Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Macon; Determination of Attaining Data for the 1997 Annual Fine Particulate Standard, 31858-31860 [2011-13567]
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[FR Doc. 2011–13267 Filed 6–1–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0055–201136; FRL–
9313–8]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Georgia: Macon;
Determination of Attaining Data for the
1997 Annual Fine Particulate Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA has determined that the
Macon, Georgia, fine particulate (PM2.5)
nonattainment area (hereafter referred to
as ‘‘the Macon Area’’ or ‘‘Area’’) has
attained the 1997 annual average PM2.5
national ambient air quality standard
(NAAQS). The Macon Area is
comprised of Bibb County in its entirety
and a portion of Monroe County. This
determination of attainment is based
upon complete, quality-assured and
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SUMMARY:
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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 suspended so long as the Area
continues to attain the 1997 annual
PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on July 5, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2011–0055. 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
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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 Macon
Area (comprised of Bibb County in its
entirety and a portion of Monroe
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County) 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
15892). For summary purposes, the
Macon-Allied Chemical monitor (13–
021–0007) did not meet 75 percent
completeness for the first quarter of
2008 and the Macon SE monitor (13–
021–0012) did not meet 75 percent
completeness for the second and fourth
quarters of 2008 and third quarter of
2009. The 3-year average annual
concentrations for 2007–2009 without
data substitution are 13.7 μg/m3 for
Macon Allied and 12.0 μg/m3 for Macon
SE. The 3-year average annual
concentrations for 2007–2009 on this
table with data substitution are 14.9 μg/
m3 for Macon Allied and 13.3 μg/m3 for
Macon SE. EPA proposed that the
Macon Area is meeting the 1997 annual
PM2.5 NAAQS both with and without
data substitution and is now meeting
the 1997 annual PM2.5 NAAQS. The
design value without data substitution,
13.3 μg/m3, is considered to be the
official design value. The comment
period closed on April 21, 2011. No
comments were received in response to
the NPR.
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
II. What is the effect of this action?
mandate or significantly or uniquely
This final action, in accordance with
affect small governments, as described
40 CFR 51.1004(c), suspends the
in the Unfunded Mandates Reform Act
requirements for this Area to submit
of 1995 (Pub. L. 104–4);
attainment demonstrations, associated
• Does not have Federalism
RACM, RFP plans, contingency
implications as specified in Executive
measures, and other planning SIPs
Order 13132 (64 FR 43255, August 10,
related to attainment of the 1997 annual 1999);
PM2.5 NAAQS as long as this Area
• Is not an economically significant
continues to meet the 1997 annual PM2.5 regulatory action based on health or
NAAQS. Finalizing this action does not safety risks subject to Executive Order
constitute a redesignation of the Macon
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
Area to attainment for the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
the Clean Air Act (CAA). Further,
• Is not subject to requirements of
finalizing this action does not involve
Section 12(d) of the National
approving maintenance plans for the
Technology Transfer and Advancement
Area as required under section 175A of
Act of 1995 (15 U.S.C. 272 note) because
the CAA, nor does it involve a
application of those requirements would
determination that the Area has met all
be inconsistent with the CAA; and
requirements for a redesignation.
• Does not provide EPA with the
III. What is EPA’s final action?
discretionary authority to address, as
appropriate, disproportionate human
EPA is determining that the Macon
health or environmental effects, using
Area has attaining data for the 1997
practicable and legally permissible
annual PM2.5 NAAQS. This
methods, under Executive Order 12898
determination is based upon quality
assured, quality controlled, and certified (59 FR 7629, February 16, 1994). In
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31859
addition, this 1997 PM2.5 clean NAAQS
data determination for the Macon 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
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]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.578 is amended by
adding paragraph (c) to read as follows:
■
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§ 52.578 Control Strategy: Sulfur oxides
and particulate matter.
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(c) Determination of Attaining Data.
EPA has determined, as of June 2, 2011,
the Macon, Georgia, 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. 2011–13567 Filed 6–1–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 572
[Docket No. NHTSA–2010–0146]
RIN 2127–AK64
Anthropomorphic Test Devices; Hybrid
III Test Dummy, ES–2re Side Impact
Crash Test Dummy
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
AGENCY:
This document corrects or
makes minor changes to some of the
drawings incorporated by reference into
NHTSA regulations by a final rule
published on June 16, 2008, concerning
a 50th percentile adult male side crash
test dummy called the ‘‘ES–2re’’ test
dummy. The corrections and
adjustments to the drawings respond to
requests from test dummy
manufacturers First Technology Safety
Systems (FTSS) and Denton ATD
(Denton). This final rule also corrects
dimensional errors in a figure which
depicts the pendulum used in the neck
qualification tests of several of the crash
test dummies, including the Hybrid III
and ES–2re test dummies.
DATES: The effective date of this final
rule is November 29, 2011. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register as of November 29, 2011.
Petitions for reconsideration: Petitions
for reconsideration of this final rule
must be received not later than July 18,
2011.
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Petitions for reconsideration
of this final rule must refer to the docket
and notice number set forth above and
be submitted to the Administrator,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590. (A
copy of the petition will be placed in
the docket.)
Privacy Act: Anyone is able to search
the electronic form of all submissions
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). A copy of
the petition will be placed in the docket.
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78).
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call Peter
Martin, NHTSA Office of
Crashworthiness Standards (telephone
202–366–5668) (fax 202–493–2990). For
legal issues, you may call Deirdre Fujita,
NHTSA Office of Chief Counsel
(telephone 202–366–2992) (fax 202–
366–3820). The mailing address for
these officials is the National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
NHTSA published a final rule on June
16, 2008 (73 FR 33903, Docket No.
NHTSA–08–0111) that responded to
various petitions for reconsideration of
a previous final rule 1 incorporating a
mid-size adult male crash test dummy,
called the ‘‘ES–2re’’ test dummy, into 49
CFR part 572, Subpart U. The ES–2re is
used in an upgraded Federal Motor
Vehicle Safety Standard No. 214, ‘‘Side
impact protection,’’ and in the agency’s
New Car Assessment Program. The June
16, 2008 final rule incorporated by
reference a drawing package, parts list,
and user’s manual, all dated February
2008.
After publication of the June 16, 2008
final rule, NHTSA received requests
from dummy manufacturers FTSS and
Denton to correct errors in or make
minor changes to the ES–2re drawing
package. Many of these requested
changes were wholly corrective, while
others, although minor, were more
substantive and notice of such changes
appeared beneficial. Rather than
respond to the requested changes
1 That final rule adopting the ES–2re into 49 CFR
part 572 was published December 14, 2006 (71 FR
75303, Docket No. NHTSA–04–25441).
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piecemeal, the agency decided to
address all the requested changes in a
rulemaking proceeding that commenced
with a notice of proposed rulemaking
(NPRM) published February 5, 2010 (75
FR 5931; Docket No. NHTSA–2009–
0194).
The February 5, 2010 NPRM provided
a detailed discussion of the proposed
changes to the ES–2re drawing package
and parts list. In addition, the NPRM
proposed to clarify the inclusion of load
sensors and to correct dimensional
errors in Figure 22 of 49 CFR part 572,
which is a figure illustrating the
pendulum used in the neck
qualification test for the ES–2re and
other adult crash test dummies (e.g., the
Hybrid III 50th percentile adult male).
NHTSA received no comments on the
NPRM. We are adopting the changes
proposed in the NPRM for the reasons
discussed in that document.
II. Changes in Response to FTSS
NHTSA is making the following
changes to the drawing package and
parts list for the ES–2re dummy in
response to FTSS. In the NPRM, NHTSA
provided a detailed discussion of the
changes requested by FTSS and our
rationale underlying our tentative
decision to grant or deny each request.
In this final rule, the agency is adopting
these amendments for the reasons
discussed in the NPRM.
1. Drawing 175–1011, Top Plate
UNLC Blank. NHTSA is removing the ;
symbol from the dimensions M;5.0,
M;6.0, M;6, and M;2.5.
2. Drawing 175–3502, Pivot Stop
Plate, Left. Note #4 is fixed by replacing
RH with LH.
3. Drawing 175–6006, Pubic
Symphysis Structural Replacement. The
Part Mark located at the center of the
part is removed from the drawing.
4. Drawing 175–6012, Hip Pivot Pin.
Dimension ‘‘16.994 +0.000/¥ 0.011’’ is
changed to ‘‘16.990 +0.000/¥0.011.’’
5. Drawing 175–6010, Iliac Wing
Assembly, Left. Drawing dimension
‘‘17.0556’’ is changed to (17), a reference
dimension. Dimension ‘‘R0.5’’ is added.
Dimension ‘‘;20.03 ± 0.05’’ is changed
to ‘‘;20.05 ± 0.05.’’ The material
reference block is amended to specify
the material to be ‘‘PU Resin’’
(polyurethane).
6. Drawing 175–6063, Femur Bearing
Plate, Left. The ‘‘48.3000 ± 0.0001’’
dimension is changed to ‘‘48.3.’’ The
17.5000 dimension for hole depth in
zone C–2 is changed to (17.5) to indicate
a reference. Zone D–1 is amended by
eliminating an extra ‘‘R’’ in the R23.5
dimension.
7. Drawing 175–6068, Femur Bearing
Plate, Right. We are removing the
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[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31858-31860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0055-201136; FRL-9313-8]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia:
Macon; 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 Macon, Georgia, fine particulate
(PM2.5) nonattainment area (hereafter referred to as ``the
Macon Area'' or ``Area'') has attained the 1997 annual average
PM2.5 national ambient air quality standard (NAAQS). The
Macon Area is comprised of Bibb County in its entirety and a portion of
Monroe County. This determination of attainment is based upon complete,
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 suspended so long as the
Area continues to attain the 1997 annual PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on July 5, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2011-0055. 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 Macon Area (comprised of Bibb County in
its entirety and a portion of Monroe
[[Page 31859]]
County) 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 15892). For summary purposes,
the Macon-Allied Chemical monitor (13-021-0007) did not meet 75 percent
completeness for the first quarter of 2008 and the Macon SE monitor
(13-021-0012) did not meet 75 percent completeness for the second and
fourth quarters of 2008 and third quarter of 2009. The 3-year average
annual concentrations for 2007-2009 without data substitution are 13.7
[micro]g/m\3\ for Macon Allied and 12.0 [micro]g/m\3\ for Macon SE. The
3-year average annual concentrations for 2007-2009 on this table with
data substitution are 14.9 [micro]g/m\3\ for Macon Allied and 13.3
[micro]g/m\3\ for Macon SE. EPA proposed that the Macon Area is meeting
the 1997 annual PM2.5 NAAQS both with and without data
substitution and is now meeting the 1997 annual PM2.5 NAAQS.
The design value without data substitution, 13.3 [mu]g/m\3\, is
considered to be the official design value. 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 Macon 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 Macon 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 Macon
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 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 L--Georgia
0
2. Section 52.578 is amended by adding paragraph (c) to read as
follows:
[[Page 31860]]
Sec. 52.578 Control Strategy: Sulfur oxides and particulate matter.
* * * * *
(c) Determination of Attaining Data. EPA has determined, as of June
2, 2011, the Macon, Georgia, 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. 2011-13567 Filed 6-1-11; 8:45 am]
BILLING CODE 6560-50-P
