54778 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference. 

Dated: August 26, 2010. 

Bharat Mathur, 

Acting 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 Y—Minnesota 

■ 2. Section 52.1237 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1237 Control strategy: Carbon 

monoxide. 

* * * * * 

(e) Approval—On June 16, 2010, 

Minnesota submitted a carbon 

monoxide (CO) limited maintenance 

plan for the Minneapolis-St. Paul area 

under section 175A of the CAA for the 

continued attainment of the one hour 

and eight hour CO NAAQS. 

[FR Doc. 2010–22338 Filed 9–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0113; FRL–9197–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Baton Rouge 8-Hour Ozone 

Nonattainment Area; Determination of 

Attainment of the 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA has determined that 

the Baton Rouge (BR) 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, 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2006–2008 and 2007– 

2009 monitoring periods. Preliminary 

data available for 2010 is consistent 

with continued attainment. 

Under the provisions of EPA’s 8-hour 

ozone implementation rule, as a 

consequence of this determination the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) requirements 

related to attainment of the 1997 8-hour 

ozone NAAQS, are suspended for so 

long as the area continues to attain the 

1997 8-hour ozone NAAQS. 

DATES: This final rule is effective 

October 12, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2010–0113. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (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 in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PDL), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367, fax (214) 

665–7263, e-mail address 

rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. This 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

We are determining that the BR 8- 

hour ozone nonattainment area is 

currently attaining the 1997 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). This determination 

is based upon complete, qualityassured, certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 

8-hour ozone NAAQS for the 2006–2008 

and 2007–2009 monitoring periods, and 

that preliminary data available for 2010 

is consistent with continued attainment 

of the NAAQS. 

As a consequence of this 

determination, under the provisions of 

EPA’s ozone implementation rule (see 

40 CFR section 51.918), the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan (RFP), applicable 

contingency measures, and other 

planning State Implementation Plan 

(SIP) requirements related to attainment 

of the 1997 8-hour ozone NAAQS, are 

suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. 

The rationale for our action is 

explained in the Notice of Proposed 

Rulemaking (NPR) published on June 

25, 2010 (75 FR 36316) and in today’s 

rulemaking. We received one comment 

in support of the proposal. 

II. What is the effect of this action? 

Under the provisions of EPA’s ozone 

implementation rule, 40 CFR 51.918, the 

requirements for the State of Louisiana 

to submit an attainment demonstration, 

a RFP plan, contingency measures 

under sections 172(c)(9), and any other 

planning SIPS related to attainment of 

the 1997 8-hour ozone NAAQS are 

suspended for so long as the area 

continues to attain the 1997 8-hour 

standard. 

If EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the BR area has 

violated the 1997 8-hour ozone NAAQS, 

the basis for the suspension of the 

requirements would no longer exist, and 

EPA would take action to withdraw the 

determination and direct the area to 

address the suspended requirements. 

This final action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because we do not yet 

have an approved maintenance plan for 

the area 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 remain 

moderate nonattainment for the 1997 8- 

hour ozone NAAQS until such time as 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 54779 

EPA determines that it meets all the 

CAA requirements for redesignation to 

attainment. 

III. Response to Comments 

EPA received one comment letter in 

response to the proposed rulemaking. 

The letter, submitted on behalf of the 

Louisiana Chemical Association, 

Louisiana Mid-Continent Oil and Gas 

Association, and the Baton Rouge Area 

Chamber of Commerce, expressed 

support for EPA’s proposal. 

IV. Final Action 

For the reasons set forth in the 

proposed rulemaking and in this final 

rulemaking, and based on upon 

complete, quality-assured, certified 

ambient air monitoring data showing 

the BR area has monitored attainment of 

the 1997 8-hour ozone NAAQS for the 

2006–2008 and 2007–2009 monitoring 

periods, and preliminary data for 2010 

that is consistent with continued 

attainment, EPA is finalizing its 

determination that the BR area has 

attained the 1997 8-hour ozone 

standard. As provided in 40 CFR 51.918, 

the requirements for submitting the 

1997 8-hour ozone attainment 

demonstration SIP, the RFP 

requirements, section 172(c)(9) 

contingency measures and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS are 

suspended for so long as the area 

continues to attain the 1997 8-hour 

ozone standard. 

V. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based upon air quality that 

results in suspensions of certain Clean 

Air Act requirements, and does not 

impose additional requirements. 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 Clean Air Act; 

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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because there is no 

federally recognized Indian country 

located in the states, 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 rules 

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 

these actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 8, 

2010. Filing a petition for 

reconsideration by the Administrator of 

these final rules 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 dioxides, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: August 25, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

■ 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 T—Louisiana 

■ 2. Section 52.977 is amended by 

designating the existing undesignated 

paragraph as paragraph (a) and by 

adding a new paragraph (b) to read as 

follows: 

§ 52.977 Control strategy and regulations: 

Ozone. 

* * * * * 

(b) Determination of Attainment. 

Effective October 12, 2010 EPA has 

determined that the Baton Rouge 8-hour 

ozone nonattainment area has attained 

the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). Under the provisions of 40 

CFR 51.918 this determination suspends 

the requirements for this area to submit 

an attainment demonstration, a 

reasonable further progress plan, 

applicable contingency measures, and 

other planning Louisiana State 

Implementation Plan (SIP) requirements 

related to attainment of the 1997 8-hour 

ozone NAAQS for so long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. 

[FR Doc. 2010–22341 Filed 9–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9198–6] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List; Partial Deletion of the 

Denver Radium Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final Notice of Partial Deletion of 


jlentini on DSKJ8SOYB1PROD with RULES