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, 13491-13493 [2012-5381]
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
List of Subjects 17 CFR Part 200
Administrative practice and
procedure, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements.
Text of Amendments
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
PART 200—RULES OF
ORGANIZATION; CONDUCT AND
ETHICS; AND INFORMATION AND
REQUESTS
1. The authority citation for Part 200,
Subpart M, continues to read in part as
follows:
Authority: 15 U.S.C. 77s, 77sss, 78w, 80a–
37, 80b–11; E.O. 11222, 3 CFR, 1964–1965
Comp., p. 36; 5 CFR 735.104; 5 CFR 2634;
and 5 CFR 2635, unless otherwise noted.
2. Section 200.735–8 is amended as
follows:
■ a. In paragraph (b)(1) introductory text
by removing the phrase ‘‘Secretary of
the Commission’’ and adding in its
place ‘‘Office of the Ethics Counsel’’;
■ b. Paragraph (b)(2) is redesignated as
paragraph (b)(3) and new paragraph
(b)(2) is added to read as follows:
■
§ 200.735–8 Practice by former members
and employees of the Commission.
srobinson on DSK4SPTVN1PROD with RULES
*
*
*
*
(b) * * *
(2) The statement required by
paragraph (b)(1) of this section may be
filed electronically based on
instructions provided by the Office of
the Ethics Counsel at www.sec.gov, or
filed in paper by mailing to the U.S.
Securities & Exchange Commission,
Office of the Ethics Counsel, 100 F
Street NE., Washington, DC 20549–
9150.
*
*
*
*
*
[FR Doc. 2012–5454 Filed 3–6–12; 8:45 am]
BILLING CODE 8011–01–P
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[EPA–R04–OAR–2010–1036; FRL–9643–2]
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: Final rule.
■
Dated: March 1, 2012.
Elizabeth M. Murphy,
Secretary.
40 CFR Part 52
AGENCY:
Subpart M—Regulation Concerning
Conduct of Members and Employees
and Former Members and Employees
of the Commission
*
ENVIRONMENTAL PROTECTION
AGENCY
EPA is determining that the
Atlanta, Georgia, 1997 8-hour 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. The
determination of attainment was made
by EPA on June 23, 2011, and was based
on quality-assured and certified
monitoring data for the 2008–2010
monitoring period. 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. In this
action EPA is determining that the
above-identified Area attained the 1997
8-hour ozone NAAQS by its applicable
attainment date. EPA is finalizing this
action because it is consistent with the
Clean Air Act (CAA) and its
implementing regulations. Additionally,
in this action EPA is clarifying an
inadvertent citation error in the
proposed approval for this action.
DATES: This final rule is effective on
April 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2010–1036. All
documents in the docket are listed in
the 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
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Regulatory
SUMMARY:
PO 00000
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13491
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
FOR FURTHER INFORMATION CONTACT: 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
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 effect of this action?
III. What is EPA’s final action?
IV. 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 181(b)(2) of the CAA and EPA’s
regulations, EPA is determining that the
Atlanta Area attained the 1997 8-hour
ozone NAAQS by the applicable
attainment date of June 15, 2011.1
On June 23, 2011, EPA published a
determination of attainment for the
Atlanta Area, which served to suspend
the requirements for the State to submit
an attainment demonstration and
associated reasonably available control
measures (RACM), 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. This
final rulemaking also includes useful
background information on the 8-hour
ozone NAAQS relevant to the Atlanta
Area. Today’s action finalizes EPA’s
determination that the Atlanta Area
attained the 1997 8-hour ozone NAAQS
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 8hour 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
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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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
by the applicable attainment date of
June 15, 2011. Today’s action is simply
focused on the date by which the Area
had attaining data.
Other specific requirements of the
determination and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on December 15, 2011 (76 FR
77950). The comment period for this
action closed on January 17, 2012. No
comments were received in response to
the NPR.
Also, in the NPR, EPA stated that its
obligations to determine if an area
attained the 1997 8-hour NAAQS by its
applicable attainment date were found
under CAA section 179(c). See 76 FR at
77951–77952. The citation to section
179(c) was incorrect. EPA notes that for
an area such as Atlanta, which is
designated moderate nonattainment for
the 1997 8-hour ozone standard, the
proper citation is CAA section
181(b)(2)(A). Thus CAA section
181(b)(2) is the correct citation for the
basis of today’s action.
srobinson on DSK4SPTVN1PROD with RULES
II. What is the effect of this action?
Today’s action is a determination that
the Atlanta Area attained the 1997
8-hour ozone NAAQS by its applicable
attainment date of June 15, 2011,
consistent with CAA section 181(b)(2).
Finalizing this action does not
constitute a redesignation of Atlanta
Area to attainment of the 1997 8-hour
ozone NAAQS under section 107(d)(3)
of the CAA. Further, finalizing this
action does not involve approving
maintenance plans 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. The designation status of
the Atlanta Area remains 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.
III. What is EPA’s final action?
EPA is determining, based on qualityassured and certified monitoring data
for the 2008–2010 monitoring period,
that the Atlanta Area attained the 1997
8-hour ozone NAAQS by the applicable
attainment date of June 15, 2011. This
action is being taken pursuant to section
181(b)(2) of the CAA and is consistent
with the CAA and its implementing
regulations.
IV. Statutory and Executive Order
Reviews
This action makes a determination of
attainment by the applicable attainment
date, based on air quality, and would
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not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this 1997 8-hour ozone
determination of attainment by
applicable attainment date for 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, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
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required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 7, 2012. Filing a petition
for reconsideration by the Administrator
of these final rules do not affect the
finality of these actions for the purposes
of judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 22, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.577 is amended by
adding paragraph (d) to read as follows:
■
§ 52.577
Determination of attainment.
*
*
*
*
*
(d) Based upon EPA’s review of the
air quality data for the 3-year period
2008–2010, EPA determined that the
Atlanta, Georgia, 1997
8-hour ozone nonattainment Area
attained the 1997 8-hour ozone NAAQS
by the applicable attainment date of
June 15, 2011. Therefore, EPA has met
the requirement pursuant to CAA
section 181(b)(2) to determine, based on
the Area’s air quality as of the
attainment date, whether the Area
attained the standard. EPA also
determined that the Atlanta, Georgia,
1997 8-hour ozone nonattainment Area
is not subject to the consequences of
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
failing to attain pursuant to section
181(b)(2).
[FR Doc. 2012–5381 Filed 3–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0029; FRL–9643–3]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; North Carolina and
South Carolina; Charlotte;
Determination of Attainment by
Applicable Attainment Date for the
1997 8-Hour Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is determining that the
bi-state Charlotte-Gastonia-Rock Hill,
North Carolina-South Carolina, 1997 8hour ozone nonattainment Area
(hereafter referred to as ‘‘the bi-state
Charlotte 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. The determination of
attainment was made by EPA on
November 15, 2011, and was based on
quality-assured and certified monitoring
data for the 2008–2010 monitoring
period. The bi-state Charlotte Area is
comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a
portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North
Carolina; and a portion of York County
in South Carolina. In this action EPA is
determining to find that the aboveidentified Area attained the 1997 8-hour
ozone NAAQS by its applicable
attainment date. EPA is finalizing this
action because it is consistent with the
Clean Air Act (CAA) and its
implementing regulations. Additionally,
in this action EPA is clarifying an
inadvertent citation error in the
proposed approval for this action.
DATES: Effective Date: This final rule is
effective on April 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R04–OAR–2011–0029. All
documents in the docket are listed in
the 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.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:19 Mar 06, 2012
Jkt 226001
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
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
FOR FURTHER INFORMATION CONTACT: 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
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 effect of this action?
III. What is EPA’s final action?
IV. 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 181(b)(2) of the CAA and EPA’s
regulations, EPA is determining that the
bi-state Charlotte Area attained the 1997
8-hour ozone NAAQS by the applicable
attainment date of June 15, 2011.1
On November 15, 2011, EPA
published a final rulemaking for the bistate Charlotte Area which served to
suspend the requirements for the State
to submit an attainment demonstration
and associated reasonably available
control measures (RACM), 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
1 Effective
June 15, 2004, EPA designated the bistate Charlotte Area as a moderate area under 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 May 31, 2011, EPA
took final action to extend the applicable
attainment date for the bi-state Charlotte Area to
June 15, 2011. See 76 FR 31245 for more
information.
PO 00000
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13493
continues to attain the 1997 8-hour
ozone NAAQS. See 76 FR 70656. This
final rulemaking also includes useful
background information on the 8-hour
ozone NAAQS relevant to the bi-state
Charlotte Area. Today’s action finalizes
EPA’s determination that the bi-state
Charlotte Area attained the 1997 8-hour
ozone NAAQS by the applicable
attainment date of June 15, 2011.
Today’s action is simply focused on the
date by which the Area had attaining
data.
Other specific requirements of the
determination and the rationale for
EPA’s action are explained in the notice
of proposed rulemaking (NPR)
published on December 29, 2011 (76 FR
81901). The comment period closed on
January 30, 2012. No comments were
received in response to the NPR.
Also, in the NPR, EPA stated that its
obligations to determine if an area
attained the 1997 8-hour NAAQS by its
applicable attainment date were found
under CAA section 179(c). See 76 FR
81902. The citation to section 179(c)
was incorrect. EPA notes that for an area
such as Charlotte, which is designated
moderate nonattainment for the 1997 8hour ozone standard, the proper citation
is CAA section 181(b)(2)(A). Thus CAA
section 181(b)(2) is the correct citation
for the basis of today’s action.
II. What is the effect of this action?
Today’s action is a determination that
the bi-state Charlotte Area attained the
1997 8-hour ozone NAAQS by its
applicable attainment date of June 15,
2011, consistent with CAA section
181(b)(2). Finalizing this action does not
constitute a redesignation of bi-state
Charlotte Area to attainment of the 1997
8-hour ozone NAAQS under section
107(d)(3) of the CAA. Further, finalizing
this action does not involve approving
maintenance plans for the bi-state
Charlotte Area as required under section
175A of the CAA, nor would it find that
the bi-state Charlotte Area has met all
other requirements for redesignation.
The designation status of the bi-state
Charlotte Area remains 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.
III. What is EPA’s final action?
EPA is determining, based on qualityassured and certified monitoring data
for the 2008–2010 monitoring period,
that the bi-state Charlotte Area attained
the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15,
2011. This action is being taken
pursuant to section 181(b)(2) of the CAA
E:\FR\FM\07MRR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13491-13493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5381]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-1036; FRL-9643-2]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is determining that the Atlanta, Georgia, 1997 8-hour
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. The determination of attainment was made by EPA on June 23,
2011, and was based on quality-assured and certified monitoring data
for the 2008-2010 monitoring period. 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. In this
action EPA is determining that the above-identified Area attained the
1997 8-hour ozone NAAQS by its applicable attainment date. EPA is
finalizing this action because it is consistent with the Clean Air Act
(CAA) and its implementing regulations. Additionally, in this action
EPA is clarifying an inadvertent citation error in the proposed
approval for this action.
DATES: This final rule is effective on April 6, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R04-OAR-2010-1036. All documents in the docket are listed in
the 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 www.regulations.gov or in hard
copy for public inspection during normal business hours at the
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: 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 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 effect of this action?
III. What is EPA's final action?
IV. 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 181(b)(2)
of the CAA and EPA's regulations, EPA is determining that the Atlanta
Area attained the 1997 8-hour ozone NAAQS by the applicable attainment
date of June 15, 2011.\1\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On June 23, 2011, EPA published a determination of attainment for
the Atlanta Area, which served to suspend the requirements for the
State to submit an attainment demonstration and associated reasonably
available control measures (RACM), 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. This final rulemaking also includes useful
background information on the 8-hour ozone NAAQS relevant to the
Atlanta Area. Today's action finalizes EPA's determination that the
Atlanta Area attained the 1997 8-hour ozone NAAQS
[[Page 13492]]
by the applicable attainment date of June 15, 2011. Today's action is
simply focused on the date by which the Area had attaining data.
Other specific requirements of the determination and the rationale
for EPA's action are explained in the notice of proposed rulemaking
(NPR) published on December 15, 2011 (76 FR 77950). The comment period
for this action closed on January 17, 2012. No comments were received
in response to the NPR.
Also, in the NPR, EPA stated that its obligations to determine if
an area attained the 1997 8-hour NAAQS by its applicable attainment
date were found under CAA section 179(c). See 76 FR at 77951-77952. The
citation to section 179(c) was incorrect. EPA notes that for an area
such as Atlanta, which is designated moderate nonattainment for the
1997 8-hour ozone standard, the proper citation is CAA section
181(b)(2)(A). Thus CAA section 181(b)(2) is the correct citation for
the basis of today's action.
II. What is the effect of this action?
Today's action is a determination that the Atlanta Area attained
the 1997 8-hour ozone NAAQS by its applicable attainment date of June
15, 2011, consistent with CAA section 181(b)(2). Finalizing this action
does not constitute a redesignation of Atlanta Area to attainment of
the 1997 8-hour ozone NAAQS under section 107(d)(3) of the CAA.
Further, finalizing this action does not involve approving maintenance
plans 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. The designation status of the Atlanta Area remains
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.
III. What is EPA's final action?
EPA is determining, based on quality-assured and certified
monitoring data for the 2008-2010 monitoring period, that the Atlanta
Area attained the 1997 8-hour ozone NAAQS by the applicable attainment
date of June 15, 2011. This action is being taken pursuant to section
181(b)(2) of the CAA and is consistent with the CAA and its
implementing regulations.
IV. Statutory and Executive Order Reviews
This action makes a determination of attainment by the applicable
attainment date, based on air quality, and would not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this 1997 8-hour ozone determination of attainment by
applicable attainment date for 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, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 7, 2012. Filing a petition for
reconsideration by the Administrator of these final rules do not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 22, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 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 L--Georgia
0
2. Section 52.577 is amended by adding paragraph (d) to read as
follows:
Sec. 52.577 Determination of attainment.
* * * * *
(d) Based upon EPA's review of the air quality data for the 3-year
period 2008-2010, EPA determined that the Atlanta, Georgia, 1997 8-hour
ozone nonattainment Area attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2011. Therefore, EPA has met the
requirement pursuant to CAA section 181(b)(2) to determine, based on
the Area's air quality as of the attainment date, whether the Area
attained the standard. EPA also determined that the Atlanta, Georgia,
1997 8-hour ozone nonattainment Area is not subject to the consequences
of
[[Page 13493]]
failing to attain pursuant to section 181(b)(2).
[FR Doc. 2012-5381 Filed 3-6-12; 8:45 am]
BILLING CODE 6560-50-P
