45954 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland 

administrative regulations (COMAR) 

citation 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 

26.11.17.09 ............ Plantwide Applicability Limit 

(PAL)—Monitoring, Record 

Keeping, and Reporting.

10/22/07 8/2/12 [Insert page number 

where the document begins].

Added. 

* * * * * * * 

* * * * * (e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 1997 8– 

Hour Ozone NAAQS.

Statewide .......... 7/27/07, 11/30/07, 11/25/11, 76 FR 72624 ............... This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), 

(C), (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

7/31/09, 6/23/11 8/2/12 [Insert page number 

where the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), 

(D)(i)(II), and (J). 

Section 110(a)(2) Infrastructure 

Requirements for the 1997 

PM2.5 NAAQS.

Statewide .......... 4/3/08, 4/16/10 11/25/11, 76 FR 72624 ............... This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), 

(C), (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

7/31/09, 6/23/11 8/2/12 [Insert page number 

where the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), 

(D)(i)(II), and (J). 

Section 110(a)(2) Infrastructure 

Requirements for the 2006 

PM2.5 NAAQS.

Statewide .......... 4/16/10, 7/21/10 11/25/11, 76 FR 72624 ............... This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), 

(C), (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). 

7/31/09, 6/23/11 8/2/12 [Insert page number 

where the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), 

(D)(i)(II), and (J). 

[FR Doc. 2012–18656 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0153; FRL–9708–2] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Tennessee: 

Knoxville; Determination of Attaining 

Data for the 1997 Annual and 2006 24– 

Hour Fine Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations, one regarding the 

Knoxville, Tennessee, 1997 annual fine 

particulate (PM2.5) nonattainment area 

and one regarding the KnoxvilleSevierville-La Follette, Tennessee, 2006 

24-hour PM2.5 nonattainment area (both 

areas have the same geographic 

boundary and will hereafter be 

collectively referred to as the ‘‘Knoxville 

Area’’ or ‘‘Area’’). First, EPA is 

determining that the Area has attained 

the 1997 annual PM2.5 National Ambient 

Air Quality Standards (NAAQS or 

‘‘standard’’). Second, EPA is 

determining that the Area has attained 

the 2006 24-hour PM2.5 NAAQS. These 

determinations of attaining data are 

based upon quality-assured and 

certified ambient air monitoring data for 

the 2009–2011 period, showing that the 

Area has monitored attainment of the 

1997 annual PM2.5 NAAQS and 2006 24- 

hour PM2.5 NAAQS. The requirements 

for the Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), reasonable further progress 

(RFP) plans, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standards shall be 

suspended so long as the Area continues 

to attain the respective PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on September 4, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0153. 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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 45955 

information 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: 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. 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. What is the effect of this action? 

III. What is EPA’s final action? 

IV. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is determining that the Knoxville 

Area (comprised of Anderson, Blount, 

Knox, and Loudon Counties in their 

entireties and a portion of Roane 

County) has monitored attaining data for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. These determinations are 

based upon quality-assured, qualitycontrolled and certified ambient air 

monitoring data that shows the Area has 

monitored attainment of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

based on the 2009–2011 data. 

Other specific requirements of the 

determinations and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on June 6, 2012 (77 FR 

33360), and will not be restated here. 

The comment period closed on July 6, 

2012. No comments, adverse or 

otherwise, were received in response to 

the NPR. 

II. What are the effects of these actions? 

The determinations of attaining data, 

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 any other 

planning SIPs related to attainment of 

either the 1997 annual or the 2006 24- 

hour PM2.5 NAAQS for so long as the 

Area continues to attain the applicable 

PM2.5 NAAQS. Finalizing these actions 

does not constitute a redesignation of 

the Knoxville Area to attainment for the 

1997 annual or 2006 24-hour PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

these actions 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. 

III. What are EPA’s final actions? 

EPA is determining that the Knoxville 

Area has data demonstrating that it has 

attained the 1997 annual and 2006 24- 

hour PM2.5 NAAQS. These 

determinations are based upon qualityassured, quality-controlled, and 

certified ambient air monitoring data 

showing that this Area has monitored 

attainment of the 1997 annual and 2006 

24-hour PM2.5 NAAQS during the 

period of 2009–2011. This final 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 any 

other planning SIPs related to 

attainment of either the 1997 annual or 

the 2006 24-hour PM2.5 NAAQS for so 

long as the Area continues to attain the 

applicable 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 

Under the CAA, the Administrator is 

required to approve a SIP submission or 

state request that complies with the 

provisions of the CAA and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions or state request, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the CAA. 

Accordingly, these actions merely 

approve state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not a ‘‘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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a 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, these actions do not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

impacted area is not 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 October 1, 2012. Filing a 

petition for reconsideration by the 

Administrator of these final rules does 


sroberts on DSK5SPTVN1PROD with RULES
45956 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Rules and Regulations 

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. These actions, 

pertaining to the determination of 

attaining data for the 1997 annual and 

2006 24-hour fine particulate matter 

standard for the Knoxville Area, 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 20, 2012. 

A. Stanley Meiburg, 

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 RR—Tennessee 

■ 2. Section 52.2231 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 52.2231 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(d) Determination of attaining data. 

EPA has determined the Knoxville, 

Tennessee, nonattainment area has 

attaining data for the 1997 annual PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 51.1004(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. 

(e) Determination of attaining data. 

EPA has determined KnoxvilleSevierville-La Follette, Tennessee, 

nonattainment area has attaining data 

for the 2006 24-hour PM2.5 NAAQS. 

This determination, in accordance with 

40 CFR 51.1004(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 2006 24-hour 

PM2.5 NAAQS. 

[FR Doc. 2012–18663 Filed 8–1–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0336; FRL–9708–5] 

Approval and Promulgation of 

Implementation Plans; Kentucky; 

Louisville; Fine Particulate Matter 2002 

Base Year Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the 1997 annual fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory portion of the State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Kentucky on December 3, 2008. The 

emissions inventory is part of 

Kentucky’s December 3, 2008, 

attainment demonstration SIP revision 

that was submitted to meet the 

nonattainment requirements related to 

the Commonwealth’s portion of the bistate Louisville, Kentucky-Indiana 

nonattainment area for the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS), hereafter referred 

to as ‘‘the bi-state Louisville Area’’ or 

‘‘Area.’’ The bi-state Louisville Area is 

comprised of Clark and Floyd Counties 

in Indiana, in their entireties; the 

Madison Township portion of Jefferson 

County, Indiana; and Bullitt and 

Jefferson Counties in Kentucky, in their 

entireties. This final action only relates 

to the Kentucky portion (i.e., Bullitt and 

Jefferson Counties) of this Area. This 

action is being taken pursuant to section 

110 of the Clean Air Act (CAA or Act). 

DATES: This rule will be effective 

September 4, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R04–OAR–2012–0336. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

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 

www.regulations.gov or in hard copy 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. EPA 

requests that if at all possible, you 

contact the person 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, 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. The 

telephone number is (404) 562–8726. 

Mr. Wong can be reached via electronic 

mail at wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Analysis of the Commonwealth’s 

Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter based 

on a three-year average of annual mean 

PM2.5 concentrations. On January 5, 

2005 (70 FR 944), EPA published its air 

quality designations and classifications 

for the 1997 annual PM2.5 NAAQS based 

upon air quality monitoring data for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The bi-state Louisville Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.318 for Kentucky and 40 CFR 81.315 

for Indiana. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP under title I, part D of the CAA. This 

SIP must include, among other 

elements, a demonstration of how the 

NAAQS will be attained in the 

nonattainment area as expeditiously as 

practicable, but no later than the date 

required by the CAA. Under CAA 

section 172(b), a state has up to three 

years after an area’s designation as 

nonattainment to submit its SIP to EPA. 

For the 1997 annual PM2.5 NAAQS, 

these SIPs were due April 5, 2008. See 

40 CFR 51.1002(a). 

On December 3, 2008, Kentucky 

submitted an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 


sroberts on DSK5SPTVN1PROD with RULES