33650 Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 

1On March 8, 2011, EPA proposed to approve the 

Oregon interstate transport SIP provisions 

addressing interference with any other state’s 

required measures to protect visibility. See 76 FR 

12651 (March 8, 2011). 

■ 2. Section 52.726 is amended by 

adding paragraph (jj) to read as follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(jj) Determination of Attainment. EPA 

has determined, as of June 9, 2011, that 

the St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. 

Subpart AA—Missouri 

2. Section 52.1342 is added to subpart 

AA to read as follows: 

§ 52.1342 Control strategy: Ozone. 

Determination of Attainment. EPA has 

determined, as of June 9, 2011, that the 

St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. 

[FR Doc. 2011–14296 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0003; FRL–9316–9] 

Approval and Promulgation of 

Implementation Plans; Oregon; 

Interstate Transport of Pollution; 

Significant Contribution to 

Nonattainment and Interference With 

Maintenance Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a portion of 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Oregon for the purpose of addressing 

certain provisions of the interstate 

transport provisions of Clean Air Act 

(CAA) section 110(a)(2)(D)(i)(I) for the 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS or 

standards) and the 1997 fine particulate 

matter (PM2.5) NAAQS. Section 

110(a)(2)(D)(i) of the CAA requires that 

each State have adequate provisions to 

prohibit air emissions from adversely 

affecting air quality in other States 

through interstate transport. EPA is 

taking final action to approve Oregon’s 

SIP revision for the 1997 8-hour ozone 

NAAQS and 1997 PM2.5 NAAQS as 

meeting the requirements of CAA 

section 110(a)(2)(D)(i)(I) to prohibit 

emissions that will contribute 

significantly to nonattainment of the 

these standards in any other State and 

to prohibit emissions that will interfere 

with maintenance of these standards by 

any other State. 

DATES: Effective Date: This action is 

effective on July 11, 2011. 

ADDRESSES: Copies of the State’s SIP 

revision and other information 

supporting this action are available for 

inspection at EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, EPA Region 10, Office of 

Air, Waste, and Toxics (AWT–107), 

1200 Sixth Avenue, Seattle, Washington 

98101, or at (206) 553–6706. 

SUPPLEMENTARY INFORMATION: 

Throughout this notice, the words ‘‘we’’, 

‘‘us’’, or ‘‘our’’ means the Environmental 

Protection Agency (EPA). 

Table of Contents 

I. What action is EPA taking? 

II. What is the background for this action? 

III. Public Comments on the Proposed Action 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving a portion of 

Oregon’s Interstate Transport State 

Implementation Plan (SIP) revision for 

the 1997 8-hour ozone NAAQS and 

1997 PM2.5 NAAQS submitted by the 

Oregon Department of Environmental 

Quality (ODEQ) on June 23, 2010 and 

December 23, 2010. Specifically, we are 

approving the portion of the interstate 

transport SIP revision that addresses the 

following elements of CAA section 

110(a)(2)(D)(i): (1) Significant 

contribution to nonattainment of these 

NAAQS in any other state; and (2) 

interference with maintenance of these 

NAAQS by any other state. EPA will 

address element (3), interference with 

any other state’s required measures to 

prevent significant deterioration (PSD) 

of its air quality; and element (4), 

interference with any other state’s 

required measures to protect visibility 

in separate actions.1 This action does 

not address the requirements of the 

2006 PM2.5 NAAQS or the 2008 8-hour 

ozone NAAQS; those standards will be 

addressed in future actions. 

II. What is the background for this 

action? 

On July 18, 1997, EPA promulgated 

new standards for 8-hour ozone and fine 

particulate matter (PM2.5). Section 

110(a)(1) of the CAA requires states to 

submit SIPs to address a new or revised 

NAAQS within three years after 

promulgation of such standards, or 

within such shorter period as EPA may 

prescribe. Section 110(a)(2) lists the 

elements that such new SIPs must 

address, as applicable, including section 

110(a)(2)(D)(i) which pertains to 

interstate transport of certain emissions. 

On June 23, 2010, the State of Oregon 

submitted a SIP revision addressing the 

requirements of section 110(a)(2)(D)(i) 

for both the 1997 8-hour ozone NAAQS 

and 1997 PM2.5 NAAQS. In this 

rulemaking EPA is addressing the first 

two elements of section 110(a)(2)(D)(i): 

(1) Significant contribution to 

nonattainment of these NAAQS in any 

other state, and (2) interference with 

maintenance of these NAAQS by any 

other state. On April 7, 2011, EPA 

published a proposal to approve the 

portion of Oregon’s SIP submission that 

addresses these two elements. 76 FR 

19292. 

III. Public Comments on the Proposed 

Action 

EPA provided a 30-day review and 

comment period and solicited 

comments on our proposal published on 

April 7, 2011. 76 FR 19292. EPA 

received no comments on this proposed 

action. 

IV. Final Action 

EPA is approving the revisions to the 

Oregon SIP as discussed in our 

proposed action and concludes that for 

the 1997 8-hour ozone NAAQS and 

1997 PM2.5 NAAQS, air pollutant 

emissions from sources within Oregon 

do not either (1) significantly contribute 

to nonattainment of the NAAQS in any 

other state; or (2) interfere with 

maintenance of the NAAQS by any 

other state. 

As noted previously, EPA will 

address element (3) interference with 

any other state’s required measures to 

prevent significant deterioration of its 

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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Rules and Regulations 33651 

air quality and element (4), interference 

with any other state’s required measures 

to protect visibility, in a separate action. 

EPA will also take action on the portion 

of Oregon’s SIP that addresses the 2006 

PM2.5 NAAQS and the 2008 8-hour 

ozone NAAQS in a separate action. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does 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.); 

• 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 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 8, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 27, 2011. 

Michelle L. Pirzadeh, 

Acting Regional Administrator Region 10. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 MM—Oregon 

■ 2. Section 52.1989 is added to read as 

follows: 

§ 52.1989 Interstate Transport for the 1997 

8-hour ozone NAAQS and 1997 PM2.5

NAAQS. 

(a) On June 23, 2010 and December 

23, 2010, the Oregon Department of 

Environmental Quality submitted a SIP 

revision, adopted by the Oregon 

Environmental Quality Commission on 

April 30, 2010, to meet the requirements 

of Clean Air Act section 110(a)(2)(D)(i). 

EPA approves the portion of this 

submittal relating to significant 

contribution to nonattainment of the 

NAAQS in any other state and 

interference with maintenance of the 

NAAQS by any other state. 

(b) [Reserved.] 

[FR Doc. 2011–14199 Filed 6–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2007–0406, FRL–9316–7] 

Approval and Promulgation of 

Implementation Plans; ID 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Idaho State Implementation Plan 

(SIP) that were submitted to EPA by the 

State of Idaho on April 16, 2007. This 

SIP submittal includes new and revised 

rules which provide the Idaho 

Department of Environmental Quality 

(IDEQ) the regulatory authority to 

address regional haze and to implement 

Best Available Retrofit Technology 

(BART) requirements. 

DATES: This action is effective on July 

11, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2007–0406. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be 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 http:// 

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