Proposed Rules. Proposed rule

Agency: Environmental Protection Agency (EPA)
Action: Proposed rule
Citation: FR Doc. 2011-32178 · EPA-R04-OAR-2010-1036-201161; FRL-9507-1 · 40 CFR 52

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.

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). 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. 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 Location AQS site ID 2008 (ppm) 2009 (ppm) 2010 (ppm) 2008-2010 Design value (ppm) Cobb County GA NATIONAL GUARD, MCCOLLUM PARKWAY (13-067-0003) 0.075 0.076 0.079 0.076 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 (13-085-0001) 0.075 0.067 0.073 0.071 Dekalb County 2390-B Wildcat Road, Decatur, GA (13-089-0002) 0.087 0.077 0.075 0.079 Douglas County DOUGLASVILLE, W. STRICKLAND ST. (13-097-0004) 0.080 0.072 0.074 0.075 Fulton County CONFEDERATE AVE. (13-121-0055) 0.084 0.077 0.080 0.080 Gwinnett County GWINNETT TECH, 1250 ATKINSON RD (13-135-0002) 0.079 0.073 0.072 0.074 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 (13-247-0001) 0.089 0.070 0.076 0.078 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]