32110 Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Proposed Rules 

wheelchair. We invite comment to 

facilitate our assessment of the potential 

impact of these initiatives on small 

entities. 

E. Paperwork Reduction Act 

This rule imposes no new information 

reporting or record keeping 

necessitating clearance by the Office of 

Management and Budget. 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this notice. 

Issued this 26th day of May 2011, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 382 

Air carriers, Civil rights, and 

Individuals with disabilities. 

For the reasons set forth in the 

preamble, the Department is proposing 

to amend 14 CFR part 382, as follows: 

PART 382—NONDISCRIMINATION ON 

THE BASIS OF DISABILITY IN AIR 

TRAVEL 

1. The authority citation for part 382 

continues to read as follows: 

Authority: 49 U.S.C. 41705. 

2. Section 382.67 is revised to read as 

follows: 

§ 382.67 What is the requirement for 

priority space in the cabin to store 

passengers’ wheelchairs? 

(a) As a carrier, you must ensure that 

there is a priority space (e.g., a closet or 

a row of seats where a wheelchair may 

be strapped using a strap kit approved 

by the Federal Aviation Administration 

or applicable foreign government) in the 

cabin of sufficient size to stow at least 

one typical adult-sized folding, 

collapsible, or break-down manual 

passenger wheelchair, the dimensions of 

which are 13 inches by 36 inches by 42 

inches or less without having to remove 

the wheels or otherwise disassemble it. 

This requirement applies to any aircraft 

with 100 or more passenger seats. 

(b) This space must be other than the 

overhead compartments and under-seat 

spaces routinely used for passengers’ 

carry-on items. 

(c) If passengers holding confirmed 

reservations are not able to travel on a 

flight because their seats are being used 

to stow a passenger’s wheelchair as 

required by paragraph (a) of this section, 

carriers must compensate those 

passengers in an amount to be 

calculated as provided for in instances 

of involuntary denied boarding under 

14 CFR part 250, where part 250 

applies. 

(d) As a carrier, you must never 

request or suggest that a passenger 

should not stow his or her wheelchair 

in the cabin to accommodate other 

passengers (e.g., informing a passenger 

that stowing a wheelchair in the cabin 

will require other passengers to be 

removed from the flight), or for any 

other non-safety related reason (e.g., 

easier for the carrier if the wheelchair is 

stowed in the cargo). 

(e) As a foreign carrier, you must meet 

the requirement of paragraph (a) of this 

section for new aircraft ordered after 

May 13, 2009, or delivered after May 13, 

2010. As a U.S. carrier, this requirement 

applies to you with respect to new 

aircraft you operate that were ordered 

after April 5, 1990, or which were 

delivered after April 5, 1992. 

§ 382.123 [Amended] 

3. Section 382.123(c) is removed. 

[FR Doc. 2011–13802 Filed 6–2–11; 8:45 am] 

BILLING CODE 4910–9X–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0719–201115; FRL– 

9314–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio, 

Kentucky, and Indiana; CincinnatiHamilton Nonattainment Area; 

Determination of Attainment of the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

determinations regarding the tri-state 

Cincinnati-Hamilton (Ohio, Kentucky, 

and Indiana) fine particulate matter 

(PM2.5) nonattainment area (hereafter 

referred to as ‘‘the Cincinnati Area’’ or 

‘‘the Area’’). First, EPA is proposing to 

determine that the Area has attained the 

1997 annual average PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

of attainment is based upon complete, 

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. If EPA finalizes 

this proposed determination of 

attainment, 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 for so long as the Area 

continues to attain the annual PM2.5

NAAQS. Second, EPA is also proposing 

to determine, based on quality-assured 

and certified monitoring data for the 

2007–2009 monitoring period, that the 

Area has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Submit your general 

comments and your comments 

specifically regarding the Kentucky 

portion of the Cincinnati Area, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0719, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9040. 

4. Mail: EPA–R04–OAR–2010–0719, 

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. 

5. Hand Delivery: Lynorae Benjamin, 

Chief, 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. 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. 

Submit your comments regarding the 

Ohio and Indiana portions of the 

Cincinnati Area, identified by Docket ID 

No. EPA–R04–OAR–2010–0719, 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: 312–353–6960. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3507. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, U.S. 


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1 ‘‘1997 Annual NAAQS’’ refers to both the 

primary and secondary standards, which are 

identical. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3507. 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–R04–OAR–2010– 

0719. 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 

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 

http://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 http:// 

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. 

Docket: All documents in the docket 

are listed in the http:// 

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 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 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 

may be reached by telephone at (404) 

562–9104. Mr. Huey can also be reached 

via electronic mail at huey.joel@epa.gov. 

Ms. Waterson may be reached by 

telephone at (404) 562–9061 or via 

electronic mail at 

waterson.sara@epa.gov. In Region 5, 

John Summerhays, Control Strategies 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. The telephone 

number is (312) 886–6067. Mr. 

Summerhays can also be reached via 

electronic mail at 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking? 

II. What is the background for these actions? 

III. Does the Cincinnati Area meet the annual 

PM2.5 standard? 

A. Criteria 

B. Cincinnati Area Air Quality 

C. Has the Cincinnati area met the 1997 

annual PM2.5 air quality standard? 

IV. What are the effects of these actions? 

V. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing to determine that 

the Cincinnati Area (comprised of 

Butler, Clermont, Hamilton, and Warren 

Counties in Ohio; Boone, Campbell and 

Kenton Counties in Kentucky; and a 

portion of Dearborn County in Indiana) 

has attaining data for the 1997 annual 

PM2.5 NAAQS.1 The proposal is based 

upon quality assured, quality controlled 

and certified ambient air monitoring 

data that show the Area has monitored 

attainment of the 1997 annual PM2.5

NAAQS based on the 2007–2009 data. 

EPA is also proposing to determine, in 

accordance with EPA’s PM2.5

Implementation Rule of April 25, 2007 

(72 FR 20664), that the Cincinnati Area 

has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. 

II. What is the background for these 

actions? 

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

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 μg/m3. (This action does not 

address the 24-hour NAAQS.) See 40 

CFR 50.7. On January 5, 2005 (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. 

These designations became effective on 

April 5, 2005. The Cincinnati Area was 

designated nonattainment for the 1997 

PM2.5 NAAQS. See 40 CFR 81.336 

(Ohio), 40 CFR 81.318 (Kentucky), and 

40 CFR 81.315 (Indiana). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual 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 NAAQS of 35 μg/m3 based on a 3- 

year average of the 98th percentile of 24- 

hour concentrations. On November 13, 

2009, EPA designated the Cincinnati 

Area as attainment for the 2006 24-hour 

NAAQS (74 FR 58688). In that action, 

EPA also clarified the designations for 

the NAAQS promulgated in 1997, 

stating that the Cincinnati Area was 

designated as nonattainment for the 

annual NAAQS but attainment for the 

24-hour NAAQS. Thus, this action does 

not address attainment of either the 

1997 or the 2006 24-hour NAAQS. 

In response to legal challenges of the 

annual NAAQS promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this NAAQS 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). However, 

given that the 1997 and 2006 annual 

NAAQS are essentially identical, 

attainment of the 1997 annual NAAQS 

would also indicate attainment of the 

remanded 2006 annual NAAQS. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 Implementation 

Rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 NAAQS. This 

rule, at 40 CFR 51.1004(c), specifies 

some of the regulatory consequences of 

attaining the NAAQS, as discussed 

below. 

III. Does the Cincinnati area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

This rulemaking is proposing to find 

that the Cincinnati Area is attaining the 

annual PM2.5 NAAQS, and provides a 


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basis for that final action. The 

Cincinnati Area includes certain 

counties in Ohio, Kentucky, and 

Indiana. The Cincinnati Area is 

comprised of Butler, Clermont, 

Hamilton and Warren Counties in Ohio; 

Boone, Campbell, and Kenton Counties 

in Kentucky; and the Lawrenceburg 

Township portion of Dearborn County 

in Indiana. 

Under EPA regulations at 40 CFR 

50.7, the annual primary and secondary 

PM2.5 NAAQS are met when the annual 

arithmetic mean concentration, as 

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 subject area. 

B. Cincinnati Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Cincinnati Area 

in accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System (AQS) database. This 

review addresses air quality data 

collected in the 3-year period from 

2007–2009. 

The following table provides the 

annual average concentrations averaged 

over 2007–2009 at the sites in the 

Cincinnati Area. There are no PM2.5

monitoring sites for the Indiana portion 

of the Cincinnati Area. The highest 3- 

year average annual concentration for 

2007–2009 on this table is recorded at 

site 39–061–0014, recording a 3-year 

average annual concentration of 15.0 μg/ 

m3, which is in attainment of the annual 

PM2.5 NAAQS. All other sites in the 

Area have 3-year average annual PM2.5

concentrations below 15.0 μg/m3. 

TABLE 1—ANNUAL AVERAGE CONCENTRATIONS IN THE CINCINNATI AREA

Site name County Site No. 

Annual 

average 

concentration 

(μg/m3) 

Verity HS, Middletown ................................................................................................... Butler ........................... 39–017–0003 14.0 

400 Nilles Rd., Fairfield ................................................................................................. Butler ........................... 39–017–0016 13.9 

2400 Clermont Dr., Batavia ........................................................................................... Clermont ...................... 39–025–0022 12.3 

11590 Grooms Rd., Sycamore ...................................................................................... Hamilton ...................... 39–061–0006 13.1 

Carthage Fire, Seymour/Vine ........................................................................................ Hamilton ...................... 39–061–0014 15.0 

250 Taft Rd., Cincinnati ................................................................................................. Hamilton ...................... 39–061–0040 13.5 

Lower Price Hill, 8th St., Cincinnati ............................................................................... Hamilton ...................... 39–061–0042 14.7 

2059 Sherman Ave., Norwood ...................................................................................... Hamilton ...................... 39–061–7001 13.9 

300 Murray Rd ............................................................................................................... Hamilton ...................... 39–061–8001 14.6 

416 Southeast St ........................................................................................................... Hamilton ...................... 39–165–0007 12.5 

NKU ................................................................................................................................ Campbell ..................... 21–037–3002 12.5 

Covington ....................................................................................................................... Kenton ......................... 21–117–0007 12.4 

The Cincinnati Area did not meet the 

75 percent completeness criteria in 

three cases. The NKU site began 

operation on August 1, 2007, and thus 

did not obtain complete data for the first 

three quarters of 2007. Nevertheless, the 

average concentration for the remainder 

of 2007 and all of 2008 and 2009 is 12.5 

μg/m3, which indicates attainment at 

this site. This would not be considered 

an incomplete record due to it being a 

new site. EPA approved the closing of 

two sites in the 2007–2009 time period, 

which are not listed in the above table, 

Scarlet Oaks School (39–061–0043) and 

Hook Field Airport (39–017–1004). 

Scarlet Oaks School ended operation 

December 31, 2008 and Hook Field 

Airport ended operation December 31, 

2007. The Scarlet Oaks School site 

monitored an average concentration of 

14.8 μg/m3 in 2007, and an annual 

average concentration in 2008 of 13.3 

μg/m3. The Hook Field Airport site 

monitored an annual average 

concentration of 14.6 μg/m3 for 2007. 

These values are below the NAAQS. An 

examination of data from these sites is 

provided in the February 2011 technical 

support document available in the 

docket for this proposed rulemaking. 

More generally, EPA believes that the 

Cincinnati Area has a sufficient network 

of sites collecting complete data 

showing attainment to conclude that the 

Cincinnati Area is now meeting the 

annual PM2.5 NAAQS. In accordance 

with 40 CFR part 50, Appendix N and 

standard EPA practice, the review of 

this data is based on the three most 

recent years of complete data, generally 

2007–2009. Appendix N does not 

provide for examining partial years of 

data, because various seasons of the year 

reflect various influences on PM2.5

concentrations, and a partial year’s data 

may not be representative of values that 

would be determined from a full year’s 

data set. Nevertheless, EPA examined 

data from 2010. The complete year has 

not been certified; therefore, the data are 

not considered complete for 2010. All of 

the 2008–2010 design values are below 

the 15.0 μg/m3, except for the Murray 

Road site in Cincinnati. The Murray 

Road site has a preliminary 2008–2010 

design value of 15.1 μg/m3; however, 

the site was shut down in February of 

the first quarter of 2010 due to safety 

issues. The partial first quarter of 2010 

data before the monitor shut down 

showed the only data above the NAAQS 

for the 2008–2010 period. The 2008 

design value was 14.4 μg/m3 and the 

2009 design value was 13.4 μg/m3. 

Approval was granted for the site to be 

shut down because the Carthage Fire 

site registered a higher design value and 

is located approximately a mile from the 

Murray Road site. A comparison of the 

2007–2009 data showed the sites were 

well correlated with each other. 

The available data for 2010 are 

consistent with the finding, based on 

2007–2009 data, that the Cincinnati 

Area is attaining the 1997 annual PM2.5

NAAQS. On the basis of this review, 

EPA has preliminarily concluded that 

this Area has met and continues to meet 

the 1997 PM2.5 NAAQS. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

C. Has the Cincinnati area met the 1997 

annual PM2.5 air quality standard? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded the data in the 

EPA AQS database, for the Cincinnati 

Area from 2007 through the present 

time. 

On the basis of that review, EPA 

proposes to determine that this Area has 

attained and continues to attain the 

1997 annual PM2.5 NAAQS based on the 

quality-assured data for the 2007–2009 

and 2008–2010 monitoring periods. In 


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addition, based on EPA’s review of the 

data for 2007–2009, and in accordance 

with section 179(c)(1) of the CAA and 

EPA’s regulations, EPA proposes to 

determine that the Area attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. 

IV. What is the effect of these actions? 

If this proposed determination of 

attainment is made final, the 

requirements for the Cincinnati Area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS would 

be suspended for so long as the Area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). 

If this proposed rulemaking is 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the Area has violated the annual PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Cincinnati Area, and 

the Area would thereafter have to 

address the applicable requirements. 

See 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the annual PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this proposed action does not involve 

approving maintenance plans for the 

Area as required under section 175A of 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Cincinnati Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area. 

This action is only a proposed 

determination of attainment that the 

Cincinnati Area has attained the 1997 

annual PM2.5 NAAQS. This action does 

not address the 24-hour PM2.5 NAAQS. 

If the Cincinnati Area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Cincinnati Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the annual PM2.5 NAAQS 

will remain suspended. 

In addition, if EPA’s separate and 

independent proposed determination 

that the Area has attained the 1997 

annual PM2.5 standard by its applicable 

attainment date (April 5, 2010) is 

finalized, EPA will have met its 

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. 

These two actions described above are 

proposed determinations regarding the 

Cincinnati Area’s attainment status only 

with respect to the 1997 annual PM2.5

NAAQS. Today’s actions do not address 

the 24-hour PM2.5 NAAQS. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ 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.); 

• 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 economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions 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 proposed 1997 annual 

PM2.5 NAAQS determinations for the 

Cincinnati Area 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: April 18, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

Dated: May 23, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–13831 Filed 6–2–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

EPA–R09–OAR–2011–0356; FRL–9314–8] 

Revisions to the California State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and Imperial County Air 

Pollution Control District (ICAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from Motor 

Vehicle Assembly Coatings, Surface 

Coatings of Metal Parts and Products, 

Plastic Parts and Products and Pleasure 

Crafts, Aerospace Coating Operations 

and Automotive Refinishing Operations. 

We are proposing to approve local rules 

to regulate these emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

July 5, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0356, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1