Determination of Attainment for PM-10; Fort Hall PM-10 Nonattainment Area, Idaho, 44142-44144 [2010-18564]
Download as PDF
44142
Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations
Local agency
Rule No.
Rule title
Amended
Submitted
MCAQD ...........................................................
300
Visible Emissions ...........................................
03/12/08
07/10/08
We proposed to approve this rule
because we determined that it complied
with the relevant CAA requirements.
Our proposed action contains more
information on this rule and our
evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
sroberts on DSKD5P82C1PROD with RULES
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving this rule
into the Arizona SIP.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
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
VerDate Mar<15>2010
16:21 Jul 27, 2010
Jkt 220001
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
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.
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 September 27,
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
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
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, Particulate matter,
Reporting and recordkeeping
requirements.
Dated: July 7, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
Part 52, 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 D—Arizona
2. Section 52.120 is amended by
adding paragraph (c)(141)(i)(B)(3) to
read as follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(141) * * *
(i) * * *
(B) * * *
(3) Rule 300, ‘‘Visible Emissions,’’
amended March 12, 2008.
*
*
*
*
*
[FR Doc. 2010–18561 Filed 7–27–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R10–OAR–2008–0391; FRL–9180–2]
Determination of Attainment for PM–
10; Fort Hall PM–10 Nonattainment
Area, Idaho
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing its
determination that the Fort Hall PM–10
nonattainment area on the Fort Hall
Indian Reservation in Idaho has attained
the National Ambient Air Quality
Standard for particulate matter with an
aerodynamic diameter of less than or
equal to 10 microns (PM–10) under the
SUMMARY:
E:\FR\FM\28JYR1.SGM
28JYR1
Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations
Clean Air Act. EPA’s final
determination that the Fort Hall PM–10
nonattainment area has attained the
24-hour PM–10 National Ambient Air
Quality Standard is based on EPA’s
review of complete, quality-assured air
quality data for the three-year period
ending December 31, 2009. Currently
available preliminary data for 2010
indicate that the area continues to attain
the standard.
EPA’s determination of attainment is
not equivalent to a redesignation to
attainment under Clean Air Act section
107(d)(3). The Fort Hall PM–10
nonattainment area’s designation for
PM–10 will remain moderate
nonattainment until such time as the
area is redesignated to attainment as
provided in Clean Air Act section
107(d)(3).
This action is effective on
August 27, 2010.
ADDRESSES: Copies of the information
supporting this action are available for
inspection at EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Seattle, Washington
98101, or at (206) 553–6706.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA. Information is organized as
follows:
DATES:
Table of Contents
I. What is the background for this action?
II. What comments did we receive on the
proposed action?
III. What is our final action?
IV. Statutory and Executive Order Reviews
sroberts on DSKD5P82C1PROD with RULES
I. What is the background for this
action?
On May 13, 2010, EPA proposed to
determine that the Fort Hall PM–10
nonattainment area on the Fort Hall
Indian Reservation in Idaho has attained
the 24-hour PM–10 National Ambient
Air Quality Standard (NAAQS) under
the Clean Air Act. 75 FR 26898. We
proposed this determination of
attainment based upon three years of
complete, quality-assured ambient air
monitoring data that showed the area
monitored attainment of the PM–10
NAAQS for the 2007–2009 monitoring
period. Preliminary data available for
2010 indicate that the area continues to
attain the standard and show no
exceedances of the standard in 2010.
Additional background and our
VerDate Mar<15>2010
16:21 Jul 27, 2010
Jkt 220001
rationale for this determination can be
found in the proposed rule.
II. What comments did we receive on
the proposed action?
We received one comment letter on
the proposed action, which supported
our proposed action.
III. What is our final action?
We are finalizing our determination
that the Fort Hall PM–10 nonattainment
area on the Fort Hall Indian Reservation
in Idaho has attained the 24-hour PM–
10 standard, based on complete, qualityassured air monitoring data for 2007–
2009, and currently available
preliminary data for 2010. This
determination of attainment is not a
redesignation to attainment under CAA
section 107(d)(3). The designation status
in 40 CFR part 81 for the Fort Hall PM–
10 nonattainment area will remain
moderate nonattainment until such time
as the area is redesignated to attainment
as provided in CAA section 107(d)(3). If
in the future EPA determines, after
notice- and- comment rulemaking, that
the area is no longer attaining the PM–
10 NAAQS, EPA will publish such
determination in the Federal Register.
IV. Statutory and Executive Order
Reviews
This action merely makes a
determination of attainment based upon
air quality and does not impose
additional requirements. 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);
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
44143
• 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
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 rule
merely makes a required determination
based on air quality data and neither
imposes substantial direct compliance
costs on tribal governments, nor
preempts tribal law. Therefore, the
requirements of section 5(b) and 5(c) of
the Executive Order do not apply to this
rule. Consistent with EPA policy, EPA
nonetheless provided a consultation
opportunity to the Shoshone-Bannock
Tribes in a letter to the Chairman of the
Fort Hall Business Council, dated
January 25, 2010, offering the Tribes the
opportunity to consult on this
determination and have meaningful and
timely input into the proposed decision.
EPA received no request from the Tribes
for consultation on this determination.
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 rules
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 September 27,
2010. Filing a petition for
reconsideration by the Administrator of
this final action 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
E:\FR\FM\28JYR1.SGM
28JYR1
44144
Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations
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 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 15, 2010.
Michael A. Bussell,
Acting Regional Administrator, Region 10.
[FR Doc. 2010–18564 Filed 7–27–10; 8:45 am]
BILLING CODE 6560–50–P
Toxics, 1200 Sixth Avenue (AWT–122),
Suite 900, Seattle, Washington 98101,
contact: Nina Kocourek, phone number
(206) 553–6502; or from the Washington
State Department of Ecology, 300
Desmond Drive, Lacey, Washington
98503, contact: Robert Rieck, phone
number (360) 407–6751.
FOR FURTHER INFORMATION CONTACT:
Nina Kocourek, U.S. Environmental
Protection Agency, Region 10, Office of
Air, Waste & Toxics (AWT–122), 1200
Sixth Avenue, Suite 900, Seattle,
Washington 98101, phone number:
(206) 553–6502, e-mail:
kocourek.nina@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R10–RCRA 2010–0251; FRL–9181–8]
Washington: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Washington has applied to
EPA for final authorization of certain
changes to its hazardous waste
management program under the
Resource Conservation and Recovery
Act, as amended, (RCRA). On June 18,
2010, EPA published a proposed rule to
authorize the changes and opened a
public comment period under Docket ID
No. EPA–R10–RCRA–2010–0251. The
comment period closed on July 19,
2010. EPA has decided that the
revisions to the Washington hazardous
waste management program satisfy all of
the requirements necessary to qualify
for final authorization and EPA is
authorizing these revisions to
Washington’s authorized hazardous
waste management program in this
Final rule.
DATES: Effective Date: Final
authorization for the revisions to the
hazardous waste management program
in Washington shall be effective at 1
p.m. EST on July 28, 2010.
ADDRESSES: EPA established a docket
for this action under Docket ID No.
EPA–R10–RCRA–2010–0251. All
documents in the docket are available
electronically on the Web site https://
www.regulations.gov. A hard copy of the
authorization revision application is
also available for viewing, during
normal business hours at the U.S.
Environmental Protection Agency,
Region 10, Office of Air, Waste and
sroberts on DSKD5P82C1PROD with RULES
SUMMARY:
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16:21 Jul 27, 2010
Jkt 220001
A. Why are revisions to State programs
necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste
management program that is equivalent
to, consistent with, and no less stringent
than the Federal program. As the
Federal program changes, States must
change their programs and ask EPA to
authorize the changes. Changes to State
programs may be necessary when
Federal or State statutory or regulatory
authority is modified or when certain
other changes occur. Most commonly,
States must change their programs
because of changes to EPA’s regulations
in Title 40 of the Code of Federal
Regulations (CFR) parts 124, 260
through 266, 268, 270, 273, and 279.
B. What decisions have we made in this
rule?
EPA has made a final determination
that Washington’s application to revise
its authorized program meets all of the
statutory and regulatory requirements
established by RCRA. Therefore, we are
granting Washington final authorization
to operate its hazardous waste
management program for the changes
described in its revised program
application. Washington will have
responsibility for permitting treatment,
storage, and disposal facilities (TSDFs)
within its borders, except in Indian
country (18 U.S.C. 1151), and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA, which are more
stringent than existing requirements,
take effect in authorized States before
the State is authorized for these
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
requirements. Thus, EPA will
implement those requirements and
prohibitions in Washington, including
issuing permits, until the State is
granted authorization to do so.
C. What is the effect of this
authorization decision?
The effect of this action is that a
facility in Washington subject to RCRA
will have to comply with the authorized
State requirements instead of the
corresponding Federal requirements in
order to comply with RCRA.
Additionally, such persons will have to
comply with any applicable Federal
requirements, such as, HSWA
regulations issued by EPA for which the
State has not received authorization,
and RCRA requirements that are not
supplanted by authorized State-issued
requirements. Washington has
enforcement responsibilities under its
State hazardous waste management
program for violations of its currently
authorized program and will have
enforcement responsibilities for the
revisions which are the subject of this
final rule. EPA continues to have
independent enforcement authority
under RCRA sections 3007, 3008, 3013,
and 7003, which include,, among
others, authority to:
• Conduct inspections; require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements;
suspend, terminate, modify or revoke
permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action to approve these revisions
would not impose additional
requirements on the regulated
community because the regulations for
which Washington will be authorized
are already effective under State law
and are not changed by the act of
authorization.
D. What were the comments on EPA’s
proposed rule?
On June 18, 2010 (75 FR 34674), EPA
published a proposed rule to grant
authorization of changes to
Washington’s hazardous waste
management program subject to public
comment. The public comment period
opened on June 18, 2010 and ended on
July 19, 2010. The Agency did not
receive any comments on the proposed
rule.
E. What has Washington previously
been authorized for?
Washington initially received final
authorization on January 30, 1986,
effective January 31, 1986 (51 FR 3782),
to implement the State’s dangerous
E:\FR\FM\28JYR1.SGM
28JYR1
Agencies
[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Rules and Regulations]
[Pages 44142-44144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18564]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R10-OAR-2008-0391; FRL-9180-2]
Determination of Attainment for PM-10; Fort Hall PM-10
Nonattainment Area, Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing its determination that the Fort Hall PM-10
nonattainment area on the Fort Hall Indian Reservation in Idaho has
attained the National Ambient Air Quality Standard for particulate
matter with an aerodynamic diameter of less than or equal to 10 microns
(PM-10) under the
[[Page 44143]]
Clean Air Act. EPA's final determination that the Fort Hall PM-10
nonattainment area has attained the 24[dash]hour PM-10 National Ambient
Air Quality Standard is based on EPA's review of complete, quality-
assured air quality data for the three-year period ending December 31,
2009. Currently available preliminary data for 2010 indicate that the
area continues to attain the standard.
EPA's determination of attainment is not equivalent to a
redesignation to attainment under Clean Air Act section 107(d)(3). The
Fort Hall PM-10 nonattainment area's designation for PM-10 will remain
moderate nonattainment until such time as the area is redesignated to
attainment as provided in Clean Air Act section 107(d)(3).
DATES: This action is effective on August 27, 2010.
ADDRESSES: Copies of the information supporting this action are
available for inspection at EPA Region 10, Office of Air, Waste, and
Toxics (AWT-107), 1200 Sixth Avenue, Suite 900, Seattle, Washington
98101.
FOR FURTHER INFORMATION CONTACT: Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle,
Washington 98101, or at (206) 553-6706.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:
Table of Contents
I. What is the background for this action?
II. What comments did we receive on the proposed action?
III. What is our final action?
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On May 13, 2010, EPA proposed to determine that the Fort Hall PM-10
nonattainment area on the Fort Hall Indian Reservation in Idaho has
attained the 24-hour PM-10 National Ambient Air Quality Standard
(NAAQS) under the Clean Air Act. 75 FR 26898. We proposed this
determination of attainment based upon three years of complete,
quality-assured ambient air monitoring data that showed the area
monitored attainment of the PM-10 NAAQS for the 2007-2009 monitoring
period. Preliminary data available for 2010 indicate that the area
continues to attain the standard and show no exceedances of the
standard in 2010. Additional background and our rationale for this
determination can be found in the proposed rule.
II. What comments did we receive on the proposed action?
We received one comment letter on the proposed action, which
supported our proposed action.
III. What is our final action?
We are finalizing our determination that the Fort Hall PM-10
nonattainment area on the Fort Hall Indian Reservation in Idaho has
attained the 24-hour PM-10 standard, based on complete, quality-assured
air monitoring data for 2007-2009, and currently available preliminary
data for 2010. This determination of attainment is not a redesignation
to attainment under CAA section 107(d)(3). The designation status in 40
CFR part 81 for the Fort Hall PM-10 nonattainment area will remain
moderate nonattainment until such time as the area is redesignated to
attainment as provided in CAA section 107(d)(3). If in the future EPA
determines, after notice- and- comment rulemaking, that the area is no
longer attaining the PM-10 NAAQS, EPA will publish such determination
in the Federal Register.
IV. Statutory and Executive Order Reviews
This action merely makes a determination of attainment based upon
air quality and does not impose additional requirements. 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 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
rule merely makes a required determination based on air quality data
and neither imposes substantial direct compliance costs on tribal
governments, nor preempts tribal law. Therefore, the requirements of
section 5(b) and 5(c) of the Executive Order do not apply to this rule.
Consistent with EPA policy, EPA nonetheless provided a consultation
opportunity to the Shoshone-Bannock Tribes in a letter to the Chairman
of the Fort Hall Business Council, dated January 25, 2010, offering the
Tribes the opportunity to consult on this determination and have
meaningful and timely input into the proposed decision. EPA received no
request from the Tribes for consultation on this determination.
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 rules 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 September 27, 2010. Filing a
petition for reconsideration by the Administrator of this final action
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
[[Page 44144]]
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 81
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Dated: July 15, 2010.
Michael A. Bussell,
Acting Regional Administrator, Region 10.
[FR Doc. 2010-18564 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-P