Approval and Promulgation of Air Quality Implementation Plans; New York, New Jersey, and Connecticut; Determination of Attainment of the 1997 Fine Particle Standard, 69589-69591 [2010-28504]
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69589
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
*
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
Appendix B to Part 4022—Lump Sum
Interest Rates For PBGC Payments
1. The authority citation for part 4022
continues to read as follows:
Before
12–1–10
*
Before
*
206
12–1–10
BILLING CODE 7709–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2010–0659;
FRL–9225–6]
Approval and Promulgation of Air
Quality Implementation Plans; New
York, New Jersey, and Connecticut;
Determination of Attainment of the
1997 Fine Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jdjones on DSK8KYBLC1PROD with RULES
Immediate
annuity rate
(percent)
2.25
[FR Doc. 2010–28570 Filed 11–12–10; 8:45 am]
The Environmental Protection
Agency (EPA) is determining that the
New York-Northern New Jersey-Long
Island, NY-NJ-CT fine particle (PM2.5)
nonattainment area for the 1997 fine
particle National Ambient Air Quality
15:26 Nov 12, 2010
*
*
Issued in Washington, DC, on November 8,
2010.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension
Benefit Guaranty Corporation.
VerDate Mar<15>2010
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1–1–11
SUMMARY:
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Appendix C to Part 4022—Lump Sum
Interest Rates For Private-Sector
Payments
*
For plans with a valuation
date
i2
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4.00
2.25
3. In appendix C to part 4022, Rate Set
206, as set forth below, is added to the
table.
On or after
i1
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1–1–11
■
Rate set
*
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
206
*
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
For plans with a valuation
date
On or after
2. In appendix B to part 4022, Rate Set
206, as set forth below, is added to the
table.
■
■
List of Subjects in 29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
Rate set
In consideration of the foregoing, 29
CFR part 4022 is amended as follows:
■
*
*
Deferred annuities
(percent)
i1
i2
*
4.00
4.00
i3
*
*
4.00
*
7
8
related to Connecticut, please contact
Standard (NAAQS) has attained the
Alison C. Simcox, (617) 918–1684, or by
1997 PM2.5 NAAQS.
e-mail at simcox.alison@epa.gov.
DATES: Effective Date: This rule will
become effective on December 15, 2010. SUPPLEMENTARY INFORMATION:
Throughout this document whenever
ADDRESSES: EPA has established a
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
docket for this action under Docket ID
EPA.
Number EPA–R02–OAR–2010–0659. All
The SUPPLEMENTARY INFORMATION
documents in the docket are listed in
section is arranged as follows:
the https://www.regulations.gov Web
I. What action is EPA taking?
site. Although listed in the electronic
docket, some information is not publicly II. What comments were received and what
is EPA’s response?
available, i.e., confidential business
III. What is the effect of this action?
information (CBI) or other information
IV. Final Action
whose disclosure is restricted by statute. V. Statutory and Executive Order Reviews
Certain other material, such as
I. What action is EPA taking?
copyrighted material, is not placed on
the Internet and will be publicly
EPA is determining that the New
available only in hard copy form.
York-Northern New Jersey-Long Island,
Publicly available docket materials are
NY-NJ-CT fine particle (PM2.5)
available either electronically through
nonattainment area, referred to from this
https://www.regulations.gov or in hard
point forward as the NY-NJ-CT fine
copy for public inspection during
particle (PM2.5) nonattainment area, for
normal business hours at the Air
the 1997 PM2.5 NAAQS has attained the
Programs Branch, U.S. Environmental
1997 PM2.5 NAAQS. This determination
Protection Agency, Region II, 290
is based upon quality assured, quality
Broadway, New York, New York 10007. controlled and certified ambient air
monitoring data that show the area has
FOR FURTHER INFORMATION CONTACT:
monitored attainment of the 1997 PM2.5
Henry Feingersh, (212) 637–3382, or by
e-mail at feingersh.henry@epa.gov if you NAAQS for the 2007–2009 monitoring
have questions related to New York or
period. Other specific requirements of
New Jersey. If you have questions
the determination and the rationale for
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
EPA’s proposed action are explained in
the proposed rulemaking published on
August 2, 2010 (75 FR 45076) and will
not be restated here.
In addition, EPA is determining that
the 1997 PM2.5 NAAQS has been
attained for the NY-NJ-CT fine particle
(PM2.5) nonattainment area by the initial
attainment date of no later than April 5,
2010 as required under the provisions of
EPA’s PM2.5 implementation rule (see 40
CFR 51.1004).
EPA notes that the State of New York
provided information in support of the
Clean Data Determination which EPA
considered in this action. On June 9,
2010, EPA received a Clean Data
petition from New York, requesting a
determination that the New York State
portion of the NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 1997
PM2.5 NAAQS has attained the 1997
PM2.5 NAAQS. In the petition, New
York provided additional technical
information supporting a Clean Data
determination for the area, including a
list of Federal and State emission
control measures that have contributed
to attainment of the 1997 PM2.5 NAAQS,
and a listing of annual PM2.5 design
values for the 2007–09 time period for
air monitors located in the NY-NJ-CT
fine particle (PM2.5) nonattainment area.
New York also provided an estimate of
design values for sites that had less than
complete air monitoring data due to site
closure. The additional information
provided by New York is further
discussed in the Technical Support
document (TSD), and is available in the
docket.
jdjones on DSK8KYBLC1PROD with RULES
II. What comments were received and
what is EPA’s response?
No public comments were received in
response to the proposal.
III. What is the effect of this action?
This final action, in accordance with
40 CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures,
reasonable further progress plans (RFP),
contingency measures, and other
planning State implementation plans
(SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area
continues to attain the 1997 PM2.5
NAAQS.
This action does not constitute a
redesignation to attainment under
section 107(d)(3) of the Clean Air Act
(CAA), 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 designation status of
VerDate Mar<15>2010
15:26 Nov 12, 2010
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the area remains nonattainment for the
1997 annual PM2.5 NAAQS until such
time as EPA determines that it meets the
CAA requirements for redesignation to
attainment.
IV. Final Action
EPA is determining that the NY-NJ-CT
fine particle (PM2.5) nonattainment area
for the 1997 PM2.5 NAAQS has attained
the 1997 PM2.5 NAAQS. This
determination is based upon quality
assured, quality controlled, and certified
ambient air monitoring data that show
that the area has monitored attainment
of the 1997 PM2.5 NAAQS for the 2007–
2009 monitoring period. This final
action, in accordance with 40 CFR
51.1004(c), will suspend the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures,
RFP, contingency measures, and other
planning SIPs related to attainment of
the 1997 PM2.5 NAAQS for so long as
the area continues to attain the 1997
PM2.5 NAAQS.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action makes a
determination based on air quality data,
and results in the suspension of certain
Federal requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule makes a determination based on air
quality data, and results in the
suspension of certain Federal
requirements, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
This rule also does not have Tribal
implications because it will not have a
substantial direct effect on one or more
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
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action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
makes a determination based on air
quality data and results in the
suspension of certain Federal
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act (CAA). This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks’’ (62 FR
19885, April 23, 1997) because it
determines that air quality in the
affected area is meeting Federal
standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures otherwise
satisfying the provisions of the CAA.
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Under Executive Order 12898, EPA
finds that this rule involves a
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
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.
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
69591
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
continues to attain the 1997 PM2.5
NAAQS.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
C. Petitions for Judicial Review
Subpart FF—New Jersey
Centers for Medicare & Medicaid
Services
3. Section 52.1602 is amended by
adding new paragraph (c) to read as
follows:
42 CFR Part 447
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 14, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
pertaining to the NY-NJ-CT PM2.5
nonattainment area clean data
determination, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: October 19, 2010.
H. Curtis Spalding,
Acting Regional Administrator, Region I.
Dated: September 29, 2010.
Judith A. Enck,
Acting Regional Administrator, Region II.
■
*
*
*
*
*
(c) Determination of Attainment. EPA
has determined, as of December 15,
2010, that the New York-Northern New
Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has
attained the 1997 PM2.5 National
Ambient Air Quality Standard. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as the area
continues to attain the 1997 PM2.5
NAAQS.
Subpart HH—New York
■
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:
§ 52.1678 Control strategy and
regulations: Particulate matter.
*
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.379 is amended by
redesignating the introductory
paragraph as paragraph (a) and adding
a new paragraph (b) to read as follows:
■
jdjones on DSK8KYBLC1PROD with RULES
§ 52.379
Control strategy: PM2.5.
(a) * * *
(b) Determination of Attainment. EPA
has determined, as of December 15,
2010, that the New York-Northern New
Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has
attained the 1997 PM2.5 National
Ambient Air Quality Standard. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as the area
VerDate Mar<15>2010
15:26 Nov 12, 2010
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4. Section 52.1678 is amended by
adding new paragraph (e) to read as
follows:
*
*
*
*
(e) Determination of Attainment. EPA
has determined, as of December 15,
2010, that the New York-Northern New
Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has
attained the 1997 PM2.5 National
Ambient Air Quality Standard. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably control available measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as the area
continues to attain the 1997 PM2.5
NAAQS.
[FR Doc. 2010–28504 Filed 11–12–10; 8:45 am]
BILLING CODE 6560–50–P
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[CMS–2238–F2]
RIN 0938–AP67
§ 52.1602 Control strategy and
regulations: PM2.5.
Medicaid Program; Withdrawal of
Determination of Average
Manufacturer Price, Multiple Source
Drug Definition, and Upper Limits for
Multiple Source Drugs
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
AGENCY:
This final rule withdraws two
provisions from the ‘‘Medicaid Program;
Prescription Drugs’’ final rule (referred
to hereafter as ‘‘AMP final rule’’)
published in the July 17, 2007 Federal
Register. The provisions we are
withdrawing are as follows: The
determination of average manufacturer
price, and the Federal upper limits for
multiple source drugs. We are also
withdrawing the definition of ‘‘multiple
source drug’’ as it was revised in the
‘‘Medicaid Program; Multiple Source
Drug Definition’’ final rule published in
the October 7, 2008 Federal Register.
DATES: Effective Date: These regulations
are effective on December 15, 2010.
FOR FURTHER INFORMATION CONTACT:
Wendy Tuttle, (410) 786–8690.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On September 3, 2010, we published
a proposed rule (75 FR 54073) in the
Federal Register to withdraw two
provisions from the ‘‘Medicaid Program;
Prescription Drugs’’ final rule published
in the July 17, 2007 Federal Register (72
FR 39142) (referred to hereafter as ‘‘AMP
final rule’’). The provisions we proposed
to withdraw are as follows:
• Section 447.504 ‘‘Determination of
AMP.’’
• Section 447.514 ‘‘Upper limits for
multiple source drugs.’’
We also proposed to withdraw the
definition of ‘‘multiple source drug’’ as
it was revised in the ‘‘Medicaid Program;
Multiple Source Drug Definition’’ final
rule published in the October 7, 2008
Federal Register (73 FR 58491).
The AMP final rule, published in the
July 17, 2007 Federal Register (72 FR
39142), implemented sections 6001(a)
through (d), 6002, and 6003 of the
Deficit Reduction Act of 2005 (Pub. L.
109–171, enacted on February 8, 2006)
(DRA) as well as codified parts of
E:\FR\FM\15NOR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69589-69591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28504]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R02-OAR-2010-0659; FRL-9225-6]
Approval and Promulgation of Air Quality Implementation Plans;
New York, New Jersey, and Connecticut; Determination of Attainment of
the 1997 Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the New York-Northern New Jersey-Long Island, NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 1997 fine particle
National Ambient Air Quality Standard (NAAQS) has attained the 1997
PM2.5 NAAQS.
DATES: Effective Date: This rule will become effective on December 15,
2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R02-OAR-2010-0659. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Programs Branch, U.S. Environmental
Protection Agency, Region II, 290 Broadway, New York, New York 10007.
FOR FURTHER INFORMATION CONTACT: Henry Feingersh, (212) 637-3382, or by
e-mail at feingersh.henry@epa.gov if you have questions related to New
York or New Jersey. If you have questions related to Connecticut,
please contact Alison C. Simcox, (617) 918-1684, or by e-mail at
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA.
The SUPPLEMENTARY INFORMATION section is arranged as follows:
I. What action is EPA taking?
II. What comments were received and what is EPA's response?
III. What is the effect of this action?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is determining that the New York-Northern New Jersey-Long
Island, NY-NJ-CT fine particle (PM2.5) nonattainment area,
referred to from this point forward as the NY-NJ-CT fine particle
(PM2.5) nonattainment area, for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5 NAAQS. This determination
is based upon quality assured, quality controlled and certified ambient
air monitoring data that show the area has monitored attainment of the
1997 PM2.5 NAAQS for the 2007-2009 monitoring period. Other
specific requirements of the determination and the rationale for
[[Page 69590]]
EPA's proposed action are explained in the proposed rulemaking
published on August 2, 2010 (75 FR 45076) and will not be restated
here.
In addition, EPA is determining that the 1997 PM2.5
NAAQS has been attained for the NY-NJ-CT fine particle
(PM2.5) nonattainment area by the initial attainment date of
no later than April 5, 2010 as required under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1004).
EPA notes that the State of New York provided information in
support of the Clean Data Determination which EPA considered in this
action. On June 9, 2010, EPA received a Clean Data petition from New
York, requesting a determination that the New York State portion of the
NY-NJ-CT fine particle (PM2.5) nonattainment area for the
1997 PM2.5 NAAQS has attained the 1997 PM2.5
NAAQS. In the petition, New York provided additional technical
information supporting a Clean Data determination for the area,
including a list of Federal and State emission control measures that
have contributed to attainment of the 1997 PM2.5 NAAQS, and
a listing of annual PM2.5 design values for the 2007-09 time
period for air monitors located in the NY-NJ-CT fine particle
(PM2.5) nonattainment area. New York also provided an
estimate of design values for sites that had less than complete air
monitoring data due to site closure. The additional information
provided by New York is further discussed in the Technical Support
document (TSD), and is available in the docket.
II. What comments were received and what is EPA's response?
No public comments were received in response to the proposal.
III. What is the effect of this action?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress plans (RFP), contingency measures, and other planning State
implementation plans (SIPs) related to attainment of the 1997
PM2.5 NAAQS for so long as the area continues to attain the
1997 PM2.5 NAAQS.
This action does not constitute a redesignation to attainment under
section 107(d)(3) of the Clean Air Act (CAA), 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 designation status of the area remains
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that it meets the CAA requirements for
redesignation to attainment.
IV. Final Action
EPA is determining that the NY-NJ-CT fine particle
(PM2.5) nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5 NAAQS. This determination
is based upon quality assured, quality controlled, and certified
ambient air monitoring data that show that the area has monitored
attainment of the 1997 PM2.5 NAAQS for the 2007-2009
monitoring period. This final action, in accordance with 40 CFR
51.1004(c), will suspend the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, RFP, contingency measures, and other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS for so long as the area
continues to attain the 1997 PM2.5 NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action makes a
determination based on air quality data, and results in the suspension
of certain Federal requirements. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule makes a determination
based on air quality data, and results in the suspension of certain
Federal requirements, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have Tribal implications because it will
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely makes a determination
based on air quality data and results in the suspension of certain
Federal requirements, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA). This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks'' (62 FR
19885, April 23, 1997) because it determines that air quality in the
affected area is meeting Federal standards.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply
because it would be inconsistent with applicable law for EPA, when
determining the attainment status of an area, to use voluntary
consensus standards in place of promulgated air quality standards and
monitoring procedures otherwise satisfying the provisions of the CAA.
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Under Executive Order 12898, EPA finds that this rule involves a
determination of attainment based on air quality data and will not have
disproportionately high and adverse human health or environmental
effects on any communities in the area, including minority and low-
income communities.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the 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.
[[Page 69591]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 14, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, pertaining to the NY-NJ-CT PM2.5
nonattainment area clean data determination, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: October 19, 2010.
H. Curtis Spalding,
Acting Regional Administrator, Region I.
Dated: September 29, 2010.
Judith A. Enck,
Acting Regional Administrator, Region II.
0
Part 52, 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 H--Connecticut
0
2. Section 52.379 is amended by redesignating the introductory
paragraph as paragraph (a) and adding a new paragraph (b) to read as
follows:
Sec. 52.379 Control strategy: PM2.5.
(a) * * *
(b) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
Subpart FF--New Jersey
0
3. Section 52.1602 is amended by adding new paragraph (c) to read as
follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(c) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
Subpart HH--New York
0
4. Section 52.1678 is amended by adding new paragraph (e) to read as
follows:
Sec. 52.1678 Control strategy and regulations: Particulate matter.
* * * * *
(e) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably control available measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
[FR Doc. 2010-28504 Filed 11-12-10; 8:45 am]
BILLING CODE 6560-50-P
