[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29652-29656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12480]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0034; FRL-9309-6]
Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Missouri; Saint Louis Nonattainment Area; Determination of
Attainment of the 1997 Annual Fine Particle Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action determining that the Saint Louis fine particle
(PM2.5) nonattainment area in Illinois and Missouri has
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS). This final determination of attainment is based upon
quality assured, quality controlled, and certified ambient air
monitoring data for the 2007-2009 monitoring period which show that the
Saint Louis area has monitored attainment of the 1997 annual
PM2.5 NAAQS, as well as quality assured data for 2010 that
are in EPA's Air Quality System (AQS), but not yet certified, that show
that the Saint Louis area has continued to monitor attainment of the
1997 annual PM2.5 NAAQS. Pursuant to EPA's PM2.5
implementation regulations, this final determination suspends the
states' obligation to submit a number of plans for this area including:
An attainment demonstration, associated reasonably available control
measures (RACM), including reasonably available control technology
(RACT), a reasonable further progress plan, contingency measures, and
other planning State Implementation Plan (SIP) revisions related to
attainment of the 1997 annual PM2.5 NAAQS for so long as the
area continues to attain the 1997 annual PM2.5 NAAQS.
EPA's determination that this area has attained the 1997 annual
PM2.5 NAAQS is not equivalent to redesignating the area to
attainment. The designation of the area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as EPA
determines that this area meets the Clean Air Act (CAA) requirements
for redesignation to attainment.
DATES: This final rule is effective on May 23, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2010-0034. 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 (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 www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Matt Rau,
Environmental Engineer, at (312) 886-6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected]. You may also
contact Michael Jay, Air Planning and Development Branch, Environmental
Protection Agency, Region 7, 901 North Fifth Street, Kansas City,
Kansas 66101, (913) 551-7460, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. What is the background of this action?
III. What is EPA's analysis of the relevant air quality data?
IV. What are EPA's responses to public comments?
V. What are the effects of this action?
VI. When is this rule effective?
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is making a final determination that the Saint Louis
PM2.5 nonattainment area, in the States of Missouri and
Illinois, has attained the 1997 annual PM2.5 NAAQS. EPA
published its proposed determination for the Saint Louis
PM2.5 nonattainment area on March 7, 2011 (76 FR 12302). EPA
received one set of comments on its proposal from the Interdisciplinary
Environmental Clinic, Washington University School of Law on behalf of
the American Bottom Conservancy. These comments and EPA's responses are
found in Section IV of this notice. As set forth in the proposal, EPA's
determination is based upon quality assured, quality controlled, and
certified ambient air monitoring data from the 2007-2009 monitoring
period and additional quality assured, quality controlled data in AQS
for 2010 which show that the Saint Louis area has monitored attainment
of the 1997 annual PM2.5 NAAQS.
II. What is the background of this action?
The proposed rule (76 FR 12302, March 7, 2011) sets forth the
background of this action. The proposed rule describes the pertinent
PM2.5 NAAQS, the designation of the Saint Louis area as
nonattainment for the 1997 annual PM2.5 NAAQS, and the
effect of determining attainment of this standard on the suspension of
attainment-related planning requirements. Details are provided in the
notice of proposed rulemaking.
III. What is EPA's analysis of the relevant air quality data?
In its proposal (76 FR 12302, March 7, 2011), EPA evaluated data
recorded in the AQS database for the Saint Louis PM2.5
nonattainment area from 2007 to 2009. Eight monitoring sites in the
nonattainment area presented complete data. The highest design value at
these sites was 14.1 [micro]g/m\3\ at monitor 17-119-1007 in Madison
County, Illinois. EPA concluded that the Saint Louis area has attained
the 1997 annual PM2.5 NAAQS based on its evaluation of
quality assured and certified data from the area monitoring sites with
complete data for the 2007-2009 monitoring period. Supplemental,
supporting air quality data were also considered, as discussed in the
proposed rule.
The historical certified data recorded at the monitors that were
discontinued during the 2007-2009 monitoring period and recent
certified data recorded at monitors that started operation during the
period provide additional support for EPA's determination that the
Saint Louis area has attained the 1997 annual PM2.5 NAAQS.
EPA also considered additional monitoring data for 2010 that have
been submitted by the states and are in AQS, although not yet
certified. The 2010 data indicate that the Saint Louis area continues
in attainment for the 2008-2010 monitoring period. EPA believes that
these data show that the area continues to meet the 1997 annual
PM2.5 NAAQS.
[[Page 29653]]
IV. What are EPA's responses to public comments?
On March 7, 2011, EPA proposed to determine that the Saint Louis
PM2.5 nonattainment area has attained the 1997 annual
PM2.5 NAAQS (76 FR 12302). EPA received one comment letter
on the proposed approval, from the Interdisciplinary Environmental
Clinic at Washington University Law School, on behalf of the American
Bottom Conservancy (ABC). Below we set forth a summary of ABC's
comments and EPA's responses.
Comment: The commenter contends that U.S. Steel-Granite City Works
(USS-GCW) is a significant source of PM2.5 emissions in the
Saint Louis area, and that the plant's operations raise environmental
justice concerns. The commenter states that a large number of low
income and minority residents near USS-GCW are affected by the air
quality resulting from the plant's substantial PM2.5
emissions.
Response: As stated in our proposal, the 2007-2009 design value for
the monitor closest to the USS-GCW plant, monitor 17-119-1007 in
Granite City, is 14.1 [micro]g/m\3\, which meets the NAAQS. We further
found that 2010 monitoring data indicate that the 2008-2010 design
values from monitor 17-119-1007 and also from another Granite City
monitor close to the plant, 17-119-0024, that began operating in July
2007, show attainment of the NAAQS. In addition to these monitors in
Granite City, air quality is measured at more monitors in Madison
County (Alton and Wood River) as well as by monitors in the adjacent
Saint Clair County and elsewhere throughout the area. See Section III
of the proposed rule for more detail, at 76 FR 12303. These monitors
measure PM2.5 concentrations in the ambient air--the air
people breathe. The annual PM2.5 standard was set to protect
the public from long-term fine particulate exposure. EPA's obligation,
in this rulemaking, is solely to determine whether quality assured
monitored data for the most recent three-year period show that the
Saint Louis area is meeting the annual PM2.5 NAAQS.
Monitored attainment of the standard is the only basis of a
determination of attainment or nonattainment, and it is the only
relevant issue. EPA's role in this rulemaking is limited to making the
determination in accordance with the requirements of the CAA and EPA
regulations. See 40 CFR 50.13 and 40 CFR 50 Appendix N. Should the
plant's operations or any other source of emissions at any time in the
future result in monitored nonattainment of the standard, in accordance
with the statute and EPA regulations, then EPA will take action,
through notice and comment rulemaking, to withdraw this determination.
Thus, people who live or work in Granite City or surrounding towns will
be protected if the air quality falls back into nonattainment.
EPA reviewed air quality data throughout the Saint Louis area,
including environmental justice areas and other areas alike, and EPA is
determining that the Saint Louis area is attaining the standard only
because we find that all portions of the area are meeting the standard.
This means that the health of citizens who live or work in
environmental justice communities is protected just as the health of
citizens who live or work elsewhere in the area is protected.
Comment: ``The highest ambient PM2.5 air monitoring
values in [the Saint Louis area] consistently have been associated with
monitor 17-119-1007 in Madison County, Illinois, just a few blocks from
USS-GCW. The facility is a significant source of PM2.5 and
has been identified [by Illinois] as a contributor to PM2.5
nonattainment'' at the monitor.
Response: EPA agrees that Madison County, Illinois monitors have
generally recorded the highest ambient PM2.5 concentrations
in the Saint Louis area. In addition to monitor 17-119-1007, area high
values have been recorded at monitor 17-119-0024. Both monitors are in
Granite City near USS-GCW. Nevertheless, the two most recent three-year
periods of data (2007-2009 and 2008-2010) show that all area monitors,
including monitors 17-119-0024 and 17-119-1007 in Granite City, are
meeting the annual PM2.5 standard. For the monitor of
greatest concern to the commenter, EPA calculated the 2008-2010 design
value as 13.8 [micro]g/m\3\, which is the area's highest design value.
This supports EPA's determination that the Saint Louis area continues
to meet the annual PM2.5 NAAQS.
Comment: The commenter argues that the proposed determination of
attainment is based on air quality data that are unrepresentative of
air quality during ``normal'' operation of the USS-GCW facility. The
commenter asserts that the period of USS-GCW's shutdown from the end of
2008 through a substantial portion of 2009 is associated with
considerably lower than normal ambient PM2.5 values, based
on data from monitor 17-119-1007. Thus, the commenter claims that the
apparent finding of attainment is ``illusory'' because it is dependent
on air data gathered during the plant shutdown that the commenter
believes are not indicative of USS-GCW's true impact on the air quality
and risks to public health in the community. ABC asks that EPA
reconsider its decision to make a determination of attainment for the
Saint Louis area for the 1997 annual PM2.5 NAAQS based on
the unrepresentative period from 2007-2009.
ABC also noted that steel production at USS-GCW remained relatively
constant between 2004 and 2008 with annual production of 2,294,000 to
2,545,000 tons. The commenter states that in 2009, steel production
dropped sharply to 906,000 tons because the plant was closed for a
substantial portion of the year. USS-GCW steel production then
increased significantly from 2009 to 2010 with the facility producing
2,539,000 tons of steel in 2010. The commenter asserts that as a
result, ambient air quality PM2.5 concentrations near the
USS-GCW facility increased in 2010 as well.
Response: First, EPA notes that the commenter concedes that air
quality data for 2007-2009 for the Saint Louis area meet the 1997
annual PM2.5 NAAQS. The commenter argues, however, that
these data are not ``representative'' of air quality in the area. While
EPA agrees that the 2009 air quality values monitored in the Saint
Louis area generally were lower than the 2007, 2008, and 2010 values
recorded at the same monitors, EPA disagrees with the commenter's
position that this should prevent EPA from determining that the Saint
Louis area is meeting the 1997 annual PM2.5 standard. A
determination of attainment under 40 CFR 50 Appendix N is based on an
analysis of the three most recent years of complete, quality assured
monitoring data. These data by definition are representative of air
quality during the requisite period. And here, EPA determined that both
2007 to 2009 data and 2008 to 2010 data indicate that the area is
attaining the standard.
A determination of attainment centers on the monitored air quality
during a specific time period. The underlying causes of the monitored
values are not relevant to the determination. Maintenance of the
standard in the future is also not relevant to an assessment of current
attainment. The ability of an area to maintain attainment of the NAAQS
is reserved for consideration as a required element for EPA approval of
an area's redesignation request, and is a question that is separate
from and independent of a determination of attainment. See CAA section
107(d)(3)(E), listing separately among the requirements for
redesignation a determination of attainment and an approved
[[Page 29654]]
maintenance plan. Even after EPA finalizes a determination of
attainment for the Saint Louis area, the area remains designated
nonattainment, and the determination is subject to revision if in the
future EPA determines that the air quality in the area once again fails
to meet the standard.
We note that the monitored ambient PM2.5 levels rose
from 2009 to 2010, but they did not reach the levels above the standard
that had been recorded a few years earlier. The Granite City monitor
17-119-1007 recorded an 11.3 [micro]g/m\3\ annual PM2.5
average in 2009 and the data in EPA's AQS for 2010 show an annual
average of 14.3 [micro]g/m\3\. This 2010 value is below the standard
and less than the annual averages of 15.1 [micro]g/m\3\ in 2007 and
15.7 [micro]g/m\3\ in 2008 at monitor 17-119-1007, when the plant was
also operating at a level of production that the commenter regards as
``normal.'' For a determination of attainment of the annual
PM2.5 NAAQS, the design value is calculated using the
arithmetic mean of three consecutive annual averages, such as 2007-2009
or 2008-2010. However, for the sole purpose of showing what the air
quality might have been without the impact of the plant shutdown, EPA
calculated the mean using the annual averages from the three most
recent years when USS-GCW had ``normal'' steel production, i.e., 2007,
2008, and 2010. The mean derived from this calculation, 15.0 [micro]g/
m\3\, meets the level of the 1997 PM2.5 annual standard.
While this calculated value does not obey the requirement to use
consecutive years and thus is not a design value that can be compared
to the NAAQS for regulatory purposes, it does provide reassurance that
data from recent years during which the plant operated at higher levels
of production do not undermine EPA's determination, using the
appropriate design value, that the Saint Louis area attains the annual
PM2.5 NAAQS.
EPA also notes the design values history in the Saint Louis area.
The 2008-2010 design values appear likely to be similar to or even a
little lower than the 2007-2009 design values. Most significantly,
despite any increase in 2010 values from the 2009 values, the air
quality meets the 1997 annual PM2.5 standard. The historic
design values at monitor 17-119-1007, which is closest to USS-GCW, are
shown on Table 1. The 2008-2010 design value in Table 1 was calculated
using quality assured but not yet certified 2010 data.
Table 1--Annual PM2.5 Design Values at 17-119-1007
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Years 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 2006-2008 2007-2009 2008-2010
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Value................................ 17.5 [micro]g/m\3\ 16.9 17.0 16.6 16.5 15.7 14.1 * 13.8
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* Value calculated with quality assured, but uncertified 2010 data.
Table 1 shows the design values have decreased from values above 16
[micro]g/m\3\ to 15.7 [micro]g/m\3\ in 2006-2008. That is, these data
suggest a downward trend in PM2.5 concentrations even in
years with similar levels of steel production at USS-GCW, suggesting
that air quality has improved as a result of long-term emission
reductions from sources throughout the Saint Louis area and elsewhere.
See also EPA's response to the comment below. Nevertheless, as we noted
before, a determination of attainment is a straightforward assessment
of air quality during a particular time period. EPA is not required,
when making a determination of attainment, to account for the causes of
attainment or to show that attainment is due to permanent and
enforceable emissions reductions. That showing, like maintenance, is a
specific requirement for redesignation of an area to attainment, and
independent of a determination of attainment. EPA will consider this
requirement for redesignation at such time as the states submit any
requests for redesignation. It is not, however, a relevant requirement
in this rulemaking. Compare section 107(d)(3)(E) (i) and (iii).
Comment: ABC commented that, ``Not only is USS-GCW a significant
source of PM2.5 in the [Saint Louis] area, but the facility
has a history of air pollution noncompliance. Regardless of EPA's
determination of attainment, ABC urges ``EPA and IEPA to be vigilant
about enforcing CAA violations at USS-GCW to reduce the threats of air
pollution to the surrounding community.'' ABC noted some enforcement
actions taken at USS-GCW. ABC concluded by asking EPA ``to use all
legal authorities to protect the community from excessive
PM2.5 emissions.''
Response: A determination of attainment is simply an evaluation of
the ambient air quality data that are compared to the NAAQS. For the
Saint Louis area, EPA has determined that the most recent air quality
data establish that the area meets the 1997 PM2.5 NAAQS. The
evaluation is not required to consider the emission limits or
compliance history of sources. The determination of attainment does not
express or imply any EPA position on the compliance history of USS-GCW.
EPA is also working with Illinois and Missouri to seek additional
emission reductions to continue to improve the air quality in the Saint
Louis area. For example, important steps toward further control of USS-
GCW are provided in the Memorandum of Understanding (MOU) that U.S.
Steel and Illinois signed on June 30 and July 1, 2010, respectively.
This agreement is expected to provide significant reductions of
PM2.5 emissions from USS-GCW by the start of 2012 and again
in spring 2013. Although some MOU conditions to aid compliance are
already in place, particulate matter emission limits on several units
are effective beginning January 1, 2012, and on additional units
starting March 31, 2013.
EPA stated in the proposed rule and has reiterated in this final
rule that this determination of attainment is not a redesignation. The
Saint Louis area remains designated nonattainment. For the area to be
redesignated to attainment, Illinois and Missouri must show that the
improvement in air quality is due to permanent and enforceable
emissions reductions, and EPA must fully approve a maintenance plan
meeting the requirements of section 175A of the CAA. Thus, in any
PM2.5 redesignation request that Illinois or Missouri
submits for this area, the state would be required to demonstrate,
among other things, that controls at USS-GCW and other sources in the
area and upwind are sufficient to assure that the area will continue to
attain the standard for at least 10 years beyond the date of the
redesignation.
V. What are the effects of this action?
This determination suspends, under the provisions of the
PM2.5 Implementation Rule (40 CFR 51.1004(c)), the
requirements for the Saint Louis PM2.5 nonattainment area
and the States of Illinois and Missouri to submit attainment
demonstrations, RACM (including RACT), reasonable further progress
plans, contingency measures, and other planning SIPs revisions related
to attainment of the 1997 annual PM2.5 NAAQS provided
[[Page 29655]]
that the area continues to attain the 1997 annual PM2.5
NAAQS.
As discussed further, final approval of the determination of
attainment for the Saint Louis PM2.5 nonattainment area: (1)
Suspends the obligation for Missouri and Illinois to submit the
requirements listed above; (2) continues such suspension until such
time, if any, that EPA subsequently determines that any monitor in the
area has violated the 1997 annual PM2.5 NAAQS; and, (3) is
separate from, and will not influence or otherwise affect, any future
designation determination or requirements for the Saint Louis
PM2.5 nonattainment area based on the 2006 24-hour
PM2.5 NAAQS or future PM2.5 NAAQ revision. Final
approval also suspends the sanction and Federal Implementation Plan
(FIP) timetables for Illinois that were started on November 27, 2009
(EPA found in a November 27, 2009 Final Rule (74 FR 62251), that
Illinois failed to submit a plan with the elements listed in the
previous paragraph for the Saint Louis PM2.5 nonattainment
area). If, in the future, EPA determines, after notice-and-comment
rulemaking in the Federal Register, that the area has violated the 1997
annual PM2.5 NAAQS, the basis for the suspension of the
specific requirements, set forth above, would no longer exist, and the
States of Missouri and Illinois would thereafter have to address the
pertinent requirements. The suspension of the sanction and FIP
timetables would also end and those timetables would begin again at the
point at which they were suspended.
This rulemaking action is limited to a determination that the air
quality data show that the Saint Louis PM2.5 nonattainment
area has monitored attainment of the 1997 annual PM2.5
NAAQS, and it is not equivalent to the redesignation of the Saint Louis
PM2.5 nonattainment area to attainment of the 1997 annual
PM2.5 NAAQS. It is not a redesignation to attainment under
section 107(d)(3) of the CAA because the EPA has not yet approved a
maintenance plan for the area as required under CAA section 175A, nor a
determination that the Saint Louis PM2.5 nonattainment area
has met the other requirements for redesignation under the CAA. The
designation status of the Missouri and Illinois portions of the Saint
Louis PM2.5 nonattainment area will remain nonattainment for
the 1997 annual PM2.5 NAAQS until such time as the EPA takes
final rulemaking action to determine that such portions meet the CAA
requirements for redesignation to attainment.
VI. When is this rule effective?
EPA finds that there is good cause for this determination of
attainment to become effective on the date of publication of this
action in the Federal Register, because a delayed effective date is
unnecessary due to the nature of the action. The expedited effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and 5 U.S.C. 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' As noted
above, this determination of attainment will result in a suspension of
the requirements for the Saint Louis area to submit an attainment
demonstration, a RFP plan, section 172(c)(9) contingency measures, and
any other planning SIPs related to attainment of the 1997 annual
PM2.5 NAAQS for so long as the area continues to attain the
PM2.5 NAAQS. The suspension of these requirements is
sufficient reason to allow an expedited effective date of this rule
under 5 U.S.C. 553(d)(1). This determination of attainment will also
suspend the sanction and FIP timetables for Illinois on the effective
date of this rule. In addition, the suspension of the obligations of
Illinois and Missouri to make submissions for these requirements
provides good cause to make this rule effective on the date of
publication of this action in the Federal Register, pursuant to 5
U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed
in 5 U.S.C. 553(d) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Where, as here, the final rule suspends requirements rather than
imposing obligations, affected parties, such as the Saint Louis area,
do not need time to adjust and prepare before the rule takes effect.
VII. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and results in the suspension of certain 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.
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
[[Page 29656]]
action must be filed in the United States Court of Appeals for the
appropriate circuit by July 22, 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).)
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: May 10, 2011.
Susan Hedman,
Regional Administrator, Region 5.
Dated: May 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.
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 O--Illinois
0
2. Section 52.725 is amended by adding paragraph (k) to read as
follows:
Sec. 52.725 Control strategy: Particulates.
* * * * *
(k) Determination of Attainment. EPA has determined, as of May 23,
2011, that the Saint Louis, Illinois-Missouri PM2.5
nonattainment area has attained the 1997 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, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS.
Subpart AA--Missouri
0
3. Subpart AA is amended by adding Sec. 52.1341 to read as follows:
Sec. 52.1341 Control strategy: Particulate Matter.
Determination of Attainment. EPA has determined, as of May 23,
2011, that the Saint Louis, Illinois-Missouri PM2.5
nonattainment area has attained the 1997 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, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS.
[FR Doc. 2011-12480 Filed 5-20-11; 8:45 am]
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