Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations 38023 

Dated: June 16, 2011. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Detroit. 

[FR Doc. 2011–16246 Filed 6–28–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0316–201139; FRL– 

9426–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama: 

Birmingham; Determination of 

Attaining Data for the 1997 Annual Fine 

Particulate Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA has determined that the 

Birmingham, Alabama, fine particulate 

(PM2.5) nonattainment area (hereafter 

referred to as ‘‘the Birmingham Area’’ or 

‘‘Area’’) has attained the 1997 annual 

average PM2.5 National Ambient Air 

Quality Standard (NAAQS). The 

Birmingham Area is comprised of 

Jefferson and Shelby Counties in their 

entireties, and a portion of Walker 

County in Alabama. This determination 

of attainment is based upon qualityassured and certified ambient air 

monitoring data for the 2008–2010 

period showing that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. The requirements 

for the Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standard shall be 

suspended so long as the Area continues 

to attain the 1997 annual PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on July 29, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2011–0316. 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 

may be reached by phone at (404) 562– 

9104 or 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. What is the effect of this action? 

III. What is EPA’s final action? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the 

Birmingham Area (comprised of 

Jefferson and Shelby Counties in their 

entireties, and a portion of Walker 

County in Alabama) has attaining data 

for the 1997 annual PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled and certified 

ambient air monitoring data that shows 

the Area has monitored attainment of 

the 1997 annual PM2.5 NAAQS based on 

the 2008–2010 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 April 12, 2011 (76 FR 

20291). For summary purposes, the 

Pelham High School monitor did not 

meet data completeness for the 3rd 

quarter of 2010. The 3-year 2008–2010 

design value with data substitution is 

11.8 μg/m3; therefore, the monitor 

passes the data substitution test. The 

official design value for the monitor is 

10.9 μg/m3. The Area’s highest 3-year 

average annual concentration for 2008– 

2010 is 13.7 μg/m3 at the North 

Birmingham monitor. The comment 

period closed on May 12, 2011. No 

comments were received in response to 

the NPR. 

II. What is the effect of this action? 

This final action, 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 other planning SIPs 

related to attainment of the 1997 annual 

PM2.5 NAAQS as long as this Area 

continues to meet the 1997 annual PM2.5

NAAQS. Finalizing this action does not 

constitute a redesignation of the 

Birmingham Area to attainment for the 

1997 annual PM2.5 NAAQS under 

section 107(d)(3) of the Clean Air Act 

(CAA). Further, finalizing this action 

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 is EPA’s final action? 

EPA is determining that the 

Birmingham Area has attaining data for 

the 1997 annual PM2.5 NAAQS. This 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this Area has monitored attainment 

of the 1997 annual PM2.5 NAAQS during 

the period 2008–2010. 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 other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS as long 

as the Area continues to meet the 1997 

annual PM2.5 NAAQS. EPA is taking this 

final action because it is in accordance 

with the CAA and EPA policy and 

guidance. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality, and will 

result in the suspension of certain 

federal requirements, and it will 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 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

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38024 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations 

• 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 1997 PM2.5 clean NAAQS 

data determination for the Birmingham 

Area 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 August 29, 2011. 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, Particulate matter. 

Dated: June 14, 2011. 

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 B—Alabama 

■ 2. Section 52.62 is amended by adding 

paragraph (c) to read as follows: 

§ 52.62 Control strategy: Sulfur oxides and 

particulate matter. 

* * * * * 

(c) Determination of attaining data. 

EPA has determined, as of June 29, 

2011, the Birmingham, Alabama, 

nonattainment area has attaining data 

for the 1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(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. 

[FR Doc. 2011–16378 Filed 6–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 60 (§ 60.1 to end of 

part 60 sections), revised as of July 1, 

2010, on page 60, in § 60.4(d)(2)(viii), 

the table entitled ‘‘Delegation Status for 

New Source Performance Standards for 

Shasta County Air Quality Management 

District, Siskiyou County Air Pollution 

Control District, South Coast Air Quality 

Management District, and Tehama 

County Air Pollution Control District’’ is 

corrected to read as follows: 

§ 60.4 Address. 

* * * * * 

(d) * * * 

(2) * * * 

(viii) * * * 

DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR SHASTA COUNTY AIR QUALITY MANAGEMENT

DISTRICT, SISKIYOU COUNTY AIR POLLUTION CONTROL DISTRICT, SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, AND TEHAMA COUNTY AIR POLLUTION CONTROL DISTRICT

Subpart 

Air Pollution Control Agency 

Shasta 

County 

AQMD 

Siskiyou 

County 

APCD 

South Coast 

AQMD 

Tehama 

County 

APCD 

A ....... General Provisions ........................................................................................... X X X ....................

D ....... Fossil-Fuel Fired Steam Generators Constructed After August 17, 1971 ....... X .................... X ....................

Da ..... Electric Utility Steam Generating Units Constructed After September 18, 

1978.

.................... .................... X ....................

Db ..... Industrial-Commercial-Institutional Steam Generating Units ........................... .................... .................... X ....................

Dc ..... Small Industrial Steam Generating Units ......................................................... .................... .................... X ....................

E ....... Incinerators ....................................................................................................... X .................... X ....................

Ea ..... Municipal Waste Combustors Constructed After December 20, 1989 and On 

or Before September 20, 1994.

.................... .................... X ....................

Eb ..... Municipal Waste Combustors Constructed After September 20, 1994 ........... .................... .................... X ....................

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