[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55544-55546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22649]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0414-201145; FRL-9459-5]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Kentucky and 
Indiana; Louisville; 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 bi-state Louisville, Kentucky-
Indiana, fine particulate (PM2.5) nonattainment Area 
(hereafter referred to as ``the Louisville Area'') has attained the 
1997 annual PM2.5 national ambient air quality standards 
(NAAQS) by the applicable attainment date of April 5, 2010. The 
determination of attainment was previously finalized by EPA on March 9, 
2011, and was based on quality-assured and certified monitoring data 
for the 2007-2009 monitoring period. The Louisville Area is comprised 
of Jefferson County in Kentucky, and Clark, Floyd and a portion of 
Jefferson Counties in Indiana. EPA is determining to find that the 
above-identified Area attained the 1997 annual PM2.5 NAAQS 
by its applicable attainment date. EPA is finalizing this action 
because it is consistent with the Clean Air Act (CAA) and its 
implementing regulations.

DATES: Effective Date: This final rule is effective on October 7, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2010-0414. 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:

[[Page 55545]]

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?

    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 
Louisville Area attained the 1997 annual PM2.5 NAAQS by the 
applicable attainment date of April 5, 2010.
    On March 9, 2011, EPA published a final rulemaking to make a 
determination of attainment to suspend the requirements for the 
Louisville Area to submit an attainment demonstration and associated 
reasonably available control measures (RACM), reasonable further 
progress (RFP) plan, contingency measures, and other planning State 
Implementation Plan (SIP) revisions related to attainment of the 1997 
annual PM2.5 NAAQS so long as the Area continues to attain 
the 1997 annual PM2.5 NAAQS. See 76 FR 12860. This final 
rulemaking also includes useful background information on the 
PM2.5 NAAQS relevant to the Louisville Area. Today's action 
makes a determination that the Louisville Area attained the1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Today's action is simply focused on the date by which the Area 
had attaining 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 June 15, 2011 (76 FR 34935). The comment period 
closed on July 15, 2011. No comments were received in response to the 
NPR.

II. What is the effect of this action?

    Today's action is a determination that the Louisville Area attained 
the 1997 annual PM2.5 NAAQS by its applicable attainment 
date of April 5, 2010, consistent with CAA section 179(c)(1). 
Finalizing this action does not constitute a redesignation of 
Louisville Area to attainment of the 1997 annual PM2.5 NAAQS 
under section 107(d)(3) of the CAA. Further, finalizing this action 
does not involve approving maintenance plans for the Louisville Area as 
required under section 175A of the CAA, nor would it find that the 
Louisville Area has met all other requirements for redesignation. The 
designation status of the Louisville Area remains 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 Area.

III. What is EPA's final action?

    EPA is determining, based on quality-assured and certified 
monitoring data for the 2007-2009 monitoring period, that the 
Louisville Area attained the 1997 annual PM2.5 NAAQS by the 
applicable attainment date of April 5, 2010. This action is being taken 
pursuant to section 179(c)(1) of the CAA and is consistent with the CAA 
and its implementing regulations.

IV. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air 
quality, and would 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 determination of attainment by applicable 
attainment date for the Louisville 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 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. 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: 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 P--Indiana

0
2. Section 52.774 is added to read as follows:


Sec.  52.774  Determination of attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007-

[[Page 55546]]

2009, EPA determined that the Louisville, Kentucky-Indiana 
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 Louisville PM2.5 nonattainment Area is 
not subject to the consequences of failing to attain pursuant to 
section 179(d).

Subpart S--Kentucky

0
3. Section 52.929 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.929  Determination of attainment.

* * * * *
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Louisville, Kentucky-Indiana 
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 Louisville PM2.5 nonattainment Area is 
not subject to the consequences of failing to attain pursuant to 
section 179(d).

[FR Doc. 2011-22649 Filed 9-6-11; 8:45 am]
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