[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55774-55775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22831]



[[Page 55773]]

Vol. 76

Thursday,

No. 174

September 8, 2011

Part III





Environmental Protection Agency





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40 CFR Part 52





Approval and Promulgation of Implementation Plans and Designations of 
Areas for Air Quality Planning Purposes; Alabama, Tennessee, and 
Georgia: Chattanooga and Macon; Determination of Attainment by 
Applicable Attainment Date for the 1997 Annual Fine Particulate 
Standards; Final Rules

  Federal Register / Vol. 76 , No. 174 / Thursday, September 8, 2011 / 
Rules and Regulations  

[[Page 55774]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0408-201146; FRL-9459-2]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Alabama, 
Tennessee, and Georgia: Chattanooga and Macon; 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 Chattanooga, Alabama-Tennessee-
Georgia, fine particulate (PM2.5) nonattainment area 
(hereafter referred to as ``the Chattanooga Area'') and the Macon, 
Georgia PM2.5 nonattainment area (hereafter referred to as 
``the Macon Area'') have attained the 1997 annual PM2.5 
national ambient air quality standards (NAAQS) by the applicable 
attainment date of April 5, 2010. The determinations of attainment were 
previously finalized by EPA on May 31, 2011, for the Chattanooga Area 
and June 2, 2011, for the Macon Area, and were based on quality-assured 
and certified monitoring data for the 2007-2009 monitoring period. The 
Chattanooga Area is comprised of Hamilton County in Tennessee, Catoosa 
and Walker Counties in Georgia, and a portion of Jackson County in 
Alabama. The Macon Area is comprised of Bibb County in its entirety and 
a portion of Monroe County in Georgia. EPA is determining to find that 
both of the above-identified areas attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date. EPA is 
finalizing these actions because they are consistent with the Clean Air 
Act (CAA) and its implementing regulations.

DATES: Effective Date: This final rule is effective on October 11, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R04-OAR-2011-0408. 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:

I. What actions is EPA taking?
II. What is the effect of these actions?
III. What are EPA's final actions?
IV. Statutory and Executive Order Reviews

I. What actions 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 
Chattanooga and Macon Areas attained the 1997 annual PM2.5 
NAAQS by the applicable attainment date of April 5, 2010.
    On May 31, 2011, for the Chattanooga Area and June 2, 2011, for the 
Macon Area, EPA published two final rulemakings to make determinations 
of attainment to suspend the requirements for the Chattanooga and Macon 
Areas to submit attainment demonstrations and associated reasonably 
available control measures (RACM), reasonable further progress (RFP) 
plans, contingency measures, and other planning State Implementation 
Plan (SIP) revisions related to attainment of the 1997 annual 
PM2.5 NAAQS so long as the Areas continue to attain the 1997 
annual PM2.5 NAAQS. See 76 FR 31239 for the final rulemaking 
related to the Chattanooga Area; see 76 FR 31858 for the final 
rulemaking related to the Macon Area. Those final rulemakings also 
include useful background information on the PM2.5 NAAQS 
relevant to the Chattanooga and Macon Areas. Today's actions make 
determinations that the Chattanooga and Macon Areas attained the1997 
annual PM2.5 NAAQS by the applicable attainment date of 
April 5, 2010. Today's actions are simply focused on the date by which 
the areas had attaining data.
    Other specific requirements of the determinations and the rationale 
for EPA's actions are explained in the notice of proposed rulemaking 
(NPR) published on June 2, 2011 (76 FR 31900). The comment period 
closed on July 5, 2011. No comments were received in response to the 
NPR.

II. What is the effect of these actions?

    Today's actions are determinations that the Chattanooga and Macon 
Areas attained the 1997 annual PM2.5 NAAQS by the applicable 
attainment date of April 5, 2010, consistent with CAA section 
179(c)(1). Finalizing these actions does not constitute a redesignation 
of either the Chattanooga or Macon Areas to attainment of the 1997 
annual PM2.5 NAAQS under section 107(d)(3) of the CAA. 
Further, finalizing these actions does not involve approving 
maintenance plans for either the Chattanooga or Macon Areas as required 
under section 175A of the CAA, nor would it find that the Chattanooga 
or Macon Areas have met all other requirements for redesignation. The 
designation status of the Chattanooga and Macon Areas remains 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA determines that the individual area meets the CAA 
requirements for redesignation to attainment and takes action to 
redesignate the individual area.

III. What are EPA's final actions?

    EPA is determining, based on quality-assured and certified 
monitoring data for the 2007-2009 monitoring period, that the 
Chattanooga and the Macon Areas attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. 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

    These actions make determinations of attainment based on air 
quality, and would not impose additional requirements beyond those 
imposed by state law. For that reason, these actions:
     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 55775]]

     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 an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action 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 1997 PM2.5 determinations of 
attainment by applicable attainment date for the Chattanooga and Macon 
Areas 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.
    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. These actions 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: 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 B--Alabama

0
2. Section 52.64 is added to read as follows:


Sec.  52.64  Determination of attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee 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 Chattanooga, Alabama-Georgia-Tennessee 
PM2.5 nonattainment area is not subject to the consequences 
of failing to attain pursuant to section 179(d).

Subpart L--Georgia

0
3. Section 52.577 is added to read as follows:


Sec.  52.577  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 Chattanooga, Alabama-Georgia-
Tennessee 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 Chattanooga, Alabama-Georgia-Tennessee 
PM2.5 nonattainment area is not subject to the consequences 
of failing to attain pursuant to section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Macon, Georgia 
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 Macon, Georgia PM2.5 nonattainment Area 
is not subject to the consequences of failing to attain pursuant to 
section 179(d).

Subpart RR--Tennessee

0
4. Section 52.2232 is added to read as follows:


Sec.  52.2232  Determination of attainment.

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

[FR Doc. 2011-22831 Filed 9-7-11; 8:45 am]
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