[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Rules and Regulations]
[Pages 64949-64951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26446]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0459; A-1-FRL-9215-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Determination of Attainment of the 1997 Ozone Standard 
for the Providence, RI Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining that the Providence (All of Rhode 
Island) moderate 1997 8-hour ozone nonattainment area has attained the 
1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. 
This determination is based upon complete, quality-assured, certified 
ambient air monitoring data that show the area has monitored attainment 
of the 1997 8-hour ozone NAAQS for the 2007-2009 monitoring period. 
Preliminary data available to date for the 2010 ozone season is 
consistent with continued attainment. Under the provisions of EPA's 
ozone implementation rule, the requirements for this area to submit an 
attainment demonstration, a reasonable further progress plan, 
contingency measures, and other planning State Implementation Plans 
related to attainment of the 1997 8-hour ozone NAAQS shall be suspended 
for so long as the area continues to attain the 1997 ozone NAAQS. In 
addition, EPA is determining that this area has attained the 1997 ozone 
NAAQS as of June 15, 2010, its applicable attainment date.

DATES: Effective Date: This rule is effective on November 22, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2010-0459. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 
through http://www.regulations.gov or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, Office of Ecosystem Protection, Air Quality 
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact 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 legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, e-
mail <a href="/cdn-cgi/l/email-protection#52102720393a3320267c003b313a332036123722337c353d24"><span class="__cf_email__" data-cfemail="a7e5d2d5cccfc6d5d389f5cec4cfc6d5c3e7c2d7c689c0c8d1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What actions is EPA taking?
II. What is the effect of these actions?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is determining that the Providence (All of Rhode Island) 
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour 
ozone National Ambient Air Quality Standard (NAAQS). This determination 
is based upon complete, quality-assured and certified ambient air 
monitoring data that show the area has monitored attainment of the 1997 
ozone NAAQS

[[Page 64950]]

for the 2007-2009 monitoring period. In addition, preliminary data 
through June 15, 2010 show this area meets the 1997 ozone NAAQS. EPA is 
also determining, under section 181(b)(2)(A) of the Clean Air Act 
(CAA), that this area has attained the 1997 ozone NAAQS by its 
applicable attainment date (June 15, 2010).
    Other specific details related to the determination and the 
rationale for EPA's action are explained in the Notice of Proposed 
Rulemaking (NPR) published on July 28, 2010 (75 FR 44179) and will not 
be restated here. No comments were received on the NPR.

II. What is the effect of these actions?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), the determination that the area is attaining the standard 
suspends the requirements for the Providence (All of Rhode Island) 
moderate ozone nonattainment area to submit an attainment 
demonstration, a reasonable further progress plan, section 172(c)(9) 
contingency measures, and any other planning State Implementation Plans 
(SIPs) related to attainment of the 1997 8-hour ozone NAAQS for so long 
as the area continues to attain the 1997 ozone NAAQS.
    This action does not constitute a redesignation to attainment under 
CAA section 107(d)(3), because the area does not have an approved 
maintenance plan as required under section 175A of the CAA, nor a 
determination that the area has met the other requirements for 
redesignation. The classification and designation status of the area 
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until 
such time as EPA determines that it meets the CAA requirements for 
redesignation to attainment. If EPA subsequently determines, after 
notice-and-comment rulemaking in the Federal Register, that the area 
has violated the 1997 8-hour ozone standard, the basis for the 
suspension of these requirements would no longer exist, and the area 
would thereafter have to address the pertinent requirements.
    In addition, in accordance with CAA section 181(b)(2)(A), EPA is 
determining that the Providence (All of Rhode Island) 1997 8-hour ozone 
nonattainment area has attained the 1997 ozone NAAQS by its applicable 
attainment date of June 15, 2010. The effect of this determination of 
attainment by the area's attainment date is to discharge EPA's 
obligation under section 181(b)(2)(A), and to establish that, in 
accordance with that section, the area will not be reclassified for 
failure to attain by its applicable attainment date.

III. Final Action

    EPA is determining that the Providence (All of Rhode Island) 8-hour 
ozone nonattainment area has attained the 1997 8-hour ozone standard 
based on three years of complete, quality-assured and certified ozone 
monitoring data from 2007-2009. Preliminary data available through June 
15, 2010 are consistent with continued attainment. As provided in 40 
CFR 51.918, this determination suspends the requirements for Rhode 
Island to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures under section 172(c)(9), and any 
other planning SIP related to attainment of the 1997 8-hour ozone NAAQS 
for this area, for so long as the area continues to attain the 1997 
ozone standard. In addition, pursuant to CAA section 181(b)(2)(A), EPA 
is determining that the Providence (All of Rhode Island) 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone NAAQS by its 
applicable attainment date (June 15, 2010).

IV. Statutory and Executive Order Reviews

    These actions make a determination of attainment based on air 
quality, and result in the suspension of certain Federal requirements, 
and do not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
    <bullet> Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
    <bullet> Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Are 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.);
    <bullet> Do 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);
    <bullet> Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Are 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 Clean Air Act; and
    <bullet> Do 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, these actions do 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 these actions 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 20, 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 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,

[[Page 64951]]

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: October 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart OO--Rhode Island

0
2. Section 52.2088 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.2088  Control strategy: Ozone.

* * * * *
    (d) Determination of Attainment. Effective November 22, 2010, EPA 
is determining that the Providence (All of Rhode Island) 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone standard based on 
2007-2009 monitoring data. Under the provisions of EPA's ozone 
implementation rule (see 40 CFR 51.918), this determination suspends 
the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act for as long as the area does not monitor 
any violations of the 1997 8-hour ozone standard. If a violation of the 
1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 
8-hour ozone nonattainment area, this determination shall no longer 
apply. In addition, this area met its June 15, 2010 attainment deadline 
for the 1997 ozone standard.

[FR Doc. 2010-26446 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P


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