Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Alabama, Georgia, and Tennessee: Chattanooga; Determination of Attaining Data for the 1997 Annual Fine Particulate Standard, 31239-31241 [2011-13269]
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rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
Federal requirements, and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this determination that
the Pittsburgh Area has attained the
1997 8-hour ozone NAAQS 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 these actions and
VerDate Mar<15>2010
14:21 May 27, 2011
Jkt 223001
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 1, 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
determination that the Pittsburgh Area
has attained the1997 8-hour ozone
NAAQS 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,
Ozone, Reporting and recordkeeping
requirements.
Dated: May 23, 2011,
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2037, paragraph (q) is added
to read as follows:
■
§ 52.2037 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(q) Determination of attainment—In
accordance with 40 CFR 51.918, EPA
has determined that Pittsburgh-Beaver
Valley 8-hour ozone nonattainment area
has attained the 1997 8-hour ozone
standard and that certain requirements
of section 172(c) of the Clean Air Act are
suspended as long as the nonattainment
area continues to meet the 1997 8-hour
ozone 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 8-hour ozone
NAAQS for the 2007 to 2009 monitoring
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Fmt 4700
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31239
period. Complete, quality-assured air
monitoring data for 2010 are consistent
with continued attainment. This
determination suspends the obligation
of the Commonwealth of Pennsylvania
to submit an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, and other planning
requirements related to attainment of
the 1997 8-hour ozone NAAQS for the
Pittsburgh Area for as long as the area
continues to meet the 1997 8-hour
ozone NAAQS. If a violation of the1997
8-hour ozone NAAQS is monitored in
the Pittsburgh-Beaver Valley 8-hour
ozone nonattainment area, this
determination shall no longer apply.
[FR Doc. 2011–13275 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0084–201135; FRL–
9312–5]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Alabama, Georgia,
and Tennessee: Chattanooga;
Determination of Attaining Data for the
1997 Annual Fine Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has determined that the
Chattanooga, Tennessee-Georgia, fine
particulate (PM2.5) nonattainment area
(hereafter referred to as ‘‘the
Chattanooga Area’’ or ‘‘Area’’) has
attained the 1997 annual average PM2.5
National Ambient Air Quality Standard
(NAAQS). The Chattanooga Area is
comprised of Hamilton County in
Tennessee, Catoosa and Walker
Counties in Georgia, and a portion of
Jackson County in Alabama. This
determination of attainment is based
upon quality-assured and certified
ambient air monitoring data for the
2007–2009 period showing that the Area
has monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), a reasonable further progress
(RFP) plan, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to
attainment of the standard shall be
SUMMARY:
E:\FR\FM\31MYR1.SGM
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31240
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
suspended so long as the Area continues
to attain the 1997 annual PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on June 30, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2011–0084. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
FOR FURTHER INFORMATION CONTACT: Joel
Huey or Sara Waterson, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Mr. Huey
may be reached by phone at (404) 562–
9104 or via electronic mail at
huey.joel@epa.gov. Ms. Waterson may
be reached by phone at (404) 562–9061
or via electronic mail at
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
rmajette on DSK89S0YB1PROD with RULES
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA’s final action?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is determining that the
Chattanooga Area (comprised Hamilton
County in Tennessee, Catoosa and
Walker Counties in Georgia, and a
portion of Jackson County in Alabama)
has attaining data for the 1997 annual
PM2.5 NAAQS. This determination is
based upon quality assured, quality
controlled and certified ambient air
monitoring data that shows the Area has
monitored attainment of the 1997
annual PM2.5 NAAQS based on the
2007–2009 data.
Other specific requirements of the
determination and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on March 22, 2011 (76 FR
VerDate Mar<15>2010
14:21 May 27, 2011
Jkt 223001
15895). For summary purposes, a
monitor in Rossville did not meet data
completeness requirements for 2007 due
to monitor shut-down. Data substitution
was used to determine the attainment
status of the Rossville site. The Georgia
Environmental Protection Division (GA
EPD) developed a weight-of-evidence
approach for an alternative method of
data substitution. EPA determined that
GA EPD successfully demonstrated a
strong correlation between the PM2.5
data from the Rossville site and two
other sites in the Area. The annual
design value for 2007–2009 for the
Chattanooga Area is 12.7 μg/m3, at the
Siskin Drive site (47–065–4002). The
comment period closed on April 21,
2011. No comments were received in
response to the NPR.
IV. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality, and will
result in the suspension of certain
federal requirements, and it will 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
II. What is the effect of this action?
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
This final action, in accordance with
• Does not contain any unfunded
40 CFR 51.1004(c), suspends the
mandate or significantly or uniquely
requirements for this Area to submit
affect small governments, as described
attainment demonstrations, associated
in the Unfunded Mandates Reform Act
RACM, RFP plans, contingency
of 1995 (Pub. L. 104–4);
measures, and other planning SIPs
• Does not have Federalism
related to attainment of the 1997 annual implications as specified in Executive
PM2.5 NAAQS as long as this Area
Order 13132 (64 FR 43255, August 10,
continues to meet the 1997 annual PM2.5 1999);
NAAQS. Finalizing this action does not
• Is not an economically significant
constitute a redesignation of the
regulatory action based on health or
Chattanooga Area to attainment for the
safety risks subject to Executive Order
1997 annual PM2.5 NAAQS under
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
section 107(d)(3) of the Clean Air Act
subject to Executive Order 13211 (66 FR
(CAA). Further, finalizing this action
28355, May 22, 2001);
does not involve approving
• Is not subject to requirements of
maintenance plans for the Area as
Section 12(d) of the National
required under section 175A of the
Technology Transfer and Advancement
CAA, nor does it involve a
Act of 1995 (15 U.S.C. 272 note) because
determination that the Area has met all
application of those requirements would
requirements for a redesignation.
be inconsistent with the CAA; and
III. What is EPA’s final action?
• Does not provide EPA with the
discretionary authority to address, as
EPA is determining that the
appropriate, disproportionate human
Chattanooga Area has attaining data for
health or environmental effects, using
the 1997 annual PM2.5 NAAQS. This
practicable and legally permissible
determination is based upon quality
methods, under Executive Order 12898
assured, quality controlled, and certified (59 FR 7629, February 16, 1994). In
ambient air monitoring data showing
addition, this 1997 PM2.5 clean NAAQS
that this Area has monitored attainment data determination for the Chattanooga
of the 1997 annual PM2.5 NAAQS during Area does not have tribal implications
the period 2007–2009. This final action, as specified by Executive Order 13175
in accordance with 40 CFR 51.1004(c),
(65 FR 67249, November 9, 2000),
will suspend the requirements for this
because the SIP is not approved to apply
Area to submit attainment
in Indian country located in the state,
demonstrations, associated RACM, RFP
and EPA notes that it will not impose
plans, contingency measures, and other
substantial direct costs on tribal
planning SIPs related to attainment of
governments or preempt tribal law.
the 1997 annual PM2.5 NAAQS as long
The Congressional Review Act, 5
as the Area continues to meet the 1997
U.S.C. 801 et seq., as added by the Small
annual PM2.5 NAAQS. EPA is taking this Business Regulatory Enforcement
final action because it is in accordance
Fairness Act of 1996, generally provides
with the CAA and EPA policy and
that before a rule may take effect, the
agency promulgating the rule must
guidance.
PO 00000
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Fmt 4700
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E:\FR\FM\31MYR1.SGM
31MYR1
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 1, 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 may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.62 is amended by adding
paragraph (b) to read as follows:
■
§ 52.62 Control strategy: Sulfur oxides and
particulate matter.
rmajette on DSK89S0YB1PROD with RULES
*
*
*
*
(b) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
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14:21 May 27, 2011
Jkt 223001
ACTION:
Subpart L—Georgia
This document announces
that effective April 11, 2011, EPA
Region 1 has signed an agreement with
the Massachusetts Department of
Environmental Protection (MassDEP)
delegating authority to implement and
enforce the Federal Prevention of
Significant Deterioration (PSD) program
to the MassDEP. Therefore, effective that
date, MassDEP is the implementing
authority for the PSD program in
Massachusetts. This document explains
the consequences of this change for
owners and operators of sources that
have PSD permits or that will need such
permits in the future.
DATES: Effective Date: EPA’s PSD
program delegation agreement with the
MassDEP is effective on April 11, 2011.
ADDRESSES: The Delegation Agreement
is available either electronically through
https://www.epa.gov/NE/communities/
nseemissions.html 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.
Copies of the Delegation Agreement
are also available for public inspection
during normal business hours, by
appointment at the Division of Air
Quality Control, Department of
Environmental Protection, One Winter
Street, 8th Floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT:
Brendan McCahill, EPA Region 1, (617)
918–1652, or send an e-mail to
mccahill.brendan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background: On June 30, 1982 EPA
delegated authority to implement the
Federal PSD program in 40 CFR 52.21
to the MassDEP. On December 31, 2002,
EPA published in the Federal Register
revisions to the Federal PSD regulations
(67 FR 80186). A final rule revising the
Federal portions of implementation
plans in 40 CFR part 52 to include the
revisions to the Federal PSD regulations
was published in the Federal Register
on March 10, 2003. Both of these actions
were effective on March 3, 2003.
On February 27, 2003, the MassDEP
notified the Regional Administrator of
EPA Region 1 that the MassDEP would
not accept authority for the
3. Section 52.578 is amended by
adding paragraph (b) to read as follows:
■
§ 52.578 Control Strategy: Sulfur oxides
and particulate matter.
*
*
*
*
*
(b) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
Subpart RR—Tennessee
4. Section 52.2231 is amended by
adding paragraph (c) to read as follows:
■
*
*
*
*
(c) Determination of Attaining Data.
EPA has determined, as of May 31,
2011, the Chattanooga, Tennessee,
nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 52.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
[FR Doc. 2011–13269 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[A–1–FRL–9310–9]
Prevention of Significant Deterioration
(PSD) Program; Massachusetts;
Announcing Delegation Agreement
Between EPA and Massachusetts
Department of Environmental
Protection
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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Fmt 4700
Announcement of delegation
agreement.
SUMMARY:
*
Dated: May 19, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
*
continues to meet the 1997 annual PM2.5
NAAQS.
§ 52.2231 Control strategy: Sulfur oxides
and particulate matter.
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
31241
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]]>Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31239-31241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13269]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0084-201135; FRL- 9312-5]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama,
Georgia, and Tennessee: Chattanooga; Determination of Attaining Data
for the 1997 Annual Fine Particulate Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA has determined that the Chattanooga, Tennessee-Georgia,
fine particulate (PM2.5) nonattainment area (hereafter
referred to as ``the Chattanooga Area'' or ``Area'') has attained the
1997 annual average PM2.5 National Ambient Air Quality
Standard (NAAQS). The Chattanooga Area is comprised of Hamilton County
in Tennessee, Catoosa and Walker Counties in Georgia, and a portion of
Jackson County in Alabama. This determination of attainment is based
upon quality-assured and certified ambient air monitoring data for the
2007-2009 period showing that the Area has monitored attainment of the
1997 annual PM2.5 NAAQS. The requirements for the Area to
submit an attainment demonstration and associated reasonably available
control measures (RACM), a reasonable further progress (RFP) plan,
contingency measures, and other planning State Implementation Plan
(SIP) revisions related to attainment of the standard shall be
[[Page 31240]]
suspended so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on June 30, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2011-0084. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Joel Huey or Sara Waterson, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey may be
reached by phone at (404) 562-9104 or via electronic mail at
huey.joel@epa.gov. Ms. Waterson may be reached by phone at (404) 562-
9061 or via electronic mail at waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is determining that the Chattanooga Area (comprised Hamilton
County in Tennessee, Catoosa and Walker Counties in Georgia, and a
portion of Jackson County in Alabama) has attaining data for the 1997
annual PM2.5 NAAQS. This determination is based upon quality
assured, quality controlled and certified ambient air monitoring data
that shows the Area has monitored attainment of the 1997 annual
PM2.5 NAAQS based on the 2007-2009 data.
Other specific requirements of the determination and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on March 22, 2011 (76 FR 15895). For summary purposes,
a monitor in Rossville did not meet data completeness requirements for
2007 due to monitor shut-down. Data substitution was used to determine
the attainment status of the Rossville site. The Georgia Environmental
Protection Division (GA EPD) developed a weight-of-evidence approach
for an alternative method of data substitution. EPA determined that GA
EPD successfully demonstrated a strong correlation between the
PM2.5 data from the Rossville site and two other sites in
the Area. The annual design value for 2007-2009 for the Chattanooga
Area is 12.7 [mu]g/m\3\, at the Siskin Drive site (47-065-4002). The
comment period closed on April 21, 2011. No comments were received in
response to the NPR.
II. What is the effect of this action?
This final action, in accordance with 40 CFR 51.1004(c), suspends
the requirements for this Area to submit attainment demonstrations,
associated RACM, RFP plans, contingency measures, and other planning
SIPs related to attainment of the 1997 annual PM2.5 NAAQS as
long as this Area continues to meet the 1997 annual PM2.5
NAAQS. Finalizing this action does not constitute a redesignation of
the Chattanooga Area to attainment for the 1997 annual PM2.5
NAAQS under section 107(d)(3) of the Clean Air Act (CAA). Further,
finalizing this action does not involve approving maintenance plans for
the Area as required under section 175A of the CAA, nor does it involve
a determination that the Area has met all requirements for a
redesignation.
III. What is EPA's final action?
EPA is determining that the Chattanooga Area has attaining data for
the 1997 annual PM2.5 NAAQS. This determination is based
upon quality assured, quality controlled, and certified ambient air
monitoring data showing that this Area has monitored attainment of the
1997 annual PM2.5 NAAQS during the period 2007-2009. This
final action, in accordance with 40 CFR 51.1004(c), will suspend the
requirements for this Area to submit attainment demonstrations,
associated RACM, RFP plans, contingency measures, and other planning
SIPs related to attainment of the 1997 annual PM2.5 NAAQS as
long as the Area continues to meet the 1997 annual PM2.5
NAAQS. EPA is taking this final action because it is in accordance with
the CAA and EPA policy and guidance.
IV. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and will result in the suspension of certain federal
requirements, and it will not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this 1997 PM2.5 clean NAAQS data determination for the
Chattanooga Area 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
[[Page 31241]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 1, 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 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: May 19, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.62 is amended by adding paragraph (b) to read as follows:
Sec. 52.62 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(b) Determination of Attaining Data. EPA has determined, as of May
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining
data for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
Subpart L--Georgia
0
3. Section 52.578 is amended by adding paragraph (b) to read as
follows:
Sec. 52.578 Control Strategy: Sulfur oxides and particulate matter.
* * * * *
(b) Determination of Attaining Data. EPA has determined, as of May
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining
data for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
Subpart RR--Tennessee
0
4. Section 52.2231 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2231 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(c) Determination of Attaining Data. EPA has determined, as of May
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining
data for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
[FR Doc. 2011-13269 Filed 5-27-11; 8:45 am]
BILLING CODE 6560-50-P
