55774 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0408–201146; FRL– 

9459–2] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama, 

Tennessee, and Georgia: Chattanooga 

and Macon; Determination of 

Attainment by Applicable Attainment 

Date for the 1997 Annual Fine 

Particulate Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Chattanooga, Alabama-TennesseeGeorgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Chattanooga Area’’) and the 

Macon, Georgia PM2.5 nonattainment 

area (hereafter referred to as ‘‘the Macon 

Area’’) have attained the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS) by the applicable 

attainment date of April 5, 2010. The 

determinations of attainment were 

previously finalized by EPA on May 31, 

2011, for the Chattanooga Area and June 

2, 2011, for the Macon Area, and were 

based on quality-assured and certified 

monitoring data for the 2007–2009 

monitoring period. The Chattanooga 

Area is comprised of Hamilton County 

in Tennessee, Catoosa and Walker 

Counties in Georgia, and a portion of 

Jackson County in Alabama. The Macon 

Area is comprised of Bibb County in its 

entirety and a portion of Monroe County 

in Georgia. EPA is determining to find 

that both of the above-identified areas 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date. EPA 

is finalizing these actions because they 

are consistent with the Clean Air Act 

(CAA) and its implementing regulations. 

DATES: Effective Date: This final rule is 

effective on October 11, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2011–0408. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey or Sara Waterson, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. 

Huey’s telephone number is (404) 562– 

9104. Mr. Huey can also be reached via 

electronic mail at 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 actions is EPA taking? 

II. What is the effect of these actions? 

III. What are EPA’s final actions? 

IV. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2007–2009, and in accordance with 

section 179(c)(1) of the CAA and EPA’s 

regulations, EPA is determining that the 

Chattanooga and Macon Areas attained 

the 1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. 

On May 31, 2011, for the Chattanooga 

Area and June 2, 2011, for the Macon 

Area, EPA published two final 

rulemakings to make determinations of 

attainment to suspend the requirements 

for the Chattanooga and Macon Areas to 

submit attainment demonstrations and 

associated reasonably available control 

measures (RACM), reasonable further 

progress (RFP) plans, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 annual 

PM2.5 NAAQS so long as the Areas 

continue to attain the 1997 annual PM2.5

NAAQS. See 76 FR 31239 for the final 

rulemaking related to the Chattanooga 

Area; see 76 FR 31858 for the final 

rulemaking related to the Macon Area. 

Those final rulemakings also include 

useful background information on the 

PM2.5 NAAQS relevant to the 

Chattanooga and Macon Areas. Today’s 

actions make determinations that the 

Chattanooga and Macon Areas attained 

the1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. Today’s actions are simply 

focused on the date by which the areas 

had attaining data. 

Other specific requirements of the 

determinations and the rationale for 

EPA’s actions are explained in the 

notice of proposed rulemaking (NPR) 

published on June 2, 2011 (76 FR 

31900). The comment period closed on 

July 5, 2011. No comments were 

received in response to the NPR. 

II. What is the effect of these actions? 

Today’s actions are determinations 

that the Chattanooga and Macon Areas 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010, consistent with CAA 

section 179(c)(1). Finalizing these 

actions does not constitute a 

redesignation of either the Chattanooga 

or Macon Areas to attainment of the 

1997 annual PM2.5 NAAQS under 

section 107(d)(3) of the CAA. Further, 

finalizing these actions does not involve 

approving maintenance plans for either 

the Chattanooga or Macon Areas as 

required under section 175A of the 

CAA, nor would it find that the 

Chattanooga or Macon Areas have met 

all other requirements for redesignation. 

The designation status of the 

Chattanooga and Macon Areas remains 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the individual area 

meets the CAA requirements for 

redesignation to attainment and takes 

action to redesignate the individual 

area. 

III. What are EPA’s final actions? 

EPA is determining, based on qualityassured and certified monitoring data 

for the 2007–2009 monitoring period, 

that the Chattanooga and the Macon 

Areas attained the 1997 annual PM2.5

NAAQS by the applicable attainment 

date of April 5, 2010. These actions are 

being taken pursuant to section 

179(c)(1) of the CAA and are consistent 

with the CAA and its implementing 

regulations. 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, and 

would not impose additional 

requirements beyond those imposed by 

state law. For that reason, these actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55775 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, these 1997 PM2.5

determinations of attainment by 

applicable attainment date for the 

Chattanooga and Macon Areas do not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 7, 2011. Filing a 

petition for reconsideration by the 

Administrator of these final rules do not 

affect the finality of these actions for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. These actions may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

For purposes of judicial review, the 

two determinations approved by today’s 

action are severable from one another. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 18, 2011. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 52.64 is added to read as 

follows: 

§ 52.64 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Chattanooga, Alabama-GeorgiaTennessee PM2.5 nonattainment area 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the Chattanooga, 

Alabama-Georgia-Tennessee PM2.5

nonattainment area is not subject to the 

consequences of failing to attain 

pursuant to section 179(d). 

Subpart L—Georgia 

■ 3. Section 52.577 is added to read as 

follows: 

§ 52.577 Determination of attainment. 

(a) Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Chattanooga, Alabama-GeorgiaTennessee PM2.5 nonattainment area 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the Chattanooga, 

Alabama-Georgia-Tennessee PM2.5

nonattainment area is not subject to the 

consequences of failing to attain 

pursuant to section 179(d). 

(b) Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the Macon, 

Georgia PM2.5 nonattainment Area 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the Macon, Georgia 

PM2.5 nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

Subpart RR—Tennessee 

■ 4. Section 52.2232 is added to read as 

follows: 

§ 52.2232 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Chattanooga, Alabama-GeorgiaTennessee PM2.5 nonattainment Area 

attained the 1997 annual PM2.5 NAAQS 

by the applicable attainment date of 

April 5, 2010. Therefore, EPA has met 

the requirement pursuant to CAA 

section 179(c) to determine, based on 

the Area’s air quality as of the 

attainment date, whether the Area 

attained the standard. EPA also 

determined that the Chattanooga, 

Alabama-Georgia-Tennessee PM2.5

nonattainment Area is not subject to the 

consequences of failing to attain 

pursuant to section 179(d). 

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

BILLING CODE 6560–50–P 


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