57186 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 27. Add § 721.10224 to subpart E to 

read as follows: 

§ 721.10224 Diglycidylaniline (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as diglycidylaniline (PMN 

P–10–9) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(3), (b) (concentration 

set at 0.1 percent), and (c). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (v)(1), (w)(1), and 

(x)(1). 

(iii) Release to water. Requirements as 

specified in § 721.90 (a)(1), (b)(1), and 

(c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (d), (e), (i), and (k) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

■ 28. Add § 721.10225 to subpart E to 

read as follows: 

§ 721.10225 Quino[2,3-b] acridine-7,14- 

dione, 2,9-dichloro-5,12-dihydro [4-[[2- 

(sulfooxy) ethyl] substituted] phenyl]-, 

sodium salt (1:1) (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as quino[2,3-b] acridine7,14-dione, 2,9-dichloro-5,12-dihydro 

[4-[[2-(sulfooxy) ethyl] substituted] 

phenyl]-, sodium salt (1:1) (PMN P–10– 

14) is subject to reporting under this 

section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in § 721.63 

(a)(1), (a)(2)(i), (a)(2)(iii), (a)(3), (b) 

(concentration set at 1.0 percent), and 

(c). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (j), (v)(1), (w)(1), 

and (x)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in § 721.125 

(a), (b), (c), (d), (e), and (i) are applicable 

to manufacturers, importers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to this section. 

[FR Doc. 2010–23415 Filed 9–17–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0203–201035; 

FRL–9202–9] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama: 

Birmingham; Determination of 

Attaining Data for the 2006 24-Hour 

Fine Particulate Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On February 24, 2010, the 

State of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted a 

request to EPA to make a determination 

that the Birmingham, Alabama, 

nonattainment area has attained the 

24-hour fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) based on quality assured, 

quality controlled monitoring data from 

2007–2009. The Birmingham, Alabama, 

2006 24-hour PM2.5 nonattainment area 

(hereafter referred to as ‘‘the 

Birmingham Area’’) is comprised of 

Jefferson and Shelby Counties in their 

entireties, and a portion of Walker 

County in Alabama. In this action, EPA 

is taking final action to determine that 

the Birmingham Area has attained the 

2006 24-hour PM2.5 NAAQS. This clean 

data determination is based upon 

complete, quality assured, quality 

controlled, and certified ambient air 

monitoring data for the years 2007–2009 

showing that the Birmingham Area has 

monitored attainment of the 2006 

24-hour PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on October 20, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2010–0203. 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 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: 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. Ms. 

Waterson may be reached by phone at 

(404) 562–9061 or via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. What is EPA’s final action? 

IV. What are the statutory and Executive 

order reviews? 

I. What action is EPA taking? 

EPA is taking final action to 

determine that the Birmingham Area 

(comprised of Jefferson and Shelby 

Counties in their entireties and a 

portion of Walker County) has attaining 

data for the 2006 24-hour PM2.5 NAAQS. 

This clean data determination is based 

upon quality assured, quality controlled 

and certified ambient air monitoring 

data that shows the Area has monitored 

attainment of the 2006 24-hour PM2.5

NAAQS based on the 2007–2009 data. 

While still preliminary, the available 

2010 24-hour PM2.5 data also monitored 

attainment for the 2006 24-hour PM2.5

standard. 

Other specific requirements of the 

clean data determination and the 

rationale for EPA’s action are explained 

in the notice of proposed rulemaking 

(NPR) published on June 14, 2010 (75 

FR 33562) and will not be restated here. 

The comment period closed on July 14, 

2010. No comments, adverse or 

otherwise, were received in response to 

the NPR. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Rules and Regulations 57187 

II. What is the effect of this action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this Area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the 2006 24-hour PM2.5 NAAQS as long 

as this Area continues to meet the 2006 

24-hour PM2.5 NAAQS. Finalizing this 

action does not constitute a 

redesignation of the Birmingham Area 

to attainment for the 2006 24-hour PM2.5

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

Clean Air Act (CAA). Further, finalizing 

this action does not involve approving 

maintenance plans for the Area as 

required under section 175A of the 

CAA, nor does it involve a 

determination that the Area has met all 

requirements for a redesignation. 

Additionally, this action is not in 

regards to the Birmingham Area’s status 

for the 1997 PM2.5 standard. 

III. What is EPA’s final action? 

EPA is taking final action to 

determine that the Birmingham Area 

has attaining data for the 2006 24-hour 

PM2.5 NAAQS. This clean data 

determination is based upon quality 

assured, quality controlled, and certified 

ambient air monitoring data showing 

that this Area has monitored attainment 

of the 2006 24-hour PM2.5 NAAQS 

during the period 2007–2009. This final 

action, in accordance with 40 CFR 

51.1004(c), will suspend the 

requirements for this Area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress plans, 

contingency measures, and other 

planning SIPs related to attainment of 

the 2006 24-hour PM2.5 NAAQS as long 

as the Area continues to meet the 2006 

24-hour PM2.5 NAAQS. EPA is taking 

this final action because it is in 

accordance with the CAA and EPA 

policy and guidance. 

IV. What are 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 CAA 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 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 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. 

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 19, 2010. 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 

attaining data for the 2006 24-hour fine 

particulate matter standard for the 

Birmingham 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. 

Dated: September 3, 2010 . 

A. Stanley Meiburg, 

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 B—Alabama 

■ 2. Section 52.62 is amended by adding 

(a) to read as follows: 

§ 52.62 Control strategy: Sulfur oxides and 

particulate matter. 

* * * * * 

(a) Determination of Attaining Data. 

EPA has determined, as of September 

20, 2010, the Birmingham, Alabama, 

nonattainment area has attaining data 

for the 2006 24-hour PM2.5 NAAQS. 

This clean data determination, in 

accordance with 40 CFR 51.1004(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 2006 24-hour 

PM2.5 NAAQS. 

[FR Doc. 2010–23318 Filed 9–17–10; 8:45 am] 

BILLING CODE 6560–50–P 


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