[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55542-55544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22653]



[[Page 55541]]

Vol. 76

Wednesday,

No. 173

September 7, 2011

Part IV





Environmental Protection Agency





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40 CFR Part 52





Approval and Promulgation of Air Quality Implementation Plans; Final 
Rules

  Federal Register / Vol. 76 , No. 173 / Wednesday, September 7, 2011 / 
Rules and Regulations  

[[Page 55542]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0255-201141; FRL-9459-4]


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 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is determining that the tri-state Huntington-Ashland, West 
Virginia-Kentucky-Ohio, fine particulate (PM2.5) 
nonattainment Area (hereafter referred to as ``the Huntington-Ashland 
Area'' or ``Area'') has attained the 1997 annual PM2.5 
national ambient air quality standards (NAAQS) and additionally, that 
the Area has attained the 1997 annual PM2.5 NAAQS by its 
applicable attainment date of April 5, 2010. The Huntington-Ashland 
Area is comprised 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. These determinations of attainment are based upon 
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 October 7, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2010-0255. 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: In Region 3, Ellen Wentworth, Office 
of Air Program Planning, U.S. Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2023. Ms. 
Wentworth's 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 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 Huntington-Ashland Area (comprised 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) has 
attained 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 as well 
as the 2008-2010 data. EPA is also determining, 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.
    Other specific requirements of the determination and the rationale 
for EPA's action are explained in the notice of proposed rulemaking 
(NPR) published on May 11, 2011 (76 FR 27290). For summary purposes, 
and with regard to the data, the Lawrence County Hospital (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. In a statistical analysis 
performed by EPA's Office of Air Quality Planning and Standards, as 
described in the NPR, EPA determined that the upper end of the range of 
potential 2007-2009 design values for the LCH site did not exceed the 
NAAQS. 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. The annual design value for 2007-2009 for the Huntington-
Ashland Area is 14.1 micrograms per cubic meter ([mu]g/m\3\), at the 
Huntington site (54-011-0006). The annual design value for 2008-2010 
for the Huntington-Ashland Area is 13.1 [mu]g/m\3\, at the Huntington 
site (54-011-0006). These values are below the NAAQS. The comment 
period closed on June 10, 2011. No 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 Huntington-Ashland Area to attainment for the 1997 annual 
PM2.5 NAAQS

[[Page 55543]]

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.
    In addition, EPA is making a separate and independent determination 
that the Area has attained the 1997 annual PM2.5 standard by 
its applicable attainment date (April 5, 2010), thereby satisfying 
EPA's 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.

III. What is EPA's final action?

    EPA is determining that the Huntington-Ashland Area has data 
indicating it has attained the 1997 annual PM2.5 NAAQS, and 
additionally, that the Area has attained the standard by its applicable 
attainment date (April 5, 2010). These determinations are 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 and 
continues to monitor attainment during the 2008-2010 period. The 
determination of attaining data 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. 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

    This action makes determinations 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 
Huntington-Ashland 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 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).)
    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: July 21, 2011.
W.C. Early,
Acting Regional Administrator, Region 3.
    Dated: August 18, 2011.
 Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
    Dated: July 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.

    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 S--Kentucky

0
2. Section 52.929 is added to read as follows:


Sec.  52.929  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 Huntington-Ashland, West 
Virginia-Kentucky-Ohio 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 Huntington-Ashland PM2.5 nonattainment 
Area is not subject to the consequences of failing to attain pursuant 
to section 179(d).
    (b) [Reserved]

0
3. Section 52.933 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.933  Control Strategy: Sulfur oxides and particulate matter.

* * * * *

[[Page 55544]]

    (d) Determination of Attainment. EPA has determined, as of 
September 7, 2011, that based upon 2007-2009 air quality data, the 
Huntington-Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has 
attained 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.

Subpart KK--Ohio

0
4. Section 52.1880 is amended by adding paragraph (m) to read as 
follows:


Sec.  52.1880  Control Strategy: Particulate matter.

* * * * *
    (m) Determination of Attainment. EPA has determined, as of 
September 7, 2011, that based upon 2007-2009 air quality data, the 
Huntington-Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has 
attained 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.

0
5. Section 52.1892 is added to read as follows:


Sec.  52.1892  Determination of attainment.

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

Subpart XX--West Virginia

0
6. Section 52.2526 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.2526  Control strategy: Particulate matter.

* * * * *
    (c) Determination of Attainment. EPA has determined, as of 
September 7, 2011, that based upon 2007-2009 air quality data, the 
Huntington-Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has 
attained 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.

0
7. Section 52.2527 is added to read as follows:


Sec.  52.2527  Determination of attainment.

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

[FR Doc. 2011-22653 Filed 9-6-11; 8:45 am]
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