Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; North Carolina: Greensboro-Winston Salem-High Point; Determination of Attaining Data for the 1997 Fine Particulate Matter Standard, 54-56 [E9-31083]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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preparation business.
(p) Disclosure or use of information
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improve the quality and accuracy of a
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accounting, or auditing services. A
quality or peer review may be
conducted only by attorneys, certified
public accountants, enrolled agents, and
enrolled actuaries who are eligible to
practice before the Internal Revenue
Service. See Department of the Treasury
Circular 230, 31 CFR part 10. Tax return
information may also be disclosed to
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extent necessary for the reviewer to
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(2) The provisions of section 7216(a)
and § 301.7216–1 shall not apply to any
disclosure necessary to accomplish a
conflict review. A conflict review is a
review undertaken to comply with
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to either identify, evaluate, and monitor
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conflicts of interest that may arise when
a tax return preparer is employed or
acquired by another tax return preparer,
or to identify, evaluate, and monitor
actual or potential legal and ethical
conflicts of interest that may arise when
a tax return preparer is considering
engaging a new client. Tax return
information gathered in conducting a
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conflict review may be used only for
purposes of a conflict review. No tax
return information identifying a
taxpayer may be disclosed in any
evaluative reports or recommendations
that may be accessible to any person
other than those responsible for
identifying, evaluating, and monitoring
legal and ethical conflicts of interest. No
tax return information identifying a
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(3) Any person (including
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(q) through (r) [Reserved]. For further
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(s) Effective/applicability date. This
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(t) Expiration date. The applicability
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Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: December 24, 2009.
Michael Mundaca,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. E9–31115 Filed 12–29–09; 4:15 pm]
BILLING CODE 4830–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2009–0561–200929; FRL–
9098–8]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; North Carolina:
Greensboro-Winston Salem-High
Point; Determination of Attaining Data
for the 1997 Fine Particulate Matter
Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is determining that the
Greensboro-Winston Salem-High Point,
North Carolina, (hereafter referred to as
‘‘Greensboro, North Carolina’’)
nonattainment area for the 1997 fine
particulate matter (PM2.5) National
Ambient Air Quality Standard (NAAQS)
has attaining data for the 1997 PM2.5
NAAQS.
DATES: Effective Date: This final rule is
effective on January 4, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2009–0561. All
documents in the docket are listed in
the https://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
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours 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.
FOR FURTHER INFORMATION CONTACT: Joel
Huey, 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. Mr. Huey
may be reached by phone at (404) 562–
9104 or via electronic mail at
huey.joel@epa.gov. For information
relating to the North Carolina State
Implementation Plan (SIP), please
E:\FR\FM\04JAR1.SGM
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
contact Nacosta Ward at (404) 562–
9140. Ms. Ward can also be reached at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. What Is EPA’s Final Action?
V. What Are the Statutory and Executive
Order Reviews?
I. What Action Is EPA Taking?
EPA is determining that the
Greensboro, North Carolina,
nonattainment area has attaining data
for the 1997 PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled and certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 PM2.5 NAAQS based on the 2006–
2008 data. In addition, quality
controlled and quality assured
monitoring data submitted during the
calendar year 2009, which are available
in the EPA Air Quality System database,
but not yet certified, indicate that this
area continues to meet the 1997 PM2.5
NAAQS.
Other specific requirements of the
determination and the rationale for
EPA’s proposed action are explained in
the notice of proposed rulemaking
(NPR) published on October 6, 2009 (74
FR 51246) and will not be restated here.
The comment period for the NPR closed
on November 5, 2009. No public
comments were received in response to
the NPR.
II. What Is the Effect of This Action?
This final action, in accordance with
40 CFR 51.1004(c), suspends the
requirements for this area to submit
attainment demonstrations, associated
reasonably available control measures,
reasonable further progress plans,
contingency measures, and other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS as long as this
area continues to meet the 1997 PM2.5
NAAQS.
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III. When Is the Action Effective?
EPA finds that there is good cause for
this approval to become effective on the
date of publication of this action in the
Federal Register, because a delayed
effective date is unnecessary due to the
nature of the approval. The expedited
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that rule
actions may become effective less than
30 days after publication if the rule
‘‘grants or recognizes an exemption or
relieves a restriction’’ and 5 U.S.C.
553(d)(3), which allows an effective date
less than 30 days after publication ‘‘as
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otherwise provided by the agency for
good cause found and published with
the rule.’’ As noted above, this
determination of attainment suspends
the requirements for the Greensboro,
North Carolina, PM2.5 nonattainment
area to submit an attainment
demonstration, associated reasonably
available control measures, a reasonable
further progress plan, contingency
measures, and any other planning SIPs
related to attainment of the standard as
long as this area continues to meet the
1997 PM2.5 NAAQS. The suspension of
these requirements is sufficient reason
to allow an expedited effective date of
this rule under 5 U.S.C. 553(d)(1). In
addition, this nonattainment area’s
suspension from these requirements
provide good cause to make this rule
effective on the date of publication of
this action in the Federal Register,
pursuant to 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period
prescribed in 5 U.S.C. 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Where, as
here, the final rule suspends
requirements rather than imposing
obligations, affected parties, such as the
State of North Carolina, do not need
time to adjust and prepare before the
rule takes effect.
IV. What Is EPA’s Final Action?
EPA is determining that the
Greensboro, North Carolina,
nonattainment area has attaining data
for the 1997 PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data showing
that this area has monitored attainment
of the 1997 PM2.5 NAAQS during the
period 2006–2008. This final action, in
accordance with 40 CFR 51.1004(c), will
suspend the requirements for this area
to submit attainment demonstrations,
associated reasonably available control
measures, reasonable further progress
plans, contingency measures, and other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS as long as the
Area continues to meet the 1997 PM2.5
NAAQS.
V. What Are Statutory and Executive
Order Reviews?
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
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55
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 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.
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
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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).
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 1997 PM2.5
NAAQS.
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 5, 2010. 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,
pertaining to the determination of
attaining data for the 1997 fine
particulate matter standard for the
Greensboro, North Carolina, PM2.5
nonattainment area, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: December 15, 2009
J. Scott Gordon,
Acting Regional Administrator, Region 4.
Accordingly, 40 CFR part 52 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 II—North Carolina
2. Section § 52.1781 is amended by
adding paragraph (e) to read as follows:
■
§ 52.1781 Control strategy: Sulfur oxides
and particulate matter.
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*
*
*
*
*
(e) Determination of Attaining Data.
EPA has determined, as of January 4,
2010, the Greensboro-Winston SalemHigh Point, North Carolina
nonattainment area has attaining data
for the 1997 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
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[FR Doc. E9–31083 Filed 12–31–09; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81
[EPA–R04–OAR–2009–0164–200916; FRL–
9099–1]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Shelby County, Tennessee
Portion of the Memphis, TN-Arkansas
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
February 26, 2009, from the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Air Pollution
Control Division, to redesignate the
Tennessee portion of the bi-state
Memphis, Tennessee-Arkansas 8-hour
ozone nonattainment area (hereafter
referred to as the ‘‘bi-state Memphis
Area’’) to attainment for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). The bi-state
Memphis 1997 8-hour ozone NAAQS
nonattainment area is composed of
Shelby County, Tennessee and
Crittenden County, Arkansas. EPA’s
approval of the redesignation request is
based on the determination that the bistate Memphis Area has met the criteria
for redesignation to attainment set forth
in the Clean Air Act (CAA), including
the determination that the bi-state
Memphis Area has attained the 1997 8hour ozone standard. Additionally, EPA
is approving a revision to the Tennessee
State Implementation Plan (SIP)
including the 1997 8-hour ozone
maintenance plan for Shelby County,
Tennessee that contains the new 2006,
2009, 2017, and 2021 motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX ) and volatile organic
compounds (VOC) for Shelby County,
Tennessee. This action also approves
the emissions inventory submitted with
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the maintenance plan (under the CAA
section 182(a)(1)). The State of Arkansas
has submitted a similar redesignation
request and maintenance plan for the
Arkansas portion of this 1997 8-hour
ozone area. EPA is taking action on
Arkansas’ redesignation request,
emissions inventory and maintenance
plan through a separate rulemaking
action. On March 12, 2008, EPA issued
a revised 8-hour 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 bi-state Memphis
Area under the 2008 standard will be
addressed in the future.
DATES: Effective Date: This rule will be
effective February 3, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2009–0164. All documents in the docket
are listed on thehttps://
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 Twunjala Bradley, 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. Bradley is (404) 562–
9352 and the electronic mail at
bradley.twunjala@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\04JAR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 54-56]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31083]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0561-200929; FRL-9098-8]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North
Carolina: Greensboro-Winston Salem-High Point; Determination of
Attaining Data for the 1997 Fine Particulate Matter Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is determining that the Greensboro-Winston Salem-High
Point, North Carolina, (hereafter referred to as ``Greensboro, North
Carolina'') nonattainment area for the 1997 fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) has
attaining data for the 1997 PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on January 4, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2009-0561. All documents in the docket are listed in
the https://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 https://www.regulations.gov or in hard copy for public inspection during normal
business hours 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.
FOR FURTHER INFORMATION CONTACT: Joel Huey, 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. Mr. Huey may be reached by
phone at (404) 562-9104 or via electronic mail at huey.joel@epa.gov.
For information relating to the North Carolina State Implementation
Plan (SIP), please
[[Page 55]]
contact Nacosta Ward at (404) 562-9140. Ms. Ward can also be reached at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. What Is EPA's Final Action?
V. What Are the Statutory and Executive Order Reviews?
I. What Action Is EPA Taking?
EPA is determining that the Greensboro, North Carolina,
nonattainment area has attaining data for the 1997 PM2.5
NAAQS. This determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that show the area
has monitored attainment of the 1997 PM2.5 NAAQS based on
the 2006-2008 data. In addition, quality controlled and quality assured
monitoring data submitted during the calendar year 2009, which are
available in the EPA Air Quality System database, but not yet
certified, indicate that this area continues to meet the 1997
PM2.5 NAAQS.
Other specific requirements of the determination and the rationale
for EPA's proposed action are explained in the notice of proposed
rulemaking (NPR) published on October 6, 2009 (74 FR 51246) and will
not be restated here. The comment period for the NPR closed on November
5, 2009. No public comments were received in response to the NPR.
II. What Is the Effect of This Action?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit attainment demonstrations,
associated reasonably available control measures, reasonable further
progress plans, contingency measures, and other planning SIPs related
to attainment of the 1997 PM2.5 NAAQS as long as this area
continues to meet the 1997 PM2.5 NAAQS.
III. When Is the Action Effective?
EPA finds that there is good cause for this approval to become
effective on the date of publication of this action in the Federal
Register, because a delayed effective date is unnecessary due to the
nature of the approval. The expedited effective date for this action is
authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and 5 U.S.C. 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.'' As noted above, this
determination of attainment suspends the requirements for the
Greensboro, North Carolina, PM2.5 nonattainment area to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and any other planning SIPs related to attainment of the
standard as long as this area continues to meet the 1997
PM2.5 NAAQS. The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). In addition, this nonattainment area's
suspension from these requirements provide good cause to make this rule
effective on the date of publication of this action in the Federal
Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day
waiting period prescribed in 5 U.S.C. 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. Where, as here, the final rule suspends
requirements rather than imposing obligations, affected parties, such
as the State of North Carolina, do not need time to adjust and prepare
before the rule takes effect.
IV. What Is EPA's Final Action?
EPA is determining that the Greensboro, North Carolina,
nonattainment area has attaining data for the 1997 PM2.5
NAAQS. This determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that this
area has monitored attainment of the 1997 PM2.5 NAAQS during
the period 2006-2008. This final action, in accordance with 40 CFR
51.1004(c), will suspend the requirements for this area to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the 1997 PM2.5
NAAQS as long as the Area continues to meet the 1997 PM2.5
NAAQS.
V. What Are Statutory and Executive Order Reviews?
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this 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.
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
[[Page 56]]
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 5, 2010. 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, pertaining to the determination of attaining data
for the 1997 fine particulate matter standard for the Greensboro, North
Carolina, PM2.5 nonattainment area, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: December 15, 2009
J. Scott Gordon,
Acting Regional Administrator, Region 4.
0
Accordingly, 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 II--North Carolina
0
2. Section Sec. 52.1781 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1781 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(e) Determination of Attaining Data. EPA has determined, as of
January 4, 2010, the Greensboro-Winston Salem-High Point, North
Carolina nonattainment area has attaining data for the 1997
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this 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 1997 PM2.5 NAAQS.
[FR Doc. E9-31083 Filed 12-31-09; 8:45 am]
BILLING CODE 6560-50-P
