Determination of Attainment; Atlanta, Georgia; 2008 Ozone National Ambient Air Quality Standards, 26515-26517 [2016-10167]
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Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
crossing over the Micaville, Bakersville,
Huntdale (southeastern corner), and
Burnsville maps, then back onto the
Huntdale map and continuing along the
Mitchell/Yancy County line, crossing
onto the Chestoa map, to the
intersection of the Mitchell/Yancey
County line with the Mitchell/Unicoi
County line, which is concurrent with
the Tennessee/North Carolina State line;
then
(34) Proceed northeasterly along the
Mitchell/Unicoi County line, crossing
back over the Huntsdale (northwestern
corner) map and onto the Unicoi map,
and returning to the beginning point.
Signed: April 25, 2016.
Mary G. Ryan,
Deputy Administrator.
[FR Doc. 2016–10291 Filed 5–2–16; 8:45 am]
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0839; FRL–9945–89–
Region 4]
Determination of Attainment; Atlanta,
Georgia; 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Atlanta, Georgia, 2008 Ozone
National Ambient Air Quality Standard
(NAAQS) Moderate Nonattainment Area
(‘‘Atlanta Area’’ or the ‘‘Area’’) has
attained the 2008 8-hour ozone NAAQS.
This proposed determination is based
upon complete, quality-assured, and
certified ambient air monitoring data
showing that the Area has monitored
attainment of the 2008 8-hour ozone
NAAQS for the 2013–2015 monitoring
period. If EPA finalizes this proposed
action, the requirement for this Area to
submit an attainment demonstration
and associated reasonably available
control measures (RACM), reasonable
further progress (RFP) plans,
contingency measures, and other
planning state implementation plans
(SIPs) related to attainment of the 2008
8-hour ozone NAAQS will be
suspended until EPA redesignates the
Area to attainment, approves a
redesignation substitute, or determines
that the Area has violated the 2008 8hour ozone NAAQS. This proposed
attainment determination does not
constitute a redesignation to attainment.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
SUMMARY:
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The Atlanta Area will remain in
nonattainment status for the 2008 8hour ozone NAAQS until such time as
the State requests a redesignation to
attainment and EPA determines that the
Atlanta Area meets the Clean Air Act
(CAA or Act) requirements for
redesignation, including an approved
maintenance plan.
DATES: Comments must be received on
or before June 2, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0839, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann can be reached via phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both
the primary and secondary NAAQS for
ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment. See
73 FR 16436 (March 27, 2008). The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
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Sfmt 4702
26515
a more protective level. Effective July
20, 2012, EPA designated any area that
was violating the 2008 8-hour ozone
NAAQS based on the three most recent
years (2008–2010) of air monitoring data
as a nonattainment area. See 77 FR
30088 (May 21, 2012). The Atlanta Area,
consisting of Bartow, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale
counties, was designated as a marginal
ozone nonattainment area. See 40 CFR
81.311. Areas that were designated as
marginal ozone nonattainment areas
were required to attain the 2008 8-hour
ozone NAAQS no later than July 20,
2015, based on 2012–2014 monitoring
data. The Atlanta Area did not attain the
2008 8-hour ozone NAAQS by July 20,
2015, and therefore on April 11, 2016,
the EPA Administrator signed a final
rule reclassifying the Atlanta Area from
a marginal nonattainment area to a
moderate nonattainment area for the
2008 8-hour ozone standard. A prepublication version of the final rule can
be found at EPA’s Web site at: https://
www.epa.gov/sites/production/files/
2016-04/documents/20160411fr.pdf.
Moderate areas are required to attain the
2008 8-hour ozone NAAQS by no later
than July 20, 2018, six years after the
effective date of the initial
nonattainment designations. See 40 CFR
51.1103. Air quality monitoring data
from the 2013–2015 monitoring period
show that the Atlanta Area is now
attaining the 2008 8-hour ozone
NAAQS.
Under the provisions of EPA’s ozone
implementation rule for the 2008 8-hour
ozone NAAQS (40 CFR part 51, subpart
AA), if EPA issues a determination that
an area is attaining the relevant
standard, also known as a Clean Data
Determination, the area’s obligations to
submit an attainment demonstration
and associated RACM, RFP, contingency
measures, and other planning SIPs
related to attainment of the 2008 8-hour
ozone NAAQS are suspended until EPA:
(i) Redesignates the area to attainment
for the standard or approves a
redesignation substitute, at which time
those requirements no longer apply; or
(ii) EPA determines that the area has
violated the standard, at which time the
area is again required to submit such
plans. See 40 CFR 51.1118. While these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval.
An attainment determination is not
equivalent to a redesignation under
section 107(d)(3) of the CAA. The
designation status of the Atlanta Area
will remain nonattainment for the 2008
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Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
8-hour ozone NAAQS until such time as
EPA determines that the Area meets the
CAA requirements for redesignation to
attainment, including an approved
maintenance plan, and redesignates the
Area. Additionally, the determination of
attainment is separate from, and does
not influence or otherwise affect, any
future designation determination or
requirements for the Atlanta Area based
on any new or revised ozone NAAQS,
and the determination of attainment
remains in effect regardless of whether
EPA designates this Area as a
nonattainment area for purposes of any
new or revised ozone NAAQS.
II. EPA’s Analysis
The 2008 8-hour ozone NAAQS are
met at a monitor when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations at the ozone monitor is
less than or equal to 0.075 ppm based
on complete, consecutive calendar years
of certified, quality-assured ambient air
monitoring data. See 40 CFR 50.15; 40
CFR part 50, appendix P. This 3-year
average is referred to as the design
value. When the design value is less
than or equal to 0.075 ppm at each
monitor within the area, then the area
is attaining the NAAQS. Also, the data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
or equal to 90 percent, and no single
year has less than 75 percent data
completeness as determined in 40 CFR
part 50, appendix P. The data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS).
EPA has reviewed the complete,
quality-assured, and certified ozone
ambient air monitoring data for the
2013–2015 monitoring period for the
Atlanta Area. The design values for each
monitor for this period are less than or
equal to 0.075 ppm, and all of the
monitors meet the data completeness
requirements (see Table 1, below).
Based on this data and consistent with
the requirements contained in 40 CFR
part 50, EPA has preliminarily
concluded that this Area has attained
the 2008 8-hour ozone NAAQS.
TABLE 1—ATLANTA AREA 4TH HIGHEST DAILY MAXIMUM OZONE 8-HOUR AVERAGES AND 8-HOUR OZONE DESIGN
VALUES FOR 2013–2015
4th Highest daily maximum value
County
Design value
(2013–2015)
Monitor ID
2013
Cobb .....................................................................................
Coweta .................................................................................
Dawson ................................................................................
DeKalb .................................................................................
Douglas ................................................................................
Fulton ...................................................................................
Gwinnett ...............................................................................
Henry ....................................................................................
Paulding ...............................................................................
Pike ......................................................................................
Rockdale ..............................................................................
130670003
130770002
130850001
130890002
130970004
131210055
131350002
131510002
132230003
132319991
132470001
2014
67
53
63
62
63
69
69
70
62
64
71
2015
* 63
67
66
70
65
73
68
75
59
66
79
66
66
63
71
70
77
71
70
65
68
68
* 65
62
64
67
66
73
69
71
62
66
72
* Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction at the National Guard Depot.
The data in Table 1 are taken from
EPA’s AQS database, available at:
https://www.epa.gov/aqs. The AQS
report with this data is available in the
docket for this rulemaking.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
III. Proposed Action
EPA is proposing to determine that
the Atlanta Area has attained the 2008
8-hour ozone NAAQS. This proposed
determination is based upon complete,
quality assured, and certified ambient
air monitoring data showing that the
Atlanta Area has monitored attainment
of the 2008 8-hour ozone NAAQS for
the 2013–2015 monitoring period. If
EPA finalizes this proposal, the
requirement for this Area to submit an
attainment demonstration and
associated RACM, a RFP plan,
contingency measures, and other
planning SIPs related to attainment of
the 2008 8-hour ozone NAAQS will be
suspended until EPA redesignates the
Area to attainment, approves a
redesignation substitute, or determines
that the Area has violated the standard.
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IV. Statutory and Executive Order
Reviews
This proposed attainment
determination would, if finalized, result
in the suspension of certain federal
requirements and would not impose any
additional requirements. 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
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, this proposed rule does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000) and will not impose
substantial direct costs on tribal
governments or preempt tribal law
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Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
because it merely makes a
determination based on air quality data.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016–10167 Filed 5–2–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 502
[Docket No. 16–08]
RIN 3072–AC64
Rules of Practice and Procedure;
Presentation of Evidence in
Commission Proceedings
Federal Maritime Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Federal Maritime
Commission is proposing to reorganize
several subparts of its Rules of Practice
and Procedure and revise its rules
regarding presentation of evidence in
Commission proceedings.
DATES: Submit comments on or before
July 5, 2016.
ADDRESSES: You may submit comments,
identified by the docket number in the
heading of this document, by any of the
following methods:
• Email: secretary@fmc.gov. Include
in the subject line: ‘‘Docket No. 16–08,
Commenter/Company Name.’’
Comments should be attached to the
email as a Microsoft Word or textsearchable PDF document. Comments
containing confidential information
should not be submitted by email.
• Mail: Karen V. Gregory, Secretary,
Federal Maritime Commission, 800
North Capitol Street NW., Washington,
DC 20573–0001.
• Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.fmc.gov/16-08.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
SUMMARY:
26517
Maritime Commission, 800 North
Capitol Street NW., Washington, DC
20573–0001, Phone: (202) 523–5725,
Email: secretary@fmc.gov.
The
Commission is proposing to update or
reorganize several subparts of 46 CFR
part 502, its Rules of Practice and
Procedure, and to substantively revise
the subpart regarding how hearings are
conducted to improve guidance
concerning the presentation of evidence
in Commission proceedings. Certain
current rules would also be removed to
clarify current practice and eliminate
duplication.
SUPPLEMENTARY INFORMATION:
Reorganization of Part 502
Part 502 sets out the rules governing
procedure in all types of Commission
proceedings. However, after years of
revisions, some users find the grouping
and ordering of the subparts confusing.
The Commission proposes to reorder
and rename certain subparts to better
reflect the chronology of a typical
adjudication, and to distinguish other
types of proceedings, as enumerated in
this table:
Current 46 CFR part 502
Proposed New 46 CFR part 502
Revisions
Subpart A, General Information .........................
Subpart E, Proceedings; Pleadings; Motions;
Replies.
......................................................................
Subpart E, Private Complaints and Commission Investigations.
Subpart F, Settlement; Prehearing Procedure ...
Subpart F, Petitions, Exemptions and Orders
to Show Cause.
Subpart J, Hearings; Presiding Officers; Evidence.
Subpart K, Shortened Procedure .......................
Subpart L, Disclosures and Discovery ...............
Subpart L, Presentation of Evidence ...............
Redesignate § 502.141 as § 502.14.
Separate subpart E in to subparts E and F,
relocate and regroup rules within both subparts.
Separate subpart E in to subparts E and F,
relocate and regroup rules within both subparts.
Revise several sections and relocate all (see
Table below).
Remove subpart K in its entirety.
Relocate and redesignate all rules to subpart
J.
Relocate § 502.153, remove § 502.222 and
retitle.
Subpart M, Briefs; Requests for Findings; Decisions; Exceptions.
Subpart A
In subpart A several cross references
would be corrected and current
§ 502.141 that establishes the
Commission may hold hearings that are
not part of an adjudicatory process,
would be moved to this subpart as
general information and retitled.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
Subpart D
Cross references are corrected in
subpart D.
Subpart E
Subpart E, currently ‘‘Proceedings,
Pleading, Motions, Replies’’ would
apply only to adjudications of private
complaints and Commission
investigations and would be renamed
‘‘Private Complaints and Commission
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Subpart K [Reserved] ......................................
Subpart J, Disclosures and Discovery .............
Subpart M; Decisions, Appeals, Exceptions ....
Investigations.’’ Revised subpart E
would contain the procedures for
institution of those proceedings,
motions practice, opportunity for
settlement, and other related rules.
Section 502.61 which opens the subpart
would be revised by moving and
amending a rule on notice of hearings
from subpart J.
Subpart F
Current subpart F addresses
Settlement and Prehearing Procedure.
Inasmuch as those subject areas are part
of the process in adjudicatory
proceedings, they would be divided and
moved into subpart E and a revised
subpart L governing presentation of
evidence.
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Subpart F would be revised to apply
to proceedings other than private
complaints and Commission
investigations, titled: ‘‘Petitions,
Exemptions, and Orders to Show
Cause.’’ These types of proceedings are
generally distinct from complaint and
investigation proceedings. With clear
headings, the proposed rules are
intended to be easier for the user to
locate. Revised subpart F would
encompass current §§ 502.73 through
502.77.
Subparts J, and L
The Commission proposes changes to
subpart J, ‘‘Hearings; Presiding Officers;
Evidence’’, and subpart L, ‘‘Disclosure
and Discovery’’ to more logically and
chronologically group the processes
E:\FR\FM\03MYP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26515-26517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10167]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0839; FRL-9945-89-Region 4]
Determination of Attainment; Atlanta, Georgia; 2008 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Atlanta, Georgia, 2008 Ozone National Ambient Air
Quality Standard (NAAQS) Moderate Nonattainment Area (``Atlanta Area''
or the ``Area'') has attained the 2008 8-hour ozone NAAQS. This
proposed determination is based upon complete, quality-assured, and
certified ambient air monitoring data showing that the Area has
monitored attainment of the 2008 8-hour ozone NAAQS for the 2013-2015
monitoring period. If EPA finalizes this proposed action, the
requirement for this Area to submit an attainment demonstration and
associated reasonably available control measures (RACM), reasonable
further progress (RFP) plans, contingency measures, and other planning
state implementation plans (SIPs) related to attainment of the 2008 8-
hour ozone NAAQS will be suspended until EPA redesignates the Area to
attainment, approves a redesignation substitute, or determines that the
Area has violated the 2008 8-hour ozone NAAQS. This proposed attainment
determination does not constitute a redesignation to attainment. The
Atlanta Area will remain in nonattainment status for the 2008 8-hour
ozone NAAQS until such time as the State requests a redesignation to
attainment and EPA determines that the Atlanta Area meets the Clean Air
Act (CAA or Act) requirements for redesignation, including an approved
maintenance plan.
DATES: Comments must be received on or before June 2, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0839, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann
can be reached via phone at (404) 562-9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three
years) to provide increased protection of public health and the
environment. See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS
retains the same general form and averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more protective level. Effective July 20,
2012, EPA designated any area that was violating the 2008 8-hour ozone
NAAQS based on the three most recent years (2008-2010) of air
monitoring data as a nonattainment area. See 77 FR 30088 (May 21,
2012). The Atlanta Area, consisting of Bartow, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale counties, was designated as a marginal
ozone nonattainment area. See 40 CFR 81.311. Areas that were designated
as marginal ozone nonattainment areas were required to attain the 2008
8-hour ozone NAAQS no later than July 20, 2015, based on 2012-2014
monitoring data. The Atlanta Area did not attain the 2008 8-hour ozone
NAAQS by July 20, 2015, and therefore on April 11, 2016, the EPA
Administrator signed a final rule reclassifying the Atlanta Area from a
marginal nonattainment area to a moderate nonattainment area for the
2008 8-hour ozone standard. A pre-publication version of the final rule
can be found at EPA's Web site at: https://www.epa.gov/sites/production/files/2016-04/documents/20160411fr.pdf. Moderate areas are
required to attain the 2008 8-hour ozone NAAQS by no later than July
20, 2018, six years after the effective date of the initial
nonattainment designations. See 40 CFR 51.1103. Air quality monitoring
data from the 2013-2015 monitoring period show that the Atlanta Area is
now attaining the 2008 8-hour ozone NAAQS.
Under the provisions of EPA's ozone implementation rule for the
2008 8-hour ozone NAAQS (40 CFR part 51, subpart AA), if EPA issues a
determination that an area is attaining the relevant standard, also
known as a Clean Data Determination, the area's obligations to submit
an attainment demonstration and associated RACM, RFP, contingency
measures, and other planning SIPs related to attainment of the 2008 8-
hour ozone NAAQS are suspended until EPA: (i) Redesignates the area to
attainment for the standard or approves a redesignation substitute, at
which time those requirements no longer apply; or (ii) EPA determines
that the area has violated the standard, at which time the area is
again required to submit such plans. See 40 CFR 51.1118. While these
requirements are suspended, EPA is not precluded from acting upon these
elements at any time if submitted to EPA for review and approval.
An attainment determination is not equivalent to a redesignation
under section 107(d)(3) of the CAA. The designation status of the
Atlanta Area will remain nonattainment for the 2008
[[Page 26516]]
8-hour ozone NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment, including
an approved maintenance plan, and redesignates the Area. Additionally,
the determination of attainment is separate from, and does not
influence or otherwise affect, any future designation determination or
requirements for the Atlanta Area based on any new or revised ozone
NAAQS, and the determination of attainment remains in effect regardless
of whether EPA designates this Area as a nonattainment area for
purposes of any new or revised ozone NAAQS.
II. EPA's Analysis
The 2008 8-hour ozone NAAQS are met at a monitor when the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations at the ozone monitor is less than or equal to 0.075 ppm
based on complete, consecutive calendar years of certified, quality-
assured ambient air monitoring data. See 40 CFR 50.15; 40 CFR part 50,
appendix P. This 3-year average is referred to as the design value.
When the design value is less than or equal to 0.075 ppm at each
monitor within the area, then the area is attaining the NAAQS. Also,
the data completeness requirement is met when the average percent of
days with valid ambient monitoring data is greater than or equal to 90
percent, and no single year has less than 75 percent data completeness
as determined in 40 CFR part 50, appendix P. The data must be collected
and quality-assured in accordance with 40 CFR part 58 and recorded in
the EPA Air Quality System (AQS).
EPA has reviewed the complete, quality-assured, and certified ozone
ambient air monitoring data for the 2013-2015 monitoring period for the
Atlanta Area. The design values for each monitor for this period are
less than or equal to 0.075 ppm, and all of the monitors meet the data
completeness requirements (see Table 1, below). Based on this data and
consistent with the requirements contained in 40 CFR part 50, EPA has
preliminarily concluded that this Area has attained the 2008 8-hour
ozone NAAQS.
Table 1--Atlanta Area 4th Highest Daily Maximum Ozone 8-Hour Averages and 8-Hour Ozone Design Values for 2013-
2015
----------------------------------------------------------------------------------------------------------------
4th Highest daily maximum value
County Monitor ID ------------------------------------------------ Design value
2013 2014 2015 (2013-2015)
----------------------------------------------------------------------------------------------------------------
Cobb............................ 130670003 67 * 63 66 * 65
Coweta.......................... 130770002 53 67 66 62
Dawson.......................... 130850001 63 66 63 64
DeKalb.......................... 130890002 62 70 71 67
Douglas......................... 130970004 63 65 70 66
Fulton.......................... 131210055 69 73 77 73
Gwinnett........................ 131350002 69 68 71 69
Henry........................... 131510002 70 75 70 71
Paulding........................ 132230003 62 59 65 62
Pike............................ 132319991 64 66 68 66
Rockdale........................ 132470001 71 79 68 72
----------------------------------------------------------------------------------------------------------------
* Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction
at the National Guard Depot.
The data in Table 1 are taken from EPA's AQS database, available
at: https://www.epa.gov/aqs. The AQS report with this data is available
in the docket for this rulemaking.
III. Proposed Action
EPA is proposing to determine that the Atlanta Area has attained
the 2008 8-hour ozone NAAQS. This proposed determination is based upon
complete, quality assured, and certified ambient air monitoring data
showing that the Atlanta Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2013-2015 monitoring period. If EPA finalizes
this proposal, the requirement for this Area to submit an attainment
demonstration and associated RACM, a RFP plan, contingency measures,
and other planning SIPs related to attainment of the 2008 8-hour ozone
NAAQS will be suspended until EPA redesignates the Area to attainment,
approves a redesignation substitute, or determines that the Area has
violated the standard.
IV. Statutory and Executive Order Reviews
This proposed attainment determination would, if finalized, result
in the suspension of certain federal requirements and would not impose
any additional requirements. 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
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) and
will not impose substantial direct costs on tribal governments or
preempt tribal law
[[Page 26517]]
because it merely makes a determination based on air quality data.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-10167 Filed 5-2-16; 8:45 am]
BILLING CODE 6560-50-P
