55776 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0798–201147; FRL– 

9459–3] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Rome; 

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 

Rome, Georgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Rome 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 

April 5, 2011, and was based on qualityassured and certified monitoring data 

for the 2007–2009 monitoring period. 

The Rome Area is comprised of Floyd 

County, Georgia, in its entirety. EPA is 

determining that the 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 11, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0798. 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 action is EPA taking? 

II. EPA’s Response to Comment 

III. What is the effect of this action? 

IV. What is EPA’s final action? 

V. Statutory and Executive Order Reviews 

I. What action 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 

Rome Area attained the 1997 annual 

PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. 

On April 5, 2011, EPA published a 

final rulemaking to make a 

determination of attainment and to 

suspend the requirements for the Rome 

Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the 1997 annual PM2.5

NAAQS so long as the Area continues 

to attain the 1997 annual PM2.5 NAAQS. 

See 76 FR 18650. That final rulemaking 

also includes useful background 

information on the PM2.5 NAAQS 

relevant to the Rome Area. Today’s 

action makes a determination that the 

Rome Area attained the1997 annual 

PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. 

Today’s action is simply focused on the 

date by which the Area had attaining 

data. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on June 2, 2011 (76 FR 

31898). The comment period closed on 

July 5, 2011. One comment was received 

in response to the NPR. 

II. EPA’s Response to Comment 

EPA received one comment on the 

June 2, 2011, proposed rulemaking to 

determine the Rome Area attained the 

1997 PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. The 

comment, from the Labor-Management 

Standards Office, is provided in the 

docket for this final action and can be 

accessed at http://www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2010–0798. The Commenter stated, 

‘‘[n]o more rules.’’ The comment 

provides insufficient information upon 

which to base a response. As a point of 

clarification, today’s action is required 

by section 179(c)(1) of the CAA. For that 

reason, this rulemaking is both 

necessary and appropriate. 

III. What is the effect of this action? 

Today’s action is a determination that 

the Rome Area attained the 1997 annual 

PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010, 

consistent with CAA section 179(c)(1). 

Finalizing this action does not 

constitute a redesignation of the Rome 

Area to attainment of the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the CAA. Further, finalizing this action 

does not involve approving 

maintenance plans for the Rome Area as 

required under section 175A of the 

CAA, nor does it involve a 

determination that the Rome Area has 

met all requirements for a redesignation. 

The designation status of the Rome Area 

remains 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 formal action to 

redesignate the Area. 

IV. What is EPA’s final action? 

EPA is determining, based on qualityassured and certified monitoring data 

for the 2007–2009 monitoring period, 

that the Rome Area attained the 1997 

annual PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. This 

action is being taken pursuant to section 

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

with the CAA and its implementing 

regulations. 

V. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality and does 

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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations 55777 

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 determination that 

the Rome Area attained the 1997 annual 

average PM2.5 NAAQS by the applicable 

attainment date 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 these final rules does 

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. 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, 

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 L—Georgia 

■ 2. Section 52.577 is amended by 

adding paragraph (c) to read as follows: 

§ 52.577 Determination of attainment. 

* * * * * 

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

quality data for the 3-year period 2007– 

2009, EPA determined that the Rome, 

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 Rome, Georgia 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2011–22833 Filed 9–7–11; 8:45 am] 

BILLING CODE 6560–50–P 


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