62640 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 

Name of non-regulatory SIP 

revision 

Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

1997 8–Hour Ozone 

NAAQS.

Statewide ............ 12/10/07 

12/13/07 

6/8/10 

6/9/10 

10/11/11 .................................

[Insert page number where 

the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), 

(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the.

1997 PM2.5 NAAQS ...............

Statewide ............ 7/10/08 

9/2/08 

6/8/10 

6/9/10 

4/1/08 

10/11/11 .................................

[Insert page number where 

the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), 

(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). 

Section 110(a)(2) Infrastructure Requirements for the 

2006 PM2.5 NAAQS.

Statewide ............ 8/30/10 

4/1/11 

10/11/11 .................................

[Insert page number where 

the document begins].

This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), 

(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). 

[FR Doc. 2011–26095 Filed 10–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0454; FRL9477–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Attainment 

and Determination of Clean Data for 

the Annual 1997 Fine Particle Standard 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two 

determinations regarding the 

Charleston, West Virginia fine 

particulate matter (PM2.5) nonattainment 

area (hereafter referred to as ‘‘Charleston 

Area’’ or ‘‘Area’’). First, EPA is 

determining that the Area has attained 

the 1997 annual average PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). This determination of 

attainment is based upon complete, 

quality-assured, and certified ambient 

air monitoring data for the 2007–2009 

period showing that the Charleston Area 

has attained the 1997 annual PM2.5

NAAQS and data available to date for 

2010 in EPA’s Air Quality System (AQS) 

database that show the area continues to 

attain. EPA’s determination releases the 

Charleston Area from the requirements 

to submit attainment demonstrations 

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 for 

so long as the Area continues to attain 

the annual PM2.5 NAAQS. Second, EPA 

is determining based on quality-assured 

and certified monitoring data for the 

2007–2009 monitoring period that the 

area has attained the 1997 annual PM2.5

NAAQS, by its applicable attainment 

date of April 5, 2010. 

DATES: Effective Date: This final rule is 

effective on November 10, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0454. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

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 Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking? 

II. What are the effects of these actions? 

III. Statutory and Executive Order Reviews. 

I. What actions is EPA taking? 

In accordance with section 179(c)(1) 

of the Clean Air Act (CAA), 42 U.S.C. 

section 7509(c)(1), and 40 Code of 

Federal Regulations (CFR) section 

51.1004(c), EPA is determining that the 

Charleston Area (composed of Kanawha 

and Putnam Counties) has attained the 

1997 annual PM2.5 NAAQS. This action 

is based upon complete, qualityassured, and certified ambient air 

monitoring data for the 2007–2009 

monitoring period that show that the 

Area has monitored attainment of the 

1997 annual PM2.5 NAAQS and data 

available to date for 2010 that show the 

Area continues to attain. EPA is also 

determining, in accordance with EPA’s 

PM2.5 Implementation Rule of April 25, 

2007 (72 FR 20664), that the Charleston 

Area has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. 

EPA published in the Federal 

Register its proposed determination for 

the Charleston Area on July 15, 2011 (76 

FR 41739). A discussion of the rationale 

behind this determination and the effect 

of the determination was included in 

the notice of proposed rulemaking. EPA 

received no comments on this notice of 

proposed rulemaking. 

II. What are the effects of these actions? 

In determining the Charleston Area 

attained the 1997 annual PM2.5 standard 

by its applicable attainment date (April 

5, 2010), EPA has met its requirement 

pursuant to 179(c)(1) of the CAA to 

make a determination based on the 

Area’s air quality data as of the 

attainment date whether the Area 

attained the standard by that date. This 

action does not constitute a 

redesignation of the Area to attainment 

of the 1997 annual PM2.5 NAAQS under 

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

this action does not involve approving 

maintenance plans for the Area as 

required under section 175A of the 

CAA, nor does it find that the Area has 

met all other requirements for 

redesignation. Even after a 

determination of attainment by EPA, the 

designation status of the Charleston 

Area is nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the Area meets the 

CAA requirements for redesignation to 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 62641 

attainment and takes action to 

redesignate the Charleston Area. 

EPA’s clean data determination 

releases the Charleston Area from the 

requirement to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS for so long as the Charleston 

Area continues to attain the 1997 annual 

PM2.5 NAAQS. See 40 CFR 51.1004(c). 

After a final clean data determination, 

if EPA determines that the Area has 

violated the 1997 annual PM2.5 NAAQS, 

the basis for the suspension of the 

specific requirements would no longer 

exist for the Charleston Area and it 

would thereafter have to address the 

applicable requirements. See 40 CFR 

51.1004(c). The two actions regarding 

the Charleston Area’s attainment are 

only with respect to the 1997 annual 

PM2.5 NAAQS. Today’s actions do not 

address the 24-hour PM2.5 NAAQS. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 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 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 December 12, 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 

pertaining to the determination of 

attainment and clean data determination 

for the Charleston Area 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, Reporting 

and recordkeeping requirements. 

Dated: September 27, 2011. 

W. C. Early, 

Acting, Regional Administrator, Region III. 

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 XX—West Virginia 

■ 2. In § 52.2526, paragraph (e) is added 

to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(e) Determination of Attainment. EPA 

has determined, as of October 11, 2011, 

that based on 2007 to 2009 ambient air 

quality data, the Charleston 

nonattainment area has attained 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. 

■ 3. In § 52.2527, paragraph (c) is added 

to read as follows: 

§ 52.2527 Determination of attainment. 

* * * * * 

(c) Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Charleston fine particle (PM2.5) 

nonattainment area attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date of April 5, 

2010. Therefore, EPA has met the 

requirement pursuant to CAA section 

179(c) to determine, based on the area’s 

air quality as of the attainment date, 

whether the area attained the standard. 

EPA also determined that the Charleston 

PM2.5 nonattainment area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2011–26093 Filed 10–7–11; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSK4TPTVN1PROD with RULES