Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Determination of Attainment of the 1997 Ozone Standard, 31288-31290 [2010-13211]
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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations
Authority and Issuance
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
Accordingly, the interim rule
amending 27 CFR part 478, which was
published at 74 FR 1875 on January 14,
2009, is adopted as a final rule without
change.
induction. No other form of
documentation serves this purpose.
The Postal Service adopts the
following changes to the Mailing
Standards for the United States Postal
Service, Domestic Mail Manual (DMM),
which is incorporated by reference in
the Code of Federal Regulations. See 39
CFR Part 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR Part 111 is
amended as follows:
Dated: May 27, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010–13392 Filed 6–2–10; 8:45 am]
BILLING CODE 4410–FY–P
PART 111—[AMENDED]
POSTAL SERVICE
1. The authority citation for 39 C.F.R.
Part continues to read as follows:
■
39 CFR Part 111
Plant-Verified Drop Shipment (PVDS)—
Nonpostal Documentation
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 705.15. 2.14 to clarify that PS
Form 8125, Plant-Verified Drop
Shipment (PVDS) Verification and
Clearance, is the sole source of evidence
for USPS® purposes of the transfer of
the custody of pieces entered as a
mailing at the time of induction; to
clarify that Postal employees may, upon
request, sign additional nonpostal
documents when presented by
transportation providers; and to require
segregation of documentation presented
at the time of induction.
DATES: Effective Date: July 6, 2010.
FOR FURTHER INFORMATION CONTACT:
Susan Thomas at 202–268–8069.
SUPPLEMENTARY INFORMATION: As a result
of reviews of USPS policy concerning
practices at induction points of plantverified drop shipment mailings, the
Postal Service is adopting this final rule
to clarify the use and purpose of PS
Form 8125 as well as other documents
that mailers’ nonpostal transportation
providers (carriers) may present at the
time of induction. The final rule
provides that PS Forms 8125 must be
segregated from any other
documentation presented at the time of
mailing. This measure ensures that
postal personnel will be able to easily
identify and process necessary postal
documentation at the time of induction,
thereby promoting the efficiency of
operations. Further, the final rule
clarifies that a PS Form 8125 serves as
the sole source of evidence for USPS
purposes of the transfer of the custody
of pieces entered at the time of
emcdonald on DSK2BSOYB1PROD with RULES
15:54 Jun 02, 2010
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Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010–12885 Filed 6–2–10; 8:45 am]
BILLING CODE 7710–12–P
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
ENVIRONMENTAL PROTECTION
AGENCY
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
[EPA–R01–OAR–2009–0705; A–1–FRL–
9157–4]
■
SUMMARY:
VerDate Mar<15>2010
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
delivery receipt or a bill of lading
furnished by a USPS customer’s carrier
as proof of mailing, acceptance, or the
amount of mail tendered. Any signature
by a postal employee or agent on any
nonpostal form does not serve any mail
acceptance purpose. If an inconsistency
between the information on a PS Form
8125 and a carrier- or mailer-provided
document designed to evidence the
transfer of custody of pieces entered as
a mailing at the time of induction exists,
the information on PS Form 8125
prevails insofar as the USPS is
concerned.
*
*
*
*
*
We will publish an amendment to 39
CFR 111 to reflect these changes.
*
*
*
*
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Determination of Attainment of
the 1997 Ozone Standard
*
700
Special Standards
*
*
*
*
*
705 Advanced Preparation and
Special Postage Payment Systems
*
*
15.0
*
*
*
*
Plant-Verified Drop Shipment
*
15.2
*
*
*
*
Program Participation
*
*
*
*
[Add new 705.15.2.14 as follows:]
15.2.14 Form 8125—Segregation and
Nonpostal Documentation
PS Forms 8125 must be segregated
from all other nonpostal documentation
and presented separately to USPS
personnel at the time of induction.
Nonpostal proof-of-delivery documents
such as delivery receipts or bills of
lading presented by a mailer’s
transportation provider [carrier] are not
substitutes for PS Forms 8125. USPS
personnel may, upon request, sign such
documents when presented by carriers.
A PS Form 8125 signed by a postal
employee (or electronic equivalent file
in the Electronic Verification System
(eVS)) serves as the sole evidence of the
transfer of the custody of pieces entered
as a mailing at the time of induction.
The Postal Service does not consider a
proof-of-delivery document such as a
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40 CFR Part 52
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The EPA is determining that
the Providence (All of Rhode Island)
moderate 8-hour ozone nonattainment
area has attained the 1997 8-hour
National Ambient Air Quality Standard
(NAAQS) for ozone. This determination
is based upon complete, quality-assured
and certified ambient air monitoring
data that show the area has monitored
attainment of the 8-hour ozone NAAQS
for the 2006–2008 monitoring period. In
addition, quality-assured and certified
ozone data for 2009, show that this area
continues to attain the 1997 8-hour
ozone NAAQS. This determination
results in the suspension of the
requirements for Rhode Island to submit
an attainment demonstration, a
reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans for
this area related to attainment of the 8hour ozone NAAQS. These
requirements shall remain suspended
for so long as the area continues to
attain the ozone NAAQS.
DATES: Effective Date: This rule is
effective on July 6, 2010.
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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2009–0705. 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., 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 at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square,
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, e-mail
Burkhart.Richard@epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. What action is EPA taking?
II. What is the effect of this action?
III. Final Action
IV. Statutory and Executive Order Reviews
emcdonald on DSK2BSOYB1PROD with RULES
I. What action is EPA taking?
EPA is determining that the
Providence (All of Rhode Island)
moderate 8-hour ozone nonattainment
area has attained the 1997 8-hour
National Ambient Air Quality Standard
(NAAQS) for ozone. This determination
is based upon complete, quality-assured
and certified ambient air monitoring
data that show the area has monitored
attainment of the 1997 ozone NAAQS
for the 2006–2008 monitoring period. In
addition, quality-assured and certified
ozone data for 2009, show that this area
continues to attain the 1997 8-hour
ozone NAAQS.
VerDate Mar<15>2010
15:54 Jun 02, 2010
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Other specific details related to the
determination and the rationale for
EPA’s action are explained in the Notice
of Proposed Rulemaking (NPR)
published on February 25, 2010 (75 FR
8571) and will not be restated here. No
public comments were received on the
NPR.
II. What is the effect of this action?
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the requirements for the Providence (All
of Rhode Island) moderate ozone
nonattainment area to submit an
attainment demonstration, a reasonable
further progress plan, section 172(c)(9)
contingency measures, and any other
planning State Implementation Plans
(SIPs) related to attainment of the 1997
8-hour ozone NAAQS for so long as the
area continues to attain the 1997 ozone
NAAQS.
For the Rhode Island area, EPA
started a Federal Implementation Plan
clock on March 24, 2008 (73 FR 15416)
for failure to submit an ozone
attainment demonstration and
Reasonable Further Progress (RFP) SIPs.
This action stays the Federal
Implementation Plan clock started on
March 24, 2008, for both the attainment
demonstration and the RFP SIP. If the
area subsequently violates the 1997 8hour standard before it is redesignated
to attainment, the Federal
Implementation Plan clock would
restart for Rhode Island for these SIPs.
It should be noted that the Rhode Island
Department of Environmental
Management did submit an ozone
attainment demonstration and
Reasonable Further Progress SIP on
April 30, 2008. EPA has not taken action
on these SIPs.
This action does not constitute a
redesignation to attainment under CAA
section 107(d)(3), because the area does
not have an approved maintenance plan
as required under section 175A of the
CAA, nor a determination that the area
has met the other requirements for
redesignation. The classification and
designation status of the area remains
moderate nonattainment for the 1997 8hour ozone NAAQS until such time as
EPA determines that it meets the CAA
requirements for redesignation to
attainment. If EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the area has violated the 1997 8-hour
ozone standard, the basis for the
suspension of these requirements would
no longer exist, and the area would
thereafter have to address the pertinent
requirements.
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31289
III. Final Action
EPA is determining that the
Providence (All of Rhode Island) 8-hour
ozone nonattainment area has attained
the 1997 8-hour ozone standard based
on complete, quality-assured and
certified ozone monitoring data through
2008, and quality-assured and certified,
ozone data for 2009 that indicate
continued attainment. As provided in
40 CFR 51.918, this determination
suspends the requirements for Rhode
Island to submit an attainment
demonstration, a reasonable further
progress plan, and contingency
measures under section 172(c)(9), and
any other planning SIP related to
attainment of the 1997 8-hour ozone
NAAQS for this area, for so long as the
area continues to attain the standard.
IV. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality, and
results in the suspension of certain
Federal requirements, and would 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations
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 action 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.
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).
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 August 2, 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 may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
■
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15:54 Jun 02, 2010
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PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. Section 52.2088 is amended by
adding paragraph (c) to read as follows:
■
§ 52.2088
Control strategy: Ozone.
*
*
*
*
*
(c) Determination of Attainment.
Effective July 6, 2010, EPA is
determining that the Providence (All of
Rhode Island) 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone standard. Under the
provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), this determination suspends
the reasonable further progress and
attainment demonstration requirements
of section 182(b)(1) and related
requirements of section 172(c)(9) of the
Clean Air Act for as long as the area
does not monitor any violations of the
1997 8-hour ozone standard. If a
violation of the 1997 ozone NAAQS is
monitored in the Providence (All of
Rhode Island) 8-hour ozone
nonattainment area, this determination
shall no longer apply.
[FR Doc. 2010–13211 Filed 6–2–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2009–0282; FRL–9155–6]
Approval and Promulgation of State
Implementation Plan Revisions; State
of North Dakota; Air Pollution Control
Rules, and Interstate Transport of
Pollution for the 1997 PM2.5 and 8-Hour
Ozone NAAQS: ‘‘Significant
Contribution to Nonattainment’’ and
‘‘Interference With Prevention of
Significant Deterioration’’
Requirements
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency is approving State
Implementation Plan (SIP) revisions
submitted by the State of North Dakota
on April 6, 2009. Specifically, EPA is
approving revisions to the North Dakota
air pollution control rules regarding
prevention of significant deterioration of
air quality, and partially approving the
SIP revision ‘‘Interstate Transport of Air
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Pollution’’ addressing the requirements
of Clean Air Act section 110(a)(2)(D)(i)
for the 1997 PM2.5 and 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). These revisions, referred to as
the Interstate Transport of Air Pollution
SIP, address the requirements of Clean
Air Act section 110(a)(2)(D)(i) for the
1997 8-hour ozone and 1997 PM2.5
National Ambient Air Quality Standards
(NAAQS). In this action, EPA is
approving the North Dakota Interstate
Transport SIP provisions that address
the requirement of section
110(a)(2)(D)(i)(I) that emissions from the
state’s sources do not ‘‘contribute
significantly’’ to nonattainment of the
1997 8-hour ozone NAAQS and the
1997 PM2.5 NAAQS in any other state.
In addition, EPA is approving the
provisions of this SIP that address the
requirement of section 110(a)(2)(D)(i)(II)
that emissions from the state’s sources
do not interfere with measures required
in the SIP of any other state under part
C of the Clean Air Act (CAA) to prevent
‘‘significant deterioration of air quality.’’
EPA will act at a later date on the North
Dakota Interstate Transport SIP
provisions that address the remaining
two requirements of section
110(a)(2)(D)(i), that emissions from the
state’s sources do not ‘‘interfere with
maintenance’’ of the 1997 8-hour ozone
and 1997 PM2.5 NAAQS in any other
state, and do not interfere with
measures required in the SIP of any
other state to ‘‘protect visibility.’’ This
action is being taken under section 110
of the Clean Air Act.
DATES: Effective Date: This final rule is
effective July 6, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2009–0282. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
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]]>Agencies
[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Rules and Regulations]
[Pages 31288-31290]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13211]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0705; A-1-FRL-9157-4]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Determination of Attainment of the 1997 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is determining that the Providence (All of Rhode
Island) moderate 8-hour ozone nonattainment area has attained the 1997
8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data that show the area has monitored attainment
of the 8-hour ozone NAAQS for the 2006-2008 monitoring period. In
addition, quality-assured and certified ozone data for 2009, show that
this area continues to attain the 1997 8-hour ozone NAAQS. This
determination results in the suspension of the requirements for Rhode
Island to submit an attainment demonstration, a reasonable further
progress plan, contingency measures, and other planning State
Implementation Plans for this area related to attainment of the 8-hour
ozone NAAQS. These requirements shall remain suspended for so long as
the area continues to attain the ozone NAAQS.
DATES: Effective Date: This rule is effective on July 6, 2010.
[[Page 31289]]
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0705. 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., 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 at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, e-
mail Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What action is EPA taking?
II. What is the effect of this action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is determining that the Providence (All of Rhode Island)
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour
National Ambient Air Quality Standard (NAAQS) for ozone. This
determination is based upon complete, quality-assured and certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 ozone NAAQS for the 2006-2008 monitoring period. In
addition, quality-assured and certified ozone data for 2009, show that
this area continues to attain the 1997 8-hour ozone NAAQS.
Other specific details related to the determination and the
rationale for EPA's action are explained in the Notice of Proposed
Rulemaking (NPR) published on February 25, 2010 (75 FR 8571) and will
not be restated here. No public comments were received on the NPR.
II. What is the effect of this action?
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the requirements for the
Providence (All of Rhode Island) moderate ozone nonattainment area to
submit an attainment demonstration, a reasonable further progress plan,
section 172(c)(9) contingency measures, and any other planning State
Implementation Plans (SIPs) related to attainment of the 1997 8-hour
ozone NAAQS for so long as the area continues to attain the 1997 ozone
NAAQS.
For the Rhode Island area, EPA started a Federal Implementation
Plan clock on March 24, 2008 (73 FR 15416) for failure to submit an
ozone attainment demonstration and Reasonable Further Progress (RFP)
SIPs. This action stays the Federal Implementation Plan clock started
on March 24, 2008, for both the attainment demonstration and the RFP
SIP. If the area subsequently violates the 1997 8-hour standard before
it is redesignated to attainment, the Federal Implementation Plan clock
would restart for Rhode Island for these SIPs. It should be noted that
the Rhode Island Department of Environmental Management did submit an
ozone attainment demonstration and Reasonable Further Progress SIP on
April 30, 2008. EPA has not taken action on these SIPs.
This action does not constitute a redesignation to attainment under
CAA section 107(d)(3), because the area does not have an approved
maintenance plan as required under section 175A of the CAA, nor a
determination that the area has met the other requirements for
redesignation. The classification and designation status of the area
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until
such time as EPA determines that it meets the CAA requirements for
redesignation to attainment. If EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 8-hour ozone standard, the basis for the
suspension of these requirements would no longer exist, and the area
would thereafter have to address the pertinent requirements.
III. Final Action
EPA is determining that the Providence (All of Rhode Island) 8-hour
ozone nonattainment area has attained the 1997 8-hour ozone standard
based on complete, quality-assured and certified ozone monitoring data
through 2008, and quality-assured and certified, ozone data for 2009
that indicate continued attainment. As provided in 40 CFR 51.918, this
determination suspends the requirements for Rhode Island to submit an
attainment demonstration, a reasonable further progress plan, and
contingency measures under section 172(c)(9), and any other planning
SIP related to attainment of the 1997 8-hour ozone NAAQS for this area,
for so long as the area continues to attain the standard.
IV. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and results in the suspension of certain Federal requirements,
and would 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 Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as
[[Page 31290]]
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 action 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.
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).
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 August 2, 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 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 OO--Rhode Island
0
2. Section 52.2088 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2088 Control strategy: Ozone.
* * * * *
(c) Determination of Attainment. Effective July 6, 2010, EPA is
determining that the Providence (All of Rhode Island) 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard. Under
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918),
this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 1997 8-hour ozone
standard. If a violation of the 1997 ozone NAAQS is monitored in the
Providence (All of Rhode Island) 8-hour ozone nonattainment area, this
determination shall no longer apply.
[FR Doc. 2010-13211 Filed 6-2-10; 8:45 am]
BILLING CODE 6560-50-P
