smoky Mountains National Park Area. publication].
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Section Sec. 81.334, the table entitled ``North Carolina--Ozone
(8[dash]Hour Standard)'' is amended under ``Haywood and Swain Cos.
(Great Smoky NP), NC'' by revising the entries for ``Haywood County
(part)'' and ``Swain County (part)'' to read as follows:
Sec. 81.334 North Carolina
* * * * *
[[Page 63999]]
North Carolina--Ozone
[8[dash]Hour standard]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Haywood and Swain Cos. (Great Smoky NP), NC:....................................................................
Haywood County (part)..... This action is Attainment.
effective 12/07/
09.
Swain County (part)....... This action is Attainment.
effective 12/07/
09.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Early Action Compact Area, effective date deferred until April 15, 2008.
\3\ November 22, 2004.
* * * * *
[FR Doc. E9-28967 Filed 12-4-09; 8:45 am]
BILLING CODE 6560-50-P