Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42223 

1For the initial PM area designations in 2009 (for 

the 2006 24-hour PM2.5 NAAQS), EPA used a 

designation category of ‘‘unclassifiable/attainment’’ 

for areas that had monitors showing attainment of 

the standard and were not contributing to nearby 

violations and for areas that did not have monitors 

but for which EPA had reason to believe were likely 

attaining the standard and not contributing to 

nearby violations. EPA used the category 

‘‘unclassifiable’’ for areas in which EPA could not 

determine, based upon available information, 

whether or not the NAAQS was being met and/or 

EPA had not determined the area to be contributing 

to nearby violations. EPA reserves the ‘‘attainment’’ 

category for when EPA redesignates a 

nonattainment area that has attained the relevant 

NAAQS and has an approved maintenance plan. 

2Although Alabama requested redesignation of 

the Area to ‘‘attainment,’’ EPA is redesignating the 

area to ‘‘unclassifiable/attainment’’ because, as 

noted above, EPA reserves the ‘‘attainment’’ 

category for when EPA redesignates a 

nonattainment area that has attained the relevant 

NAAQS and has an approved maintenance plan. 

requirements for certain sources and to 

meet reasonable progress requirements. 

[FR Doc. 2018–17448 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R04–OAR–2018–0173; FRL–9982– 

71—Region 4] 

Air Plan Approval and Air Quality 

Designation; AL; Redesignation of the 

Etowah County Unclassifiable Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On March 22, 2018, the State 

of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted a 

request for the Environmental 

Protection Agency (EPA) to redesignate 

the Etowah County, Alabama fine 

particulate matter (PM2.5) unclassifiable 

area (hereinafter referred to as the 

‘‘Etowah County Area’’ or ‘‘Area’’) to 

attainment for the 2006 primary and 

secondary 24-hour PM2.5 national 

ambient air quality standards (NAAQS). 

EPA is approving the State’s request and 

redesignating the Area to unclassifiable/ 

attainment for the 2006 primary and 

secondary 24-hour PM2.5 NAAQS based 

upon valid, quality-assured, and 

certified ambient air monitoring data 

showing that the PM2.5 monitor in the 

Area is in compliance with the 2006 

primary and secondary 24-hour PM2.5

NAAQS. 

DATES: This rule will be effective 

September 20, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0173. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

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 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Sanchez can 

be reached by telephone at (404) 562– 

9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 21, 2006, EPA revised 

the primary and secondary 24-hour 

NAAQS for PM2.5 at a level of 35 

micrograms per cubic meter (mg/m3), 

based on a 3-year average of the annual 

98th percentile of 24-hour PM2.5

concentrations. See 71 FR 61144 

(October 17, 2006). EPA established the 

standards based on significant evidence 

and numerous health studies 

demonstrating that serious health effects 

are associated with exposures to 

particulate matter. 

The process for designating areas 

following promulgation of a new or 

revised NAAQS is contained in section 

107(d)(1) of the Clean Air Act (CAA). 

EPA and state air quality agencies 

initiated the monitoring process for the 

1997 PM2.5 NAAQS in 1999, and 

deployed all air quality monitors by 

January 2001. On October 8, 2009, EPA 

designated areas across the country as 

nonattainment, unclassifiable, or 

unclassifiable/attainment 1 for the 2006 

24-hour PM2.5 NAAQS based upon air 

quality monitoring data from these 

monitors for calendar years 2006–2008. 

See 74 FR 58688. The monitor in the 

Etowah County Area had incomplete 

data for the 2006–2008 timeframe. 

Therefore, EPA designated Etowah 

County as unclassifiable for the 2006 24- 

hour PM2.5 NAAQS. Id. 

On March 22, 2018, Alabama 

submitted a request for EPA to 

redesignate the Etowah County Area to 

unclassifiable/attainment for the 2006 

24-hour PM2.5 NAAQS now that there is 

sufficient data to determine that the 

Area is in attainment. In a notice of 

proposed rulemaking (NPRM) published 

on June 1, 2018 (83 FR 25422), EPA 

proposed to approve the State’s 

redesignation request. The details of 

Alabama’s submittal and the rationale 

for EPA’s actions are further explained 

in the NPRM. EPA did not receive any 

adverse comments on the proposed 

action. 

II. Final Action 

EPA is approving Alabama’s 

redesignation request and redesignating 

the Etowah County Area from 

unclassifiable to unclassifiable/ 

attainment for the 2006 24-hour PM2.5

NAAQS.2

III. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to unclassifiable/attainment is an 

action that affects the status of a 

geographical area and does not impose 

any additional regulatory requirements 

on sources beyond those imposed by 

state law. A redesignation to 

unclassifiable/attainment does not in 

and of itself create any new 

requirements. Accordingly, this action 

merely redesignates an area to 

unclassifiable/attainment 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because redesignations are 

exempted under Executive Order 12866; 

• 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 


sradovich on DSK3GMQ082PROD with RULES
42224 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 

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 CAA; and 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

This final redesignation action is not 

approved to apply to any Indian 

reservation land or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 22, 2018. 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 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 8, 2018. 

Onis ‘‘Trey’’ Glenn, III 

Regional Administrator, Region 4. 

40 CFR part 81 is amended as follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.301, the table entitled 

‘‘Alabama-2006 24-Hour PM2.5 NAAQS 

(Primary and secondary)’’ is amended 

by revising the entry for ‘‘Etowah 

County’’ to read as follows: 

§ 81.301 Alabama. 

* * * * * 

ALABAMA-2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designation area 

Designation a Classification 

Date 1 Type Date Type 

*******

Etowah County ........................... August 21, 2018 ......................... Unclassifiable/Attainment ........... .............................. ..............................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2018–18034 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9982– 

57—Region 3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Ordnance Works Disposal Areas 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 3 announces the 

deletion of the Ordnance Works 

Disposal Areas Superfund Site (Site) 

located in Morgantown, West Virginia, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of West Virginia, through the 

West Virginia Department of 

Environmental Protection (WVDEP), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation and maintenance, 


sradovich on DSK3GMQ082PROD with RULES