Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34935 

By the Commission. 

Dated: June 9, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–14717 Filed 6–14–11; 8:45 am] 

BILLING CODE 8011–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0414–201134; FRL– 

9319–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Kentucky and 

Indiana; Louisville; Determination of 

Attainment by Applicable Attainment 

Date for the 1997 Annual Fine 

Particulate Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine pursuant to the Clean Air Act 

(CAA), that the bi-state Louisville, 

Kentucky-Indiana, fine particulate 

(PM2.5) nonattainment area (hereafter 

referred to as ‘‘the Louisville Area’’ or 

‘‘the Area’’) has attained the 1997 

annual PM2.5 national ambient air 

quality standards (NAAQS) by its 

applicable attainment date of April 5, 

2010. The determination of attainment 

was previously made by EPA on March 

9, 2011, based on quality-assured and 

certified monitoring data for the 2007– 

2009 monitoring period. EPA is now 

proposing to find that the Louisville 

Area attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date. EPA is proposing this action 

because it is consistent with the CAA 

and its implementing regulations. 

DATES: Comments must be received on 

or before July 15, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0414, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2011–0414, 

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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0414. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

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: In 

Region 4, Sara Waterson or Joel Huey, 

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 telephone 

at (404) 562–9061 or via electronic mail 

at waterson.sara@epa.gov. Mr. Huey 

may be reached by telephone at (404) 

562–9104. Mr. Huey can also be reached 

via electronic mail at huey.joel@epa.gov. 

In Region 5, John Summerhays, 

Attainment Planning and Maintenance 

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

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. The telephone 

number is (312) 886–6067. Mr. 

Summerhays can also be reached via 

electronic mail at 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is the air quality in the Louisville 

Area for the 1997 annual PM2.5 NAAQS 

for the 2007–2009 monitoring period? 

IV. What is the proposed action, and what is 

the effect of this 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 proposes to determine 

that the Louisville Area has attained the 

1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. The Louisville Area is comprised 

of Jefferson County in Kentucky, and 

Clark, Floyd and a portion of Jefferson 

Counties in Indiana. 

On March 9, 2011, EPA published a 

final rulemaking making a 

determination of attainment to suspend 

the requirements for the Louisville Area 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 


jlentini on DSK4TPTVN1PROD with PROPOSALS
34936 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 

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 12860. 

Today’s proposed action merely makes 

a determination that the Louisville Area 

has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date. This action is not a re-proposal of 

the attainment determination to 

suspend the requirements for the 

Louisville Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

other planning SIP revisions related to 

attainment of the standard. More 

information regarding the 1997 annual 

PM2.5 NAAQS and the Area’s attainment 

of that NAAQS is available at 76 FR 

12860 (March 9, 2011). 

II. What is the background for this 

action? 

As a nonattainment area for the 1997 

annual PM2.5 NAAQS, the Louisville 

Area had an applicable attainment date 

of April 5, 2010 (based on 2007–2009 

monitoring data). Pursuant to section 

179(c) of the CAA, EPA is required to 

make a determination on whether the 

Area attained the standard by its 

applicable attainment date. Specifically, 

section 179(c)(1) of the CAA reads as 

follows: ‘‘As expeditiously as 

practicable after the applicable 

attainment date for any nonattainment 

area, but not later than 6 months after 

such date, the Administrator shall 

determine, based on the area’s air 

quality as of the attainment date, 

whether the area attained the standard 

by that date.’’ 

III. What is the air quality in the 

Louisville Area for the 1997 annual 

PM2.5 NAAQS for the 2007–2009 

monitoring period? 

Under EPA regulations at 40 CFR 

50.7, the 1997 annual primary and 

secondary PM2.5 standards are met when 

the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 μg/m3 at all relevant monitoring 

sites in the subject area. 

EPA reviewed the ambient air 

monitoring data for the Louisville Area 

in accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System database. This review 

addresses air quality data collected in 

the 3-year period from 2007–2009. The 

3-year period from 2007–2009 is the 

period EPA must consider for areas that 

had an applicable attainment date of 

April 5, 2010. 

TABLE 1—ANNUAL AVERAGE CONCENTRATIONS IN THE LOUISVILLE AREA (2007–2009) 

Site name County Site No. 

Annual average 

concentration 

(μg/m3) 

Jeffersonville ........................................................... Clark, IN ................................................................. 18–019–0006 14.6 

New Albany ............................................................. Floyd, IN ................................................................. 18–043–1004 13.1 

Shepherdsville ........................................................ Bullitt, KY ................................................................ 21–029–0006 13.0 

Wyandotte Park ...................................................... Jefferson, KY .......................................................... 21–111–0044 13.5 

37th & Southern ...................................................... Jefferson, KY .......................................................... 21–111–0043 13.4 

Watson Elementary ................................................ Jefferson, KY .......................................................... 21–111–0051 13.0 

As shown above in Table 1, during 

the 2007–2009 design period, the 

Louisville Area met the 1997 annual 

PM2.5 NAAQS. The official annual 

design value for the Louisville Area for 

the 2007–2009 period is 14.6 μg/m3. 

More detailed information on the 

monitoring data for the Louisville Area 

during the 2007–2009 design period is 

provided in EPA’s March 9, 2011, final 

rulemaking to approve the clean data 

determination for the Louisville Area for 

the 1997 annual PM2.5 NAAQS. See 76 

FR 12860. 

IV. What is the proposed action, and 

what is the effect of this action? 

This action is a proposed 

determination that the Louisville Area 

has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010, consistent with 

the CAA section 179(c)(1). Finalizing 

this proposed action would not 

constitute a redesignation of the 

Louisville Area to attainment of 1997 

annual PM2.5 NAAQS under section 

107(d)(3) of the CAA. Further, finalizing 

this proposed action does not involve 

approving a maintenance plan for the 

Louisville Area as required under 

section 175A of the CAA, nor would it 

find that the Louisville Area has met all 

other requirements for redesignation. 

Even if EPA finalizes today’s proposed 

action, the designation status of the 

Louisville Area would remain 

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 action to 

redesignate the Area. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this proposed 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); 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34937 

• 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 proposed 1997 annual 

average PM2.5 NAAQS data 

determination for the Louisville Area 

does not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIPs are not approved to apply in 

Indian country located in the states, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: May 23, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

Dated: June 3, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–14812 Filed 6–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0369; FRL–8874–3] 

Amitraz, Bentazon, Bifenthrin, 

Chlorfenapyr, Cyfluthrin, Deltamethrin, 

et al.; Proposed Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In accordance with current 

Agency practice to describe more clearly 

the measurement and scope or coverage 

of tolerances, EPA is proposing minor 

revisions to tolerance expressions for a 

number of pesticide active ingredients, 

including the insecticides amitraz, 

bifenthrin, chlorfenapyr, cyfluthrin, 

deltamethrin, esfenvalerate, 

fenpropathrin, and pyridaben; the 

fungicide metalaxyl; the herbicides 

bentazon, quizalofop ethyl, sodium 

acifluorfen, and tebuthiuron; and the 

plant growth regulator ethephon. Also, 

EPA proposes to remove several expired 

tolerances for quizalofop ethyl. 

DATES: Comments must be received on 

or before August 15, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0369, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

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

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

0369. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

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 regulations.gov or email. The 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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 docket index available 

at http://www.regulations.gov. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; e-mail address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II.A. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 


jlentini on DSK4TPTVN1PROD with PROPOSALS