[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Pages 27290-27294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11355]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0255-201050; FRL-9303-8]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Kentucky; Ohio; Huntington-Ashland Nonattainment Area; 
Determinations of Attainment of the 1997 Annual Fine Particulate 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make two determinations regarding the tri-
state Huntington-Ashland, West Virginia-Kentucky-Ohio fine particulate 
matter (PM2.5) nonattainment Area (hereafter referred to as 
``the Huntington-Ashland Area'' or ``Area''). First, EPA is proposing 
to determine that the Area has attained the 1997 annual average 
PM2.5 National Ambient Air Quality Standard (NAAQS). This 
proposed 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 attained the 1997 annual 
PM2.5 NAAQS, and data available to date for 2010 in EPA's 
Air Quality System (AQS) database that show the area continues to 
attain. If EPA finalizes this proposed determination of attainment, the 
requirements for the Area to submit attainment demonstrations 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 for so long as the Area continues to attain 
the annual PM2.5 NAAQS. Second, EPA is also proposing to 
determine, based on quality-assured and certified monitoring data for 
the 2007-2009 monitoring period, that the Area has attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010.

DATES: Comments must be received on or before June 10, 2011.

ADDRESSES: Submit your comments regarding the tri-state Huntington-
Ashland Area, identified by Docket ID No. EPA-R04-OAR-2010-0255, by one 
of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9040.
    4. Mail: EPA-R04-OAR-2010-0255, 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.
    5. Hand Delivery: Lynorae Benjamin, 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. Such deliveries are only accepted during 
the Regional Office normal hours of operation, and special arrangements

[[Page 27291]]

should be made for deliveries of boxed information. The Regional Office 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0255. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in http://www.regulations.gov or in hard copy 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. 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 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: In Region 3, Ellen Wentworth, Office 
of Air Program Planning, U.S. Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2023. The 
telephone number is (215) 814-2034. Ms. Wentworth can also be reached 
via electronic mail at [email protected]. In Region 4, 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]. In Region 5, John Summerhays, Air Planning and 
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3507. Mr. Summerhays' telephone number is (312) 886-
6067. Mr. Summerhays can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking?
II. What is the background for these actions?
III. Has the Huntington-Ashland area attained the 1997 annual 
PM2.5 standard?
    A. Criteria
    B. Huntington-Ashland Area Air Quality
    C. How did EPA address air quality in Lawrence County?
    D. Has the Huntington-Ashland area met the 1997 annual 
PM2.5 air quality standard?
IV. What is the effect of these actions?
V. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    In accordance with Section 179(c)(1) of the Clean Air Act (CAA), 42 
U.S.C. 7509(c)(1), and 40 CFR 51.1004(c), EPA is proposing to determine 
that the Huntington-Ashland Area (which consists of portions in West 
Virginia, Kentucky, and Ohio) has attained the 1997 annual 
PM2.5 NAAQS. The proposal is based upon quality-assured and 
certified ambient air monitoring data for the 2007-2009 monitoring 
period that show that the Area has monitored attainment of the 1997 
annual PM2.5 NAAQS, and data available to date for 2010 that 
show the Area continues to attain. EPA is also proposing to determine, 
in accordance with EPA's PM2.5 Implementation Rule of April 
25, 2007 (72 FR 20664), that the Huntington-Ashland Area has attained 
the 1997 annual PM2.5 NAAQS by its applicable attainment 
date of April 5, 2010.

II. What is the background for these actions?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations (hereafter referred to as ``the annual PM2.5 
NAAQS'' or ``the annual standard''). At that time, EPA also established 
a 24-hour standard of 65 [mu]g/m\3\ (the ``1997 24-hour standard''). 
See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air 
quality designations and classifications for the 1997 PM2.5 
NAAQS based upon air quality monitoring data from those monitors for 
calendar years 2001-2003. These designations became effective on April 
5, 2005. The Huntington-Ashland Area was designated nonattainment for 
the 1997 PM2.5 NAAQS during this designations process. See 
40 CFR 81.349 (West Virginia), 40 CFR 81.318 (Kentucky), and 40 CFR 
81.336 (Ohio). The Huntington-Ashland Area is composed of Cabell and 
Wayne Counties in their entireties and a portion of Mason County 
(Graham Tax District) in West Virginia; Boyd County in its entirety and 
a portion of Lawrence County in Kentucky; and a portion of Adams, a 
portion of Gallia, Lawrence, and Scioto Counties in Ohio.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, and promulgated a 24-hour 
standard of 35 [mu]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations (the ``2006 24-hour standard''). 
On November 13, 2009, EPA designated the Huntington-Ashland Area as 
attainment for the 2006 24-hour standard (74 FR 58688). In that action, 
EPA also clarified the designations for the NAAQS promulgated in 1997, 
stating that the Huntington-Ashland Area was designated as 
nonattainment for the annual standard but attainment for the 1997 24-
hour standard. Thus, today's action does not address attainment of 
either the 1997 or the 2006 24-hour standard.
    In response to legal challenges of the annual standard promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit) remanded this standard to EPA for further consideration. 
See American

[[Page 27292]]

Farm Bureau Federation and National Pork Producers Council, et al. v. 
EPA, 559 F.3d 512 (DC Cir. 2009). However, given that the 1997 and 2006 
annual standards are essentially identical, attainment of the 1997 
annual standard would also indicate attainment of the remanded 2006 
annual standard.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 Implementation Rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for state and Tribal 
plans to implement the 1997 PM2.5 standard. This rule, at 40 
CFR 51.1004(c), specifies some of the regulatory consequences of 
attaining the standard, as discussed below.

III. Has the Huntington-Ashland area attained the 1997 annual 
PM2.5 standard?

A. Criteria

    Today's proposed rulemaking assesses whether (1) the Huntington-
Ashland Area has attained the 1997 annual PM2.5 NAAQS, based 
on the most recent three years of quality-assured data, and (2) whether 
the Area attained that NAAQS by its applicable attainment date of April 
5, 2010.
    Under EPA regulations at 40 CFR 50.7, the 1997 annual primary and 
secondary PM2.5 standards are met when the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, is less than or equal to 15.0 [micro]g/m\3\ at all relevant 
monitoring sites in the subject area.

B. Huntington-Ashland Area Air Quality

    EPA has determined that the PM2.5 monitoring network for 
the Huntington-Ashland Area is adequate based on the following reasons. 
First, the number of monitors in the Area meets the minimum regulatory 
requirements given in 40 CFR 58 Appendix D. Second, the monitoring is 
in accordance with state monitoring plans that have been reviewed and 
approved by the respective EPA regional offices.
    Table 1 shows the design values (i.e., the 3-year average of annual 
mean PM2.5 concentrations) for the 1997 annual 
PM2.5 NAAQS for the Huntington-Ashland Area monitors for the 
years 2007-2009. All data considered have been quality-assured, 
certified, and recorded in AQS. The highest 3-year average annual 
concentration for 2007-2009 on this table was recorded in Cabell 
County, West Virginia at the Huntington site--54-011-0006, recording a 
3-year average annual concentration of 14.3 [mu]g/m\3\.
    EPA's review of these data indicates that the Huntington-Ashland 
Area has met the 1997 annual PM2.5 NAAQS. Table 1 and the 
related discussion below and in the technical support document (TSD) 
show that, based on EPA's analysis of data for 2007-2009, the Area 
attained the 1997 annual PM2.5 standard by its attainment 
date of April 5, 2010. In addition, Table 2 and the related discussion 
below and in the TSD show that the Area continues to attain the 
standard based on data available to date for 2010. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

                 Table 1--2007-2009 Annual Average Concentrations in the Huntington-Ashland Area
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                                                                                                 Annual average
                Site name                                County                   Site No.        concentration
                                                                                                  ([mu]g/m\3\)
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Huntington...............................  Cabell...........................       54-011-0006          \1\ 14.3
Ashland Primary (FIVCO)..................  Boyd.............................       21-019-0017              12.4
Lawrence County Hospital (LCH)...........  Lawrence.........................       39-087-0010          \2\ 13.3
Ironton Department of Transportation       Lawrence.........................       39-087-0012              12.2
 (DOT) \3\.
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C. How did EPA address the air quality in Lawrence County?

Monitoring Network
    The LCH site was demolished on February 12, 2008, and a new site in 
the Lawrence County, Ohio portion of the Huntington-Ashland Area, known 
as the Ironton DOT site, began operation on the same day. As a 
consequence of the shutdown of the LCH site, the site was not able to 
meet the data completeness requirements for 2007-2009 because it was 
not operating for the entire 2007-2009 monitoring period. A year during 
which monitoring data is collected meets EPA data completeness 
requirements when at least 75 percent of the scheduled sampling days 
for each quarter have valid data. See 40 CFR part 50, Appendix N, 
section 4.1(b). The use of less than complete data is subject to the 
approval of EPA, which may consider factors such as monitoring site 
closures/moves, monitoring diligence, and nearby concentrations in 
determining whether to use such data (40 CFR part 50, Appendix N, 
section 4.1(c)). The Ironton DOT site was a new site in 2008 and thus 
did not collect data for 2007 and part of the first quarter of 2008; 
however, the data are complete for the remainder of 2008 and 2009. 
Because this was a new monitor during the 2007-2009 period, these data 
are considered supplemental to the data provided from the other 
monitors in the Area.
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    \1\ West Virginia has a collocated monitor in place at the same 
site for quality assurance purposes. The primary monitor, and not 
the collocated monitor, is used to determine compliance with the 
PM2.5 NAAQS. Since the collocated monitor takes fewer 
readings than the primary monitor, its average annual values may be 
unrepresentatively high. See 40 CFR part 50, Appendix N, 3(d)(1).
    \2\ The Lawrence County Hospital Site was shut down in February 
2008. The Ironton DOT site began operation on the same day the 
Lawrence County Hospital Site ceased monitoring.
    \3\ The Ironton DOT site did not begin operation until February 
2008.
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    To evaluate air quality at the LCH site, EPA applied statistical 
analysis using data from other sites in the Area. The approach, 
summarized in this section and further described in the TSD, is 
appropriate for this Area but may or may not be suitable for other 
areas with less than complete data. EPA will evaluate the 
appropriateness of this analytical approach on a case-by-case basis for 
determinations regarding each area with less than complete data.
    The first step in the analysis was to assess the correlation of 
concentrations at the LCH site with concentrations at other sites in 
the Area. The monitor in the Area that had the highest correlation with 
the LCH site was the Ashland Primary site; therefore, subsequent 
analyses used data from this site. The second step was to develop a 
regression equation expressing the relationship between concentrations 
at the LCH and the Ashland Primary sites. This regression equation was 
used to estimate values at the LCH site on days during quarters with 
incomplete data when the LCH site did not measure concentrations 
because the site was no longer operating. A 2007-2009 design value for 
the LCH site was then calculated using these estimated values. Under 
this method, the 2007-2009

[[Page 27293]]

design value for the LCH site was estimated to be 13.3 [mu]g/m\3\.
    This estimated design value was then analyzed using a statistical 
method that involved the use of regression residuals, referred to as 
the bootstrap method. In this analysis, EPA repeated the regression 
analysis 1,000 times with different values within the probability 
distribution of LCH concentrations that could be associated with given 
concentrations at the Ashland Primary site. From this analysis, as 
described in detail in the TSD, EPA determined that the upper end of 
the range of potential 2007-2009 design values obtained did not exceed 
the NAAQS. No exceedances of the NAAQS resulted from application of the 
statistical analysis. Therefore, EPA concluded that for 2007-2009, the 
annual average concentrations of all of the monitors in the Huntington-
Ashland Area are below the NAAQS.
    Although the LCH monitor does not have complete data for the 2007-
2009 monitoring period, the historical certified data recorded at the 
monitor provide additional support for EPA's proposed determination 
that the Huntington-Ashland Area has attained the 1997 annual 
PM2.5 NAAQS. The annual average design values for the two 
years preceding the demolition of the site (2006 and 2007) were below 
the NAAQS and the monitor met data completeness requirements. EPA is 
also approving the use of these data for consideration in this 
determination because it finds that West Virginia and Kentucky have 
exercised diligence in monitoring in the Huntington-Ashland Area.
    Determinations of attainment are based on three years of complete, 
quality-assured data. Nevertheless, any such assessment should consider 
additional quality-assured data, to the extent that quality-assured 
data exist. In accordance with Appendix N and standard EPA practice, 
this review of data is based on the three most recent years of complete 
data, generally 2007-2009. Quality-assured data are now available for 
2010, which EPA used to compute preliminary design values. The 
Huntington site has a preliminary 2008-2010 design value of 13.1 [mu]g/
m\3\, the Ashland site has a preliminary 2008-2010 design value of 11.4 
[mu]g/m\3\, and the Ironton DOT site has a preliminary 2008-2010 design 
value of 12.2 [mu]g/m\3\. On the basis of this review, EPA is proposing 
to determine that the Huntington-Ashland Area has attained the 1997 
annual PM2.5 NAAQS, and is soliciting public comments on its 
proposed determination.

                 Table 2--2008-2010 Annual Average Concentrations in the Huntington-Ashland Area
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                                                                                                 Annual average
                Site name                                County                   Site No.        concentration
                                                                                                  ([mu]g/m\3\)
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Huntington...............................  Cabell...........................       54-011-0006              13.1
Ashland Primary (FIVCO)..................  Boyd.............................       21-019-0017              11.4
Ironton DOT \4\..........................  Lawrence.........................       39-087-0012              12.2
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D. Has the Huntington-Ashland area met the 1997 annual PM2.5 
air quality standard?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded the data in the EPA AQS database, for the 
Huntington-Ashland Area from 2007 through the present time.
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    \4\ The Ironton DOT site began operation in February 2008 and 
thus did collect 75 percent for the first quarter of 2008. However, 
this was a new site and monitoring data did meet 75 percent 
completeness for the remainder of the quarter and for the subsequent 
quarters. As such, EPA does not consider the first quarter data to 
be incomplete.
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    On the basis of that review, EPA proposes to determine that this 
Area has attained and continues to attain the 1997 annual 
PM2.5 NAAQS based on the quality-assured data for the 2007-
2009, which demonstrates attainment by April 5, 2010, and 2008-2010 
monitoring periods. In addition, based on EPA's review of the data for 
2007-2009, and in accordance with section 179(c)(1) of the CAA and 
EPA's regulations, EPA proposes to determine that the Area attained the 
1997 annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010.

IV. What is the effect of these actions?

    If EPA's proposed determination of attainment, based on the most 
recent three years of quality-assured data, is made final, the 
requirements for the Huntington-Ashland Area to submit attainment 
demonstrations and associated RACM, a RFP plan, contingency measures, 
and any other planning SIPs related to attainment of the 1997 annual 
PM2.5 NAAQS would be suspended for so long as the 
Huntington-Ashland Area continues to attain the 1997 annual 
PM2.5 NAAQS. See 40 CFR 51.1004(c). Notably, as described 
below, any such determination would not be equivalent to the 
redesignation of the Huntington-Ashland Area to attainment for the 1997 
annual PM2.5 NAAQS.
    If this proposed determination of attainment is finalized and EPA 
subsequently 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 would no longer exist for the Huntington-Ashland Area, and 
the Area would thereafter have to address the applicable requirements. 
See 40 CFR 51.1004(c).
    Finalizing this proposed action would not constitute a 
redesignation of the Area to attainment of the 1997 annual 
PM2.5 NAAQS under section 107(d)(3) of the CAA. Further, 
finalizing this proposed action does not involve approving maintenance 
plans for the Area as required under section 175A of the CAA, nor would 
it find that the Area has met all other requirements for redesignation. 
Even if EPA finalizes the proposed action, the designation status of 
the Huntington-Ashland Area would remain nonattainment for the 1997 
annual PM2.5 NAAQS until such time as EPA determines that 
the Area meets the CAA requirements for redesignation to attainment and 
takes action to redesignate the Huntington-Ashland Area.
    In addition, if EPA's separate and independent proposed 
determination that the Area has attained the 1997 annual 
PM2.5 standard by its applicable attainment date (April 5, 
2010) is finalized, EPA will have met its requirement pursuant to 
section 179(c)(1) of the CAA to make a determination based on the 
Area's air quality data as of the attainment date whether the Area 
attained the standard by that date.
    These two actions described above are proposed determinations 
regarding the Huntington-Ashland Area's attainment only with respect to 
the 1997 annual

[[Page 27294]]

PM2.5 NAAQS. Today's actions do not address the 24-hour 
PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain Federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. For that reason, these 
proposed actions:
     Are not ``significant regulatory actions'' 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.);
     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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions 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 proposed 1997 annual PM2.5 NAAQS determinations for 
the Huntington-Ashland Area 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: April 13, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
    Dated: April 26, 2011.
Susan Hedman,
Regional Administrator, Region 5.
    Dated: April 6, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-11355 Filed 5-10-11; 8:45 am]
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