Air Plan Approval and Air Quality Designation; AL; Redesignation of the Etowah County Unclassifiable Area, 42223-42224 [2018-18034]
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
requirements for certain sources and to
meet reasonable progress requirements.
[FR Doc. 2018–17448 Filed 8–20–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2018–0173; FRL–9982–
71—Region 4]
Air Plan Approval and Air Quality
Designation; AL; Redesignation of the
Etowah County Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On March 22, 2018, the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Etowah County, Alabama fine
particulate matter (PM2.5) unclassifiable
area (hereinafter referred to as the
‘‘Etowah County Area’’ or ‘‘Area’’) to
attainment for the 2006 primary and
secondary 24-hour PM2.5 national
ambient air quality standards (NAAQS).
EPA is approving the State’s request and
redesignating the Area to unclassifiable/
attainment for the 2006 primary and
secondary 24-hour PM2.5 NAAQS based
upon valid, quality-assured, and
certified ambient air monitoring data
showing that the PM2.5 monitor in the
Area is in compliance with the 2006
primary and secondary 24-hour PM2.5
NAAQS.
SUMMARY:
This rule will be effective
September 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0173. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
sradovich on DSK3GMQ082PROD with RULES
DATES:
VerDate Sep<11>2014
16:40 Aug 20, 2018
Jkt 244001
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 Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Sanchez can
be reached by telephone at (404) 562–
9644 or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 21, 2006, EPA revised
the primary and secondary 24-hour
NAAQS for PM2.5 at a level of 35
micrograms per cubic meter (mg/m3),
based on a 3-year average of the annual
98th percentile of 24-hour PM2.5
concentrations. See 71 FR 61144
(October 17, 2006). EPA established the
standards based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures to
particulate matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
107(d)(1) of the Clean Air Act (CAA).
EPA and state air quality agencies
initiated the monitoring process for the
1997 PM2.5 NAAQS in 1999, and
deployed all air quality monitors by
January 2001. On October 8, 2009, EPA
designated areas across the country as
nonattainment, unclassifiable, or
unclassifiable/attainment 1 for the 2006
24-hour PM2.5 NAAQS based upon air
quality monitoring data from these
monitors for calendar years 2006–2008.
See 74 FR 58688. The monitor in the
Etowah County Area had incomplete
data for the 2006–2008 timeframe.
1 For the initial PM area designations in 2009 (for
the 2006 24-hour PM2.5 NAAQS), EPA used a
designation category of ‘‘unclassifiable/attainment’’
for areas that had monitors showing attainment of
the standard and were not contributing to nearby
violations and for areas that did not have monitors
but for which EPA had reason to believe were likely
attaining the standard and not contributing to
nearby violations. EPA used the category
‘‘unclassifiable’’ for areas in which EPA could not
determine, based upon available information,
whether or not the NAAQS was being met and/or
EPA had not determined the area to be contributing
to nearby violations. EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
42223
Therefore, EPA designated Etowah
County as unclassifiable for the 2006 24hour PM2.5 NAAQS. Id.
On March 22, 2018, Alabama
submitted a request for EPA to
redesignate the Etowah County Area to
unclassifiable/attainment for the 2006
24-hour PM2.5 NAAQS now that there is
sufficient data to determine that the
Area is in attainment. In a notice of
proposed rulemaking (NPRM) published
on June 1, 2018 (83 FR 25422), EPA
proposed to approve the State’s
redesignation request. The details of
Alabama’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM. EPA did not receive any
adverse comments on the proposed
action.
II. Final Action
EPA is approving Alabama’s
redesignation request and redesignating
the Etowah County Area from
unclassifiable to unclassifiable/
attainment for the 2006 24-hour PM2.5
NAAQS.2
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to unclassifiable/attainment is an
action that affects the status of a
geographical area and does not impose
any additional regulatory requirements
on sources beyond those imposed by
state law. A redesignation to
unclassifiable/attainment does not in
and of itself create any new
requirements. Accordingly, this action
merely redesignates an area to
unclassifiable/attainment and does not
impose additional requirements. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because redesignations are
exempted under Executive Order 12866;
• 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
2 Although Alabama requested redesignation of
the Area to ‘‘attainment,’’ EPA is redesignating the
area to ‘‘unclassifiable/attainment’’ because, as
noted above, EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
E:\FR\FM\21AUR1.SGM
21AUR1
42224
Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
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
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This final redesignation action is not
approved to apply to any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 22, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 8, 2018.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42.U.S.C. 7401, et seq.
2. In § 81.301, the table entitled
‘‘Alabama-2006 24-Hour PM2.5 NAAQS
(Primary and secondary)’’ is amended
by revising the entry for ‘‘Etowah
County’’ to read as follows:
■
§ 81.301
*
*
Alabama.
*
*
*
ALABAMA-2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designation area
Date 1
*
*
Etowah County ...........................
*
Type
Date
Type
*
August 21, 2018 .........................
*
*
Unclassifiable/Attainment ...........
*
..............................
*
..............................
*
*
*
*
*
*
a Includes
1 This
*
*
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
*
*
*
[FR Doc. 2018–18034 Filed 8–20–18; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 300
sradovich on DSK3GMQ082PROD with RULES
[EPA–HQ–SFUND–1986–0005; FRL–9982–
57—Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Ordnance Works Disposal Areas
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 3 announces the
SUMMARY:
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deletion of the Ordnance Works
Disposal Areas Superfund Site (Site)
located in Morgantown, West Virginia,
from the National Priorities List (NPL).
The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of West Virginia, through the
West Virginia Department of
Environmental Protection (WVDEP),
have determined that all appropriate
response actions under CERCLA, other
than operation and maintenance,
E:\FR\FM\21AUR1.SGM
21AUR1
]]>Agencies
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42223-42224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18034]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2018-0173; FRL-9982-71--Region 4]
Air Plan Approval and Air Quality Designation; AL; Redesignation
of the Etowah County Unclassifiable Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 22, 2018, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted a request for
the Environmental Protection Agency (EPA) to redesignate the Etowah
County, Alabama fine particulate matter (PM2.5)
unclassifiable area (hereinafter referred to as the ``Etowah County
Area'' or ``Area'') to attainment for the 2006 primary and secondary
24-hour PM2.5 national ambient air quality standards
(NAAQS). EPA is approving the State's request and redesignating the
Area to unclassifiable/attainment for the 2006 primary and secondary
24-hour PM2.5 NAAQS based upon valid, quality-assured, and
certified ambient air monitoring data showing that the PM2.5
monitor in the Area is in compliance with the 2006 primary and
secondary 24-hour PM2.5 NAAQS.
DATES: This rule will be effective September 20, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0173. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation 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 Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Sanchez can be reached by telephone at (404) 562-9644
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 21, 2006, EPA revised the primary and secondary 24-
hour NAAQS for PM2.5 at a level of 35 micrograms per cubic
meter ([micro]g/m\3\), based on a 3-year average of the annual 98th
percentile of 24-hour PM2.5 concentrations. See 71 FR 61144
(October 17, 2006). EPA established the standards based on significant
evidence and numerous health studies demonstrating that serious health
effects are associated with exposures to particulate matter.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the Clean Air Act
(CAA). EPA and state air quality agencies initiated the monitoring
process for the 1997 PM2.5 NAAQS in 1999, and deployed all
air quality monitors by January 2001. On October 8, 2009, EPA
designated areas across the country as nonattainment, unclassifiable,
or unclassifiable/attainment \1\ for the 2006 24-hour PM2.5
NAAQS based upon air quality monitoring data from these monitors for
calendar years 2006-2008. See 74 FR 58688. The monitor in the Etowah
County Area had incomplete data for the 2006-2008 timeframe. Therefore,
EPA designated Etowah County as unclassifiable for the 2006 24-hour
PM2.5 NAAQS. Id.
---------------------------------------------------------------------------
\1\ For the initial PM area designations in 2009 (for the 2006
24-hour PM2.5 NAAQS), EPA used a designation category of
``unclassifiable/attainment'' for areas that had monitors showing
attainment of the standard and were not contributing to nearby
violations and for areas that did not have monitors but for which
EPA had reason to believe were likely attaining the standard and not
contributing to nearby violations. EPA used the category
``unclassifiable'' for areas in which EPA could not determine, based
upon available information, whether or not the NAAQS was being met
and/or EPA had not determined the area to be contributing to nearby
violations. EPA reserves the ``attainment'' category for when EPA
redesignates a nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
---------------------------------------------------------------------------
On March 22, 2018, Alabama submitted a request for EPA to
redesignate the Etowah County Area to unclassifiable/attainment for the
2006 24-hour PM2.5 NAAQS now that there is sufficient data
to determine that the Area is in attainment. In a notice of proposed
rulemaking (NPRM) published on June 1, 2018 (83 FR 25422), EPA proposed
to approve the State's redesignation request. The details of Alabama's
submittal and the rationale for EPA's actions are further explained in
the NPRM. EPA did not receive any adverse comments on the proposed
action.
II. Final Action
EPA is approving Alabama's redesignation request and redesignating
the Etowah County Area from unclassifiable to unclassifiable/attainment
for the 2006 24-hour PM2.5 NAAQS.\2\
---------------------------------------------------------------------------
\2\ Although Alabama requested redesignation of the Area to
``attainment,'' EPA is redesignating the area to ``unclassifiable/
attainment'' because, as noted above, EPA reserves the
``attainment'' category for when EPA redesignates a nonattainment
area that has attained the relevant NAAQS and has an approved
maintenance plan.
---------------------------------------------------------------------------
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to unclassifiable/
attainment is an action that affects the status of a geographical area
and does not impose any additional regulatory requirements on sources
beyond those imposed by state law. A redesignation to unclassifiable/
attainment does not in and of itself create any new requirements.
Accordingly, this action merely redesignates an area to unclassifiable/
attainment and does not impose additional requirements. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because redesignations are exempted under
Executive Order 12866;
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
[[Page 42224]]
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
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This final redesignation action is not approved to apply to any
Indian reservation land or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
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 22, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 8, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401, et seq.
0
2. In Sec. 81.301, the table entitled ``Alabama-2006 24-Hour
PM2.5 NAAQS (Primary and secondary)'' is amended by revising
the entry for ``Etowah County'' to read as follows:
Sec. 81.301 Alabama.
* * * * *
Alabama-2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designation area -------------------------------------------------------------------------------
Date \1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Etowah County................... August 21, 2018.... Unclassifiable/ ................. .................
Attainment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
* * * * *
[FR Doc. 2018-18034 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P
