Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Determination of Attainment of the 1997 Ozone Standard for the Providence, RI Area, 64949-64951 [2010-26446]
Download as PDF
<![CDATA[
64949
Rules and Regulations
Federal Register
Vol. 75, No. 203
Thursday, October 21, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs of
the Office of Management and Budget.
Dated at Rockville, Maryland this 14th day
of October 2010.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives
Branch.
[FR Doc. 2010–26393 Filed 10–20–10; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 7590–01–P
10 CFR Part 50
RIN 3150–AI37
ENVIRONMENTAL PROTECTION
AGENCY
[NRC–2009–0014]
40 CFR Part 52
Domestic Licensing of Production and
Utilization Facilities; Updates to
Incorporation by Reference of
Regulatory Guides; Correction
[EPA–R01–OAR–2010–0459; A–1–FRL–
9215–9]
Nuclear Regulatory
Commission.
ACTION: Final rule; correction.
AGENCY:
This document corrects a
final rule that was published in the
Federal Register on October 5, 2010 (75
FR 61321). The final rule amends the
Nuclear Regulatory Commission’s (NRC)
regulations to incorporate by reference
the latest revisions of two previously
incorporated regulatory guides. This
document is necessary to include
certification in the rule that the NRC has
complied with the requirements of the
Congressional Review Act. This
information was inadvertently omitted
from the final rule.
DATES: The correction is effective on
November 4, 2010, the date the original
final rule becomes effective.
FOR FURTHER INFORMATION CONTACT:
Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch,
Office of Administration, Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Telephone: (301) 492–
3667 or Toll Free: (800) 368–5642.
SUPPLEMENTARY INFORMATION: At the top
of the third column of Page 61335 of
Federal Register document 2010–24814,
published on October 5, 2010 (75 FR
61321), add the following text:
jdjones on DSK8KYBLC1PROD with RULES
SUMMARY:
XII. Congressional Review Act
In accordance with the Congressional
Review Act of 1996, the NRC has
determined that this action is not a
VerDate Mar<15>2010
15:33 Oct 20, 2010
Jkt 223001
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Determination of Attainment of
the 1997 Ozone Standard for the
Providence, RI Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is determining that
the Providence (All of Rhode Island)
moderate 1997 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, certified
ambient air monitoring data that show
the area has monitored attainment of the
1997 8-hour ozone NAAQS for the
2007–2009 monitoring period.
Preliminary data available to date for
the 2010 ozone season is consistent with
continued attainment. Under the
provisions of EPA’s ozone
implementation rule, the requirements
for this area to submit an attainment
demonstration, a reasonable further
progress plan, contingency measures,
and other planning State
Implementation Plans related to
attainment of the 1997 8-hour ozone
NAAQS shall be suspended for so long
as the area continues to attain the 1997
ozone NAAQS. In addition, EPA is
determining that this area has attained
the 1997 ozone NAAQS as of June 15,
2010, its applicable attainment date.
DATES: Effective Date: This rule is
effective on November 22, 2010.
SUMMARY:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2010–0459. 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.
ADDRESSES:
I. What actions is EPA taking?
II. What is the effect of these actions?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What actions 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 ozone
National Ambient Air Quality Standard
(NAAQS). 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
E:\FR\FM\21OCR1.SGM
21OCR1
64950
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations
for the 2007–2009 monitoring period. In
addition, preliminary data through June
15, 2010 show this area meets the 1997
ozone NAAQS. EPA is also determining,
under section 181(b)(2)(A) of the Clean
Air Act (CAA), that this area has
attained the 1997 ozone NAAQS by its
applicable attainment date (June 15,
2010).
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 July 28, 2010 (75 FR
44179) and will not be restated here. No
comments were received on the NPR.
jdjones on DSK8KYBLC1PROD with RULES
II. What is the effect of these actions?
Under the provisions of EPA’s ozone
implementation rule (see 40 CFR
51.918), the determination that the area
is attaining the standard 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.
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.
In addition, in accordance with CAA
section 181(b)(2)(A), EPA is determining
that the Providence (All of Rhode
Island) 1997 8-hour ozone
nonattainment area has attained the
1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. The
effect of this determination of
attainment by the area’s attainment date
is to discharge EPA’s obligation under
section 181(b)(2)(A), and to establish
that, in accordance with that section,
the area will not be reclassified for
VerDate Mar<15>2010
15:33 Oct 20, 2010
Jkt 223001
failure to attain by its applicable
attainment date.
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 three years of complete, qualityassured and certified ozone monitoring
data from 2007–2009. Preliminary data
available through June 15, 2010 are
consistent with 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,
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 1997
ozone standard. In addition, pursuant to
CAA section 181(b)(2)(A), EPA is
determining that the Providence (All of
Rhode Island) 8-hour ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS by its
applicable attainment date (June 15,
2010).
IV. Statutory and Executive Order
Reviews
These actions make a determination
of attainment based on air quality, and
result in the suspension of certain
Federal requirements, and do not
impose additional requirements beyond
those imposed by state law. For that
reason, these actions:
• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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, these actions do 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 these actions 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 December 20,
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,
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Rules and Regulations
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 8, 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:
■
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 (d) to read as follows:
■
§ 52.2088
Control strategy: Ozone.
*
*
*
*
*
(d) Determination of Attainment.
Effective November 22, 2010, 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
2007–2009 monitoring data. 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. In addition, this
area met its June 15, 2010 attainment
deadline for the 1997 ozone standard.
[FR Doc. 2010–26446 Filed 10–20–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1096; FRL–9215–8]
jdjones on DSK8KYBLC1PROD with RULES
Approval and Promulgation of
Implementation Plans; Illinois;
Voluntary Nitrogen Oxides Controls
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On May 1, 2001, the Illinois
Environmental Protection Agency
(Illinois EPA) submitted a request for
SUMMARY:
VerDate Mar<15>2010
15:33 Oct 20, 2010
Jkt 223001
EPA approval of a State Implementation
Plan (SIP) revision for regulations
governing Nitrogen Oxides (NOX)
emission allowances granted for
implementation of voluntary control of
NOX emissions from sources other than
those covered by other Illinois NOX
emission control regulations. On March
4, 2008, EPA proposed to disapprove
the requested SIP revision. This final
rule completes the disapproval of the
requested SIP revision.
DATES: This final rule is effective on
November 22, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2007–1096. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(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 Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Edward Doty,
Environmental Scientist, at (312) 886–
6057 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6057,
Doty.Edward@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. Did anyone comment on the proposed
disapproval of the state’s SIP revision
request?
III. Illinois’ Voluntary Nitrogen Oxides
Control Rule
IV. Why did EPA propose to disapprove this
rule as a SIP revision?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is disapproving a requested
Illinois SIP revision, submitted on May
1, 2001, which would have incorporated
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
64951
a rule governing NOX emission
allowances (estimation and crediting of
NOX emission reductions as emission
allowances for use in a national,
Federally-operated NOX emissions
trading program) resulting from the
application of voluntary NOX emission
reductions at source facilities not
subject to Illinois’ existing NOX
emission control rules. This rule is
specified/codified in Illinois’ 35 Illinois
Administrative Code (IAC), part 217,
subpart X (the Subpart X rule).
II. Did anyone comment on the
proposed disapproval of the state’s SIP
revision request?
No comments were received during
the 30-day comment period on the
proposed disapproval of the Subpart X
rule as an Illinois SIP revision. The
proposed rule was published on March
4, 2008 (73 FR 11565).
III. Illinois’ Voluntary Nitrogen Oxides
Control Rule
On May 1, 2001, the Illinois EPA
submitted 35 Illinois Administrative
Code (IAC), part 217, subpart X as a
requested revision of the Illinois SIP.
The Subpart X rule provided for the
determination and crediting of NOX
emission reductions resulting from the
voluntary application of NOX emission
controls as NOX emission allowances
that could be sold in a national NOX
emission allowance trading system. A
detailed description of the Subpart X
rule and its subparts can be found in our
proposed rule published in the Federal
Register on March 4, 2008 (73 FR
11566).
IV. Why did EPA propose to disapprove
this rule as a SIP revision?
Our March 4, 2008, proposed rule
contained a number of comments
specific to each subpart of the Subpart
X rule (73 FR 11573). Based on the more
detailed comments and concerns raised
in the proposed rule, we had the
following general concerns regarding
the Subpart X rule: (1) The Subpart X
rule would unacceptably grant NOX
emission allowances for source closures;
(2) the rule does not prevent crediting
of facility-specific NOX emission
reductions resulting from shifting of
production and NOX emissions from
one facility to another; (3) the rule
establishes an emission baseline year
(from which NOX emission allowances
are earned through subsequent NOX
emission reductions), 1995, that is too
far in the past, prior to the State’s
adoption of the Subpart X rule and prior
to the baseline year used for other
sources involved in EPA’s NOX Budget
Trading Program; (4) the rule
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64949-64951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26446]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2010-0459; A-1-FRL-9215-9]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Determination of Attainment of the 1997 Ozone Standard
for the Providence, RI Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is determining that the Providence (All of Rhode
Island) moderate 1997 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, certified
ambient air monitoring data that show the area has monitored attainment
of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period.
Preliminary data available to date for the 2010 ozone season is
consistent with continued attainment. Under the provisions of EPA's
ozone implementation rule, the requirements for this area to submit an
attainment demonstration, a reasonable further progress plan,
contingency measures, and other planning State Implementation Plans
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended
for so long as the area continues to attain the 1997 ozone NAAQS. In
addition, EPA is determining that this area has attained the 1997 ozone
NAAQS as of June 15, 2010, its applicable attainment date.
DATES: Effective Date: This rule is effective on November 22, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2010-0459. 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 actions is EPA taking?
II. What is the effect of these actions?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What actions 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
ozone National Ambient Air Quality Standard (NAAQS). 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
[[Page 64950]]
for the 2007-2009 monitoring period. In addition, preliminary data
through June 15, 2010 show this area meets the 1997 ozone NAAQS. EPA is
also determining, under section 181(b)(2)(A) of the Clean Air Act
(CAA), that this area has attained the 1997 ozone NAAQS by its
applicable attainment date (June 15, 2010).
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 July 28, 2010 (75 FR 44179) and will not
be restated here. No comments were received on the NPR.
II. What is the effect of these actions?
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), the determination that the area is attaining the standard
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.
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.
In addition, in accordance with CAA section 181(b)(2)(A), EPA is
determining that the Providence (All of Rhode Island) 1997 8-hour ozone
nonattainment area has attained the 1997 ozone NAAQS by its applicable
attainment date of June 15, 2010. The effect of this determination of
attainment by the area's attainment date is to discharge EPA's
obligation under section 181(b)(2)(A), and to establish that, in
accordance with that section, the area will not be reclassified for
failure to attain by its applicable attainment date.
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 three years of complete, quality-assured and certified ozone
monitoring data from 2007-2009. Preliminary data available through June
15, 2010 are consistent with 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, 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 1997
ozone standard. In addition, pursuant to CAA section 181(b)(2)(A), EPA
is determining that the Providence (All of Rhode Island) 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS by its
applicable attainment date (June 15, 2010).
IV. Statutory and Executive Order Reviews
These actions make a determination of attainment based on air
quality, and result in the suspension of certain Federal requirements,
and do not impose additional requirements beyond those imposed by state
law. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, these actions do 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 these actions 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 December 20, 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,
[[Page 64951]]
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.
Dated: October 8, 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 (d) to read as
follows:
Sec. 52.2088 Control strategy: Ozone.
* * * * *
(d) Determination of Attainment. Effective November 22, 2010, 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
2007-2009 monitoring data. 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. In addition, this area met its June 15, 2010 attainment deadline
for the 1997 ozone standard.
[FR Doc. 2010-26446 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P
