Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Kentucky and Indiana; Louisville; Determination of Attainment by Applicable Attainment Date for the 1997 Annual Fine Particulate Standards, 55544-55546 [2011-22649]
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55544
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
(d) Determination of Attainment. EPA
has determined, as of September 7,
2011, that based upon 2007–2009 air
quality data, the Huntington-Ashland,
West Virginia-Kentucky-Ohio,
nonattainment Area has attained 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 KK—Ohio
4. Section 52.1880 is amended by
adding paragraph (m) to read as follows:
■
§ 52.1880
matter.
Control Strategy: Particulate
*
*
*
*
*
(m) Determination of Attainment.
EPA has determined, as of September 7,
2011, that based upon 2007–2009 air
quality data, the Huntington-Ashland,
West Virginia-Kentucky-Ohio,
nonattainment Area has attained 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.
5. Section 52.1892 is added to read as
follows:
■
jlentini on DSK4TPTVN1PROD with RULES3
§ 52.1892
Based upon EPA’s review of the air
quality data for the 3-year period 2007–
2009, EPA determined that the
Huntington-Ashland, West VirginiaKentucky-Ohio PM2.5 nonattainment
Area attained the 1997 annual PM2.5
NAAQS by the applicable attainment
date of April 5, 2010. Therefore, EPA
has met the requirement pursuant to
CAA section 179(c) to determine, based
on the Area’s air quality as of the
attainment date, whether the Area
attained the standard. EPA also
determined that the HuntingtonAshland PM2.5 nonattainment Area is
not subject to the consequences of
failing to attain pursuant to section
179(d).
VerDate Mar<15>2010
18:42 Sep 06, 2011
Jkt 223001
ACTION:
6. Section 52.2526 is amended by
adding paragraph (c) to read as follows:
EPA is determining that the
bi-state Louisville, Kentucky-Indiana,
fine particulate (PM2.5) nonattainment
Area (hereafter referred to as ‘‘the
Louisville Area’’) has attained the 1997
annual PM2.5 national ambient air
quality standards (NAAQS) by the
applicable attainment date of April 5,
2010. The determination of attainment
was previously finalized by EPA on
March 9, 2011, and was based on
quality-assured and certified monitoring
data for the 2007–2009 monitoring
period. The Louisville Area is
comprised of Jefferson County in
Kentucky, and Clark, Floyd and a
portion of Jefferson Counties in Indiana.
EPA is determining to find that the
above-identified Area attained the 1997
annual PM2.5 NAAQS by its applicable
attainment date. EPA is finalizing this
action because it is consistent with the
Clean Air Act (CAA) and its
implementing regulations.
DATES: Effective Date: This final rule is
effective on October 7, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2010–0414. 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’s telephone number is (404) 562–
9104. Mr. Huey can also be reached 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:
■
§ 52.2526
matter.
Control strategy: Particulate
*
*
*
*
*
(c) Determination of Attainment. EPA
has determined, as of September 7,
2011, that based upon 2007–2009 air
quality data, the Huntington-Ashland,
West Virginia-Kentucky-Ohio,
nonattainment Area has attained 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.
■ 7. Section 52.2527 is added to read as
follows:
§ 52.2527
Determination of attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007–
2009, EPA determined that the
Huntington-Ashland, West VirginiaKentucky-Ohio PM2.5 nonattainment
Area attained the 1997 annual PM2.5
NAAQS by the applicable attainment
date of April 5, 2010. Therefore, EPA
has met the requirement pursuant to
CAA section 179(c) to determine, based
on the Area’s air quality as of the
attainment date, whether the Area
attained the standard. EPA also
determined that the HuntingtonAshland PM2.5 nonattainment Area is
not subject to the consequences of
failing to attain pursuant to section
179(d).
[FR Doc. 2011–22653 Filed 9–6–11; 8:45 am]
BILLING CODE 6560–50–P
Determination of attainment.
Final rule.
Subpart XX—West Virginia
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0414–201145; FRL–
9459–5]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Kentucky and
Indiana; Louisville; Determination of
Attainment by Applicable Attainment
Date for the 1997 Annual Fine
Particulate Standards
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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Fmt 4701
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SUMMARY:
E:\FR\FM\07SER3.SGM
07SER3
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
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
attainment and takes action to
redesignate the Area.
jlentini on DSK4TPTVN1PROD with RULES3
I. What action is EPA taking?
Based on EPA’s review of the qualityassured and certified monitoring data
for 2007–2009, and in accordance with
section 179(c)(1) of the CAA and EPA’s
regulations, EPA is determining that the
Louisville Area attained the 1997
annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
On March 9, 2011, EPA published a
final rulemaking to make a
determination of attainment to suspend
the requirements for the Louisville Area
to submit an attainment demonstration
and associated reasonably available
control measures (RACM), reasonable
further progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 annual
PM2.5 NAAQS so long as the Area
continues to attain the 1997 annual
PM2.5 NAAQS. See 76 FR 12860. This
final rulemaking also includes useful
background information on the PM2.5
NAAQS relevant to the Louisville Area.
Today’s action makes a determination
that the Louisville Area attained
the1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010. Today’s action is simply focused
on the date by which the Area had
attaining 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 June 15, 2011 (76 FR
34935). The comment period closed on
July 15, 2011. No comments were
received in response to the NPR.
III. What is EPA’s final action?
EPA is determining, based on qualityassured and certified monitoring data
for the 2007–2009 monitoring period,
that the Louisville Area attained the
1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5,
2010. This action is being taken
pursuant to section 179(c)(1) of the CAA
and is consistent with the CAA and its
implementing regulations.
IV. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based on air quality, and
would 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
II. What is the effect of this action?
safety risks subject to Executive Order
Today’s action is a determination that 13045 (62 FR 19885, April 23, 1997);
the Louisville Area attained the 1997
• Is not a significant regulatory action
annual PM2.5 NAAQS by its applicable
subject to Executive Order 13211 (66 FR
attainment date of April 5, 2010,
28355, May 22, 2001);
consistent with CAA section 179(c)(1).
• Is not subject to requirements of
Finalizing this action does not
Section 12(d) of the National
constitute a redesignation of Louisville
Technology Transfer and Advancement
Area to attainment of the 1997 annual
Act of 1995 (15 U.S.C. 272 note) because
PM2.5 NAAQS under section 107(d)(3) of application of those requirements would
the CAA. Further, finalizing this action
be inconsistent with the CAA; and
• Does not provide EPA with the
does not involve approving
discretionary authority to address, as
maintenance plans for the Louisville
appropriate, disproportionate human
Area as required under section 175A of
health or environmental effects, using
the CAA, nor would it find that the
practicable and legally permissible
Louisville Area has met all other
methods, under Executive Order 12898
requirements for redesignation. The
designation status of the Louisville Area (59 FR 7629, February 16, 1994). In
addition, this 1997 PM2.5 determination
remains nonattainment for the 1997
annual PM2.5 NAAQS until such time as of attainment by applicable attainment
EPA determines that the Area meets the date for the Louisville Area does not
have tribal implications as specified by
CAA requirements for redesignation to
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PO 00000
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55545
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 November 7, 2011. Filing a
petition for reconsideration by the
Administrator of these final rules do not
affect the finality of these actions for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: August 18, 2011.
Beverly H. Banister,
Acting 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 P—Indiana
2. Section 52.774 is added to read as
follows:
■
§ 52.774
Determination of attainment.
Based upon EPA’s review of the air
quality data for the 3-year period 2007–
E:\FR\FM\07SER3.SGM
07SER3
55546
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
jlentini on DSK4TPTVN1PROD with RULES3
2009, EPA determined that the
Louisville, Kentucky-Indiana PM2.5
nonattainment Area attained the 1997
annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
Therefore, EPA has met the requirement
pursuant to CAA section 179(c) to
determine, based on the Area’s air
quality as of the attainment date,
whether the Area attained the standard.
EPA also determined that the Louisville
PM2.5 nonattainment Area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
VerDate Mar<15>2010
18:42 Sep 06, 2011
Jkt 223001
Subpart S—Kentucky
3. Section 52.929 is amended by
adding paragraph (b) to read as follows:
■
§ 52.929
Determination of attainment.
*
*
*
*
*
(b) Based upon EPA’s review of the air
quality data for the 3-year period 2007–
2009, EPA determined that the
Louisville, Kentucky-Indiana PM2.5
nonattainment Area attained the 1997
annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.
PO 00000
Frm 00006
Fmt 4701
Sfmt 9990
Therefore, EPA has met the requirement
pursuant to CAA section 179(c) to
determine, based on the Area’s air
quality as of the attainment date,
whether the Area attained the standard.
EPA also determined that the Louisville
PM2.5 nonattainment Area is not subject
to the consequences of failing to attain
pursuant to section 179(d).
[FR Doc. 2011–22649 Filed 9–6–11; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\07SER3.SGM
07SER3
Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55544-55546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22649]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0414-201145; FRL-9459-5]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Kentucky and
Indiana; Louisville; Determination of Attainment by Applicable
Attainment Date for the 1997 Annual Fine Particulate Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is determining that the bi-state Louisville, Kentucky-
Indiana, fine particulate (PM2.5) nonattainment Area
(hereafter referred to as ``the Louisville Area'') has attained the
1997 annual PM2.5 national ambient air quality standards
(NAAQS) by the applicable attainment date of April 5, 2010. The
determination of attainment was previously finalized by EPA on March 9,
2011, and was based on quality-assured and certified monitoring data
for the 2007-2009 monitoring period. The Louisville Area is comprised
of Jefferson County in Kentucky, and Clark, Floyd and a portion of
Jefferson Counties in Indiana. EPA is determining to find that the
above-identified Area attained the 1997 annual PM2.5 NAAQS
by its applicable attainment date. EPA is finalizing this action
because it is consistent with the Clean Air Act (CAA) and its
implementing regulations.
DATES: Effective Date: This final rule is effective on October 7, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-0414. 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's telephone
number is (404) 562-9104. Mr. Huey can also be reached 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:
[[Page 55545]]
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?
Based on EPA's review of the quality-assured and certified
monitoring data for 2007-2009, and in accordance with section 179(c)(1)
of the CAA and EPA's regulations, EPA is determining that the
Louisville Area attained the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5, 2010.
On March 9, 2011, EPA published a final rulemaking to make a
determination of attainment to suspend the requirements for the
Louisville Area to submit an attainment demonstration and associated
reasonably available control measures (RACM), reasonable further
progress (RFP) plan, contingency measures, and other planning State
Implementation Plan (SIP) revisions related to attainment of the 1997
annual PM2.5 NAAQS so long as the Area continues to attain
the 1997 annual PM2.5 NAAQS. See 76 FR 12860. This final
rulemaking also includes useful background information on the
PM2.5 NAAQS relevant to the Louisville Area. Today's action
makes a determination that the Louisville Area attained the1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Today's action is simply focused on the date by which the Area
had attaining 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 June 15, 2011 (76 FR 34935). The comment period
closed on July 15, 2011. No comments were received in response to the
NPR.
II. What is the effect of this action?
Today's action is a determination that the Louisville Area attained
the 1997 annual PM2.5 NAAQS by its applicable attainment
date of April 5, 2010, consistent with CAA section 179(c)(1).
Finalizing this action does not constitute a redesignation of
Louisville Area to attainment of the 1997 annual PM2.5 NAAQS
under section 107(d)(3) of the CAA. Further, finalizing this action
does not involve approving maintenance plans for the Louisville Area as
required under section 175A of the CAA, nor would it find that the
Louisville Area has met all other requirements for redesignation. The
designation status of the Louisville Area remains nonattainment for the
1997 annual PM2.5 NAAQS until such time as EPA determines
that the Area meets the CAA requirements for redesignation to
attainment and takes action to redesignate the Area.
III. What is EPA's final action?
EPA is determining, based on quality-assured and certified
monitoring data for the 2007-2009 monitoring period, that the
Louisville Area attained the 1997 annual PM2.5 NAAQS by the
applicable attainment date of April 5, 2010. This action is being taken
pursuant to section 179(c)(1) of the CAA and is consistent with the CAA
and its implementing regulations.
IV. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and would 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 determination of attainment by applicable
attainment date for the Louisville 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 November 7, 2011. Filing a petition for
reconsideration by the Administrator of these final rules do not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 18, 2011.
Beverly H. Banister,
Acting 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 P--Indiana
0
2. Section 52.774 is added to read as follows:
Sec. 52.774 Determination of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007-
[[Page 55546]]
2009, EPA determined that the Louisville, Kentucky-Indiana
PM2.5 nonattainment Area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Louisville PM2.5 nonattainment Area is
not subject to the consequences of failing to attain pursuant to
section 179(d).
Subpart S--Kentucky
0
3. Section 52.929 is amended by adding paragraph (b) to read as
follows:
Sec. 52.929 Determination of attainment.
* * * * *
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Louisville, Kentucky-Indiana
PM2.5 nonattainment Area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Louisville PM2.5 nonattainment Area is
not subject to the consequences of failing to attain pursuant to
section 179(d).
[FR Doc. 2011-22649 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P