[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Rules and Regulations]
[Pages 57186-57187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23318]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0203-201035; FRL-9202-9]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama:
Birmingham; Determination of Attaining Data for the 2006 24-Hour Fine
Particulate Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On February 24, 2010, the State of Alabama, through the
Alabama Department of Environmental Management (ADEM), submitted a
request to EPA to make a determination that the Birmingham, Alabama,
nonattainment area has attained the 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS) based
on quality assured, quality controlled monitoring data from 2007-2009.
The Birmingham, Alabama, 2006 24-hour PM2.5 nonattainment
area (hereafter referred to as ``the Birmingham Area'') is comprised of
Jefferson and Shelby Counties in their entireties, and a portion of
Walker County in Alabama. In this action, EPA is taking final action to
determine that the Birmingham Area has attained the 2006 24-hour
PM2.5 NAAQS. This clean data determination is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2007-2009 showing that the Birmingham
Area has monitored attainment of the 2006 24-hour PM2.5
NAAQS.
DATES: Effective Date: This final rule is effective on October 20,
2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-0203. 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 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: 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
[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. What are the statutory and Executive order reviews?
I. What action is EPA taking?
EPA is taking final action to determine that the Birmingham Area
(comprised of Jefferson and Shelby Counties in their entireties and a
portion of Walker County) has attaining data for the 2006 24-hour
PM2.5 NAAQS. This clean data determination is based upon
quality assured, quality controlled and certified ambient air
monitoring data that shows the Area has monitored attainment of the
2006 24-hour PM2.5 NAAQS based on the 2007-2009 data. While
still preliminary, the available 2010 24-hour PM2.5 data
also monitored attainment for the 2006 24-hour PM2.5
standard.
Other specific requirements of the clean data determination and the
rationale for EPA's action are explained in the notice of proposed
rulemaking (NPR) published on June 14, 2010 (75 FR 33562) and will not
be restated here. The comment period closed on July 14, 2010. No
comments, adverse or otherwise, were received in response to the NPR.
[[Page 57187]]
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 an attainment demonstration,
associated reasonably available control measures, reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the 2006 24-hour PM2.5 NAAQS as long as this
Area continues to meet the 2006 24-hour PM2.5 NAAQS.
Finalizing this action does not constitute a redesignation of the
Birmingham Area to attainment for the 2006 24-hour 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. Additionally, this action is not in regards to the
Birmingham Area's status for the 1997 PM2.5 standard.
III. What is EPA's final action?
EPA is taking final action to determine that the Birmingham Area
has attaining data for the 2006 24-hour PM2.5 NAAQS. This
clean data determination is based upon quality assured, quality
controlled, and certified ambient air monitoring data showing that this
Area has monitored attainment of the 2006 24-hour 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 an attainment demonstration, associated reasonably available
control measures, reasonable further progress plans, contingency
measures, and other planning SIPs related to attainment of the 2006 24-
hour PM2.5 NAAQS as long as the Area continues to meet the
2006 24-hour PM2.5 NAAQS. EPA is taking this final action
because it is in accordance with the CAA and EPA policy and guidance.
IV. What are 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, this action merely approves State law as
meeting 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 action does 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 November 19, 2010. 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, pertaining to the determination of attaining data
for the 2006 24-hour fine particulate matter standard for the
Birmingham 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.
Dated: September 3, 2010 .
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
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2. Section 52.62 is amended by adding (a) to read as follows:
Sec. 52.62 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(a) Determination of Attaining Data. EPA has determined, as of
September 20, 2010, the Birmingham, Alabama, nonattainment area has
attaining data for the 2006 24-hour PM2.5 NAAQS. This clean
data 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. 2010-23318 Filed 9-17-10; 8:45 am]
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