[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Rules and Regulations]
[Pages 18650-18651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7773]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0798-201048; FRL-9288-8]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia: Rome;
Determination of Attaining Data for the 1997 Annual Fine Particulate
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA has determined that the Rome, Georgia, fine particulate
(PM2.5) nonattainment area (hereafter referred to as ``the
Rome Area'' or ``Area'') has attained the 1997 annual average
PM2.5 National Ambient Air Quality Standard (NAAQS). The
Rome Area is comprised of Floyd County in its entirety. This
determination of attainment is based upon complete, quality-assured and
certified ambient air monitoring data for the 2007-2009 period showing
that the Area has monitored attainment of the 1997 annual
PM2.5 NAAQS. The requirements for the Area to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to attainment of the standard shall be suspended so long as the
Area continues to attain the 1997 annual PM2.5 NAAQS.
DATES: Effective Date: This final rule is effective on May 5, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-0798. 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 may be
reached by phone at (404) 562-9104 or 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 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 action is EPA taking?
EPA is determining that the Rome Area (comprised of Floyd County in
its entirety) has attaining data for the 1997 annual PM2.5
NAAQS. This determination is based upon quality assured, quality
controlled and certified ambient air monitoring data that shows the
Area has monitored attainment of the 1997 annual PM2.5 NAAQS
based on the 2007-2009 data.
Other specific requirements of the determination and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on December 13, 2010 (75 FR 77595). The first and
second quarters of 2008 were incomplete with around 73 percent
completeness each. Data
[[Page 18651]]
substitution, as described in 40 CFR part 50, Appendix N, was used to
make a complete record. EPA proposed that the Rome Area is meeting the
1997 annual PM2.5 NAAQS both with and without data
substitution and is now meeting the 1997 annual PM2.5 NAAQS.
The design value without data substitution, 13.3 [mu]g/m\3\, is
considered to be the official design value. The comment period closed
on January 13, 2011. No adverse comments were received in response to
the NPR.
II. What is the effect of this action?
This final action, 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 other planning
SIPs related to attainment of the 1997 annual PM2.5 NAAQS as
long as this Area continues to meet the 1997 annual PM2.5
NAAQS. Finalizing this action does not constitute a redesignation of
the Rome Area to attainment for the 1997 annual PM2.5 NAAQS
under section 107(d)(3) of the Clean Air Act (CAA). Further, finalizing
this action 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 is EPA's final action?
EPA is determining that the Rome Area has attaining data for the
1997 annual PM2.5 NAAQS. This determination is based upon
quality assured, quality controlled, and certified ambient air
monitoring data showing that this Area has monitored attainment of the
1997 annual PM2.5 NAAQS during the period 2007-2009. 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 other planning
SIPs related to attainment of the 1997 annual PM2.5 NAAQS as
long as the Area continues to meet the 1997 annual PM2.5
NAAQS. EPA is taking this final action because it is in accordance with
the CAA and EPA policy and guidance.
IV. Statutory and Executive Order Reviews
This action makes a determination of attainment based on air
quality, and will result in the suspension of certain federal
requirements, and it will 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 1997 PM2.5 clean NAAQS data determination for the Rome
Area 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 action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 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, Particulate matter.
Dated: March 24, 2011.
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 L--Georgia
0
2. Section 52.578 is amended by adding paragraphs (a) and (b) to read
as follows:
Sec. 52.578 Control Strategy: Sulfur oxides and particulate matter.
* * * * *
(a) Determination of Attaining Data. EPA has determined, as of
April 5, 2011, the Rome, Georgia, nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(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.
(b) [Reserved]
[FR Doc. 2011-7773 Filed 4-4-11; 8:45 am]
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