Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia; Atlanta; Determination of Attainment by Applicable Attainment Date for the 1997 8-Hour Ozone Standards, 77950-77952 [2011-32178]
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Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules
TABLE 4—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE STATES OF ALASKA AND HAWAII, AND
THE TERRITORIES OF GUAM, PUERTO RICO AND THE U.S. VIRGIN ISLANDS—Continued
Alaska, Hawaii & Guam, Puerto Rico & USVI
Destination entry (at appropriate facility)
SCF (days)
Mail class
ADC (days)
DDU
(days)
Alaska
Hawaii
&
Guam
Puerto
Rico &
USVIA
1
2
2
2–3
Package Services ....................................
NDC (days)
Alaska
Hawaii &
Guam
Puerto
Rico &
USVIA
Alaska
Hawaii
&
Guam
Puerto
Rico &
USVIA
................
................
............
12
11
11
AK = Alaska 3-digit ZIP Codes 995–997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2011–32009 Filed 12–14–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–1036–201161; FRL–
9507–1]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Georgia; Atlanta;
Determination of Attainment by
Applicable Attainment Date for the
1997 8-Hour Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine pursuant to the Clean Air Act
(CAA), that the Atlanta, Georgia, ozone
nonattainment area (hereafter referred to
as ‘‘the Atlanta Area’’ or ‘‘the Area’’) has
attained the 1997 8-hour ozone national
ambient air quality standards (NAAQS)
by its applicable attainment date of June
15, 2011. A determination of attainment
was made by EPA on June 23, 2011,
based on quality-assured and certified
monitoring data for the 2008–2010
monitoring period. EPA is now
proposing to find that the Atlanta Area
attained the 1997 8-hour ozone NAAQS
by its applicable attainment date. EPA
is proposing this action because it is
consistent with the CAA and its
implementing regulations.
DATES: Comments must be received on
or before January 17, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–1036, by one of the
following methods:
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SUMMARY:
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1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: 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: Ms.
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
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
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
PO 00000
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Fmt 4702
Sfmt 4702
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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
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 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: For
information regarding this attainment
determination, contact Mr. Sean
Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
E:\FR\FM\15DEP1.SGM
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Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960.
Telephone number: (404) 562–9043;
email address: lakeman.sean@epa.gov.
For information regarding 8-hour ozone
NAAQS, contact Ms. Jane Spann,
Regulatory Development Section, at the
same address above. Telephone number:
(404) 562–9029; email address:
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the background for this action?
III. What is the air quality in the Atlanta area
for the 1997 8-hour ozone NAAQS for
the 2008–2010 monitoring period?
IV. What is the proposed action and what is
the effect of this action?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
Based on EPA’s review of the qualityassured and certified monitoring data
for 2008–2010, and in accordance with
section 179(c)(1) of the CAA and EPA’s
regulations, EPA proposes to determine
that the Atlanta Area has attained the
1997 8-hour ozone NAAQS by the
applicable attainment date of June 15,
2011.1 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. On June 23, 2011, EPA
published a final rulemaking making a
determination of attainment to suspend
the requirements for the Atlanta Area to
submit an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 8-hour
ozone NAAQS so long as the Area
continues to attain the 1997 8-hour
ozone NAAQS. See 76 FR 36873.
Today’s proposed action merely makes
a determination that the Atlanta Area
has attained the 1997 8-hour ozone
NAAQS by its applicable attainment
date. This action is not a re-proposal of
the attainment determination to
suspend the requirements for the
Atlanta Area to submit an attainment
demonstration and associated RACM, a
RFP plan, contingency measures, and
other planning SIP revisions related to
attainment of the standard. More
information regarding the 1997 8-hour
ozone NAAQS and the Area’s
attainment of that NAAQS is available
at 76 FR 36873 (June 23, 2011).
II. What is the background for this
action?
As a nonattainment area for the 1997
8-hour ozone NAAQS, the Atlanta Area
had an applicable attainment date of
June 15, 2011 (based on 2008–2010
monitoring data). Pursuant to section
179(c) of the CAA, EPA is required to
make a determination on whether the
Area attained the standard by its
applicable attainment date. Specifically,
section 179(c)(1) of the CAA reads as
77951
follows: ‘‘As expeditiously as
practicable after the applicable
attainment date for any nonattainment
area, but not later than 6 months after
such date, the Administrator shall
determine, based on the area’s air
quality as of the attainment date,
whether the area attained the standard
by that date.’’
III. What is the air quality in the
Atlanta area for the 1997 8-hour ozone
NAAQS for the 2008–2010 monitoring
period?
Under EPA’s regulations at 40 CFR
50.10, the 1997 8-hour ozone NAAQS is
met when the 3-year average of the
annual fourth highest daily maximum 8hour average ambient air quality ozone
concentrations, as determined in
accordance with 40 CFR part 50,
Appendix I, is less than or equal to 0.08
parts per million (ppm) (i.e., 0.084 ppm
when rounding is considered) in the
subject area.
EPA reviewed the ambient air
monitoring data for the Atlanta Area in
accordance with the provisions of 40
CFR part 50, Appendix I. All data
considered have been quality-assured,
certified, and recorded in EPA’s Air
Quality System database. This review
addresses air quality data collected in
the 3-year period from 2008–2010. The
3-year period from 2008–2010 is the
period EPA must consider for areas that
had an applicable attainment date of
June 15, 2011.
TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR
OZONE NAAQS
2008
(ppm)
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).
CONFEDERATE AVE. (13–121–0055) .............
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).
Coweta County ...............
Dawson County ...............
Dekalb County ................
Douglas County ..............
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Fulton County ..................
Gwinnett County .............
Henry County ..................
Paulding County ..............
Rockdale County .............
1 Effective June 15, 2004, EPA designated the
Atlanta Area as a marginal area under the 1997 8hour ozone NAAQS. Subsequently, EPA took action
to reclassify the area to moderate for the 1997 8-
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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
0.077
0.075
0.079
0.080
0.072
0.074
0.075
0.084
0.079
0.077
0.073
0.080
0.072
0.080
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
hour ozone NAAQS. Moderate areas for the 1997 8hour ozone NAAQS had an applicable attainment
date of June 15, 2010, unless the Area qualified for
an extension. On November 30, 2010, EPA took
PO 00000
2009
(ppm)
final action to extend the applicable attainment date
for the Atlanta Area to June 15, 2011. See 75 FR
73969 for more information.
E:\FR\FM\15DEP1.SGM
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77952
Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules
As shown above in Table 1, during
the 2008–2010 design period, the
Atlanta Area met the 1997 8-hour ozone
NAAQS. The official annual design
value for the Atlanta Area for the 2008–
2010 period is 0.080 ppm. More detailed
information on the monitoring data for
the Atlanta Area during the 2008–2010
design period is provided in EPA’s June
23, 2011, final rulemaking to approve
the clean data determination for the
Atlanta Area for the 1997 8-hour ozone
NAAQS. See 76 FR 36873.
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IV. What is the proposed action and
what is the effect of this action?
This action is a proposed
determination that the Atlanta Area has
attained the 1997 8-hour ozone NAAQS
by its applicable attainment date of June
15, 2011, consistent with the CAA
section 179(c)(1). Finalizing this
proposed action would not constitute a
redesignation of the Atlanta Area to
attainment of 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 the Atlanta Area
as required under section 175A of the
CAA, nor would it find that the Atlanta
Area has met all other requirements for
redesignation. Even if EPA finalizes
today’s proposed action, the designation
status of the Atlanta Area would remain
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the Area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the Area.
V. Statutory and Executive Order
Reviews
This action proposes to make a
determination of attainment based on
air quality, and 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);
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• 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
determination that the Atlanta Area
attained the 1997 8-hour ozone NAAQS
by its applicable attainment date does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIPs are
not approved to apply in Indian country
located in the states, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 8, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011–32178 Filed 12–14–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0352–201120; FRL–
9507–4]
Approval and Promulgation of
Implementation Plans; North Carolina;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
AGENCY:
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Fmt 4702
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ACTION:
Proposed rule.
EPA is proposing to approve
in part, and to conditionally approve or
disapprove in part, the State
Implementation Plan (SIP), submitted
by the State of North Carolina, through
the Department of Environment and
Natural Resources (NC DENR), Division
of Air Quality (DAQ), to demonstrate
that the State meets the requirements of
sections 110(a)(1) and (2) of the Clean
Air Act (CAA or Act) for the 1997
8-hour ozone national ambient air
quality standards (NAAQS). Section
110(a) of the CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. DAQ certified that
the North Carolina SIP contains
provisions that ensure the 1997 8-hour
ozone NAAQS are implemented,
enforced, and maintained in North
Carolina (hereafter referred to as
‘‘infrastructure submission’’). With the
exception of sub-element
110(a)(2)(E)(ii), EPA is proposing to
determine that North Carolina’s
infrastructure submission, provided to
EPA on December 12, 2007, and
clarified in a subsequent submission
submitted on June 20, 2008, addressed
the required infrastructure elements for
the 1997 8-hour ozone NAAQS.
DATES: Written comments must be
received on or before January 17, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2011–0352, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9140.
4. Mail: ‘‘EPA–R04–OAR–2011–
0352,’’ 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, 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.
SUMMARY:
E:\FR\FM\15DEP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Proposed Rules]
[Pages 77950-77952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32178]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-1036-201161; FRL-9507-1]
Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Georgia;
Atlanta; Determination of Attainment by Applicable Attainment Date for
the 1997 8-Hour Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to determine pursuant to the Clean Air Act
(CAA), that the Atlanta, Georgia, ozone nonattainment area (hereafter
referred to as ``the Atlanta Area'' or ``the Area'') has attained the
1997 8-hour ozone national ambient air quality standards (NAAQS) by its
applicable attainment date of June 15, 2011. A determination of
attainment was made by EPA on June 23, 2011, based on quality-assured
and certified monitoring data for the 2008-2010 monitoring period. EPA
is now proposing to find that the Atlanta Area attained the 1997 8-hour
ozone NAAQS by its applicable attainment date. EPA is proposing this
action because it is consistent with the CAA and its implementing
regulations.
DATES: Comments must be received on or before January 17, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-1036, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: 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: Ms. 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 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
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The 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 email comment directly to EPA without
going through www.regulations.gov, your email 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 https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
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 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: For information regarding this
attainment determination, contact Mr. Sean Lakeman, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection
[[Page 77951]]
Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Telephone number: (404) 562-9043; email address: lakeman.sean@epa.gov.
For information regarding 8-hour ozone NAAQS, contact Ms. Jane Spann,
Regulatory Development Section, at the same address above. Telephone
number: (404) 562-9029; email address: spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the background for this action?
III. What is the air quality in the Atlanta area for the 1997 8-hour
ozone NAAQS for the 2008-2010 monitoring period?
IV. What is the proposed action and what is the effect of this
action?
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
Based on EPA's review of the quality-assured and certified
monitoring data for 2008-2010, and in accordance with section 179(c)(1)
of the CAA and EPA's regulations, EPA proposes to determine that the
Atlanta Area has attained the 1997 8-hour ozone NAAQS by the applicable
attainment date of June 15, 2011.\1\ 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. On June
23, 2011, EPA published a final rulemaking making a determination of
attainment to suspend the requirements for the Atlanta Area to submit
an attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to attainment of the 1997 8-hour ozone NAAQS so long as the
Area continues to attain the 1997 8-hour ozone NAAQS. See 76 FR 36873.
Today's proposed action merely makes a determination that the Atlanta
Area has attained the 1997 8-hour ozone NAAQS by its applicable
attainment date. This action is not a re-proposal of the attainment
determination to suspend the requirements for the Atlanta Area to
submit an attainment demonstration and associated RACM, a RFP plan,
contingency measures, and other planning SIP revisions related to
attainment of the standard. More information regarding the 1997 8-hour
ozone NAAQS and the Area's attainment of that NAAQS is available at 76
FR 36873 (June 23, 2011).
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\1\ Effective June 15, 2004, EPA designated the Atlanta Area as
a marginal area under the 1997 8-hour ozone NAAQS. Subsequently, EPA
took action to reclassify the area to moderate for the 1997 8-hour
ozone NAAQS. Moderate areas for the 1997 8-hour ozone NAAQS had an
applicable attainment date of June 15, 2010, unless the Area
qualified for an extension. On November 30, 2010, EPA took final
action to extend the applicable attainment date for the Atlanta Area
to June 15, 2011. See 75 FR 73969 for more information.
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II. What is the background for this action?
As a nonattainment area for the 1997 8-hour ozone NAAQS, the
Atlanta Area had an applicable attainment date of June 15, 2011 (based
on 2008-2010 monitoring data). Pursuant to section 179(c) of the CAA,
EPA is required to make a determination on whether the Area attained
the standard by its applicable attainment date. Specifically, section
179(c)(1) of the CAA reads as follows: ``As expeditiously as
practicable after the applicable attainment date for any nonattainment
area, but not later than 6 months after such date, the Administrator
shall determine, based on the area's air quality as of the attainment
date, whether the area attained the standard by that date.''
III. What is the air quality in the Atlanta area for the 1997 8-hour
ozone NAAQS for the 2008-2010 monitoring period?
Under EPA's regulations at 40 CFR 50.10, the 1997 8-hour ozone
NAAQS is met when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations, as
determined in accordance with 40 CFR part 50, Appendix I, is less than
or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm when rounding
is considered) in the subject area.
EPA reviewed the ambient air monitoring data for the Atlanta Area
in accordance with the provisions of 40 CFR part 50, Appendix I. All
data considered have been quality-assured, certified, and recorded in
EPA's Air Quality System database. This review addresses air quality
data collected in the 3-year period from 2008-2010. The 3-year period
from 2008-2010 is the period EPA must consider for areas that had an
applicable attainment date of June 15, 2011.
Table 1--Design Values for Counties in the Atlanta, Georgia Nonattainment Area for the 1997 8-Hour Ozone NAAQS
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2008-2010
Location AQS site ID 2008 (ppm) 2009 (ppm) 2010 (ppm) Design value
(ppm)
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Cobb County............................... GA NATIONAL GUARD, MCCOLLUM PARKWAY (13-067- 0.075 0.076 0.079 0.076
0003).
Coweta County............................. UNIVERSITY OF W. GA AT NEWNAN (13-077-0002). 0.075 0.065 0.065 0.068
Dawson County............................. DAWSONVILLE, GA, FORESTRY COMMISSION (13-085- 0.075 0.067 0.073 0.071
0001).
Dekalb County............................. 2390-B Wildcat Road, Decatur, GA (13-089- 0.087 0.077 0.075 0.079
0002).
Douglas County............................ DOUGLASVILLE, W. STRICKLAND ST. (13-097- 0.080 0.072 0.074 0.075
0004).
Fulton County............................. CONFEDERATE AVE. (13-121-0055).............. 0.084 0.077 0.080 0.080
Gwinnett County........................... GWINNETT TECH, 1250 ATKINSON RD (13-135- 0.079 0.073 0.072 0.074
0002).
Henry County.............................. HENRY COUNTY EXTENSION OFFICE (13-151-0002). 0.086 0.074 0.078 0.079
Paulding County........................... YORKVILLE (13-223-0003)..................... 0.072 0.067 0.071 0.070
Rockdale County........................... CONYERS MONASTERY, 3780 GA HWY 212 (13-247- 0.089 0.070 0.076 0.078
0001).
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[[Page 77952]]
As shown above in Table 1, during the 2008-2010 design period, the
Atlanta Area met the 1997 8-hour ozone NAAQS. The official annual
design value for the Atlanta Area for the 2008-2010 period is 0.080
ppm. More detailed information on the monitoring data for the Atlanta
Area during the 2008-2010 design period is provided in EPA's June 23,
2011, final rulemaking to approve the clean data determination for the
Atlanta Area for the 1997 8-hour ozone NAAQS. See 76 FR 36873.
IV. What is the proposed action and what is the effect of this action?
This action is a proposed determination that the Atlanta Area has
attained the 1997 8-hour ozone NAAQS by its applicable attainment date
of June 15, 2011, consistent with the CAA section 179(c)(1). Finalizing
this proposed action would not constitute a redesignation of the
Atlanta Area to attainment of 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 the Atlanta Area as required
under section 175A of the CAA, nor would it find that the Atlanta Area
has met all other requirements for redesignation. Even if EPA finalizes
today's proposed action, the designation status of the Atlanta Area
would remain nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that the Area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.
V. Statutory and Executive Order Reviews
This action proposes to make a determination of attainment based on
air quality, and 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 determination that the Atlanta Area
attained the 1997 8-hour ozone NAAQS by its applicable attainment date
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), because the SIPs are not approved to
apply in Indian country located in the states, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 8, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-32178 Filed 12-14-11; 8:45 am]
BILLING CODE 6560-50-P
