55544 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 

(d) Determination of Attainment. EPA 

has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

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. 

Subpart KK—Ohio 

■ 4. Section 52.1880 is amended by 

adding paragraph (m) to read as follows: 

§ 52.1880 Control Strategy: Particulate 

matter. 

* * * * * 

(m) Determination of Attainment. 

EPA has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

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. 

■ 5. Section 52.1892 is added to read as 

follows: 

§ 52.1892 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Huntington-Ashland, West VirginiaKentucky-Ohio PM2.5 nonattainment 

Area attained the 1997 annual PM2.5

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 HuntingtonAshland PM2.5 nonattainment Area is 

not subject to the consequences of 

failing to attain pursuant to section 

179(d). 

Subpart XX—West Virginia 

■ 6. Section 52.2526 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2526 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of September 7, 

2011, that based upon 2007–2009 air 

quality data, the Huntington-Ashland, 

West Virginia-Kentucky-Ohio, 

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. 

■ 7. Section 52.2527 is added to read as 

follows: 

§ 52.2527 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Huntington-Ashland, West VirginiaKentucky-Ohio PM2.5 nonattainment 

Area attained the 1997 annual PM2.5

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 HuntingtonAshland PM2.5 nonattainment Area is 

not subject to the consequences of 

failing to attain pursuant to section 

179(d). 

[FR Doc. 2011–22653 Filed 9–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0414–201145; FRL– 

9459–5] 

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: Final rule. 

SUMMARY: EPA is determining that the 

bi-state Louisville, Kentucky-Indiana, 

fine particulate (PM2.5) nonattainment 

Area (hereafter referred to as ‘‘the 

Louisville Area’’) has attained the 1997 

annual PM2.5 national ambient air 

quality standards (NAAQS) by the 

applicable attainment date of April 5, 

2010. The determination of attainment 

was previously finalized by EPA on 

March 9, 2011, and was based on 

quality-assured and certified monitoring 

data for the 2007–2009 monitoring 

period. The Louisville Area is 

comprised of Jefferson County in 

Kentucky, and Clark, Floyd and a 

portion of Jefferson Counties in Indiana. 

EPA is determining to find that the 

above-identified Area attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date. EPA is finalizing this 

action because it is consistent with the 

Clean Air Act (CAA) and its 

implementing regulations. 

DATES: Effective Date: This final rule is 

effective on October 7, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0414. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. 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 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. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey or Sara Waterson, 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. Mr. 

Huey’s telephone number is (404) 562– 

9104. Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

Ms. Waterson may be reached by phone 

at (404) 562–9061 or via electronic mail 

at waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 


jlentini on DSK4TPTVN1PROD with RULES3
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 55545 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is EPA’s final action? 

IV. 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 is determining that the 

Louisville Area attained the 1997 

annual PM2.5 NAAQS by the applicable 

attainment date of April 5, 2010. 

On March 9, 2011, EPA published a 

final rulemaking to make a 

determination of attainment to suspend 

the requirements for the Louisville Area 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), reasonable 

further progress (RFP) plan, contingency 

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. This 

final rulemaking also includes useful 

background information on the PM2.5

NAAQS relevant to the Louisville Area. 

Today’s action makes a determination 

that the Louisville Area attained 

the1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. Today’s action is simply focused 

on the date by which the Area had 

attaining data. 

Other specific requirements of the 

determination and the rationale for 

EPA’s action are explained in the notice 

of proposed rulemaking (NPR) 

published on June 15, 2011 (76 FR 

34935). The comment period closed on 

July 15, 2011. No comments were 

received in response to the NPR. 

II. What is the effect of this action? 

Today’s action is a determination that 

the Louisville Area attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010, 

consistent with CAA section 179(c)(1). 

Finalizing this action does not 

constitute a redesignation of Louisville 

Area to attainment of the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the CAA. Further, finalizing this action 

does not involve approving 

maintenance plans 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. The 

designation status of the Louisville Area 

remains 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. 

III. What is EPA’s final action? 

EPA is determining, based on qualityassured and certified monitoring data 

for the 2007–2009 monitoring period, 

that the Louisville Area attained the 

1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. This action is being taken 

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

and is consistent with the CAA and its 

implementing regulations. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality, and 

would 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 1997 PM2.5 determination 

of attainment by applicable attainment 

date for the Louisville Area 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 7, 2011. Filing a 

petition for reconsideration by the 

Administrator of these final rules do not 

affect the finality of these actions 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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 18, 2011. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

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 P—Indiana 

■ 2. Section 52.774 is added to read as 

follows: 

§ 52.774 Determination of attainment. 

Based upon EPA’s review of the air 

quality data for the 3-year period 2007– 


jlentini on DSK4TPTVN1PROD with RULES3
55546 Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations 

2009, EPA determined that the 

Louisville, Kentucky-Indiana PM2.5

nonattainment Area attained the 1997 

annual PM2.5 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 Louisville 

PM2.5 nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

Subpart S—Kentucky 

■ 3. Section 52.929 is amended by 

adding paragraph (b) to read as follows: 

§ 52.929 Determination of attainment. 

* * * * * 

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

quality data for the 3-year period 2007– 

2009, EPA determined that the 

Louisville, Kentucky-Indiana PM2.5

nonattainment Area attained the 1997 

annual PM2.5 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 Louisville 

PM2.5 nonattainment Area is not subject 

to the consequences of failing to attain 

pursuant to section 179(d). 

[FR Doc. 2011–22649 Filed 9–6–11; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSK4TPTVN1PROD with RULES3