Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Atlanta; Determination of Attainment for the 1997 8-Hour Ozone Standards, 16718-16722 [2011-7114]

Download as PDF 16718 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment because it simply promulgates the operating regulations or procedures for drawbridges. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 117 Bridges For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.702 to read as follows: erowe on DSK5CLS3C1PROD with PROPOSALS § 117.702 Arthur Kill (a) The draw of the Arthur Kill (AK) Railroad Bridge shall be maintained in the full open position for navigation at all times, except during periods when it is closed for the passage of rail traffic. (b) The bridge owner/operator shall maintain a dedicated telephone hot line for vessel operators to call the bridge in advance to coordinate anticipated bridge closures. The telephone hot line number shall be posted on signs at the bridge clearly visible from both the up and downstream sides of the bridge. (c) Tide constrained deep draft vessels shall notify the bridge operator, daily, of their expected times of vessel transits through the bridge, by calling the designated telephone hot line. (d) The bridge shall not be closed for the passage of rail traffic during any predicted high tide period if a tide constrained deep draft vessel has provided the bridge operator with an advance notice of their intent to transit through the bridge. For the purposes of this regulation, the predicted high tide period shall be considered to be from two hours before each predicted high tide to a half-hour after each predicted high tide taken at the Battery, New York. (e) The bridge operator shall issue a manual broadcast notice to mariners of the intent to close the bridge for a period of up to thirty minutes for the passage of rail traffic, on VHF–FM channels 13 and 16 (minimum range of 15 miles) 90 minutes before and again at 75 minutes before each bridge closure. VerDate Mar<15>2010 14:52 Mar 24, 2011 Jkt 223001 (f) Beginning at 60 minutes prior to each bridge closure, automated or manual broadcast notice to mariners must be repeated at 15 minute intervals and again at 10 and 5 minutes prior to each bridge closure and once again as the bridge begins to close, at which point the appropriate sound signal will be given. (g) Two 15 minute bridge closures may be provided each day for the passage of multiple rail traffic movements across the bridge. Each 15 minute bridge closure shall be separated by at least a 30 minute period when the bridge is returned to and remains in the full open position. Notification of the two 15 minute closures shall follow the same procedures outlined in paragraphs (e) and (f) above. (h) A vessel operator may request up to a 30 minute delay for any bridge closure in order to allow vessel traffic to meet tide or current requirements; however, the request to delay the bridge closure must be made within 30 minutes following the initial broadcast for the bridge closure. Requests received after the initial 30 minute broadcast will not be granted. (i) In the event of a bridge operational failure, the bridge operator shall immediately notify the Coast Guard Captain of the Port New York. The bridge owner/operator must provide and dispatch a bridge repair crew to be on scene at the bridge no later than 45 minutes after the bridge fails to operate. A repair crew must remain on scene during the operational failure until the bridge has been fully restored to normal operations or until the bridge is raised and locked in the fully open position. (j) When the bridge is not tended locally it must be operated from a remote location. A sufficient number of closed circuit TV cameras, approved by the Coast Guard, shall be operated and maintained at the bridge site to enable the remotely located bridge tender to have full view of both river traffic and the bridge. (k) VHF–FM channels 13 and 16 shall be maintained and monitored to facilitate communication in both the remote and local control locations. The bridge shall also be equipped with directional microphones and horns to receive and deliver signals to vessels. (l) Whenever the remote control system equipment is disabled or fails to operate for any reason, the bridge operator shall immediately notify the Captain of the Port New York. The bridge shall be physically tended and operated by local control as soon as possible, but no more than 45 minutes after malfunction or disability of the remote system. Mechanical bypass and PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 override capability of the remote operation system shall be provided and maintained at all times. Dated: March 10, 2011. Daniel A. Neptun, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2011–7049 Filed 3–24–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2010–1036–201062; FRL– 9286–5] Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Atlanta; Determination of Attainment for the 1997 8-Hour Ozone Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to determine that the Atlanta, Georgia nonattainment area has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS) based on quality assured, quality controlled monitoring data from 2008–2010. The Atlanta, Georgia 1997 8-hour ozone nonattainment area (hereafter referred to as the ‘‘Atlanta Area’’) is comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties in Georgia. If this proposed determination is made final, the requirement for the State of Georgia to submit an attainment demonstration and associated reasonably available control measures (RACM) analysis, a reasonable further progress (RFP) plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for the Atlanta, Georgia 8-hour ozone nonattainment area, shall be suspended for as long as the Atlanta Area continues to meet the 1997 8-hour ozone NAAQS. DATES: Written comments must be received on or before April 25, 2011. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2010–1036 by one of the following methods: 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. SUMMARY: E:\FR\FM\25MRP1.SGM 25MRP1 erowe on DSK5CLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules 2. E-mail: benjamin.lynorae@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2010–1036,’’ 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. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R04–OAR–2010– 1036. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http:// www.regulations.gov or by e-mail information that you consider to be CBI or otherwise protected. The http:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the VerDate Mar<15>2010 14:52 Mar 24, 2011 Jkt 223001 http://www.regulations.gov index. 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 in http:// www.regulations.gov or in hard copy 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. EPA requests that if at all possible, you contact the person 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 Federal holidays. Jane Spann or Zuri Farngalo, 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. Spann may be reached by phone at (404) 562–9029 or via electronic e-mail at spann.jane@epa.gov. Mr. Farngalo may be reached by phone at (404) 562–9152 or via electronic mail at farngalo.zuri@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. What action is EPA taking? II. What is the effect of this action? III. What is the background for this action? IV. What is EPA’s analysis of the relevant air quality data? V. Proposed Action VI. Statutory and Executive Order Reviews I. What action is EPA taking? EPA is proposing to determine that the Atlanta Area has attained the 1997 8-hour ozone NAAQS. Today’s proposal is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2008– 2010 showing that the Atlanta Area has monitored attainment of the 1997 8-hour ozone NAAQS. EPA is in the process of establishing a new 8-hour ozone NAAQS, and expects to finalize the reconsidered NAAQS by July 2011. Today’s action, however, relates only to the 1997 8-hour ozone NAAQS. Requirements for the Atlanta Area under the 2011 NAAQS will be addressed in the future. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 16719 II. What is the effect of this action? If this determination is made final, under the provisions of EPA’s ozone implementation rule (see 40 CFR 51.918), it would suspend the requirement to submit an attainment demonstration and associated RACM analysis, RFP plan, contingency measures,1 and any other planning SIPs related to attainment of the 1997 8-hour ozone NAAQS. The attainment determination would continue until such time, if any, that EPA subsequently determines that the Atlanta Area has violated the 1997 8-hour ozone NAAQS. This determination is separate from any future designation determination or requirements for the Atlanta Area based on the revised or reconsidered ozone NAAQS, and would remain in effect regardless of whether EPA designates the Atlanta Area as a nonattainment area for purposes of a future revised or reconsidered 8-hour ozone NAAQS.2 Furthermore, as described below, a final clean data determination is not equivalent to the redesignation of the Atlanta Area to attainment for the 1997 8-hour ozone NAAQS. If this rulemaking is finalized and EPA subsequently determines, after noticeand-comment rulemaking in the Federal Register, that the Atlanta Area has violated the 1997 8-hour ozone NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.918, would no longer exist, and the Atlanta Area would thereafter have to address pertinent requirements. As mentioned above, the determination that EPA proposes with this Federal Register notice is not equivalent to a redesignation of the Atlanta Area to attainment. Finalizing this proposed action would not constitute a redesignation of the Area to attainment of the 1997 8-hour ozone NAAQS under section 107(d)(3) of the CAA. Further, finalizing this proposed action does not involve approving a maintenance plan for this Area as required under section 175A of the CAA, or affirm that the Area has met all other requirements for redesignation. The designation status of the Atlanta Area would remain nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment. The State of 1 Contingency measures associated with a maintenance plan (such as if the State opts to redesignate this Area to attainment for the 1997 8-hour ozone NAAQS) would still be required. 2 As noted above, at this time the proposed determination of attainment, if finalized, would suspend only those requirements related to attainment that are currently applicable to the Atlanta Area. E:\FR\FM\25MRP1.SGM 25MRP1 16720 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules Georgia is currently working on a redesignation request and maintenance plan to change the Atlanta Area’s status from nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA will consider Georgia’s redesignation request and maintenance plan for the Atlanta Area in a rulemaking separate from today’s proposed action. This proposed action, if finalized, is limited to a determination that the Atlanta Area has attained the 1997 8-hour ozone NAAQS. The 1997 8-hour ozone NAAQS became effective on July 18, 1997 (62 FR 38894), and are set forth at 40 CFR 50.10. On March 12, 2008, EPA promulgated revised 8-hour ozone NAAQS. Subsequently, on January 19, 2010, EPA published a proposed rule to reconsider the 2008 8-hour ozone NAAQS (75 FR 2938) and to propose a revised ozone NAAQS. EPA has not yet made any designation determinations for the Atlanta Area based on the revised 2008 8-hour ozone NAAQS. Today’s proposed determination for the Atlanta Area, and any final determination, will have no effect on, and is not related to, any future designation determination that EPA may make based on the revised or reconsidered ozone NAAQS for the Atlanta Area. If this proposed determination is made final and the Atlanta Area continues to demonstrate attainment with the 1997 8-hour ozone NAAQS, the obligation for the State of Georgia to submit for the Atlanta Area an attainment demonstration and associated RACM analysis, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 8-hour ozone NAAQS will remain suspended regardless of whether EPA designates the Atlanta Area as a nonattainment area for purposes of the revised or reconsidered ozone NAAQS. Once the Atlanta Area is designated for the revised or reconsidered ozone NAAQS, it will have to meet all applicable requirements for that designation. III. What is the background for this action? On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour ozone NAAQS of 0.08 parts per million (ppm) for both the primary and secondary standards. These NAAQS are more stringent than the previous 1-hour ozone NAAQS. Under EPA regulations at 40 CFR part 50, the 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50. Specifically, section 2.3 of 40 CFR part 50, Appendix I, ‘‘Comparisons with the Primary and Secondary Ozone Standards’’ states: The primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm. The number of significant figures in the level of the standard dictates the rounding convention for comparing the computed 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration with the level of the standard. The third decimal place of the computed value is rounded, with values equal to or greater than 5 rounding up. Thus, a computed 3-year average ozone concentration of 0.085 ppm is the smallest value that is greater than 0.08 ppm. On April 30, 2004 (69 FR 23857), EPA published its air quality designations and classifications for the 1997 8-hour ozone NAAQS based upon air quality monitoring data from those monitors for calendar years 2001–2003. These designations became effective on June 15, 2004. The Atlanta Area is comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton Counties; and was designated nonattainment for the 1997 8-hour ozone NAAQS (see 40 CFR part 81). IV. What is EPA’s analysis of the relevant air quality data? EPA has reviewed the three most recent years of complete, certified, quality assured and quality controlled ambient air monitoring data for the 1997 8-hour ozone NAAQS, consistent with the requirements contained in 40 CFR part 50, as recorded in the EPA Air Quality System (AQS) database for the Atlanta Area. Based on that review, EPA has preliminarily concluded that the Atlanta Area attained the 1997 8-hour ozone NAAQS during the 2008–2010 monitoring period. Under EPA regulations at 40 CFR 50.10, the 1997 8hour primary and secondary ozone ambient air quality NAAQS are met at an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily maximum 8-hour average concentration is less than or equal to 0.08 ppm, as determined in accordance with Appendix I of 40 CFR part 50. Table 1 shows the design values (the metrics calculated in accordance with 40 CFR part 50, Appendix I, for determining compliance with the NAAQS) for the 1997 8-hour ozone NAAQS for the Atlanta Area monitors for the years 2008–2010. Table 2 shows the data completeness percentages for the 1997 8-hours ozone NAAQS for the Atlanta Area monitors for the years 2008–2010. TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR OZONE NAAQS 2008 (ppm) AQS site ID Cobb County .............. erowe on DSK5CLS3C1PROD with PROPOSALS Location GA NATIONAL GUARD MCCOLLUM PARKWAY (13–067–0003). UNIVERSITY OF W. GA AT NEWNAN (13–077– 0002). DAWSONVILLE, GA FORESTRY COMMISSION (13–085–0001). 2390–B Wildcat Road Decatur, GA (13–089–0002) DOUGLASVILLE W. STRICKLAND ST. (13–097– 0004). Coweta County .......... Dawson County .......... Dekalb County ........... Douglas County ......... VerDate Mar<15>2010 14:52 Mar 24, 2011 Jkt 223001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 2009 (ppm) 2010 (ppm) 2008–2010 Design value (ppm) 0.075 0.076 0.079 0.076 0.075 0.065 0.065 0.068 0.075 0.067 0.073 0.071 0.087 0.080 0.077 0.072 0.075 0.074 0.079 0.075 E:\FR\FM\25MRP1.SGM 25MRP1 16721 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR OZONE NAAQS—Continued 2008 (ppm) Location AQS site ID Gwinnett County ........ GWINNETT TECH 1250 ATKINSON RD (13–135– 0002). HENRY COUNTY EXTENSION OFFICE (13–151– 0002). YORKVILLE (13–223–0003) ................................... CONYERS MONASTERY 3780 GA HWY 212 (13–247–0001). CONFEDERATE AVE. (13–121–0055) .................. Henry County ............. Paulding County ......... Rockdale County ........ Fulton County ............. 2009 (ppm) 2008–2010 Design value (ppm) 2010 (ppm) 0.079 0.073 0.072 0.074 0.086 0.074 0.078 0.079 0.072 0.089 0.067 0.070 0.071 0.076 0.070 0.078 0.084 0.077 0.080 0.080 TABLE 2—COMPLETENESS PERCENTAGES FOR OZONE MONITORS IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR OZONE NAAQS 2008 (%) Location AQS site ID Cobb County .............. GA NATIONAL GUARD, MCCOLLUM PARKWAY (13–067–0003). UNIVERSITY OF W. GA AT NEWNAN (13–077– 0002). DAWSONVILLE, GA FORESTRY COMMISSION (13–085–0001). 2390–B Wildcat Road, Decatur GA (13–089–0002) DOUGLASVILLE W. STRICKLAND ST. (13–097– 0004). GWINNETT TECH 1250 ATKINSON RD (13–135– 0002). HENRY COUNTY EXTENSION OFFICE (13–151– 0002). YORKVILLE (13–223–0003) ................................... CONYERS MONASTERY 3780 GA HWY 212 (13–247–0001). CONFEDERATE AVE. (13–121–0055) .................. Coweta County .......... Dawson County .......... Dekalb County ........... Douglas County ......... Gwinnett County ........ Henry County ............. Paulding County ......... Rockdale County ........ Fulton County ............. EPA’s review of these data indicate that the Atlanta Area has met and continues to meet the 1997 8-hour ozone NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. erowe on DSK5CLS3C1PROD with PROPOSALS V. Proposed Action EPA is proposing to determine that the Atlanta, Georgia 1997 8-hour nonattainment area has attained the 1997 8-hour ozone NAAQS based on 2008–2010 complete, quality-assured, quality-controlled and certified monitoring data. As provided in 40 CFR 51.918, if EPA finalizes this determination, it would suspend the requirements for the State of Georgia to submit, for the Atlanta Area, an attainment demonstration and associated RACM analysis, RFP plan, contingency measures, and any other planning SIPs related to attainment of the 1997 8-hour ozone NAAQS as long as the Area continues to attain the 1997 8-hour ozone NAAQS. VerDate Mar<15>2010 14:52 Mar 24, 2011 Jkt 223001 2009 (%) 99 99 100 100 100 97 100 99 99 95 100 98 99 97 98 100 98 100 98 99 92 100 94 95 100 100 100 100 99 98 100 99 100 100 99 99 96 98 99 98 VI. Statutory and Executive Order Reviews This action proposes to make a determination of attainment based on air quality, and would, if finalized, result in the suspension of certain federal requirements, and it would not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 2008–2010 Percentage average (%) 2010 (%) 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 proposed 1997 8-hour ozone NAAQS data determination for E:\FR\FM\25MRP1.SGM 25MRP1 16722 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Proposed Rules the Atlanta 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds, Oxides of nitrogen. Dated: March 17, 2011. A. Stanley Meiburg, Acting Regional Administrator, Regional Administrator, Region 4. [FR Doc. 2011–7114 Filed 3–24–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Docket No. FEMA–B–1021] FR 70944. The table provided here represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for White County, Arkansas, and Incorporated Areas. Specifically, it addresses the following flooding sources: Deener Creek, Gum Creek Flooding Effects, Little Red River, Overflow Creek Tributary, Red Cut Slough, Red Cut Slough Tributary, Red Cut Slough Tributary 2, and Red Cut Slough Tributary A. DATES: Comments are to be submitted on or before June 23, 2011. ADDRESSES: You may submit comments, identified by Docket No. FEMA–B– 1021, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064 or (e-mail) luis.rodriguez1@dhs.gov. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064 or (e-mail) luis.rodriguez1@dhs.gov. The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annualchance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain SUPPLEMENTARY INFORMATION: Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule; correction. AGENCY: On November 24, 2008, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 73 SUMMARY: Flooding source(s) management criteria required by 44 CFR 60.3, are minimum requirements. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. Corrections In the proposed rule published at 73 FR 70944, in the November 24, 2008, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table, entitled ‘‘White County, Arkansas, and Incorporated Areas’’ addressed the flooding source Deener Creek. That table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, or communities affected for that flooding source. In addition, it did not include the following flooding sources: Gum Creek Flooding Effects, Little Red River, Overflow Creek Tributary, Red Cut Slough, Red Cut Slough Tributary, Red Cut Slough Tributary 2, and Red Cut Slough Tributary A. In this notice, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published. * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified White County, Arkansas, and Incorporated Areas erowe on DSK5CLS3C1PROD with PROPOSALS Deener Creek ........................ Gum Creek Flooding Effects Approximately 2.08 miles upstream of the Rocky Branch confluence. Approximately 2.42 miles upstream of the Rocky Branch confluence. Just upstream of Collins Road ..................................... None +228 Little Red River ..................... Approximately 0.55 mile upstream of Missouri Pacific Railroad. Just upstream of U.S. Route 67 ................................... None +211 Approximately 850 feet upstream of Davis Drive ........ None +215 VerDate Mar<15>2010 14:52 Mar 24, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 None +237 None +240 None +213 E:\FR\FM\25MRP1.SGM 25MRP1 Unincorporated Areas of White County. Unincorporated Areas of White County. Unincorporated Areas of White County.

Agencies

[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Proposed Rules]
[Pages 16718-16722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-1036-201062; FRL-9286-5]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Georgia: 
Atlanta; Determination of Attainment for the 1997 8-Hour Ozone 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Atlanta, Georgia 
nonattainment area has attained the 1997 8-hour ozone national ambient 
air quality standards (NAAQS) based on quality assured, quality 
controlled monitoring data from 2008-2010. The Atlanta, Georgia 1997 8-
hour ozone nonattainment area (hereafter referred to as the ``Atlanta 
Area'') is comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, 
Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties 
in Georgia. If this proposed determination is made final, the 
requirement for the State of Georgia to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM) analysis, a reasonable further progress (RFP) plan, contingency 
measures, and other planning State Implementation Plans (SIPs) related 
to attainment of the 1997 8-hour ozone NAAQS for the Atlanta, Georgia 
8-hour ozone nonattainment area, shall be suspended for as long as the 
Atlanta Area continues to meet the 1997 8-hour ozone NAAQS.

DATES: Written comments must be received on or before April 25, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-1036 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.

[[Page 16719]]

    2. E-mail: benjamin.lynorae@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-1036,'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-1036. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or by e-mail information that you consider to be 
CBI or otherwise protected. The http://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. 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 in http://www.regulations.gov or in hard copy 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. EPA requests that if at all 
possible, you contact the person 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 Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Zuri Farngalo, 
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. 
Spann may be reached by phone at (404) 562-9029 or via electronic e-
mail at spann.jane@epa.gov. Mr. Farngalo may be reached by phone at 
(404) 562-9152 or via electronic mail at farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Atlanta Area has attained 
the 1997 8-hour ozone NAAQS. Today's proposal is based upon complete, 
quality assured, quality controlled, and certified ambient air 
monitoring data for the years 2008-2010 showing that the Atlanta Area 
has monitored attainment of the 1997 8-hour ozone NAAQS. EPA is in the 
process of establishing a new 8-hour ozone NAAQS, and expects to 
finalize the reconsidered NAAQS by July 2011. Today's action, however, 
relates only to the 1997 8-hour ozone NAAQS. Requirements for the 
Atlanta Area under the 2011 NAAQS will be addressed in the future.

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (see 40 CFR 51.918), it would suspend the 
requirement to submit an attainment demonstration and associated RACM 
analysis, RFP plan, contingency measures,\1\ and any other planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS. The 
attainment determination would continue until such time, if any, that 
EPA subsequently determines that the Atlanta Area has violated the 1997 
8-hour ozone NAAQS. This determination is separate from any future 
designation determination or requirements for the Atlanta Area based on 
the revised or reconsidered ozone NAAQS, and would remain in effect 
regardless of whether EPA designates the Atlanta Area as a 
nonattainment area for purposes of a future revised or reconsidered 8-
hour ozone NAAQS.\2\ Furthermore, as described below, a final clean 
data determination is not equivalent to the redesignation of the 
Atlanta Area to attainment for the 1997 8-hour ozone NAAQS. If this 
rulemaking is finalized and EPA subsequently determines, after notice-
and-comment rulemaking in the Federal Register, that the Atlanta Area 
has violated the 1997 8-hour ozone NAAQS, the basis for the suspension 
of the specific requirements, set forth at 40 CFR 51.918, would no 
longer exist, and the Atlanta Area would thereafter have to address 
pertinent requirements.
---------------------------------------------------------------------------

    \1\ Contingency measures associated with a maintenance plan 
(such as if the State opts to redesignate this Area to attainment 
for the 1997 8-hour ozone NAAQS) would still be required.
    \2\ As noted above, at this time the proposed determination of 
attainment, if finalized, would suspend only those requirements 
related to attainment that are currently applicable to the Atlanta 
Area.
---------------------------------------------------------------------------

    As mentioned above, the determination that EPA proposes with this 
Federal Register notice is not equivalent to a redesignation of the 
Atlanta Area to attainment. Finalizing this proposed action would not 
constitute a redesignation of the Area to attainment of the 1997 8-hour 
ozone NAAQS under section 107(d)(3) of the CAA. Further, finalizing 
this proposed action does not involve approving a maintenance plan for 
this Area as required under section 175A of the CAA, or affirm that the 
Area has met all other requirements for redesignation. The designation 
status of the Atlanta Area would remain nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that it meets the 
CAA requirements for redesignation to attainment. The State of

[[Page 16720]]

Georgia is currently working on a redesignation request and maintenance 
plan to change the Atlanta Area's status from nonattainment to 
attainment for the 1997 8-hour ozone NAAQS. EPA will consider Georgia's 
redesignation request and maintenance plan for the Atlanta Area in a 
rulemaking separate from today's proposed action.
    This proposed action, if finalized, is limited to a determination 
that the Atlanta Area has attained the 1997 8-hour ozone NAAQS. The 
1997 8-hour ozone NAAQS became effective on July 18, 1997 (62 FR 
38894), and are set forth at 40 CFR 50.10. On March 12, 2008, EPA 
promulgated revised 8-hour ozone NAAQS. Subsequently, on January 19, 
2010, EPA published a proposed rule to reconsider the 2008 8-hour ozone 
NAAQS (75 FR 2938) and to propose a revised ozone NAAQS. EPA has not 
yet made any designation determinations for the Atlanta Area based on 
the revised 2008 8-hour ozone NAAQS. Today's proposed determination for 
the Atlanta Area, and any final determination, will have no effect on, 
and is not related to, any future designation determination that EPA 
may make based on the revised or reconsidered ozone NAAQS for the 
Atlanta Area.
    If this proposed determination is made final and the Atlanta Area 
continues to demonstrate attainment with the 1997 8-hour ozone NAAQS, 
the obligation for the State of Georgia to submit for the Atlanta Area 
an attainment demonstration and associated RACM analysis, RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the 1997 8-hour ozone NAAQS will remain suspended regardless of 
whether EPA designates the Atlanta Area as a nonattainment area for 
purposes of the revised or reconsidered ozone NAAQS. Once the Atlanta 
Area is designated for the revised or reconsidered ozone NAAQS, it will 
have to meet all applicable requirements for that designation.

III. What is the background for this action?

    On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour 
ozone NAAQS of 0.08 parts per million (ppm) for both the primary and 
secondary standards. These NAAQS are more stringent than the previous 
1-hour ozone NAAQS. Under EPA regulations at 40 CFR part 50, the 8-hour 
ozone NAAQS is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ambient air quality ozone 
concentration is less than or equal to 0.08 ppm (i.e., 0.084 ppm when 
rounding is considered). Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air 
quality monitoring data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of part 50. Specifically, 
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the 
Primary and Secondary Ozone Standards'' states:

    The primary and secondary ozone ambient air quality standards 
are met at an ambient air quality monitoring site when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentration is less than or equal to 0.08 ppm. The number of 
significant figures in the level of the standard dictates the 
rounding convention for comparing the computed 3-year average annual 
fourth-highest daily maximum 8-hour average ozone concentration with 
the level of the standard. The third decimal place of the computed 
value is rounded, with values equal to or greater than 5 rounding 
up. Thus, a computed 3-year average ozone concentration of 0.085 ppm 
is the smallest value that is greater than 0.08 ppm.

    On April 30, 2004 (69 FR 23857), EPA published its air quality 
designations and classifications for the 1997 8-hour ozone NAAQS based 
upon air quality monitoring data from those monitors for calendar years 
2001-2003. These designations became effective on June 15, 2004. The 
Atlanta Area is comprised of Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton 
Counties; and was designated nonattainment for the 1997 8-hour ozone 
NAAQS (see 40 CFR part 81).

IV. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the three most recent years of complete, 
certified, quality assured and quality controlled ambient air 
monitoring data for the 1997 8-hour ozone NAAQS, consistent with the 
requirements contained in 40 CFR part 50, as recorded in the EPA Air 
Quality System (AQS) database for the Atlanta Area. Based on that 
review, EPA has preliminarily concluded that the Atlanta Area attained 
the 1997 8-hour ozone NAAQS during the 2008-2010 monitoring period. 
Under EPA regulations at 40 CFR 50.10, the 1997 8-hour primary and 
secondary ozone ambient air quality NAAQS are met at an ambient air 
quality monitoring site when the three-year average of the annual 
fourth-highest daily maximum 8-hour average concentration is less than 
or equal to 0.08 ppm, as determined in accordance with Appendix I of 40 
CFR part 50.
    Table 1 shows the design values (the metrics calculated in 
accordance with 40 CFR part 50, Appendix I, for determining compliance 
with the NAAQS) for the 1997 8-hour ozone NAAQS for the Atlanta Area 
monitors for the years 2008-2010. Table 2 shows the data completeness 
percentages for the 1997 8-hours ozone NAAQS for the Atlanta Area 
monitors for the years 2008-2010.

 Table 1--Design Values for Counties in the Atlanta, Georgia Nonattainment Area for the 1997 8-Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                                     2008-2010
          Location                AQS site ID       2008 (ppm)      2009 (ppm)      2010 (ppm)     Design value
                                                                                                       (ppm)
----------------------------------------------------------------------------------------------------------------
Cobb County.................  GA NATIONAL GUARD            0.075           0.076           0.079           0.076
                               MCCOLLUM PARKWAY
                               (13-067-0003).
Coweta County...............  UNIVERSITY OF W.             0.075           0.065           0.065           0.068
                               GA AT NEWNAN (13-
                               077-0002).
Dawson County...............  DAWSONVILLE, GA              0.075           0.067           0.073           0.071
                               FORESTRY
                               COMMISSION (13-
                               085-0001).
Dekalb County...............  2390-B Wildcat               0.087           0.077           0.075           0.079
                               Road Decatur, GA
                               (13-089-0002).
Douglas County..............  DOUGLASVILLE W.              0.080           0.072           0.074           0.075
                               STRICKLAND ST.
                               (13-097-0004).

[[Page 16721]]

 
Gwinnett County.............  GWINNETT TECH 1250           0.079           0.073           0.072           0.074
                               ATKINSON RD (13-
                               135-0002).
Henry County................  HENRY COUNTY                 0.086           0.074           0.078           0.079
                               EXTENSION OFFICE
                               (13-151-0002).
Paulding County.............  YORKVILLE (13-223-           0.072           0.067           0.071           0.070
                               0003).
Rockdale County.............  CONYERS MONASTERY            0.089           0.070           0.076           0.078
                               3780 GA HWY 212
                               (13-247-0001).
Fulton County...............  CONFEDERATE AVE.             0.084           0.077           0.080           0.080
                               (13-121-0055).
----------------------------------------------------------------------------------------------------------------


 Table 2--Completeness Percentages for Ozone Monitors in the Atlanta, Georgia Nonattainment Area for the 1997 8-
                                                Hour Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                                     2008-2010
          Location                AQS site ID        2008 (%)        2009 (%)        2010 (%)       Percentage
                                                                                                    average (%)
----------------------------------------------------------------------------------------------------------------
Cobb County.................  GA NATIONAL GUARD,              99              99             100             100
                               MCCOLLUM PARKWAY
                               (13-067-0003).
Coweta County...............  UNIVERSITY OF W.               100              97             100              99
                               GA AT NEWNAN (13-
                               077-0002).
Dawson County...............  DAWSONVILLE, GA                 99              95             100              98
                               FORESTRY
                               COMMISSION (13-
                               085-0001).
Dekalb County...............  2390-B Wildcat                  99              98              98              98
                               Road, Decatur GA
                               (13-089-0002).
Douglas County..............  DOUGLASVILLE W.                 97             100             100              99
                               STRICKLAND ST.
                               (13-097-0004).
Gwinnett County.............  GWINNETT TECH 1250              92             100              94              95
                               ATKINSON RD (13-
                               135-0002).
Henry County................  HENRY COUNTY                   100             100             100             100
                               EXTENSION OFFICE
                               (13-151-0002).
Paulding County.............  YORKVILLE (13-223-              99             100             100              99
                               0003).
Rockdale County.............  CONYERS MONASTERY               98              99             100              99
                               3780 GA HWY 212
                               (13-247-0001).
Fulton County...............  CONFEDERATE AVE.                96              98              99              98
                               (13-121-0055).
----------------------------------------------------------------------------------------------------------------

    EPA's review of these data indicate that the Atlanta Area has met 
and continues to meet the 1997 8-hour ozone NAAQS. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

V. Proposed Action

    EPA is proposing to determine that the Atlanta, Georgia 1997 8-hour 
nonattainment area has attained the 1997 8-hour ozone NAAQS based on 
2008-2010 complete, quality-assured, quality-controlled and certified 
monitoring data. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for the State of 
Georgia to submit, for the Atlanta Area, an attainment demonstration 
and associated RACM analysis, RFP plan, contingency measures, and any 
other planning SIPs related to attainment of the 1997 8-hour ozone 
NAAQS as long as the Area continues to attain the 1997 8-hour ozone 
NAAQS.

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 proposed 1997 8-hour ozone NAAQS data determination for

[[Page 16722]]

the Atlanta 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds, Oxides of nitrogen.

    Dated: March 17, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Regional Administrator, Region 4.
[FR Doc. 2011-7114 Filed 3-24-11; 8:45 am]
BILLING CODE 6560-50-P