Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Tennessee: Knoxville; Determination of Attaining Data for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards, 45954-45956 [2012-18663]
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45954
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
administrative regulations (COMAR)
citation
26.11.17.09 ............
Plantwide Applicability Limit
(PAL)—Monitoring,
Record
Keeping, and Reporting.
*
*
*
*
*
*
State effective
date
Title/subject
10/22/07
*
*
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
8/2/12 [Insert page number
where the document begins].
*
Added.
*
*
*
(e) * * *
Name of non-regulatory SIP
revision
Applicable
geographic area
State submittal
date
EPA approval date
Additional explanation
*
*
Section 110(a)(2) Infrastructure
Requirements for the 1997 8–
Hour Ozone NAAQS.
*
Statewide ..........
*
7/27/07, 11/30/07,
*
11/25/11, 76 FR 72624 ...............
7/31/09, 6/23/11
8/2/12 [Insert page number
where the document begins].
4/3/08, 4/16/10
11/25/11, 76 FR 72624 ...............
7/31/09, 6/23/11
8/2/12 [Insert page number
where the document begins].
4/16/10, 7/21/10
11/25/11, 76 FR 72624 ...............
7/31/09, 6/23/11
8/2/12 [Insert page number
where the document begins].
*
*
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B),
(C), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This action addresses the following CAA elements or portions thereof: 110(a)(2)(C),
(D)(i)(II), and (J).
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B),
(C), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This action addresses the following CAA elements or portions thereof: 110(a)(2)(C),
(D)(i)(II), and (J).
This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B),
(C), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This action addresses the following CAA elements or portions thereof: 110(a)(2)(C),
(D)(i)(II), and (J).
Section 110(a)(2) Infrastructure
Requirements for the 1997
PM2.5 NAAQS.
Section 110(a)(2) Infrastructure
Requirements for the 2006
PM2.5 NAAQS.
Statewide ..........
Statewide ..........
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2010–0153; FRL–9708–2]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Tennessee:
Knoxville; Determination of Attaining
Data for the 1997 Annual and 2006 24–
Hour Fine Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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EPA is making two
determinations, one regarding the
Knoxville, Tennessee, 1997 annual fine
particulate (PM2.5) nonattainment area
and one regarding the KnoxvilleSevierville-La Follette, Tennessee, 2006
24-hour PM2.5 nonattainment area (both
areas have the same geographic
boundary and will hereafter be
collectively referred to as the ‘‘Knoxville
Area’’ or ‘‘Area’’). First, EPA is
determining that the Area has attained
the 1997 annual PM2.5 National Ambient
Air Quality Standards (NAAQS or
‘‘standard’’). Second, EPA is
determining that the Area has attained
the 2006 24-hour PM2.5 NAAQS. These
determinations of attaining data are
based upon quality-assured and
certified ambient air monitoring data for
the 2009–2011 period, showing that the
Area has monitored attainment of the
SUMMARY:
[FR Doc. 2012–18656 Filed 8–1–12; 8:45 am]
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1997 annual PM2.5 NAAQS and 2006 24hour PM2.5 NAAQS. The requirements
for the Area to submit an attainment
demonstration and associated
reasonably available control measures
(RACM), reasonable further progress
(RFP) plans, contingency measures, and
other planning State Implementation
Plan (SIP) revisions related to
attainment of the standards shall be
suspended so long as the Area continues
to attain the respective PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on September 4, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2010–0153. 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
E:\FR\FM\02AUR1.SGM
02AUR1
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
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 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: 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. Ms.
Waterson may be reached by phone at
(404) 562–9061 or via electronic mail at
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA’s final action?
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is determining that the Knoxville
Area (comprised of Anderson, Blount,
Knox, and Loudon Counties in their
entireties and a portion of Roane
County) has monitored attaining data for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. These determinations are
based upon quality-assured, qualitycontrolled and certified ambient air
monitoring data that shows the Area has
monitored attainment of the 1997
annual and 2006 24-hour PM2.5 NAAQS
based on the 2009–2011 data.
Other specific requirements of the
determinations and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on June 6, 2012 (77 FR
33360), and will not be restated here.
The comment period closed on July 6,
2012. No comments, adverse or
otherwise, were received in response to
the NPR.
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II. What are the effects of these actions?
The determinations of attaining data,
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 any other
planning SIPs related to attainment of
either the 1997 annual or the 2006 24hour PM2.5 NAAQS for so long as the
VerDate Mar<15>2010
17:20 Aug 01, 2012
Jkt 226001
Area continues to attain the applicable
PM2.5 NAAQS. Finalizing these actions
does not constitute a redesignation of
the Knoxville Area to attainment for the
1997 annual or 2006 24-hour PM2.5
NAAQS under section 107(d)(3) of the
Clean Air Act (CAA). Further, finalizing
these actions does not involve
approving maintenance plans for the
Area as required under section 175A of
the CAA, nor does it involve a
determination that the Area has met all
requirements for a redesignation.
III. What are EPA’s final actions?
EPA is determining that the Knoxville
Area has data demonstrating that it has
attained the 1997 annual and 2006 24hour PM2.5 NAAQS. These
determinations are based upon qualityassured, quality-controlled, and
certified ambient air monitoring data
showing that this Area has monitored
attainment of the 1997 annual and 2006
24-hour PM2.5 NAAQS during the
period of 2009–2011. This final action,
in accordance with 40 CFR 51.1004(c),
will suspend the requirements for this
Area to submit attainment
demonstrations, associated RACM, RFP
plans, contingency measures, and any
other planning SIPs related to
attainment of either the 1997 annual or
the 2006 24-hour PM2.5 NAAQS for so
long as the Area continues to attain the
applicable 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
Under the CAA, the Administrator is
required to approve a SIP submission or
state request 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 or state request, EPA’s role
is to approve state choices, provided
that they meet the criteria of the CAA.
Accordingly, these actions merely
approve state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not a ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
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45955
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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, these actions do not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
impacted area is not 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 October 1, 2012. Filing a
petition for reconsideration by the
Administrator of these final rules does
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45956
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations
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. These actions,
pertaining to the determination of
attaining data for the 1997 annual and
2006 24-hour fine particulate matter
standard for the Knoxville 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. Section 52.2231 is amended by
adding paragraphs (d) and (e) to read as
follows:
■
§ 52.2231 Control strategy: Sulfur oxides
and particulate matter.
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*
*
*
*
(d) Determination of attaining data.
EPA has determined the Knoxville,
Tennessee, nonattainment area has
attaining data for the 1997 annual 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, 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.
(e) Determination of attaining data.
EPA has determined KnoxvilleSevierville-La Follette, Tennessee,
nonattainment area has attaining data
for the 2006 24-hour 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,
contingency measures, and other
planning SIPs related to attainment of
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[FR Doc. 2012–18663 Filed 8–1–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0336; FRL–9708–5]
Approval and Promulgation of
Implementation Plans; Kentucky;
Louisville; Fine Particulate Matter 2002
Base Year Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the 1997 annual fine particulate
matter (PM2.5) 2002 base year emissions
inventory portion of the State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky on December 3, 2008. The
emissions inventory is part of
Kentucky’s December 3, 2008,
attainment demonstration SIP revision
that was submitted to meet the
nonattainment requirements related to
the Commonwealth’s portion of the bistate Louisville, Kentucky-Indiana
nonattainment area for the 1997 annual
PM2.5 national ambient air quality
standards (NAAQS), hereafter referred
to as ‘‘the bi-state Louisville Area’’ or
‘‘Area.’’ The bi-state Louisville Area is
comprised of Clark and Floyd Counties
in Indiana, in their entireties; the
Madison Township portion of Jefferson
County, Indiana; and Bullitt and
Jefferson Counties in Kentucky, in their
entireties. This final action only relates
to the Kentucky portion (i.e., Bullitt and
Jefferson Counties) of this Area. This
action is being taken pursuant to section
110 of the Clean Air Act (CAA or Act).
DATES: This rule will be effective
September 4, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2012–0336. All
documents in the docket are listed on
the 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
SUMMARY:
40 CFR part 52 is amended as follows:
*
the standard for as long as this area
continues to meet the 2006 24-hour
PM2.5 NAAQS.
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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 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can be reached via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of the Commonwealth’s
Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter based
on a three-year average of annual mean
PM2.5 concentrations. On January 5,
2005 (70 FR 944), EPA published its air
quality designations and classifications
for the 1997 annual PM2.5 NAAQS based
upon air quality monitoring data for
calendar years 2001–2003. These
designations became effective on April
5, 2005. The bi-state Louisville Area was
designated nonattainment for the 1997
annual PM2.5 NAAQS. See 40 CFR
81.318 for Kentucky and 40 CFR 81.315
for Indiana.
Designation of an area as
nonattainment starts the process for a
state to develop and submit to EPA a
SIP under title I, part D of the CAA. This
SIP must include, among other
elements, a demonstration of how the
NAAQS will be attained in the
nonattainment area as expeditiously as
practicable, but no later than the date
required by the CAA. Under CAA
section 172(b), a state has up to three
years after an area’s designation as
nonattainment to submit its SIP to EPA.
For the 1997 annual PM2.5 NAAQS,
these SIPs were due April 5, 2008. See
40 CFR 51.1002(a).
On December 3, 2008, Kentucky
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
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]]>Agencies
[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45954-45956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18663]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0153; FRL-9708-2]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attaining Data for the 1997 Annual and 2006
24-Hour Fine Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making two determinations, one regarding the Knoxville,
Tennessee, 1997 annual fine particulate (PM2.5)
nonattainment area and one regarding the Knoxville-Sevierville-La
Follette, Tennessee, 2006 24-hour PM2.5 nonattainment area
(both areas have the same geographic boundary and will hereafter be
collectively referred to as the ``Knoxville Area'' or ``Area''). First,
EPA is determining that the Area has attained the 1997 annual
PM2.5 National Ambient Air Quality Standards (NAAQS or
``standard''). Second, EPA is determining that the Area has attained
the 2006 24-hour PM2.5 NAAQS. These determinations of
attaining data are based upon quality-assured and certified ambient air
monitoring data for the 2009-2011 period, showing that the Area has
monitored attainment of the 1997 annual PM2.5 NAAQS and 2006
24-hour PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated reasonably available control
measures (RACM), reasonable further progress (RFP) plans, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to attainment of the standards shall be suspended so long as
the Area continues to attain the respective PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on September 4,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-0153. 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
[[Page 45955]]
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 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: 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. Ms. Waterson may be reached by
phone at (404) 562-9061 or via electronic mail at
waterson.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. What is EPA's final action?
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is determining that the Knoxville Area (comprised of Anderson,
Blount, Knox, and Loudon Counties in their entireties and a portion of
Roane County) has monitored attaining data for the 1997 annual and 2006
24-hour PM2.5 NAAQS. These determinations are based upon
quality-assured, quality-controlled and certified ambient air
monitoring data that shows the Area has monitored attainment of the
1997 annual and 2006 24-hour PM2.5 NAAQS based on the 2009-
2011 data.
Other specific requirements of the determinations and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on June 6, 2012 (77 FR 33360), and will not be restated
here. The comment period closed on July 6, 2012. No comments, adverse
or otherwise, were received in response to the NPR.
II. What are the effects of these actions?
The determinations of attaining data, 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 any other planning SIPs related to attainment of either
the 1997 annual or the 2006 24-hour PM2.5 NAAQS for so long
as the Area continues to attain the applicable PM2.5 NAAQS.
Finalizing these actions does not constitute a redesignation of the
Knoxville Area to attainment for the 1997 annual or 2006 24-hour
PM2.5 NAAQS under section 107(d)(3) of the Clean Air Act
(CAA). Further, finalizing these actions does not involve approving
maintenance plans for the Area as required under section 175A of the
CAA, nor does it involve a determination that the Area has met all
requirements for a redesignation.
III. What are EPA's final actions?
EPA is determining that the Knoxville Area has data demonstrating
that it has attained the 1997 annual and 2006 24-hour PM2.5
NAAQS. 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 and 2006 24-hour
PM2.5 NAAQS during the period of 2009-2011. This final
action, in accordance with 40 CFR 51.1004(c), will suspend the
requirements for this Area to submit attainment demonstrations,
associated RACM, RFP plans, contingency measures, and any other
planning SIPs related to attainment of either the 1997 annual or the
2006 24-hour PM2.5 NAAQS for so long as the Area continues
to attain the applicable 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
Under the CAA, the Administrator is required to approve a SIP
submission or state request 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 or state request, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA. Accordingly, these actions merely approve state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, these
actions:
Are not a ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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, these actions do not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
impacted area is not 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 October 1, 2012. Filing a petition for
reconsideration by the Administrator of these final rules does
[[Page 45956]]
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. These actions, pertaining to the determination of
attaining data for the 1997 annual and 2006 24-hour fine particulate
matter standard for the Knoxville 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, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 20, 2012.
A. Stanley Meiburg,
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 RR--Tennessee
0
2. Section 52.2231 is amended by adding paragraphs (d) and (e) to read
as follows:
Sec. 52.2231 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(d) Determination of attaining data. EPA has determined the
Knoxville, Tennessee, nonattainment area has attaining data for the
1997 annual 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, 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.
(e) Determination of attaining data. EPA has determined Knoxville-
Sevierville-La Follette, Tennessee, nonattainment area has attaining
data for the 2006 24-hour 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,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 2006 24-
hour PM2.5 NAAQS.
[FR Doc. 2012-18663 Filed 8-1-12; 8:45 am]
BILLING CODE 6560-50-P
