Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 31239 

Federal requirements, and does not 

impose additional requirements beyond 

those imposed by State law. 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 (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 determination that 

the Pittsburgh Area has attained the 

1997 8-hour ozone NAAQS 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 these actions 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 1, 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 

determination that the Pittsburgh Area 

has attained the1997 8-hour ozone 

NAAQS 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, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: May 23, 2011, 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2037, paragraph (q) is added 

to read as follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(q) Determination of attainment—In 

accordance with 40 CFR 51.918, EPA 

has determined that Pittsburgh-Beaver 

Valley 8-hour ozone nonattainment area 

has attained the 1997 8-hour ozone 

standard and that certain requirements 

of section 172(c) of the Clean Air Act are 

suspended as long as the nonattainment 

area continues to meet the 1997 8-hour 

ozone NAAQS. This determination is 

based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007 to 2009 monitoring 

period. Complete, quality-assured air 

monitoring data for 2010 are consistent 

with continued attainment. This 

determination suspends the obligation 

of the Commonwealth of Pennsylvania 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning 

requirements related to attainment of 

the 1997 8-hour ozone NAAQS for the 

Pittsburgh Area for as long as the area 

continues to meet the 1997 8-hour 

ozone NAAQS. If a violation of the1997 

8-hour ozone NAAQS is monitored in 

the Pittsburgh-Beaver Valley 8-hour 

ozone nonattainment area, this 

determination shall no longer apply. 

[FR Doc. 2011–13275 Filed 5–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0084–201135; FRL– 

9312–5] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama, Georgia, 

and Tennessee: Chattanooga; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA has determined that the 

Chattanooga, Tennessee-Georgia, fine 

particulate (PM2.5) nonattainment area 

(hereafter referred to as ‘‘the 

Chattanooga Area’’ or ‘‘Area’’) has 

attained the 1997 annual average PM2.5

National Ambient Air Quality Standard 

(NAAQS). The Chattanooga Area is 

comprised of Hamilton County in 

Tennessee, Catoosa and Walker 

Counties in Georgia, and a portion of 

Jackson County in Alabama. This 

determination of attainment is 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 


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31240 Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 

suspended so long as the Area continues 

to attain the 1997 annual PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on June 30, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2011–0084. 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 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061 

or via electronic mail at 

waterson.sara@epa.gov. 

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 

Chattanooga Area (comprised Hamilton 

County in Tennessee, Catoosa and 

Walker Counties in Georgia, and a 

portion of Jackson County in Alabama) 

has attaining data for 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. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on March 22, 2011 (76 FR 

15895). For summary purposes, a 

monitor in Rossville did not meet data 

completeness requirements for 2007 due 

to monitor shut-down. Data substitution 

was used to determine the attainment 

status of the Rossville site. The Georgia 

Environmental Protection Division (GA 

EPD) developed a weight-of-evidence 

approach for an alternative method of 

data substitution. EPA determined that 

GA EPD successfully demonstrated a 

strong correlation between the PM2.5

data from the Rossville site and two 

other sites in the Area. The annual 

design value for 2007–2009 for the 

Chattanooga Area is 12.7 μg/m3, at the 

Siskin Drive site (47–065–4002). The 

comment period closed on April 21, 

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 

Chattanooga Area to attainment for the 

1997 annual PM2.5 NAAQS 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. 

III. What is EPA’s final action? 

EPA is determining that the 

Chattanooga Area has attaining data for 

the 1997 annual PM2.5 NAAQS. This 

determination is 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. This final 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. EPA is taking this 

final action because it is in accordance 

with the CAA and EPA policy and 

guidance. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination 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 Chattanooga 

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 


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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 31241 

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 August 1, 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: May 19, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart B—Alabama 

■ 2. Section 52.62 is amended by adding 

paragraph (b) to read as follows: 

§ 52.62 Control strategy: Sulfur oxides and 

particulate matter. 

* * * * * 

(b) Determination of Attaining Data. 

EPA has determined, as of May 31, 

2011, the Chattanooga, Tennessee, 

nonattainment area has attaining data 

for 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 L—Georgia 

■ 3. Section 52.578 is amended by 

adding paragraph (b) to read as follows: 

§ 52.578 Control Strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(b) Determination of Attaining Data. 

EPA has determined, as of May 31, 

2011, the Chattanooga, Tennessee, 

nonattainment area has attaining data 

for 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 RR—Tennessee 

■ 4. Section 52.2231 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2231 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(c) Determination of Attaining Data. 

EPA has determined, as of May 31, 

2011, the Chattanooga, Tennessee, 

nonattainment area has attaining data 

for 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. 

[FR Doc. 2011–13269 Filed 5–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[A–1–FRL–9310–9] 

Prevention of Significant Deterioration 

(PSD) Program; Massachusetts; 

Announcing Delegation Agreement 

Between EPA and Massachusetts 

Department of Environmental 

Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of delegation 

agreement. 

SUMMARY: This document announces 

that effective April 11, 2011, EPA 

Region 1 has signed an agreement with 

the Massachusetts Department of 

Environmental Protection (MassDEP) 

delegating authority to implement and 

enforce the Federal Prevention of 

Significant Deterioration (PSD) program 

to the MassDEP. Therefore, effective that 

date, MassDEP is the implementing 

authority for the PSD program in 

Massachusetts. This document explains 

the consequences of this change for 

owners and operators of sources that 

have PSD permits or that will need such 

permits in the future. 

DATES: Effective Date: EPA’s PSD 

program delegation agreement with the 

MassDEP is effective on April 11, 2011. 

ADDRESSES: The Delegation Agreement 

is available either electronically through 

http://www.epa.gov/NE/communities/ 

nseemissions.html or in hard copy at the 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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 legal holidays. 

Copies of the Delegation Agreement 

are also available for public inspection 

during normal business hours, by 

appointment at the Division of Air 

Quality Control, Department of 

Environmental Protection, One Winter 

Street, 8th Floor, Boston, MA. 

FOR FURTHER INFORMATION CONTACT: 

Brendan McCahill, EPA Region 1, (617) 

918–1652, or send an e-mail to 

mccahill.brendan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background: On June 30, 1982 EPA 

delegated authority to implement the 

Federal PSD program in 40 CFR 52.21 

to the MassDEP. On December 31, 2002, 

EPA published in the Federal Register 

revisions to the Federal PSD regulations 

(67 FR 80186). A final rule revising the 

Federal portions of implementation 

plans in 40 CFR part 52 to include the 

revisions to the Federal PSD regulations 

was published in the Federal Register 

on March 10, 2003. Both of these actions 

were effective on March 3, 2003. 

On February 27, 2003, the MassDEP 

notified the Regional Administrator of 

EPA Region 1 that the MassDEP would 

not accept authority for the 


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