12302 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information: Do not file proprietary or 

confidential business information in the 

docket. Such information must be sent 

or delivered directly to the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document, and marked as proprietary or 

confidential. If submitting information 

on a disk or CD ROM, mark the outside 

of the disk or CD ROM, and identify 

electronically within the disk or CD 

ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), when the 

FAA is aware of proprietary information 

filed with a comment, the agency does 

not place it in the docket. It is held in 

a separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue, SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

Issued in Washington, DC, on March 3, 

2011. 

Michael J. O’Donnell, 

Director, Office of Airport Safety and 

Standards. 

[FR Doc. 2011–5187 Filed 3–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR part 52 

[EPA–R05–OAR–2010–0034; FRL–9276–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Missouri; Saint Louis Nonattainment 

Area; Determination of Attainment of 

the Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Saint Louis PM2.5

nonattainment area in Illinois and 

Missouri has attained the 1997 annual 

fine particle (PM2.5) National Ambient 

Air Quality Standard (NAAQS). This 

proposed determination of attainment is 

based upon complete, quality assured, 

quality controlled, and certified ambient 

air monitoring data, from the 2007–2009 

monitoring period, which show that the 

Saint Louis area has monitored 

attainment of the 1997 annual PM2.5

NAAQS. EPA also evaluated incomplete 

data from this period from other 

monitors in the area, as well as 

preliminary data available to date for 

2010. EPA believes these data support 

the determination that the area has 

attained the 1997 annual PM2.5 NAAQS. 

If this proposed determination is made 

final, the requirements for this area to 

submit an attainment demonstration, 

associated reasonably available control 

measures (RACM) to include reasonably 

available control technology (RACT), a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) revisions related to attainment of 

the 1997 annual PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

EPA’s determination that this area has 

attained the 1997 annual PM2.5 NAAQS 

is not equivalent to redesignating the 

area to attainment. This action does not 

constitute a redesignation to attainment 

under section 107(d)(3) of the Clean Air 

Act (CAA) because the States of 

Missouri and Illinois have not yet 

submitted, and EPA has not yet 

approved, a maintenance plan for the 

area as required under that section and 

section 175A of the Act, nor has EPA 

promulgated a determination that the 

area has met other requirements for 

redesignation. The designation status of 

the area will remain nonattainment for 

the 1997 annual PM2.5 NAAQS until 

such time as EPA determines that this 

area meets the CAA requirements for 

redesignation to attainment. 

DATES: Comments must be received on 

or before April 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0034, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0034. 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 

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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 

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 

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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Matt Rau, Environmental 

Engineer, at (312) 886–6524 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

You may also contact Tracey Casburn, 

Air Planning and Development Branch, 

Environmental Protection Agency, 

Region 7, 901 North Fifth Street, Kansas 

City, Kansas 66101, (913) 551–7016, 

casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA proposing? 

II. What is the background of this action? 

III. What is EPA’s analysis of the relevant air 

quality data? 

IV. What are the effects of this action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA proposing? 

The EPA is proposing to determine 

that the Saint Louis PM2.5

nonattainment area in the States of 

Missouri and Illinois has attained the 

1997 annual PM2.5 NAAQS. The 

proposed determination is based upon 

complete, quality assured, quality 

controlled, and certified ambient air 

monitoring data from the 2007–2009 

monitoring period which show that the 

Saint Louis area has monitored 

attainment of the 1997 annual PM2.5

NAAQS. Additional data from area 

monitors with incomplete data for this 

period (due for example to monitor 

closure) and also uncertified data 

available to date for 2010 support this 

determination. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established a health-based PM2.5

NAAQS at 15.0 micrograms per cubic 

meter (μg/m3) based on a 3-year average 

of annual mean PM2.5 concentrations, 

and a 24-hour standard of 65 μg/m3

based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 

EPA established the standards based 

on significant evidence and numerous 

health studies demonstrating that 

serious health effects are associated 

with exposures to particulate matter. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d)(1) of the CAA, 42 U.S.C. 

7406(d)(1). EPA and State air quality 

agencies generally initiated the 

monitoring process for the 1997 PM2.5

NAAQS in 1999, and implemented a 

full network of air quality monitors by 

January 2001. 

On January 5, 2005, in the Federal 

Register (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. EPA 

designated 39 areas as nonattainment 

for the 1997 annual PM2.5 NAAQS 

including the bi-state Saint Louis area 

(see 40 CFR part 81). These designations 

became effective on April 5, 2005. The 

Missouri portion of the Saint Louis 

PM2.5 nonattainment area includes the 

counties of Franklin, Jefferson, Saint 

Charles, Saint Louis, and the City of 

Saint Louis. The Illinois portion of the 

Saint Louis PM2.5 nonattainment area 

includes the counties of Madison, 

Monroe, Randolph (Baldwin Township 

only) and Saint Clair. See 40 CFR 81.314 

(Illinois) and 40 CFR 81.326 (Missouri). 

In 2006, after thorough review of the 

1997 PM standards, EPA retained the 

1997 PM2.5 NAAQS at 15.0 μg/m3 based 

on a 3-year average of annual mean 

PM2.5 concentrations, and promulgated 

a 24-hour standard of 35 μg/m3 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 Saint Louis area as 

attaining 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 Saint Louis area remained 

designated nonattainment for the 1997 

annual PM2.5 standard, but was 

attainment for the 1997 24-hour 

standard. Thus today’s action does not 

address attainment of either the 1997 or 

the 2006 24-hour standards. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this standard to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). EPA 

notes, however, that since 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), the 

EPA promulgated its PM2.5

implementation rule, codified at 40 CFR 

part 51, subpart Z, in which the EPA 

provided guidance for state and tribal 

plans to implement the 1997 annual 

PM2.5 NAAQS. This rule, at 40 CFR 

51.1004(c), establishes certain 

regulatory consequences of a 

determination of attainment of the 

standard. 

III. What is EPA’s analysis of the 

relevant air quality data? 

Today’s rulemaking assesses whether 

the Saint Louis area is attaining the 

1997 annual PM2.5 standard. Under 

EPA’s regulations at 40 CFR 50.7, the 

annual primary and secondary PM2.5

standards are met when the annual 

arithmetic mean concentration, as 

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determined in accordance with 40 CFR 

part 50, Appendix N, is less than or 

equal to 15.0 μg/m3 at all relevant 

monitoring sites in the area. 

The EPA has reviewed the ambient air 

quality monitoring data in the Saint 

Louis area for PM2.5, consistent with the 

requirements contained at 40 CFR part 

50. EPA’s review focused on data 

recorded in the EPA Air Quality System 

(AQS) database for the Saint Louis PM2.5

nonattainment area from 2007 to 2009, 

and supplementally considered data 

recorded before and after that period. 

Table 1 shows the 2007 to 2009 

design values (i.e., the 3-year average of 

annual mean PM2.5 concentrations) for 

the 1997 annual PM2.5 NAAQs for the 

Saint Louis PM2.5 nonattainment area 

monitors with complete data for that 

period. All data values are expressed in 

micrograms per meter cubed. 

TABLE 1—ANNUAL PM2.5 DESIGN VALUES FOR SAINT LOUIS AREA MONITORS WITH COMPLETE DATA FOR 2007 TO 2009 

State County Monitor Monitoring site name Annual design value 

2007–2009 

IL ....................... Madison ........................................ 17–119–1007 23rd and Madison ......................... 14.1 

17–119–2009 1700 Annex St .............................. 12.5 

17–119–3007 54 N. Walcott ................................ 12.5 

Randolph ...................................... 17–157–0001 ....................................................... 11.4 

Saint Clair ..................................... 17–163–0010 13th and Tudor ............................. 13.3 

17–163–4001 1500 Caseyville Ave ..................... 12.5 

MO ..................... City of Saint Louis ........................ 29–510–0007 Broadway ...................................... 12.8 

29–510–0085 Blair Street .................................... 12.7 

As Table 1 shows, there were eight 

monitoring sites with complete data for 

2007 to 2009. Data are considered to be 

sufficient for comparison to the NAAQS 

if three consecutive complete years of 

data exist. A complete year of air quality 

data comprises four calendar quarters, 

with each quarter containing data from 

at least 75% of the scheduled sampling 

days. These eight monitoring sites with 

complete data provide an adequate basis 

for EPA to determine whether the area 

has attained the NAAQS. See 40 CFR 

part 58, Appendix D for network design 

criteria. 

The EPA concludes that the Saint 

Louis area has attained the 1997 annual 

PM2.5 NAAQS based on its evaluation of 

complete quality assured data from the 

relevant monitoring sites for the 2007– 

2009 monitoring period. 

Incomplete data from additional 

monitoring sites in the area also support 

EPA’s determination that area attains 

the 1997 annual PM2.5 NAAQS. A 

number of additional monitors have 

recorded data that are not considered as 

complete for the three-year 2007–2009 

monitoring period. Pertinent data from 

these sites are shown in Table 2. As 

shown in this table, although several of 

these sites shut down recently, the most 

recent three years of complete data at all 

of these sites showed the area to be 

attaining the standard, a conclusion that 

is supported by the data that are 

available, though not complete for 2007 

to 2009. Table 2 includes sites that 

started operation only recently; these 

sites did not have a complete set of data 

for 2007–2009, but the available data 

from that period add support to the 

conclusion that the area is attaining the 

standard. 

TABLE 2—PM2.5 DESIGN VALUES FOR SAINT LOUIS AREA SITES WITH INCOMPLETE DATA IN 2007 TO 2009 

State County Monitor 

Average 

value 2007– 

2009 

Years of 

operation 

Most recent complete 

design value 

Value Years 

IL ....................... Madison ........................................ 17–119–0024 13.6 7/07–present ..... None ....................

MO .................... Jefferson ....................................... 29–099–0012 12.9 1/99–2/08 .......... 13.9 2005–2007 

29–099–0019 11.1 3/08–present ..... None ....................

MO .................... Saint Charles ................................ 29–183–1002 12.7 1/99–2/08 .......... 13.3 2005–2007 

MO .................... Saint Louis .................................... 29–189–0015 12.6 9/08–3/09 .......... 12.2 2006–2008 

29–189–2003 12.1 1/98–6/09 .......... 12.3 2006–2008 

29–189–3001 11.1 7/09–present ..... None ....................

Saint Louis City ............................ 29–510–0086 13.1 1/99–6/07 .......... 13.3 2004–2006 

29–510–0087 12.8 11/99–4/09 ........ 13.6 2006–2008 

Data handling conventions and 

computations necessary for determining 

whether areas have met the PM2.5

NAAQS, including requirements for 

data completeness, are listed in 

Appendix N of 40 CFR part 50. The use 

of less than complete data is subject to 

the approval of the EPA, which may 

consider factors such as monitoring site 

closures/moves, monitoring diligence 

and nearby concentrations in 

determining whether to use such data as 

set forth at 40 CFR part 50, Appendix N 

section 4.1(c). The monitors listed in 

Table 2 do not have complete data for 

the 2007–2009 monitoring period. 

However, the historical certified data 

recorded at the monitors that were 

discontinued during this period and 

recent certified data recorded at 

monitors that started operation during 

the period provide additional support 

for EPA’s proposed determination that 

the Saint Louis area has attained the 

1997 annual PM2.5 NAAQS. EPA is also 

approving the use of these data for 

consideration in this determination 

because it finds that Missouri and 

Illinois have exercised diligence in 

monitoring in the Saint Louis area, and 

have worked cooperatively with EPA in 

evaluating and seeking approval for 

monitor closures and moves. A 

discussion of each of the monitors with 

incomplete data for the 2007–2009 

period is available in a technical 

support document, which is part of the 

docket of this proposed rulemaking. 

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The EPA also has considered 

additional monitoring data for 2010 that 

have been submitted by the states and 

are in EPA’s AQS. Data for the entire 

2010 calendar year are not yet certified, 

so EPA cannot consider these data yet 

as it evaluates the annual average 

concentrations. Nevertheless, EPA 

examined 2010 data available to date as 

an indication of whether the area 

continues to attain the standard. EPA 

believes that these data support the 

determination that the Saint Louis area 

continues to attain the PM2.5 annual 

NAAQS. 

The EPA’s review of these data 

(monitoring data from the 2007–2009 

monitoring period and preliminary 2010 

data available to date) supports EPA’s 

determination that the Saint Louis PM2.5

nonattainment area has met and 

continues to meet the 1997 annual PM2.5

NAAQS. EPA is soliciting comment on 

the issues discussed in this document. 

These comments will be considered 

before EPA takes final action. 

IV. What are the effects of this action? 

If this proposed determination is 

made final, under the provisions of the 

PM2.5 Implementation Rule (40 CFR 

51.1004(c)) the requirements for the 

Saint Louis PM2.5 nonattainment area to 

submit attainment demonstration, 

RACM (including RACT), a reasonable 

further progress plan, contingency 

measures, and other planning SIPs 

revisions related to attainment of the 

1997 annual PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

As discussed further, the proposed 

determination of attainment for the 

Saint Louis PM2.5 nonattainment area 

would, if finalized: (1) Suspend the 

States’ obligation for Missouri and 

Illinois to submit the requirements 

listed above; (2) continue such 

suspension until such time, if any, that 

EPA subsequently determines that any 

monitor in the area has violated the 

1997 annual PM2.5 NAAQS; and (3) be 

separate from, and not influence or 

otherwise affect, any future designation 

determination or requirements for the 

Saint Louis PM2.5 nonattainment areas 

based on the 2006 PM2.5 NAAQS or 

future PM2.5 NAAQ revision. 

If this rulemaking 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, set forth at 40 

CFR section 51.1004(c), would no longer 

exist, and the States of Missouri and 

Illinois would thereafter have to address 

the pertinent requirements. 

This proposed approval is limited to 

a determination that the air quality data 

show that the Saint Louis PM2.5

nonattainment area has monitored 

attainment of the 1997 annual PM2.5

NAAQS; it is not equivalent to the 

redesignation of the Saint Louis PM2.5

nonattainment area to attainment of the 

1997 annual PM2.5 NAAQS. This 

proposed action, if finalized, would not 

constitute a redesignation to attainment 

under section 107(d)(3) of the Clean Air 

Act (CAA) because the EPA would not 

have yet approved a maintenance plan 

for the area as required under CAA 

section 175A, nor a determination that 

the Saint Louis PM2.5 nonattainment 

area has met the other requirements for 

redesignation under the CAA. The 

designation status of the Missouri and 

Illinois portions of the Saint Louis PM2.5

nonattainment area will remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as the 

EPA takes final rulemaking action to 

determine that such portions meet the 

CAA requirements for redesignation to 

attainment. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data 

and would, if finalized, result in the 

suspension of certain Federal 

requirements and would not impose any 

additional requirements. For that 

reason, this proposed 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 

.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 

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 Clean Air Act; 

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 rule 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter. 

Dated: February 9, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

Dated: February 22, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–5048 Filed 3–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0846; FRL–9275–9] 

Extension of Public Comment Period 

for Proposed Action on Interstate 

Transport of Pollution Affecting 

Visibility and Best Available Retrofit 

Technology Determination for New 

Mexico 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On January 5, 2011, EPA 

published in the Federal Register a 

proposed rule on interstate transport of 

pollution affecting visibility and Best 

Available Retrofit Technology (BART) 

determination for New Mexico and 

requested comment by March 7, 2011. 

EPA is extending the public comment 

period for the proposed rule until April 

4, 2011. 

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