78164 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 

The owner of the bridge MBCR 

requested a temporary deviation from 

the regulations to facilitate emergency 

structural repairs at the bridge. Under 

this temporary deviation the MBCR 

Bridge may remain in the closed 

position from December 1, 2010 through 

April 17, 2011. The bridge can be 

opened for emergencies by calling Ms. 

Patricia Mallon, Assistant Chief of 

Engineering at 617–222–3617 or 617– 

590–9828. 

The bridge seldom receives requests 

to open December through April and 

there is an alternate route for vessel 

traffic since the waterway has outlets to 

open water at both ends. Vessels that 

can pass under the bridge in the closed 

position may do so at any time. 

The Gloucester Harbor Master and the 

local marinas were notified and no 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 1, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–31407 Filed 12–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0850; FRL–9238–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; The Milwaukee-Racine and 

Sheboygan Areas; Determination of 

Attainment of the 1997 8-hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is making determinations 

under the Clean Air Act (CAA) that the 

Milwaukee-Racine and Sheboygan, 

Wisconsin areas have attained the 1997 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). The 

Milwaukee-Racine area includes 

Milwaukee, Ozaukee, Racine, 

Washington, Waukesha, and Kenosha 

Counties. The Sheboygan area includes 

Sheboygan County. The determinations 

are based on complete, quality-assured 

and certified ambient air monitoring 

data that show that the areas have 

monitored attainment of the 1997 8- 

hour ozone standard for the 2006–2008 

and 2007–2009 monitoring periods. 

Preliminary data available for 2010 

indicate that the areas continue to 

monitor attainment. As a result of these 

determinations, the requirements for 

these areas to submit attainment 

demonstrations and associated 

reasonably available control measures 

(RACM), reasonable further progress 

plans (RFP), contingency measures, and 

other State Implementation Plan (SIP) 

revisions related to attainment of the 

standard are suspended for as long as 

the areas continue to attain the 1997 8- 

hour ozone standard. These 

determinations also suspend the 

requirement for EPA to promulgate 

attainment demonstration, RFP, and any 

other attainment-related Federal 

Implementation Plans (FIPs) for these 

areas. 

DATES: This direct final rule will be 

effective February 14, 2011, unless EPA 

receives adverse comments by January 

14, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0850, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

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–R05–OAR–2010– 

0850. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov your email 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 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 at 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is the background for these actions? 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 78165 

II. What actions is EPA taking? 

III. What is the effect of these actions? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. What are EPA’s determinations and their 

consequences? 

VI. Statutory and Executive Order Reviews 

I. What is the background for these 

actions? 

The CAA establishes a process for air 

quality management through the 

NAAQS. Before promulgation of the 8- 

hour standard, the ozone NAAQS was 

based on a 1-hour standard. On 

November 6, 1991 (56 FR 56693 and 

56852), the Milwaukee-Racine and 

Sheboygan areas were designated as 

severe and serious nonattainment areas, 

respectively, under the 1-hour ozone 

NAAQS. The Sheboygan area was 

subsequently redesignated to attainment 

of the 1-hour standard on August 26, 

1996 (61 FR 43675). The MilwaukeeRacine area was monitoring attainment 

of the 1-hour ozone standard by the end 

of the 2005 ozone season when, on June 

15, 2005, EPA revoked the 1-hour ozone 

NAAQS. However, the MilwaukeeRacine area was still designated as 

nonattainment under the 1-hour ozone 

NAAQS. 

On July 18, 1997 (62 FR 38856), EPA 

promulgated an 8-hour ozone standard 

of 0.08 parts per million parts (ppm). On 

April 30, 2004 (69 FR 23857), EPA 

published a final rule designating and 

classifying areas under the 8-hour ozone 

NAAQS. These designations and 

classifications became effective June 15, 

2004. EPA designated as nonattainment 

any area that was violating the 8-hour 

ozone NAAQS based on the three most 

recent years of air quality data, 2001– 

2003. 

The CAA contains two sets of 

provisions, subpart 1 and subpart 2, that 

address planning and control 

requirements for nonattainment areas. 

(Both are found in Title I, part D, 42 

U.S.C. 7501–7509a and 7511–7511f, 

respectively.) Subpart 1 contains general 

requirements for nonattainment areas 

for any pollutant, including ozone, 

governed by a NAAQS. Subpart 2 

provides more specific requirements for 

ozone nonattainment areas. 

Under EPA’s implementation rule for 

the 1997 8-hour ozone standard, 69 FR 

23951 (April 30, 2004), an area was 

classified under subpart 2 based on its 

8-hour ozone design value (i.e. the 3- 

year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentration), if it had a 1-hour 

design value at the time of designation 

at or above 0.121 ppm (the lowest 1- 

hour design value in Table 1 of subpart 

2) (69 FR 23954). The MilwaukeeRacine and Sheboygan areas were 

designated as subpart 2, 8-hour ozone 

moderate nonattainment areas by EPA 

on April 30, 2004 (69 FR 23857 and 

23947), based on air quality monitoring 

data from 2001–2003 (69 FR 23860). 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone standard of 0.075 ppm. In May 

2008, states, environmental groups, and 

industry groups filed petitions with the 

United States Court of Appeals for the 

District of Columbia Circuit for review 

of the 2008 ozone standards. In March 

2009, the court granted EPA’s request to 

stay the litigation so EPA could review 

the standards and determine whether 

they should be reconsidered. On 

September 16, 2009, EPA announced 

reconsideration of the 2008 decision 

setting national standards for groundlevel ozone. The designation process for 

that standard has been stayed. On 

January 6, 2010, EPA proposed to set the 

level of the primary 8-hour ozone 

standard within the range of 0.060 to 

0.070 ppm, rather than at 0.075 ppm. 

EPA is working to complete 

reconsideration of the standard and 

expects thereafter to proceed with 

designations. The actions addressed in 

today’s rulemaking relate only to the 

1997 8-hour ozone standard. 

II. What actions is EPA taking? 

EPA is determining that the 

Milwaukee-Racine and Sheboygan 1997 

8-hour ozone nonattainment areas have 

attained the 1997 8-hour ozone NAAQS. 

These determinations are based upon 

complete, quality-assured and certified 

ambient air monitoring data for the 

years 2007–2009 showing that the areas 

have monitored attainment of the 1997 

8-hour ozone NAAQS. Today’s 

rulemaking does not address 

requirements for the 2008 8-hour ozone 

NAAQS or any future revisions to these 

NAAQS. 

III. What is the effect of these actions? 

For the Milwaukee-Racine and 

Sheboygan areas, under the provisions 

of 40 CFR 51.918, these determinations 

would: (1) Suspend the requirements for 

the State to submit a SIP and/or for EPA 

to promulgate a FIP for an attainment 

demonstration and associated RACM 

(including reasonably available control 

technologies), RFP plan, contingency 

measures, and any other planning SIPs 

or FIPs related to attainment of the 1997 

8-hour ozone NAAQS; (2) continue until 

such time, if any, that EPA subsequently 

determines that the area has violated the 

1997 8-hour NAAQS; (3) be separate 

from, and not influence or otherwise 

affect, any future designation 

determination or requirements for the 

areas based on the revision to the 2008 

8-hour ozone NAAQS or the 

reconsidered 8-hour ozone NAAQS; and 

(4) remain in effect regardless of 

whether EPA designates the area as a 

nonattainment area for purposes of the 

revised or reconsidered 2008 8-hour 

ozone NAAQS. 

If EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the MilwaukeeRacine and/or Sheboygan area has 

violated the 1997 8-hour ozone NAAQS, 

the basis for the suspension of certain 

requirements for that area, set forth at 40 

CFR 51.918, would no longer exist, and 

the area would thereafter have to 

address pertinent requirements. 

The determinations of attainment in 

this notice are not equivalent to 

redesignations to attainment under 

section 107(d)(3) of the CAA because we 

have not approved maintenance plans 

for the areas under section 175A of the 

CAA, nor have we found that the areas 

have met the other statutory 

requirements for redesignation. The 

designation status of each of the areas 

remains nonattainment for the 1997 8- 

hour ozone NAAQS until such time as 

EPA determines that it meets the CAA 

requirements for redesignation to 

attainment. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

Whether an area is considered to be 

attaining the 8-hour ozone NAAQS is 

determined in accordance with 40 CFR 

50.10 and part 50, Appendix I, based on 

three complete, consecutive calendar 

years of quality-assured air quality 

monitoring data. To attain the standard, 

the 3-year average of the fourth-highest 

daily maximum 8-hour average ozone 

concentrations measured at each 

monitor within an area over each year 

must not exceed 0.08 ppm. Based on the 

rounding convention described in 40 

CFR part 50, appendix I, the standard is 

attained if the design value is 0.084 ppm 

or below. The data must be collected 

and quality-assured in accordance with 

40 CFR part 58, and recorded in the 

EPA’s Air Quality System (AQS). The 

monitors generally should have 

remained at the same location for the 

duration of the monitoring period 

required for determining attainment. 

Wisconsin has quality-assured and 

certified all of the ambient monitoring 

data for 2006–2008 and 2007–2009 in 

accordance with 40 CFR 58.10, and has 

recorded it in the AQS database. The 

data meet the completeness criteria in 

40 CFR part 50, Appendix I, which 

require a minimum completeness of 

75% annually and 90% over each 3-year 

period. Monitoring data are presented in 


emcdonald on DSK2BSOYB1PROD with RULES
78166 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 

Table 1 below. Preliminary data available for 2010 are consistent with 

continued attainment. 

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND 3-YEAR AVERAGES OF 4TH HIGH

DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS

Area County Monitor 

2006 4th 

high 

(ppm) 

2007 4th 

high 

(ppm) 

2008 4th 

high 

(ppm) 

2009 4th 

high 

(ppm) 

2006– 

2008 average 

(ppm) 

2007– 

2009 average 

(ppm) 

Milwaukee-Racine .............. Kenosha ............... Pleasant Prairie 

55–059–0019.

0.079 0.085 0.072 0.071 0.078 0.076 

Milwaukee ............. 16th St. HC 55– 

079–0010.

0.064 0.067 0.059 0.066 0.063 0.064 

WDNR SERHQ 

55–079–0026.

0.068 0.075 0.063 0.067 0.068 0.068 

UWM–North 55– 

079–0041.

0.073 0.078 0.065 0.068 0.072 0.070 

Bayside 55–079– 

0085.

0.073 0.083 0.069 0.072 0.075 0.074 

Ozaukee ............... Grafton 55–089– 

0008.

0.071 0.082 0.064 0.067 0.072 0.071 

Harr. Beach 55– 

089–0009.

0.072 0.084 0.067 0.070 0.074 0.073 

Racine .................. Racine 55–101– 

0017.

0.071 0.077 0.065 0.071 0.071 0.071 

Washington ........... Slinger 55–131– 

0009.

0.066 0.071 0.060 0.065 0.065 0.065 

Waukesha ............. Waukesha 55– 

133–0027.

0.067 0.072 0.060 0.059 0.066 0.063 

Sheboygan ......................... Sheboygan ........... Kohler Andre Park 

55–117–0006.

0.083 0.088 0.075 0.074 0.082 0.079 

On the basis of this review, EPA has 

concluded that the Milwaukee-Racine 

area and the Sheboygan area have 

attained the 1997 8-hour NAAQS based 

on the most recent complete, quality 

assured 3 year period of data: 2007– 

2009. In addition, preliminary 

monitoring data for 2010 that are 

available to date indicate that these 

areas continue to attain the 1997 8-hour 

ozone NAAQS. 

V. What are EPA’s determinations and 

their consequences? 

EPA is making determinations that 

the Milwaukee-Racine and Sheboygan, 

Wisconsin areas have attained the 1997 

8-hour ozone NAAQS. The 

determinations are based upon 

complete, quality-assured and certified 

ambient air monitoring data, which 

show that the areas have monitored 

attainment of the 1997 8-hour ozone 

standard for the 2006–2008 and 2007– 

2009 monitoring periods. Preliminary 

data for 2010 indicate that the areas 

continue to monitor attainment. 

As provided in 40 CFR 51.918, the 

determinations of attainment for the 

Milwaukee-Racine and Sheboygan areas 

suspend the requirements for the State 

of Wisconsin to submit for these areas: 

an attainment demonstration, associated 

RACM, RFP plan, contingency 

measures, and any other planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS. These determinations 

also suspend any requirement for EPA 

to promulgate FIPs for these areas 

deriving from the concomitant SIP 

obligations. 

The attainment-related SIP and FIP 

obligations remain suspended for each 

area for so long as it continues to attain 

the 1997 8-hour ozone NAAQS or until 

it is redesignated for that NAAQS, at 

which time the obligations end. 40 CFR 

51.918. 

We are publishing these actions 

without prior proposal because we view 

them as noncontroversial and anticipate 

no adverse comments. However, in the 

proposed rules section of this Federal 

Register publication, we are publishing 

a separate document that will serve as 

the proposal to determine that the 

Milwaukee and/or Sheboygan area has 

attained the 1997 8-hour ozone standard 

if relevant adverse written comments 

are filed with respect to that area. This 

rule will be effective February 14, 2011 

without further notice unless we receive 

relevant adverse written comments by 

January 14, 2011. If we receive such 

comments with respect to either the 

Milwaukee-Racine or the Sheboygan 

area, we will withdraw the action with 

regard to that area before the effective 

date by publishing a subsequent 

document that will withdraw the final 

action. All public comments received 

will then be addressed in a subsequent 

final rule based on the proposed action. 

The EPA will not institute a second 

comment period. Any parties interested 

in commenting on these actions should 

do so at this time. Please note that if 

EPA receives adverse comment on a 

section of this rule and if that portion 

may be severed from the remainder of 

the rule, EPA may adopt as final those 

provisions of the rule that are not the 

subject of an adverse comment. If we do 

not receive any comments, this action 

will be effective February 14, 2011. 

VI. Statutory and Executive Order 

Reviews 

These actions make determinations 

based on air quality data, and would, if 

finalized, result in the suspension of 

certain Federal requirements. 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.); 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations 78167 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because a 

determinations of attainment is an 

action that affects the status of a 

geographical area and does not impose 

any new regulatory requirements on 

tribes, impact any existing sources of air 

pollution on tribal lands, nor impair the 

maintenance of ozone national ambient 

air quality standards in tribal lands. 

However, because there are tribal lands 

located in Milwaukee County, we 

provided the affected tribe with the 

opportunity to consult with EPA on the 

attainment determination. The 

consultation occurred on November 15, 

2010. The affected tribe raised no 

concerns. 

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. 

These actions are not ‘‘major rules’’ 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 February 14, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw these direct final 

rules and address the comment in the 

proposed rulemaking. These actions 

may not be challenged later in 

proceedings to enforce their 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 24, 2010. 

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 YY—Wisconsin 

■ 2. Section 52.2585 is amended by 

adding paragraph (y) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(y) Determination of attainment. EPA 

has determined, as of December 15, 

2010 that the Milwaukee-Racine, WI 

and Sheboygan, WI areas have attained 

the 1997 8-hour ozone standard. These 

determinations suspend the 

requirements for these areas to submit 

attainment demonstrations and 

associated reasonably available control 

measures (RACM), reasonable further 

progress plans (RFP), contingency 

measures, and other State 

Implementation Plan (SIP) revisions 

related to attainment of the standard for 

as long as the areas continue to attain 

the 1997 8-hour ozone standard. These 

determinations also stay the 

requirement for EPA to promulgate 

attainment demonstration and RFP 

Federal Implementation Plans (FIPs) for 

these areas. 

[FR Doc. 2010–31339 Filed 12–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0521; FRL–9233–3] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Maricopa County 

portion of the Arizona State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on September 2, 2010 and 

concern particulate matter (PM) 

emissions from fugitive dust sources 

such as construction sites and related 

activities, unpaved roads, unpaved 

parking lots, and disturbed soils on 

vacant lots. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on January 14, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0521 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 


emcdonald on DSK2BSOYB1PROD with RULES