Approval and Promulgation of Air Quality Implementation Plans; West Virginia: Kentucky; Ohio; Huntington-Ashland Nonattainment Area; Determinations of Attainment of the 1997 Annual Fine Particulate Standards, 55542-55544 [2011-22653]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0255–201141; FRL–
9459–4]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia: Kentucky; Ohio; HuntingtonAshland Nonattainment Area;
Determinations of Attainment of the
1997 Annual Fine Particulate
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is determining that the
tri-state Huntington-Ashland, West
Virginia-Kentucky-Ohio, fine particulate
(PM2.5) nonattainment Area (hereafter
referred to as ‘‘the Huntington-Ashland
Area’’ or ‘‘Area’’) has attained the 1997
annual PM2.5 national ambient air
quality standards (NAAQS) and
additionally, that the Area has attained
the 1997 annual PM2.5 NAAQS by its
applicable attainment date of April 5,
2010. The Huntington-Ashland Area is
comprised of Cabell and Wayne
Counties in their entireties and a
portion of Mason County (Graham Tax
District) in West Virginia; Boyd County
in its entirety and a portion of Lawrence
County in Kentucky; and a portion of
Adams, a portion of Gallia, Lawrence,
and Scioto Counties in Ohio. These
determinations of attainment are 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
suspended so long as the Area continues
to attain the 1997 annual PM2.5 NAAQS.
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–2010–0255. 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
jlentini on DSK4TPTVN1PROD with RULES3
SUMMARY:
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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: In
Region 3, Ellen Wentworth, Office of Air
Program Planning, U.S. Environmental
Protection Agency, Region 3, 1650 Arch
Street, Philadelphia, Pennsylvania
19103–2023. Ms. Wentworth’s
telephone number is (215) 814–2034.
Ms. Wentworth can also be reached via
electronic mail at
wentworth.ellen@epa.gov. In Region 4,
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. In Region 5,
John Summerhays, Air Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604–3507. Mr. Summerhays’
telephone number is (312) 886–6067.
Mr. Summerhays can also be reached
via electronic mail at
summerhays.john@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
Huntington-Ashland Area (comprised of
Cabell and Wayne Counties in their
entireties and a portion of Mason
County (Graham Tax District) in West
Virginia; Boyd County in its entirety
and a portion of Lawrence County in
Kentucky; and a portion of Adams, a
portion of Gallia, Lawrence, and Scioto
Counties in Ohio) has attained the 1997
annual PM2.5 NAAQS. This
determination is based upon qualityassured, quality-controlled and certified
ambient air monitoring data that shows
the Area has monitored attainment of
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the 1997 annual PM2.5 NAAQS based on
the 2007–2009 data as well as the 2008–
2010 data. EPA is also determining, in
accordance with EPA’s PM2.5
Implementation Rule of April 25, 2007
(72 FR 20664), that the HuntingtonAshland Area has attained the 1997
annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010.
Other specific requirements of the
determination and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on May 11, 2011 (76 FR
27290). For summary purposes, and
with regard to the data, the Lawrence
County Hospital (LCH) site was
demolished on February 12, 2008, and
a new site in the Lawrence County,
Ohio portion of the Huntington-Ashland
Area, known as the Ironton DOT site,
began operation on the same day. As a
consequence of the shutdown of the
LCH site, the site was not able to meet
the data completeness requirements for
2007–2009 because it was not operating
for the entire 2007–2009 monitoring
period. In a statistical analysis
performed by EPA’s Office of Air
Quality Planning and Standards, as
described in the NPR, EPA determined
that the upper end of the range of
potential 2007–2009 design values for
the LCH site did not exceed the
NAAQS. The Ironton DOT site was a
new site in 2008 and thus did not
collect data for 2007 and part of the first
quarter of 2008; however, the data are
complete for the remainder of 2008 and
2009. Because this was a new monitor
during the 2007–2009 period, these data
are considered supplemental to the data
provided from the other monitors in the
Area. The annual design value for 2007–
2009 for the Huntington-Ashland Area
is 14.1 micrograms per cubic meter (μg/
m3), at the Huntington site (54–011–
0006). The annual design value for
2008–2010 for the Huntington-Ashland
Area is 13.1 μg/m3, at the Huntington
site (54–011–0006). These values are
below the NAAQS. The comment period
closed on June 10, 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
Huntington-Ashland Area to attainment
for the 1997 annual PM2.5 NAAQS
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
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.
In addition, EPA is making a separate
and independent determination that the
Area has attained the 1997 annual PM2.5
standard by its applicable attainment
date (April 5, 2010), thereby satisfying
EPA’s requirement pursuant to section
179(c)(1) of the CAA to make a
determination based on the Area’s air
quality data as of the attainment date
whether the Area attained the standard
by that date.
III. What is EPA’s final action?
EPA is determining that the
Huntington-Ashland Area has data
indicating it has attained the 1997
annual PM2.5 NAAQS, and additionally,
that the Area has attained the standard
by its applicable attainment date (April
5, 2010). These determinations are
based upon quality-assured, qualitycontrolled, 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 and continues to monitor
attainment during the 2008–2010
period. The determination of attaining
data 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. These actions are being taken
pursuant to section 179(c)(1) of the CAA
and are consistent with the CAA and its
implementing regulations.
jlentini on DSK4TPTVN1PROD with RULES3
IV. Statutory and Executive Order
Reviews
This action makes determinations 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.);
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• 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 HuntingtonAshland 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
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55543
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).)
For purposes of judicial review, the
two determinations approved by today’s
action are severable from one another.
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: July 21, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
Dated: August 18, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
Dated: July 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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 S—Kentucky
2. Section 52.929 is added to read as
follows:
■
§ 52.929
Determination of attainment.
(a) 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).
(b) [Reserved]
■ 3. Section 52.933 is amended by
adding paragraph (d) to read as follows:
§ 52.933 Control Strategy: Sulfur oxides
and particulate matter.
*
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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).
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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:
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SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55542-55544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22653]
[[Page 55541]]
Vol. 76
Wednesday,
No. 173
September 7, 2011
Part IV
Environmental Protection Agency
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40 CFR Part 52
Approval and Promulgation of Air Quality Implementation Plans; Final
Rules
Federal Register / Vol. 76 , No. 173 / Wednesday, September 7, 2011 /
Rules and Regulations
[[Page 55542]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0255-201141; FRL-9459-4]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia: Kentucky; Ohio; Huntington-Ashland Nonattainment Area;
Determinations of Attainment of the 1997 Annual Fine Particulate
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is determining that the tri-state Huntington-Ashland, West
Virginia-Kentucky-Ohio, fine particulate (PM2.5)
nonattainment Area (hereafter referred to as ``the Huntington-Ashland
Area'' or ``Area'') has attained the 1997 annual PM2.5
national ambient air quality standards (NAAQS) and additionally, that
the Area has attained the 1997 annual PM2.5 NAAQS by its
applicable attainment date of April 5, 2010. The Huntington-Ashland
Area is comprised of Cabell and Wayne Counties in their entireties and
a portion of Mason County (Graham Tax District) in West Virginia; Boyd
County in its entirety and a portion of Lawrence County in Kentucky;
and a portion of Adams, a portion of Gallia, Lawrence, and Scioto
Counties in Ohio. These determinations of attainment are 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 suspended so long as the
Area continues to attain the 1997 annual PM2.5 NAAQS.
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-2010-0255. 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: In Region 3, Ellen Wentworth, Office
of Air Program Planning, U.S. Environmental Protection Agency, Region
3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2023. Ms.
Wentworth's telephone number is (215) 814-2034. Ms. Wentworth can also
be reached via electronic mail at wentworth.ellen@epa.gov. In Region 4,
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. In Region 5, John
Summerhays, Air Planning and Maintenance Section, Air Programs Branch
(AR-18J), U.S. Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604-3507. Mr. Summerhays'
telephone number is (312) 886-6067. Mr. Summerhays can also be reached
via electronic mail at summerhays.john@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 Huntington-Ashland Area (comprised of
Cabell and Wayne Counties in their entireties and a portion of Mason
County (Graham Tax District) in West Virginia; Boyd County in its
entirety and a portion of Lawrence County in Kentucky; and a portion of
Adams, a portion of Gallia, Lawrence, and Scioto Counties in Ohio) has
attained 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 as well
as the 2008-2010 data. EPA is also determining, in accordance with
EPA's PM2.5 Implementation Rule of April 25, 2007 (72 FR
20664), that the Huntington-Ashland Area has attained the 1997 annual
PM2.5 NAAQS by its applicable attainment date of April 5,
2010.
Other specific requirements of the determination and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on May 11, 2011 (76 FR 27290). For summary purposes,
and with regard to the data, the Lawrence County Hospital (LCH) site
was demolished on February 12, 2008, and a new site in the Lawrence
County, Ohio portion of the Huntington-Ashland Area, known as the
Ironton DOT site, began operation on the same day. As a consequence of
the shutdown of the LCH site, the site was not able to meet the data
completeness requirements for 2007-2009 because it was not operating
for the entire 2007-2009 monitoring period. In a statistical analysis
performed by EPA's Office of Air Quality Planning and Standards, as
described in the NPR, EPA determined that the upper end of the range of
potential 2007-2009 design values for the LCH site did not exceed the
NAAQS. The Ironton DOT site was a new site in 2008 and thus did not
collect data for 2007 and part of the first quarter of 2008; however,
the data are complete for the remainder of 2008 and 2009. Because this
was a new monitor during the 2007-2009 period, these data are
considered supplemental to the data provided from the other monitors in
the Area. The annual design value for 2007-2009 for the Huntington-
Ashland Area is 14.1 micrograms per cubic meter ([mu]g/m\3\), at the
Huntington site (54-011-0006). The annual design value for 2008-2010
for the Huntington-Ashland Area is 13.1 [mu]g/m\3\, at the Huntington
site (54-011-0006). These values are below the NAAQS. The comment
period closed on June 10, 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 Huntington-Ashland Area to attainment for the 1997 annual
PM2.5 NAAQS
[[Page 55543]]
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.
In addition, EPA is making a separate and independent determination
that the Area has attained the 1997 annual PM2.5 standard by
its applicable attainment date (April 5, 2010), thereby satisfying
EPA's requirement pursuant to section 179(c)(1) of the CAA to make a
determination based on the Area's air quality data as of the attainment
date whether the Area attained the standard by that date.
III. What is EPA's final action?
EPA is determining that the Huntington-Ashland Area has data
indicating it has attained the 1997 annual PM2.5 NAAQS, and
additionally, that the Area has attained the standard by its applicable
attainment date (April 5, 2010). These determinations are 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 and
continues to monitor attainment during the 2008-2010 period. The
determination of attaining data 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. These actions are being taken
pursuant to section 179(c)(1) of the CAA and are consistent with the
CAA and its implementing regulations.
IV. Statutory and Executive Order Reviews
This action makes determinations 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
Huntington-Ashland 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 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).)
For purposes of judicial review, the two determinations approved by
today's action are severable from one another.
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: July 21, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
Dated: August 18, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
Dated: July 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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 S--Kentucky
0
2. Section 52.929 is added to read as follows:
Sec. 52.929 Determination of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Huntington-Ashland, West
Virginia-Kentucky-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 Huntington-Ashland PM2.5 nonattainment
Area is not subject to the consequences of failing to attain pursuant
to section 179(d).
(b) [Reserved]
0
3. Section 52.933 is amended by adding paragraph (d) to read as
follows:
Sec. 52.933 Control Strategy: Sulfur oxides and particulate matter.
* * * * *
[[Page 55544]]
(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
0
4. Section 52.1880 is amended by adding paragraph (m) to read as
follows:
Sec. 52.1880 Control Strategy: Particulate matter.
* * * * *
(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.
0
5. Section 52.1892 is added to read as follows:
Sec. 52.1892 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
Virginia-Kentucky-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 Huntington-Ashland PM2.5 nonattainment
Area is not subject to the consequences of failing to attain pursuant
to section 179(d).
Subpart XX--West Virginia
0
6. Section 52.2526 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2526 Control strategy: Particulate matter.
* * * * *
(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.
0
7. Section 52.2527 is added to read as follows:
Sec. 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
Virginia-Kentucky-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 Huntington-Ashland 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
