Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53219 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0380; A–1–FRL– 

9195–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Determination of 

Attainment of the 1997 Ozone Standard 

for the Greater Connecticut Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is determining that 

the Greater Connecticut moderate 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This determination is based 

upon complete, quality-assured, 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007–2009 monitoring 

period. Under the provisions of EPA’s 

ozone implementation rule, the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan, contingency 

measures, and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. In addition, EPA is 

determining that this area has attained 

the 1997 ozone NAAQS as of June 15, 

2010, its applicable attainment date. 

DATES: Effective Date: This rule is 

effective on September 30, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2010–0380. 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, e-mail 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What actions is EPA taking? 

II. What is the effect of these actions? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is determining that the Greater 

Connecticut area moderate 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone National Ambient 

Air Quality Standard (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 ozone 

NAAQS for the 2007–2009 monitoring 

period. In addition, preliminary data 

through June 15, 2010 continues to 

show this area meets the 1997 ozone 

NAAQS. EPA is also determining, under 

section 181(b)(2)(A) of the Clean Air Act 

(CAA), that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date (June 15, 2010). 

Other specific details related to the 

determination and the rationale for 

EPA’s action are explained in the Notice 

of Proposed Rulemaking (NPR) 

published on June 1, 2010 (75 FR 30310) 

and will not be restated here. No 

comments were received on the NPR. 

II. What is the effect of these actions? 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.918), the determination that 

the area is attaining the standard 

suspends the requirements for the 

Greater Connecticut moderate ozone 

nonattainment area to submit an 

attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. As we stated in EPA’s 

proposed rulemaking, the Connecticut 

Department of Environmental Protection 

previously submitted an ozone 

attainment demonstration, Reasonable 

Further Progress plan, and contingency 

measures SIP, but EPA has not acted on 

these SIPs. 

This action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because the area does 

not have an approved maintenance plan 

as required under section 175A of the 

CAA, nor a determination that the area 

has met the other requirements for 

redesignation. The classification and 

designation status of the area remains 

moderate nonattainment for the 1997 8- 

hour ozone NAAQS until such time as 

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. 

In addition, in accordance with CAA 

section 181(b)(2)(A), EPA is determining 

that the Greater Connecticut 1997 8- 

hour ozone nonattainment area has 

attained the 1997 ozone NAAQS by its 

applicable attainment date of June 15, 

2010. Preliminary monitoring data that 

became available subsequent to EPA’s 

proposal are consistent with continued 

attainment as of June 15, 2010. The 

effect of this determination of 

attainment by the area’s attainment date 

is to discharge EPA’s obligation under 

section 181(b)(2)(A), and to establish 

that, in accordance with that section, 

the area will not be reclassified for 

failure to attain by its applicable 

attainment date. 

III. Final Action 

EPA is determining that the Greater 

Connecticut 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard based on 

three years of complete, quality-assured 

and certified ozone monitoring data 

from 2007–2009. Preliminary data 

available through June 15, 2010 are 

consistent with continued attainment. 

As provided in 40 CFR 51.918, this 

determination suspends the 

requirements for Connecticut to submit 

an attainment demonstration, a 

reasonable further progress plan, 

contingency measures under section 

172(c)(9), and any other planning SIP 

related to attainment of the 1997 8-hour 

ozone NAAQS for this area, for so long 

as the area continues to attain the 1997 


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53220 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

ozone standard. In addition, pursuant to 

CAA section 181(b)(2)(A) EPA is 

determining that the Greater 

Connecticut 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone NAAQS by its 

applicable attainment date (June 15, 

2010). 

IV. Statutory and Executive Order 

Reviews 

These actions make a determination 

of attainment based on air quality, and 

result in the suspension of certain 

Federal requirements, and would not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, these 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 Clean Air Act; 

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 actions 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 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 November 1, 

2010. 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 19, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (f) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(f) Determination of Attainment. 

Effective September 30, 2010, EPA is 

determining that the Greater 

Connecticut 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard. Under the 

provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), this determination suspends 

the reasonable further progress and 

attainment demonstration requirements 

of section 182(b)(1) and related 

requirements of section 172(c)(9) of the 

Clean Air Act for as long as the area 

does not monitor any violations of the 

1997 8-hour ozone standard. If a 

violation of the 1997 ozone NAAQS is 

monitored in the Greater Connecticut 8- 

hour ozone nonattainment area, this 

determination shall no longer apply. 

In addition, this area met its June 15, 

2010 attainment deadline for the 1997 

ozone standard. 

[FR Doc. 2010–21677 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R01–RCRA–2010–0676; FRL–9193–1] 

Adequacy of New Hampshire Municipal 

Solid Waste Landfill Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This action approves a 

modification to New Hampshire’s 

approved municipal solid waste landfill 

(MSWLF) program. The approved 

modification allows the State to issue 

Research, Development, and 

Demonstration (RD&D) Permits to 

owners and operators of MSWLF in 

accordance with its State law. On March 

22, 2004, EPA issued final regulations 

allowing research, development, and 

demonstration (RD&D) permits to be 

issued to certain municipal solid waste 

landfills by approved states. On June 28, 

2010 New Hampshire submitted an 

application to EPA Region 1 seeking 

Federal approval of its RD&D 

requirements. After thorough review 

EPA Region 1 is determining that New 

Hampshire’s RD&D permit requirements 

are adequate through this direct final 

action. 

DATES: This determination of RD&D 

program adequacy for New Hampshire 

will become effective November 29, 

2010 without further notice unless EPA 


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