
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69589-69591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0659; FRL-9225-6]


Approval and Promulgation of Air Quality Implementation Plans; 
New York, New Jersey, and Connecticut; Determination of Attainment of 
the 1997 Fine Particle Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that 
the New York-Northern New Jersey-Long Island, NY-NJ-CT fine particle 
(PM2.5) nonattainment area for the 1997 fine particle 
National Ambient Air Quality Standard (NAAQS) has attained the 1997 
PM2.5 NAAQS.

DATES: Effective Date: This rule will become effective on December 15, 
2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R02-OAR-2010-0659. 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 Air Programs Branch, U.S. Environmental 
Protection Agency, Region II, 290 Broadway, New York, New York 10007.

FOR FURTHER INFORMATION CONTACT: Henry Feingersh, (212) 637-3382, or by 
e-mail at feingersh.henry@epa.gov if you have questions related to New 
York or New Jersey. If you have questions related to Connecticut, 
please contact Alison C. Simcox, (617) 918-1684, or by e-mail at 
simcox.alison@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.
    The SUPPLEMENTARY INFORMATION section is arranged as follows:

I. What action is EPA taking?
II. What comments were received and what is EPA's response?
III. What is the effect of this action?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the New York-Northern New Jersey-Long 
Island, NY-NJ-CT fine particle (PM2.5) nonattainment area, 
referred to from this point forward as the NY-NJ-CT fine particle 
(PM2.5) nonattainment area, for the 1997 PM2.5 
NAAQS has attained the 1997 PM2.5 NAAQS. This determination 
is based upon quality assured, quality controlled and certified ambient 
air monitoring data that show the area has monitored attainment of the 
1997 PM2.5 NAAQS for the 2007-2009 monitoring period. Other 
specific requirements of the determination and the rationale for

[[Page 69590]]

EPA's proposed action are explained in the proposed rulemaking 
published on August 2, 2010 (75 FR 45076) and will not be restated 
here.
    In addition, EPA is determining that the 1997 PM2.5 
NAAQS has been attained for the NY-NJ-CT fine particle 
(PM2.5) nonattainment area by the initial attainment date of 
no later than April 5, 2010 as required under the provisions of EPA's 
PM2.5 implementation rule (see 40 CFR 51.1004).
    EPA notes that the State of New York provided information in 
support of the Clean Data Determination which EPA considered in this 
action. On June 9, 2010, EPA received a Clean Data petition from New 
York, requesting a determination that the New York State portion of the 
NY-NJ-CT fine particle (PM2.5) nonattainment area for the 
1997 PM2.5 NAAQS has attained the 1997 PM2.5 
NAAQS. In the petition, New York provided additional technical 
information supporting a Clean Data determination for the area, 
including a list of Federal and State emission control measures that 
have contributed to attainment of the 1997 PM2.5 NAAQS, and 
a listing of annual PM2.5 design values for the 2007-09 time 
period for air monitors located in the NY-NJ-CT fine particle 
(PM2.5) nonattainment area. New York also provided an 
estimate of design values for sites that had less than complete air 
monitoring data due to site closure. The additional information 
provided by New York is further discussed in the Technical Support 
document (TSD), and is available in the docket.

II. What comments were received and what is EPA's response?

    No public comments were received in response to the proposal.

III. 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 plans (RFP), contingency measures, and other planning State 
implementation plans (SIPs) related to attainment of the 1997 
PM2.5 NAAQS for so long as the area continues to attain the 
1997 PM2.5 NAAQS.
    This action does not constitute a redesignation to attainment under 
section 107(d)(3) of the Clean Air Act (CAA), 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 designation status of the area remains 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA determines that it meets the CAA requirements for 
redesignation to attainment.

IV. Final Action

    EPA is determining that the NY-NJ-CT fine particle 
(PM2.5) nonattainment area for the 1997 PM2.5 
NAAQS has attained the 1997 PM2.5 NAAQS. This determination 
is based upon quality assured, quality controlled, and certified 
ambient air monitoring data that show that the area has monitored 
attainment of the 1997 PM2.5 NAAQS for the 2007-2009 
monitoring period. 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, RFP, contingency measures, and other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS for so long as the area 
continues to attain the 1997 PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action makes a 
determination based on air quality data, and results in the suspension 
of certain Federal requirements. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule makes a determination 
based on air quality data, and results in the suspension of certain 
Federal requirements, it 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).
    This rule also does not have Tribal implications because it will 
not have a substantial direct effect on one or more Indian Tribes, on 
the relationship between the Federal Government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely makes a determination 
based on air quality data and results in the suspension of certain 
Federal requirements, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act (CAA). This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks'' (62 FR 
19885, April 23, 1997) because it determines that air quality in the 
affected area is meeting Federal standards.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures otherwise satisfying the provisions of the CAA.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    Under Executive Order 12898, EPA finds that this rule involves a 
determination of attainment based on air quality data and will not have 
disproportionately high and adverse human health or environmental 
effects on any communities in the area, including minority and low-
income communities.

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.

[[Page 69591]]

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 January 14, 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 NY-NJ-CT PM2.5 
nonattainment area clean data determination, 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: October 19, 2010.
H. Curtis Spalding,
Acting Regional Administrator, Region I.
    Dated: September 29, 2010.
Judith A. Enck,
Acting Regional Administrator, Region II.

0
Part 52, 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 H--Connecticut

0
2. Section 52.379 is amended by redesignating the introductory 
paragraph as paragraph (a) and adding a new paragraph (b) to read as 
follows:


Sec.  52.379  Control strategy: PM2.5.

    (a) * * *
    (b) Determination of Attainment. EPA has determined, as of December 
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) nonattainment area has attained the 
1997 PM2.5 National Ambient Air Quality Standard. This 
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 the area continues to attain 
the 1997 PM2.5 NAAQS.

Subpart FF--New Jersey

0
3. Section 52.1602 is amended by adding new paragraph (c) to read as 
follows:


Sec.  52.1602  Control strategy and regulations: PM2.5.

* * * * *
    (c) Determination of Attainment. EPA has determined, as of December 
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) nonattainment area has attained the 
1997 PM2.5 National Ambient Air Quality Standard. This 
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 the area continues to attain 
the 1997 PM2.5 NAAQS.

Subpart HH--New York

0
4. Section 52.1678 is amended by adding new paragraph (e) to read as 
follows:


Sec.  52.1678  Control strategy and regulations: Particulate matter.

* * * * *
    (e) Determination of Attainment. EPA has determined, as of December 
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) nonattainment area has attained the 
1997 PM2.5 National Ambient Air Quality Standard. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably control available measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area continues to attain 
the 1997 PM2.5 NAAQS.

[FR Doc. 2010-28504 Filed 11-12-10; 8:45 am]
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