45568 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0450; FRL–9182–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

Minnesota’s request to amend its State 

Implementation Plan (SIP) for sulfur 

dioxide (SO2). The Minnesota Pollution 

Control Agency submitted the SIP 

revision request to EPA on May 7, 2010. 

The proposed approval revises the 

Minnesota SIP by updating information 

regarding the heat and steam distributor 

facility located in Fridley, Minnesota. 

The source, formerly operated as United 

Defense, LP, Inc. was sold and is now 

operating as ELT Minneapolis, LLC. The 

revision replaces the joint Title I/Title V 

document currently approved in the SIP 

for the facility to reflect the change in 

ownership. These revisions do not 

change any of the SO2 control 

requirements and will not result in an 

increase in SO2 emissions at the facility 

because no emission limits were 

increased. 

DATES: Comments must be received on 

or before September 2, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0450, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 629–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules section of this Federal Register, 

EPA is approving the State’s SIP 

submittal as a direct final rule without 

prior proposal because EPA views this 

as a noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: July 19, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–18565 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0228–201015; FRL– 

9184–3] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Tennessee: 

Knoxville; Determination of Attainment 

for the 1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On February 19, 2010, the 

State of Tennessee, through the 

Tennessee Department of Environment 

and Conservation (TDEC), submitted a 

request to EPA to make a determination 

that the Knoxville, Tennessee 

nonattainment area has attained the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) based on 

quality assured, quality controlled 

monitoring data from 2007–2009. The 

Knoxville, Tennessee 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Knoxville Area’’) is comprised of 

Anderson, Blount, Jefferson, Knox, 

Loudon and Sevier Counties in their 

entireties and a portion of Cocke County 

(Great Smoky Mountain National Park) 

in Tennessee. In this action, EPA is 

proposing to determine that the 

Knoxville Area has attained the 1997 8- 

hour ozone NAAQS. This proposed 

determination is based upon complete, 

quality assured, quality controlled, and 

certified ambient air monitoring data for 

the years 2007–2009 showing that the 

Knoxville Area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS. Preliminary air quality 

monitoring data available for 2010 are 

consistent with continued attainment. If 

this proposed determination is made 

final, the requirement for the State of 

Tennessee 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 

Plans (SIPs) related to attainment of the 

1997 8-hour ozone NAAQS for the 

Knoxville, Tennessee 8-hour ozone 

nonattainment area, shall be suspended 

for as long as the Knoxville Area 

continues to meet the 1997 8-hour 

ozone NAAQS. 

DATES: Written comments must be 

received on or before September 2, 

2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0228 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–2007–0228,’’ 

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: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45569 

1Contingency measures associated with a 

maintenance plan (such as if the State opts to 

redesignate this Area to attainment for the 1997 8- 

hour ozone NAAQS) would still be required. 

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–2007– 

0228. 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 by 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: 

Twunjala Bradley, 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. 

Bradley may be reached by phone at 

(404) 562–9352 or via electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is the background for this action? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Knoxville Area has attained the 

1997 8-hour ozone NAAQS. The 

Knoxville Area is comprised of 

Anderson, Blount, Jefferson, Knox, 

Loudon and Sevier Counties in their 

entireties and a portion of Cocke County 

(Great Smoky Mountains National Park) 

in Tennessee. EPA’s determination is 

based upon complete, quality assured, 

quality controlled, and certified ambient 

air monitoring data for the years 2007– 

2009 showing that the Knoxville Area 

has monitored attainment of the 1997 8- 

hour ozone NAAQS. Preliminary air 

quality monitoring data available for 

2010 are consistent with continued 

attainment. On March 12, 2008, EPA 

promulgated a revised 8-hour ozone 

NAAQS (also known as the 2008 8-hour 

ozone NAAQS). Subsequently, on 

January 19, 2010, EPA published a 

proposed rule to reconsider the 2008 8- 

hour ozone NAAQS, and to promulgate 

a revised (2010) 8-hour ozone NAAQS. 

Today’s rulemaking does not address 

requirements for, or future revisions to, 

the 2008 or proposed 2010 8-hour ozone 

NAAQS. 

II. What is the effect of this action? 

If this determination is made final, 

under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), the requirements for the State 

of Tennessee to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures,1 and 

any other planning SIPs related to 

attainment of the 1997 8-hour ozone 

NAAQS for the Knoxville Area, shall be 

suspended for as long as the Area 

continues to meet the 1997 8-hour 

ozone NAAQS. 

On January 16, 2009 (74 FR 2936), 

EPA published a proposed rulemaking 

to address, among other issues, the 

United States Court of Appeals for the 

District of Columbia Circuit’s (DC 

Circuit) vacatur of the classification 

system that EPA used to designate a 

subset of initial 1997 8-hour ozone 

nonattainment areas under title I, part 

D, subpart 1 of the Clean Air Act (CAA). 

In that rulemaking, EPA proposed that 

all areas designated nonattainment for 

the 1997 8-hour ozone NAAQS under 

subpart 1 would be classified as subpart 

2 areas (hereafter referred to as the 

‘‘Subpart 1/Subpart 2 1997 8-Hour 

Ozone Rulemaking’’). The Knoxville 

Area is among those areas that would be 

classified if EPA’s proposal is finalized. 

EPA has not yet completed its final 

rulemaking action for the Subpart 1/ 

Subpart 2 1997 8-Hour Ozone 

Rulemaking. When the Subpart 1/ 

Subpart 2 1997 8-Hour Ozone 

Rulemaking is finalized, and if the 

Knoxville Area continues in attainment 

for the 1997 8-hour ozone NAAQS, EPA 

will address in a future rulemaking the 

consequences of a determination of 

attainment for any requirements to 

which the Knoxville Area becomes 

subject as a result of its reclassification. 

If after the Knoxville Area is classified 

under Subpart 2, EPA determines in a 

future rulemaking that the Knoxville 

Area continues to be in attainment, then 

the obligation to submit the pertinent 

attainment-related requirements for its 

new classification would be suspended 

in accordance with 40 CFR 50.918. 

As further discussed below, the 

proposed determination (the subject of 

this rulemaking) for the Knoxville Area 

would: (1) Suspend the requirement to 

submit an attainment demonstration 

and associated RACM (including 

reasonably available control 

technologies), RFP plan, contingency 

measures, and any other planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS; (2) continue until such 

time, if any, that EPA subsequently 

determines that the Knoxville Area has 

violated the 1997 8-hour ozone NAAQS; 

(3) be separate from, and not influence 

or otherwise affect, any future 

designation determination or 


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45570 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

2As noted above, at this time the proposed 

determination of attainment, if finalized, would 

suspend only those requirements related to 

attainment that are currently applicable to the 

Knoxville Area. 

requirements for the Knoxville Area 

based on the revised or reconsidered 

2008 8-hour ozone NAAQS or the 

proposed 2010 ozone NAAQS; and (4) 

remain in effect regardless of whether 

EPA designates the Knoxville Area as a 

nonattainment area for purposes of the 

revised or reconsidered 2008 8-hour 

ozone NAAQS or proposed 2010 8-hour 

ozone NAAQS.2 Furthermore, as 

described below, a final clean data 

determination is not equivalent to the 

redesignation of the Knoxville Area to 

attainment for the 1997 8-hour ozone 

NAAQS. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the Knoxville 

Area has violated the 1997 8-hour ozone 

NAAQS, the basis for the suspension of 

the specific requirements, set forth at 40 

CFR 51.918, would no longer exist, and 

the Knoxville Area would thereafter 

have to address pertinent requirements. 

The determination that EPA proposes 

with this Federal Register notice is not 

equivalent to a redesignation of the 

Knoxville Area to attainment. Finalizing 

this proposed action would not 

constitute a redesignation of the Area to 

attainment of the 1997 8-hour ozone 

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

CAA. Further, finalizing this proposed 

action does not involve approving 

maintenance plans for this Area as 

required under section 175A of the 

CAA, or would a determination that the 

Area has met all other requirements for 

redesignation. The designation status of 

the Knoxville Area would remain 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that it meets the CAA 

requirements for redesignation to 

attainment. The State of Tennessee is 

currently working on a redesignation 

request and maintenance plan to change 

the Knoxville Area’s status from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS. EPA will 

consider Tennessee’s redesignation 

request and maintenance plan for the 

Knoxville Area in a rulemaking separate 

from today’s proposed action. 

This proposed action, if finalized, is 

limited to a determination that the 

Knoxville Area has attained the 1997 8- 

hour ozone NAAQS. As noted above, 

the 1997 8-hour ozone NAAQS became 

effective on July 18, 1997 (62 FR 38894), 

and are set forth at 40 CFR 50.10. On 

March 12, 2008, EPA promulgated 

revised 8-hour ozone NAAQS. 

Subsequently, on January 19, 2010, EPA 

published a proposed rule to reconsider 

the 2008 8-hour ozone NAAQS (75 FR 

2938) and to propose a revised 2010 

NAAQS. In view of these actions, EPA 

extended the deadline to make 

designation determinations for the 2008 

8-hour ozone NAAQS. EPA has not yet 

made any designation determination for 

the Knoxville Area based on the revised 

2008 8-hour ozone or proposed 2010 

ozone NAAQS. Today’s proposed 

determination for the Knoxville Area, 

and any final determination, will have 

no effect on, and is not related to, any 

future designation determination that 

EPA may make based on the revised or 

reconsidered 2008 or proposed 2010 8- 

hour ozone NAAQS for the Knoxville 

Area. Conversely, any future 

designation determination for the 

Knoxville Area, based on the revised or 

reconsidered 2008 or 2010 proposed 8- 

hour ozone NAAQS, will not have any 

effect on the determination proposed by 

this notice. 

If this proposed determination is 

made final and the Knoxville Area 

continues to demonstrate attainment 

with the 1997 8-hour ozone NAAQS, the 

obligation for the State of Tennessee to 

submit for the Knoxville Area an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS will 

remain suspended regardless of whether 

EPA designates the Knoxville Area as a 

nonattainment area for purposes of the 

revised or reconsidered 2008 or 

proposed 2010 8-hour ozone NAAQS. 

Once the Knoxville Area is designated 

for the revised or reconsidered 2008 or 

proposed 2010 NAAQS, it will have to 

meet all applicable requirements for that 

designation. 

III. What is the background for this 

action? 

On July 18, 1997 (62 FR 38894), EPA 

promulgated a revised 8-hour ozone 

standard of 0.08 parts per million (ppm) 

for both the primary and secondary 

standards. These standards are more 

stringent than the previous 1-hour 

ozone standards. Under EPA regulations 

at 40 CFR part 50, the 8-hour ozone 

NAAQS is attained when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ambient 

air quality ozone concentrations is less 

than or equal to 0.08 ppm (i.e., 0.084 

ppm when rounding is considered). 

Ambient air quality monitoring data for 

the 3-year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90 percent, and no single year has less 

than 75 percent data completeness as 

determined in Appendix I of part 50. 

Specifically, section 2.3 of 40 CFR part 

50, Appendix I, ‘‘Comparisons with the 

Primary and Secondary Ozone 

Standards’’ states: 

‘‘The primary and secondary ozone 

ambient air quality standards are met at 

an ambient air quality monitoring site 

when the 3-year average of the annual 

fourth-highest daily maximum 8-hour 

average ozone concentration is less than 

or equal to 0.08 ppm. The number of 

significant figures in the level of the 

standard dictates the rounding 

convention for comparing the computed 

3-year average annual fourth-highest 

daily maximum 8-hour average ozone 

concentration with the level of the 

standard. The third decimal place of the 

computed value is rounded, with values 

equal to or greater than 5 rounding up. 

Thus, a computed 3-year average ozone 

concentration of 0.085 ppm is the 

smallest value that is greater than 0.08 

ppm.’’ 

On April 30, 2004 (69 FR 23857), EPA 

published its air quality designations 

and classifications for the 1997 8-hour 

ozone NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003 (84 FR 

23858). These designations became 

effective on June 15, 2004. The 

Knoxville Area is comprised of a 

portion of Cocke County (Great Smoky 

Mountains National Park), and the 

entire counties of Anderson, Blount, 

Jefferson, Knox, Loudon and Sevier; and 

was designated nonattainment for the 

1997 8-hour ozone NAAQS (see 40 CFR 

part 81). 

On February 19, 2010, the State of 

Tennessee, through TDEC, submitted a 

request to EPA to make a determination 

that the Knoxville Area has attained the 

1997 8-hour ozone NAAQS based on 

complete, quality assured, quality 

controlled monitoring data from 2007 

through 2009. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

EPA has reviewed the three most 

recent years of complete, certified, 

quality assured and quality controlled 

ambient air monitoring data for the 1997 

8-hour ozone NAAQS, consistent with 

the requirements contained in 40 CFR 

part 50, as recorded in the EPA Air 

Quality System (AQS) database for the 

Knoxville Area. Based on that review, 

EPA has concluded that the Knoxville 

Area attained the 1997 8-hour ozone 

NAAQS during the 2007–2009 

monitoring period. Under EPA 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45571 

regulations at 40 CFR 50.10, the 1997 8- 

hour primary and secondary ozone 

ambient air quality standards are met at 

an ambient air quality monitoring site 

when the three-year average of the 

annual fourth-highest daily maximum 8- 

hour average concentration is less than 

or equal to 0.08 ppm, as determined in 

accordance with appendix I of 40 CFR 

part 50. 

Table 1 shows the design values (the 

metrics calculated in accordance with 

40 CFR part 50, appendix I, for 

determining compliance with the 

NAAQS) for the 1997 8-hour ozone 

NAAQS for the Knoxville Area monitors 

for the years 2007–2009. 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE KNOXVILLE, TENNESSEE NONATTAINMENT AREA FOR THE 1997 8-HOUR

OZONE NAAQS 

Location AQS site ID 2007 

(ppm) 

2008 

(ppm) 

2009 

(ppm) 

2007–2009 

design value 

(ppm) 

Anderson County ........... Freels Bend Study Area (470010101–1) ............ 0.080 0.073 0.065 0.072 

Blount County ................ Look Rock, GSMNP (470090101–1) ................... 0.088 0.082 0.069 0.079 

Cades Cove, GSMNP (470090102–1) ................ 0.074 0.071 0.062 0.069 

Jefferson County ........... 1188 Lost Creek Road (470890002–1) ............... 0.085 0.075 0.068 0.076 

Knox County .................. 9315 Rutledge Pike (470930021–1)) .................. 0.087 0.079 0.066 0.077 

4625 Mildred Drive (470931020–1) ..................... 0.092 0.086 0.068 0.082 

Loudon County .............. 130 Webb Drive (471050109–1) ......................... 0.088 0.077 0.067 0.077 

Sevier County ................ Cove Mountain, GSMNP (471550101–1) ........... 0.088 0.079 0.070 0.079 

EPA’s review of these data indicates 

that the Knoxville Area has met and 

continues to meet the 1997 8-hour 

ozone NAAQS. Preliminary air quality 

monitoring data available for 2010 also 

continue to demonstrate attainment. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

V. Proposed Action 

EPA is proposing to determine that 

the Knoxville, Tennessee, 1997 8-hour 

nonattainment area has attained the 

1997 8-hour ozone NAAQS based on 

2007–2009 complete, quality-assured, 

quality-controlled and certified 

monitoring data. As provided in 40 CFR 

51.918, if EPA finalizes this 

determination, it would suspend the 

requirements for the State of Tennessee 

to submit, for the Knoxville Area, an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 8-hour ozone NAAQS as long 

as the Area continues to attain the 1997 

8-hour ozone NAAQS. 

VI. 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 Act 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, this proposed 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 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); 

• 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 action does 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Volatile 

organic compounds. 

Dated: July 23, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–19052 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0590; FRL–9184–7] 

Determination of Attainment for PM10

for the Las Vegas Valley 

Nonattainment Area, NV 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to determine 

that the Las Vegas Valley nonattainment 

area in Nevada attained the National 

Ambient Air Quality Standard (NAAQS) 

for particulate matter with an 

aerodynamic diameter of less than or 

equal to a nominal ten micrometers 

(PM10) by the applicable attainment date 

(December 31, 2006), and that the Las 

Vegas Valley nonattainment area is 

currently attaining the standard. 


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