Vol. 76 Wednesday, 

No. 173 September 7, 2011 

Part IV 

Environmental Protection Agency 

40 CFR Part 52 

Approval and Promulgation of Air Quality Implementation Plans; Final 

Rules 


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55542 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0255–201141; FRL– 

9459–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia: Kentucky; Ohio; HuntingtonAshland Nonattainment Area; 

Determinations of Attainment of the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

tri-state Huntington-Ashland, West 

Virginia-Kentucky-Ohio, fine particulate 

(PM2.5) nonattainment Area (hereafter 

referred to as ‘‘the Huntington-Ashland 

Area’’ or ‘‘Area’’) has attained the 1997 

annual PM2.5 national ambient air 

quality standards (NAAQS) and 

additionally, that the Area has attained 

the 1997 annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. The Huntington-Ashland Area is 

comprised of Cabell and Wayne 

Counties in their entireties and a 

portion of Mason County (Graham Tax 

District) in West Virginia; Boyd County 

in its entirety and a portion of Lawrence 

County in Kentucky; and a portion of 

Adams, a portion of Gallia, Lawrence, 

and Scioto Counties in Ohio. These 

determinations of attainment are 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 

suspended so long as the Area continues 

to attain the 1997 annual PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on October 7, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0255. 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: In 

Region 3, Ellen Wentworth, Office of Air 

Program Planning, U.S. Environmental 

Protection Agency, Region 3, 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103–2023. Ms. Wentworth’s 

telephone number is (215) 814–2034. 

Ms. Wentworth can also be reached via 

electronic mail at 

wentworth.ellen@epa.gov. 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’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. In Region 5, 

John Summerhays, Air Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604–3507. Mr. Summerhays’ 

telephone number is (312) 886–6067. 

Mr. Summerhays can also be reached 

via electronic mail at 

summerhays.john@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 

Huntington-Ashland Area (comprised of 

Cabell and Wayne Counties in their 

entireties and a portion of Mason 

County (Graham Tax District) in West 

Virginia; Boyd County in its entirety 

and a portion of Lawrence County in 

Kentucky; and a portion of Adams, a 

portion of Gallia, Lawrence, and Scioto 

Counties in Ohio) has attained the 1997 

annual PM2.5 NAAQS. This 

determination is based upon qualityassured, 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 as well as the 2008– 

2010 data. EPA is also determining, in 

accordance with EPA’s PM2.5

Implementation Rule of April 25, 2007 

(72 FR 20664), that the HuntingtonAshland Area has attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on May 11, 2011 (76 FR 

27290). For summary purposes, and 

with regard to the data, the Lawrence 

County Hospital (LCH) site was 

demolished on February 12, 2008, and 

a new site in the Lawrence County, 

Ohio portion of the Huntington-Ashland 

Area, known as the Ironton DOT site, 

began operation on the same day. As a 

consequence of the shutdown of the 

LCH site, the site was not able to meet 

the data completeness requirements for 

2007–2009 because it was not operating 

for the entire 2007–2009 monitoring 

period. In a statistical analysis 

performed by EPA’s Office of Air 

Quality Planning and Standards, as 

described in the NPR, EPA determined 

that the upper end of the range of 

potential 2007–2009 design values for 

the LCH site did not exceed the 

NAAQS. The Ironton DOT site was a 

new site in 2008 and thus did not 

collect data for 2007 and part of the first 

quarter of 2008; however, the data are 

complete for the remainder of 2008 and 

2009. Because this was a new monitor 

during the 2007–2009 period, these data 

are considered supplemental to the data 

provided from the other monitors in the 

Area. The annual design value for 2007– 

2009 for the Huntington-Ashland Area 

is 14.1 micrograms per cubic meter (μg/ 

m3), at the Huntington site (54–011– 

0006). The annual design value for 

2008–2010 for the Huntington-Ashland 

Area is 13.1 μg/m3, at the Huntington 

site (54–011–0006). These values are 

below the NAAQS. The comment period 

closed on June 10, 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 

Huntington-Ashland Area to attainment 

for the 1997 annual PM2.5 NAAQS 


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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 55543 

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. 

In addition, EPA is making a separate 

and independent determination that the 

Area has attained the 1997 annual PM2.5

standard by its applicable attainment 

date (April 5, 2010), thereby satisfying 

EPA’s 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. 

III. What is EPA’s final action? 

EPA is determining that the 

Huntington-Ashland Area has data 

indicating it has attained the 1997 

annual PM2.5 NAAQS, and additionally, 

that the Area has attained the standard 

by its applicable attainment date (April 

5, 2010). These determinations are 

based upon quality-assured, qualitycontrolled, 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 and continues to monitor 

attainment during the 2008–2010 

period. The determination of attaining 

data 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. 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 

This action makes determinations 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 HuntingtonAshland 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 

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 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).) 

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: July 21, 2011. 

W.C. Early, 

Acting Regional Administrator, Region 3. 

Dated: August 18, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

Dated: July 28, 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 S—Kentucky 

■ 2. Section 52.929 is added to read as 

follows: 

§ 52.929 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 

Huntington-Ashland, West VirginiaKentucky-Ohio 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 HuntingtonAshland PM2.5 nonattainment Area is 

not subject to the consequences of 

failing to attain pursuant to section 

179(d). 

(b) [Reserved] 

■ 3. Section 52.933 is amended by 

adding paragraph (d) to read as follows: 

§ 52.933 Control Strategy: Sulfur oxides 

and particulate matter. 

* * * * * 


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55544 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 

(d) Determination of Attainment. EPA 

has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

nonattainment Area has attained 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 KK—Ohio 

■ 4. Section 52.1880 is amended by 

adding paragraph (m) to read as follows: 

§ 52.1880 Control Strategy: Particulate 

matter. 

* * * * * 

(m) Determination of Attainment. 

EPA has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

nonattainment Area has attained 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. 

■ 5. Section 52.1892 is added to read as 

follows: 

§ 52.1892 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Huntington-Ashland, West VirginiaKentucky-Ohio 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 HuntingtonAshland PM2.5 nonattainment Area is 

not subject to the consequences of 

failing to attain pursuant to section 

179(d). 

Subpart XX—West Virginia 

■ 6. Section 52.2526 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

nonattainment Area has attained 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. 

■ 7. Section 52.2527 is added to read as 

follows: 

§ 52.2527 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Huntington-Ashland, West VirginiaKentucky-Ohio 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 HuntingtonAshland PM2.5 nonattainment Area is 

not subject to the consequences of 

failing to attain pursuant to section 

179(d). 

[FR Doc. 2011–22653 Filed 9–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0414–201145; FRL– 

9459–5] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Kentucky and 

Indiana; Louisville; 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 

bi-state Louisville, Kentucky-Indiana, 

fine particulate (PM2.5) nonattainment 

Area (hereafter referred to as ‘‘the 

Louisville Area’’) has attained the 1997 

annual PM2.5 national ambient air 

quality standards (NAAQS) by the 

applicable attainment date of April 5, 

2010. The determination of attainment 

was previously finalized by EPA on 

March 9, 2011, and was based on 

quality-assured and certified monitoring 

data for the 2007–2009 monitoring 

period. The Louisville Area is 

comprised of Jefferson County in 

Kentucky, and Clark, Floyd and a 

portion of Jefferson Counties in Indiana. 

EPA is determining to find that the 

above-identified Area attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date. EPA is finalizing this 

action because it is consistent with the 

Clean Air Act (CAA) and its 

implementing regulations. 

DATES: Effective Date: This final rule is 

effective on October 7, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0414. 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: 


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