Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 2006 Fine Particulate Standard for the Charleston Area, 71450-71452 [2011-29767]
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations
ethical and conflicts of interest
questions and acts as the Commission’s
liaison on such matters with the Office
of Administrative and Personnel
Management, the Office of the Inspector
General and the Department of Justice.’’;
■ b. In paragraph (b), remove the phrase
‘‘Subject to the oversight of the General
Counsel or his or her delegate, the’’ and
add in its place the word ‘‘The’’;
Subpart M—Regulation Concerning
Conduct of Members and Employees
and Former Members and Employees
of the Commission
4. The authority citation for Part 200,
Subpart M, continues to read as follows:
■
cost of producing film and television
productions.
This correction is effective on
November 18, 2011, and is applicable
on October 19, 2011.
FOR FURTHER INFORMATION CONTACT:
Bernard P. Harvey, (202) 622–4930 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
Background
The final and temporary regulations
that are the subject of this correction are
under Section 181 of the Internal
Revenue Code.
Need for Correction
Authority: 15 U.S.C. 77s, 77sss, 78w, 80a–
37, 80b–11; E.O. 11222, 3 CFR, 1964–1965
Comp., p. 36; 5 CFR 735.104 and 5 CFR 2634;
and 5 CFR 2635, unless otherwise noted.
As published, final and temporary
regulations (TD 9552) contain an error
that may prove to be misleading and is
in need of clarification.
5. In § 200.735–11, remove the words
‘‘Commission’s Office of the General
Counsel’s’’ in paragraphs (c), (d) and (e);
■ 6. In § 200.735–15:
■ (a) In paragraphs (a), (b), (c), and (d),
remove the words ‘‘General Counsel’’
wherever they appear and add in their
place the words ‘‘Ethics Counsel’’;
■ (b) In paragraphs (b), (e), and (f),
remove the phrase ‘‘Commission’s
Office of the General Counsel’s’’.
■ 7. In § 200.735–17, remove the phrase
‘‘Under the general direction of the
General Counsel, the’’, and add in its
place the word ‘‘The’’.
Correction of Publication
■
Dated: November 14, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–29802 Filed 11–17–11; 8:45 am]
Accordingly, the publication of the
final and temporary regulations (TD
9552) which were the subject of FR Doc.
2011–26973 published in the Federal
Register on Wednesday, October 19,
2011 is corrected as follows:
§ 1.181–1
[Corrected]
On page 64817, column 2, under the
amendatory instruction, the language
‘‘Par. 2. Section 1.181–1 is amended by
revising paragraphs (a)(1)(ii), (a)(6) and
(b)(1)(ii) and (b)(2)(vi) to read as
follows:’’ is removed and is replaced
with the new language ‘‘Par. 2. Section
1.181–1 is amended by revising
paragraphs (a)(1)(ii), (a)(6), (b)(1)(ii),
(b)(2)(vi), and (c)(2) to read as follows:’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, Procedure and Administration.
BILLING CODE 8011–01–P
DEPARTMENT OF THE TREASURY
[FR Doc. 2011–29922 Filed 11–17–11; 8:45 am]
Internal Revenue Service
BILLING CODE 4830–01–P
26 CFR Part 1
ENVIRONMENTAL PROTECTION
AGENCY
[TD 9552]
RIN 1545–BJ24
40 CFR Part 52
Deduction for Qualified Film and
Television Production Costs;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
AGENCY:
emcdonald on DSK5VPTVN1PROD with RULES
[EPA–R03–OAR–2011–0474; FRL–9494–2]
This document contains a
correction to final and temporary
regulations (TD 9552) that were
published in the Federal Register on
Wednesday, October 19, 2011 (76 FR
64816) relating to deductions for the
SUMMARY:
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(hereafter referred to as the ‘‘Charleston
Area’’ or the ‘‘Area’’) for the 24-hour
2006 fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). EPA is determining that the
Charleston Area has clean data for the
24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete,
quality assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the
24-hour 2006 PM2.5 NAAQS based on
the 2007–2009 data and data available
to date for 2010 in EPA’s Air Quality
System (AQS) database. EPA’s
determination releases the Charleston
Area from the requirements to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the
standard for so long as the Area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on December 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0474. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Determination of Clean Data
for the 2006 Fine Particulate Standard
for the Charleston Area
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is making a final determination
that the Charleston Area has clean data
for the 24-hour 2006 PM2.5 NAAQS.
This determination is based upon
complete, quality assured, and certified
ambient air monitoring data showing
that this area has monitored attainment
AGENCY:
EPA is making a final
determination regarding the Charleston,
West Virginia nonattainment area
SUMMARY:
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I. What action is EPA taking?
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations
of the 2006 PM2.5 NAAQS based on the
2007–2009 data and data available to
date for 2010 in EPA’s AQS database.
On August 19, 2011 (76 FR 51927),
EPA proposed its determination of clean
data for the Charleston Area. A
discussion of the rationale behind this
determination and the effect of the
determination were included in the
notice of proposed rulemaking. EPA
received no comments on this notice of
proposed rulemaking.
II. What is the effect of this action?
Under the provisions of EPA’s PM2.5
implementation rule (See 40 CFR
section 51.1004(c)), the requirements for
the Charleston Area to submit an
attainment demonstration and
associated reasonably available control
measures (including reasonably
available control technology), a
reasonable further progress plan,
contingency measures, and any other
planning SIPs related to attainment of
the 2006 PM2.5 NAAQS are suspended
for so long as the area continues to meet
the 24-hour 2006 PM2.5 NAAQS. If EPA
subsequently determines that this area
violates the 24-hour 2006 PM2.5
NAAQS, the basis for the suspension of
the specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and this area would thereafter have to
address the pertinent requirements.
This action, does not constitute a
redesignation of the Charleston Area to
attainment of the 24-hour 2006 PM2.5
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, this
action does not involve approving
maintenance plans for the Area as
required under section 175A of the
CAA, nor does it find that the Area has
met all other requirements for
redesignation. Even after a
determination of attainment by EPA, the
designation status of the Charleston
Area is nonattainment for the 24-hour
2006 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 Charleston Area.
III. Statutory and Executive Order
Reviews
emcdonald on DSK5VPTVN1PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
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Federal requirements and does 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 rule 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.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
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71451
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 17, 2012. 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 clean data determination for the
24-hour 2006 PM2.5 NAAQS for the
Charleston Area 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: November 4, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
2. In § 52.2526, paragraph (f) is added
to read as follows:
■
§ 52.2526
matter.
Control strategy: particulate
*
*
*
*
*
(f) Determination of Attainment. EPA
has determined, as of November 18,
2011, that based on 2007 to 2009
ambient air quality data, the Charleston
nonattainment area has attained the
24-hour 2006 PM2.5 NAAQS. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
[FR Doc. 2011–29767 Filed 11–17–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2009–1010–201158; FRL–
9493–5]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; North Carolina:
Redesignation of the HickoryMorganton-Lenoir 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
EPA is taking final action to
approve a request submitted on
December 18, 2009, and supplemented
on December 22, 2010, from the State of
North Carolina, through the North
Carolina Department of Environment
and Natural Resources (NC DENR),
Division of Air Quality (DAQ), to
redesignate the Hickory-MorgantonLenoir fine particulate matter (PM2.5)
nonattainment area (hereafter the
‘‘Hickory Area’’ or ‘‘Area’’) to
attainment for the 1997 Annual PM2.5
National Ambient Air Quality Standards
(NAAQS). The Hickory Area is
comprised of Catawba County in its
entirety. EPA’s approval of the
redesignation request is based on the
determination that the State of North
Carolina has met the criteria for
redesignation to attainment set forth in
the Clean Air Act (CAA or Act),
including the determination that the
Hickory Area has attained the 1997
Annual PM2.5 NAAQS by its applicable
attainment date of April 5, 2010.
Additionally, EPA is approving a
revision to the North Carolina State
Implementation Plan (SIP) to include
the 1997 Annual PM2.5 maintenance
plan for the Hickory Area that contains
the new motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) for
the years 2011 and 2021 for Catawba
County and the mobile insignificance
determination for direct PM2.5 for the
Hickory Area. This action also approves
the emissions inventory submitted with
the maintenance plan. Further, EPA is
emcdonald on DSK5VPTVN1PROD with RULES
SUMMARY:
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correcting a typographical error for the
citation associated with a previous
adequacy determination the Agency
made for the NOX MVEBs for Catawba
County and the mobile source
insignificance determination for direct
PM2.5 for the Hickory Area.
DATES: Effective Date: This rule will be
effective December 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2009–1010. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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 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. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Madolyn Dominy or Joel Huey,
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. Madolyn
Dominy may be reached by phone at
(404) 562–9644 or via electronic mail at
dominy.madolyn@epa.gov. Joel Huey
may be reached by phone at (404) 562–
9104 or via electronic mail at
huey.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for the actions?
II. What are the actions EPA is taking?
III. Why is EPA taking these actions?
IV. What are the effects of these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On December 18, 2009, and
supplemented on December 22, 2010,
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the State of North Carolina, through NC
DENR, submitted a request to
redesignate the Hickory Area to
attainment for the 1997 Annual PM2.5
NAAQS, and for EPA approval of the
North Carolina SIP revisions containing
a maintenance plan for the Area. In an
action published on September 20, 2011
(76 FR 58210), EPA proposed approval
of North Carolina’s plan for maintaining
the 1997 Annual PM2.5 NAAQS,
including the emissions inventory
submitted pursuant to CAA section
172(c)(3) and the NOX MVEBs for
Catawba County and the mobile
insignificance determination for direct
PM2.5 for the Hickory Area as contained
in the maintenance plan. At that time,
EPA also proposed to approve the
redesignation of the Hickory Area to
attainment. Additional background for
today’s action is set forth in EPA’s
September 20, 2011, proposal.
The MVEBs, specified in kilograms
per year (kg/yr), included in the
maintenance plan are as follows:
TABLE 1—CATWABA COUNTY MVEBS
[kg/yr]
Conformity
MVEB
2011
2021
NOX ..................
3,996,601
2,236,028
In its September 20, 2011, proposed
action, EPA noted that the adequacy
public comment period on these MVEBs
(as contained in North Carolina’s
submittal) began on November 23, 2010,
and closed on December 23, 2010. No
comments were received during the
public comment period. Thus, EPA
deemed the new MVEBs for Catawba
County and the mobile source
insignificance determination for PM2.5
in the Hickory Area adequate for the
purposes of transportation conformity
on May 2, 2011 (76 FR 24475).
As stated in the September 20, 2011,
proposal, this redesignation addresses
the Hickory Area’s status solely with
respect to the 1997 Annual PM2.5
NAAQS, for which designations were
finalized on January 5, 2005 (70 FR
944), and as supplemented on April 14,
2005 (70 FR 19844).
EPA reviewed PM2.5 monitoring data
from ambient PM2.5 monitoring stations
in the Hickory Area for the PM2.5
seasons from 2007–2009. These data
have been quality-assured and are
recorded in Air Quality System (AQS).
The annual arithmetic mean PM2.5
concentrations for 2006–2009 and the
3-year averages of these values (i.e.,
design values) are summarized in Table
2. EPA has reviewed more recent data
which indicate that the Hickory Area
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]]>Agencies
[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Pages 71450-71452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29767]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0474; FRL-9494-2]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Determination of Clean Data for the 2006 Fine
Particulate Standard for the Charleston Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making a final determination regarding the Charleston,
West Virginia nonattainment area (hereafter referred to as the
``Charleston Area'' or the ``Area'') for the 24-hour 2006 fine
particulate matter (PM2.5) national ambient air quality
standard (NAAQS). EPA is determining that the Charleston Area has clean
data for the 24-hour 2006 PM2.5 NAAQS. This determination is
based upon complete, quality assured, and certified ambient air
monitoring data showing that this area has monitored attainment of the
24-hour 2006 PM2.5 NAAQS based on the 2007-2009 data and
data available to date for 2010 in EPA's Air Quality System (AQS)
database. EPA's determination releases the Charleston Area from the
requirements to submit an attainment demonstration, associated
reasonably available control measures, a reasonable further progress
plan, contingency measures, and other planning State Implementation
Plans (SIPs) related to attainment of the standard for so long as the
Area continues to meet the 24-hour 2006 PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on December 19,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0474. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination that the Charleston Area has
clean data for the 24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete, quality assured, and certified
ambient air monitoring data showing that this area has monitored
attainment
[[Page 71451]]
of the 2006 PM2.5 NAAQS based on the 2007-2009 data and data
available to date for 2010 in EPA's AQS database.
On August 19, 2011 (76 FR 51927), EPA proposed its determination of
clean data for the Charleston Area. A discussion of the rationale
behind this determination and the effect of the determination were
included in the notice of proposed rulemaking. EPA received no comments
on this notice of proposed rulemaking.
II. What is the effect of this action?
Under the provisions of EPA's PM2.5 implementation rule
(See 40 CFR section 51.1004(c)), the requirements for the Charleston
Area to submit an attainment demonstration and associated reasonably
available control measures (including reasonably available control
technology), a reasonable further progress plan, contingency measures,
and any other planning SIPs related to attainment of the 2006
PM2.5 NAAQS are suspended for so long as the area continues
to meet the 24-hour 2006 PM2.5 NAAQS. If EPA subsequently
determines that this area violates the 24-hour 2006 PM2.5
NAAQS, the basis for the suspension of the specific requirements, set
forth at 40 CFR 51.1004(c), would no longer exist and this area would
thereafter have to address the pertinent requirements.
This action, does not constitute a redesignation of the Charleston
Area to attainment of the 24-hour 2006 PM2.5 NAAQS under
section 107(d)(3) of the Clean Air Act (CAA). Further, this action does
not involve approving maintenance plans for the Area as required under
section 175A of the CAA, nor does it find that the Area has met all
other requirements for redesignation. Even after a determination of
attainment by EPA, the designation status of the Charleston Area is
nonattainment for the 24-hour 2006 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
Charleston Area.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does 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 rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 17, 2012. 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 clean data determination for the 24-hour 2006 PM2.5
NAAQS for the Charleston Area 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: November 4, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
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 XX--West Virginia
0
2. In Sec. 52.2526, paragraph (f) is added to read as follows:
Sec. 52.2526 Control strategy: particulate matter.
* * * * *
(f) Determination of Attainment. EPA has determined, as of November
18, 2011, that based on 2007 to 2009 ambient air quality data, the
Charleston nonattainment area has attained the 24-hour 2006
PM2.5 NAAQS. This determination, in accordance with 40 CFR
51.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan,
[[Page 71452]]
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 24-hour
2006 PM2.5 NAAQS.
[FR Doc. 2011-29767 Filed 11-17-11; 8:45 am]
BILLING CODE 6560-50-P
