Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 33647 

Event name Location Latitude Longitude Radius 

Bainbridge Island Fireworks .......................................................... Eagle Harbor ............................. 47°37.267′ N 122°31.583′ W 300 

City of Anacortes Fireworks .......................................................... Fidalgo Bay ............................... 47°17.1′ N 122°28.4′ W 350 

Roche Harbor Fireworks ............................................................... Roche Harbor ............................ 48°36.7′ N 123°09.5′ W 150 

Blast Over Bellingham ................................................................... Bellingham Bay ......................... 48°44.933′ N 122°29.667′ W 450 

Port Orchard Fireworks ................................................................. Port Orchard ............................. 47°32.883′ N 122°37.917′ W 350 

Steilacoom Annual Fireworks ........................................................ Steilacoom ................................ 47°10.4′ N 122°36.2′ W 450 

Fireworks Display .......................................................................... Henderson Bay ......................... 47°21.8′ N 122°38.367′ W 250 

Chase Family Fourth at Lake Union ............................................. Lake Union ................................ 47°38.418′ N 122°20.111′ W 300 

Friday Harbor Independence ......................................................... Friday Harbor ............................ 48°32.6′ N 122°00.467′ W 250 

Port Townsend Sunrise Rotary ..................................................... Port Townsend .......................... 48°08.067′ N 122°46.467′ W 200 

Orcas Island .................................................................................. Orcas Island .............................. 48°41.317′ N 122°54.467′ W 250 

The following safety zone will be 

enforced from 5 p.m. on July 09, 2011 

through 1 a.m. on July 10, 2011: 

Event name Location Latitude Longitude Radius 

Mercer Island Celebration ............................................................. Mercer Island ............................ 47°35.517′ N 122°13.233′ W 450 

The following safety zone will be 

enforced from 5 p.m. on July 29, 2011 

through 1 a.m. on July 30, 2011: 

Event name Location Latitude Longitude Radius 

Whaling Days ................................................................................... Dyes Inlet ................................... 47°38.65′ N 122°41.35′ W 450 

The following safety zone will be 

enforced from 5 p.m. on August 13, 

2011 through 1 a.m. on August 14, 2011: 

Event name Location Latitude Longitude Radius 

Medina Days .................................................................................... Medina Park ............................... 47°36.867′ N 122°14.5′ W 300 

The special requirements listed in 33 

CFR 165.1332, which can be found in 

the Federal Register (75 FR 33698) 

published on June 15, 2010, apply to the 

activation and enforcement of these 

safety zones. 

All vessel operators who desire to 

enter the safety zone must obtain 

permission from the Captain of the Port 

or Designated Representative by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16 or the 

Coast Guard Sector Puget Sound Joint 

Harbor Operations Center (JHOC) via 

telephone at (206) 217–6002. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.1332 and 33 CFR 165 and 

5 U.S.C. 552(a). In addition to this 

notice, the Coast Guard will provide the 

maritime community with extensive 

advanced notification of the safety 

zones via the Local Notice to Mariners 

and marine information broadcasts on 

the day of the events. 

Dated: May 20, 2011. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2011–14330 Filed 6–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0416; FRL–9317–4] 

Approval and Promulgation of 

Determination of Attainment for the 

1997 8-Hour Ozone Standard: States of 

Missouri and Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the St. Louis (MO–IL) 

metropolitan nonattainment area has 

attained the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. The St. Louis metropolitan 

ozone nonattainment area includes the 

counties of Franklin, Jefferson, St. 

Charles, and St. Louis as well as St. 

Louis City in Missouri; and the counties 

of Madison, Monroe, St. Clair, and 

Jersey in Illinois. This final 

determination is based on three years of 

complete, quality assured ambient air 

quality monitoring data for Missouri 

and Illinois for the 2008 through 2010 

ozone seasons showing attainment of 

the NAAQS at all ozone monitoring 

sites in the nonattainment area. Based 

on this final determination, the 

obligation to submit certain ozone 

attainment demonstration requirements, 

along with other requirements related to 

the attainment of the 1997 8-hour ozone 

standard are suspended. 

DATES: This rule is effective on July 11, 

2011. 

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33648 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2010–0416. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., 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 at the Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. The Regional 

Office’s official hours of business are 

Monday through Friday, 8 to 4:30 

excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: In 

Region 7 contact Lachala Kemp, Air 

Planning and Development Branch, 901 

N. 5th Street, Kansas City, Kansas 66101 

at 913–551–7214, or by e-mail at 

kemp.lachala@epa.gov. In Region 5 

contact Edward Doty, Attainment 

Planning and Maintenance Section, Air 

Programs Branch (AR–18J), 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057 or by e-mail at 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 

additional information by addressing 

the following questions: 

Table of Contents 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. EPA’s Determination of Attainment 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the St. Louis (MO-IL) metropolitan 

1997 8-hour ozone nonattainment area 

has attained the 1997 8-hour ozone 

NAAQS. EPA published in the Federal 

Register its proposed determination for 

the St. Louis (MO-IL) metropolitan 

nonattainment area on February 28, 

2011 (76 FR 10815). A detailed 

discussion of the rationale for the 

determination, and the effect of the 

determination, was included in the 

proposal. EPA received no comments on 

the proposed rule. EPA’s determination 

is based upon the most recent three 

years of complete, quality assured 

ambient air monitoring data for 

Missouri and Illinois showing that the 

area has attained the NAAQS during the 

2008–2010 monitoring period. 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075 ppm. On 

January 6, 2010, EPA again addressed 

this 2008 revised standard and proposed 

to set the primary 8-hour ozone 

standard within the range of 0.060 to 

0.070 ppm, rather than at 0.075 ppm. 

EPA is working to complete 

reconsideration of the standard and 

thereafter will proceed with 

designations. Today’s rulemaking 

relates only to a final determination of 

attainment for the 1997 8-hour ozone 

standard and is not affected by the 

ongoing process of reconsidering the 

revised 2008 standard. 

The monitors and design values are 

displayed in Table 1. The table 

summarizes the annual fourth-high 

daily maximum 8-hour ozone 

concentrations and their 3-year (2008– 

2010) averages for all monitors in the St. 

Louis (MO-IL) metropolitan 

nonattainment area. These data reflect 

peak ozone concentrations quality 

assured and reported by the States of 

Illinois and Missouri. 

TABLE 1—ANNUAL FOURTH-HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3 YEAR AVERAGES IN ppm 

FOR THE ST. LOUIS (MO-IL) AREA

State County Monitor 2008 4th high 

(ppm) 

2009 4th high 

(ppm) 

2010 4th high 

(ppm) 

2008–2010 average 

(ppm) 

Illinois ........... Jersey .................................. Jerseyville ............................

17–083–1001 

0.069 0.068 0.072 0.069 

Madison ............................... Alton ....................................

17–119–0008 

0.068 0.067 0.080 0.071 

Maryville ..............................

17–119–1009 

0.070 0.074 0.074 0.072 

Wood River .........................

17–119–3007 

0.067 0.066 0.070 0.067 

St. Clair ............................... East St. Louis ......................

17–163–0010 

0.064 0.069 0.072 0.068 

Missouri ........ Jefferson .............................. Arnold West .........................

29–099–00019 

0.70 0.070 0.077 0.072 

St. Charles .......................... Orchard Farm ......................

29–183–1004 

0.072 0.073 0.077 0.074 

West Alton ...........................

29–183–1002 

0.076 0.071 0.084 0.077 

St. Louis .............................. Maryland Heights ................

29–189–0014 

0.069 0.070 0.076 0.071 

Pacific ..................................

29–189–0005 

0.064 0.064 0.069 0.065 

St. Louis City ....................... Blair Street ..........................

29–510–0085 

0.073 0.065 0.071 0.069 

Review of the 2008–2010 ozone 

monitoring data in the nonattainment 

area shows that all sites were attaining 

the 1997 8-hour ozone NAAQS during 

this period. Therefore, based on the 

most recent three years of complete, 

quality assured ozone monitoring data, 

EPA is determining that the 1997 8-hour 

ozone standard has been attained in the 

St. Louis (MO-IL) metropolitan ozone 

nonattainment area. 

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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 33649 

II. What is the effect of this action? 

EPA is taking final action to 

determine that the St. Louis 

metropolitan 8-hour ozone 

nonattainment area consisting of both 

the Missouri and Illinois portions of the 

area has attained the 1997 8-hour ozone 

standard. As provided in 40 CFR 51.918, 

based on this determination, certain 

attainment demonstration requirements 

and associated reasonably available 

control measures, reasonable further 

progress plans, contingency measures, 

and other planning SIP requirements 

related to attainment of the 8-hour 

ozone NAAQS shall be suspended as to 

the St. Louis nonattainment area. Under 

40 CFR 51.918, a final determination 

that the area has met the 1997 8-hour 

ozone standard suspends the state’s 

obligation to submit requirements 

related to attainment, for so long as the 

area continues to attain the standard. 

This action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because Missouri and 

Illinois do not have approved 

maintenance plans as required under 

section 175A of the CAA, nor has EPA 

made a determination that the area has 

met the other requirements for 

redesignation. The ozone classification 

and designation status of the area 

remains moderate nonattainment for the 

1997 8-hour ozone NAAQS until such 

time as a redesignation request and 

maintenance plan are submitted to EPA 

and EPA determines that it meets the 

CAA requirements for redesignation to 

attainment. 

If EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 1997 8-hour ozone 

standard, the basis for the suspension of 

these requirements would no longer 

exist, and the area would thereafter have 

to address the pertinent requirements. 

III. EPA’s Determination of Attainment 

EPA is taking final action to 

determine that the St. Louis (MO-IL) 

metropolitan 1997 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard based on 

three years of complete, quality assured 

ambient air quality monitoring data for 

Missouri and Illinois for the 2008–2010 

ozone seasons. As provided in 40 CFR 

51.918, based on this determination, the 

requirements for Missouri and Illinois to 

submit an attainment demonstration 

and associated reasonably available 

control measures, a reasonable further 

progress plan, and contingency 

measures under section 172(c)(9), and 

any other planning SIP related to 

attainment of the 1997 8-hour ozone 

NAAQS for the St. Louis Metropolitan 

area would be suspended. This 

suspension of requirements would be 

effective as long as the area continues to 

attain the 1997 8-hour ozone standard. 

This action addresses only the 1997 

8-hour ozone standard of 0.08 ppm, and 

does not address any subsequent 

revisions to the standard. 

IV. Statutory and Executive Order 

Reviews 

This final determination of attainment 

is based on air quality data and would 

result in the suspension of certain 

Federal Requirements. Accordingly, this 

action does not impose additional 

requirements beyond those imposed by 

state law. Therefore this final 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 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 8-hour ozone clean 

NAAQS data final determination for the 

St. Louis (MO-IL) metropolitan 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. 

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 8, 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).) 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 24, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

Dated: June 1, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

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 O—Illinois 

* * * * * 

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33650 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 

1On March 8, 2011, EPA proposed to approve the 

Oregon interstate transport SIP provisions 

addressing interference with any other state’s 

required measures to protect visibility. See 76 FR 

12651 (March 8, 2011). 

■ 2. Section 52.726 is amended by 

adding paragraph (jj) to read as follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(jj) Determination of Attainment. EPA 

has determined, as of June 9, 2011, that 

the St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. 

Subpart AA—Missouri 

2. Section 52.1342 is added to subpart 

AA to read as follows: 

§ 52.1342 Control strategy: Ozone. 

Determination of Attainment. EPA has 

determined, as of June 9, 2011, that the 

St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. 

[FR Doc. 2011–14296 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0003; FRL–9316–9] 

Approval and Promulgation of 

Implementation Plans; Oregon; 

Interstate Transport of Pollution; 

Significant Contribution to 

Nonattainment and Interference With 

Maintenance Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a portion of 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Oregon for the purpose of addressing 

certain provisions of the interstate 

transport provisions of Clean Air Act 

(CAA) section 110(a)(2)(D)(i)(I) for the 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS or 

standards) and the 1997 fine particulate 

matter (PM2.5) NAAQS. Section 

110(a)(2)(D)(i) of the CAA requires that 

each State have adequate provisions to 

prohibit air emissions from adversely 

affecting air quality in other States 

through interstate transport. EPA is 

taking final action to approve Oregon’s 

SIP revision for the 1997 8-hour ozone 

NAAQS and 1997 PM2.5 NAAQS as 

meeting the requirements of CAA 

section 110(a)(2)(D)(i)(I) to prohibit 

emissions that will contribute 

significantly to nonattainment of the 

these standards in any other State and 

to prohibit emissions that will interfere 

with maintenance of these standards by 

any other State. 

DATES: Effective Date: This action is 

effective on July 11, 2011. 

ADDRESSES: Copies of the State’s SIP 

revision and other information 

supporting this action are available for 

inspection at EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101, or at (206) 553–6706. 

SUPPLEMENTARY INFORMATION: 

Throughout this notice, the words ‘‘we’’, 

‘‘us’’, or ‘‘our’’ means the Environmental 

Protection Agency (EPA). 

Table of Contents 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Public Comments on the Proposed Action 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving a portion of 

Oregon’s Interstate Transport State 

Implementation Plan (SIP) revision for 

the 1997 8-hour ozone NAAQS and 

1997 PM2.5 NAAQS submitted by the 

Oregon Department of Environmental 

Quality (ODEQ) on June 23, 2010 and 

December 23, 2010. Specifically, we are 

approving the portion of the interstate 

transport SIP revision that addresses the 

following elements of CAA section 

110(a)(2)(D)(i): (1) Significant 

contribution to nonattainment of these 

NAAQS in any other state; and (2) 

interference with maintenance of these 

NAAQS by any other state. EPA will 

address element (3), interference with 

any other state’s required measures to 

prevent significant deterioration (PSD) 

of its air quality; and element (4), 

interference with any other state’s 

required measures to protect visibility 

in separate actions.1 This action does 

not address the requirements of the 

2006 PM2.5 NAAQS or the 2008 8-hour 

ozone NAAQS; those standards will be 

addressed in future actions. 

II. What is the background for this 

action? 

On July 18, 1997, EPA promulgated 

new standards for 8-hour ozone and fine 

particulate matter (PM2.5). Section 

110(a)(1) of the CAA requires states to 

submit SIPs to address a new or revised 

NAAQS within three years after 

promulgation of such standards, or 

within such shorter period as EPA may 

prescribe. Section 110(a)(2) lists the 

elements that such new SIPs must 

address, as applicable, including section 

110(a)(2)(D)(i) which pertains to 

interstate transport of certain emissions. 

On June 23, 2010, the State of Oregon 

submitted a SIP revision addressing the 

requirements of section 110(a)(2)(D)(i) 

for both the 1997 8-hour ozone NAAQS 

and 1997 PM2.5 NAAQS. In this 

rulemaking EPA is addressing the first 

two elements of section 110(a)(2)(D)(i): 

(1) Significant contribution to 

nonattainment of these NAAQS in any 

other state, and (2) interference with 

maintenance of these NAAQS by any 

other state. On April 7, 2011, EPA 

published a proposal to approve the 

portion of Oregon’s SIP submission that 

addresses these two elements. 76 FR 

19292. 

III. Public Comments on the Proposed 

Action 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published on 

April 7, 2011. 76 FR 19292. EPA 

received no comments on this proposed 

action. 

IV. Final Action 

EPA is approving the revisions to the 

Oregon SIP as discussed in our 

proposed action and concludes that for 

the 1997 8-hour ozone NAAQS and 

1997 PM2.5 NAAQS, air pollutant 

emissions from sources within Oregon 

do not either (1) significantly contribute 

to nonattainment of the NAAQS in any 

other state; or (2) interfere with 

maintenance of the NAAQS by any 

other state. 

As noted previously, EPA will 

address element (3) interference with 

any other state’s required measures to 

prevent significant deterioration of its 

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