[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55774-55775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22831]
[[Page 55773]]
Vol. 76
Thursday,
No. 174
September 8, 2011
Part III
Environmental Protection Agency
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40 CFR Part 52
Approval and Promulgation of Implementation Plans and Designations of
Areas for Air Quality Planning Purposes; Alabama, Tennessee, and
Georgia: Chattanooga and Macon; Determination of Attainment by
Applicable Attainment Date for the 1997 Annual Fine Particulate
Standards; Final Rules
Federal Register / Vol. 76 , No. 174 / Thursday, September 8, 2011 /
Rules and Regulations
[[Page 55774]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0408-201146; FRL-9459-2]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama,
Tennessee, and Georgia: Chattanooga and Macon; Determination of
Attainment by Applicable Attainment Date for the 1997 Annual Fine
Particulate Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is determining that the Chattanooga, Alabama-Tennessee-
Georgia, fine particulate (PM2.5) nonattainment area
(hereafter referred to as ``the Chattanooga Area'') and the Macon,
Georgia PM2.5 nonattainment area (hereafter referred to as
``the Macon Area'') have attained the 1997 annual PM2.5
national ambient air quality standards (NAAQS) by the applicable
attainment date of April 5, 2010. The determinations of attainment were
previously finalized by EPA on May 31, 2011, for the Chattanooga Area
and June 2, 2011, for the Macon Area, and were based on quality-assured
and certified monitoring data for the 2007-2009 monitoring period. The
Chattanooga Area is comprised of Hamilton County in Tennessee, Catoosa
and Walker Counties in Georgia, and a portion of Jackson County in
Alabama. The Macon Area is comprised of Bibb County in its entirety and
a portion of Monroe County in Georgia. EPA is determining to find that
both of the above-identified areas attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date. EPA is
finalizing these actions because they are consistent with the Clean Air
Act (CAA) and its implementing regulations.
DATES: Effective Date: This final rule is effective on October 11,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2011-0408. All documents in the docket are listed in
the http://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 http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Joel Huey or Sara Waterson, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Huey's telephone
number is (404) 562-9104. Mr. Huey can also be reached via electronic
mail at [email protected]. Ms. Waterson may be reached by phone at
(404) 562-9061 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking?
II. What is the effect of these actions?
III. What are EPA's final actions?
IV. Statutory and Executive Order Reviews
I. What actions is EPA taking?
Based on EPA's review of the quality-assured and certified
monitoring data for 2007-2009, and in accordance with section 179(c)(1)
of the CAA and EPA's regulations, EPA is determining that the
Chattanooga and Macon Areas attained the 1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010.
On May 31, 2011, for the Chattanooga Area and June 2, 2011, for the
Macon Area, EPA published two final rulemakings to make determinations
of attainment to suspend the requirements for the Chattanooga and Macon
Areas to submit attainment demonstrations 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 1997 annual
PM2.5 NAAQS so long as the Areas continue to attain the 1997
annual PM2.5 NAAQS. See 76 FR 31239 for the final rulemaking
related to the Chattanooga Area; see 76 FR 31858 for the final
rulemaking related to the Macon Area. Those final rulemakings also
include useful background information on the PM2.5 NAAQS
relevant to the Chattanooga and Macon Areas. Today's actions make
determinations that the Chattanooga and Macon Areas attained the1997
annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. Today's actions are simply focused on the date by which
the areas had attaining data.
Other specific requirements of the determinations and the rationale
for EPA's actions are explained in the notice of proposed rulemaking
(NPR) published on June 2, 2011 (76 FR 31900). The comment period
closed on July 5, 2011. No comments were received in response to the
NPR.
II. What is the effect of these actions?
Today's actions are determinations that the Chattanooga and Macon
Areas attained the 1997 annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010, consistent with CAA section
179(c)(1). Finalizing these actions does not constitute a redesignation
of either the Chattanooga or Macon Areas to attainment of the 1997
annual PM2.5 NAAQS under section 107(d)(3) of the CAA.
Further, finalizing these actions does not involve approving
maintenance plans for either the Chattanooga or Macon Areas as required
under section 175A of the CAA, nor would it find that the Chattanooga
or Macon Areas have met all other requirements for redesignation. The
designation status of the Chattanooga and Macon Areas remains
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that the individual area meets the CAA
requirements for redesignation to attainment and takes action to
redesignate the individual area.
III. What are EPA's final actions?
EPA is determining, based on quality-assured and certified
monitoring data for the 2007-2009 monitoring period, that the
Chattanooga and the Macon Areas attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. 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
These actions make determinations of attainment based on air
quality, and would not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 55775]]
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 action 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 1997 PM2.5 determinations of
attainment by applicable attainment date for the Chattanooga and Macon
Areas do not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because the SIP is not approved
to apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 7, 2011. Filing a petition for
reconsideration by the Administrator of these final rules do 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 may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
For purposes of judicial review, the two determinations approved by
today's action are severable from one another.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 18, 2011.
Beverly H. Banister,
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 B--Alabama
0
2. Section 52.64 is added to read as follows:
Sec. 52.64 Determination of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Chattanooga, Alabama-Georgia-Tennessee
PM2.5 nonattainment area is not subject to the consequences
of failing to attain pursuant to section 179(d).
Subpart L--Georgia
0
3. Section 52.577 is added to read as follows:
Sec. 52.577 Determination of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Chattanooga, Alabama-Georgia-Tennessee
PM2.5 nonattainment area is not subject to the consequences
of failing to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Macon, Georgia
PM2.5 nonattainment Area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Macon, Georgia PM2.5 nonattainment Area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
Subpart RR--Tennessee
0
4. Section 52.2232 is added to read as follows:
Sec. 52.2232 Determination of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment Area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Chattanooga, Alabama-Georgia-Tennessee
PM2.5 nonattainment Area is not subject to the consequences
of failing to attain pursuant to section 179(d).
[FR Doc. 2011-22831 Filed 9-7-11; 8:45 am]
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