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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

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

[[Page 16719]]

    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2010-1036,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-1036. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or by e-mail information that you consider to be 
CBI or otherwise protected. The http://www.regulations.gov Web site is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Zuri Farngalo, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. 
Spann may be reached by phone at (404) 562-9029 or via electronic e-
mail at [email protected]. Mr. Farngalo may be reached by phone at 
(404) 562-9152 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

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

I. What action is EPA taking?

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

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (see 40 CFR 51.918), it would suspend the 
requirement to submit an attainment demonstration and associated RACM 
analysis, RFP plan, contingency measures,\1\ and any other planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS. The 
attainment determination would continue until such time, if any, that 
EPA subsequently determines that the Atlanta Area has violated the 1997 
8-hour ozone NAAQS. This determination is separate from any future 
designation determination or requirements for the Atlanta Area based on 
the revised or reconsidered ozone NAAQS, and would remain in effect 
regardless of whether EPA designates the Atlanta Area as a 
nonattainment area for purposes of a future revised or reconsidered 8-
hour ozone NAAQS.\2\ Furthermore, as described below, a final clean 
data determination is not equivalent to the redesignation of the 
Atlanta Area to attainment for the 1997 8-hour ozone NAAQS. If this 
rulemaking is finalized and EPA subsequently determines, after notice-
and-comment rulemaking in the Federal Register, that the Atlanta Area 
has violated the 1997 8-hour ozone NAAQS, the basis for the suspension 
of the specific requirements, set forth at 40 CFR 51.918, would no 
longer exist, and the Atlanta Area would thereafter have to address 
pertinent requirements.
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    \1\ Contingency measures associated with a maintenance plan 
(such as if the State opts to redesignate this Area to attainment 
for the 1997 8-hour ozone NAAQS) would still be required.
    \2\ As noted above, at this time the proposed determination of 
attainment, if finalized, would suspend only those requirements 
related to attainment that are currently applicable to the Atlanta 
Area.
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    As mentioned above, the determination that EPA proposes with this 
Federal Register notice is not equivalent to a redesignation of the 
Atlanta Area to attainment. Finalizing this proposed action would not 
constitute a redesignation of the Area to attainment of the 1997 8-hour 
ozone NAAQS under section 107(d)(3) of the CAA. Further, finalizing 
this proposed action does not involve approving a maintenance plan for 
this Area as required under section 175A of the CAA, or affirm that the 
Area has met all other requirements for redesignation. The designation 
status of the Atlanta Area would remain nonattainment for the 1997 8-
hour ozone NAAQS until such time as EPA determines that it meets the 
CAA requirements for redesignation to attainment. The State of

[[Page 16720]]

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

III. What is the background for this action?

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

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

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

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

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

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

[[Page 16721]]

 
Gwinnett County.............  GWINNETT TECH 1250           0.079           0.073           0.072           0.074
                               ATKINSON RD (13-
                               135-0002).
Henry County................  HENRY COUNTY                 0.086           0.074           0.078           0.079
                               EXTENSION OFFICE
                               (13-151-0002).
Paulding County.............  YORKVILLE (13-223-           0.072           0.067           0.071           0.070
                               0003).
Rockdale County.............  CONYERS MONASTERY            0.089           0.070           0.076           0.078
                               3780 GA HWY 212
                               (13-247-0001).
Fulton County...............  CONFEDERATE AVE.             0.084           0.077           0.080           0.080
                               (13-121-0055).
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 Table 2--Completeness Percentages for Ozone Monitors in the Atlanta, Georgia Nonattainment Area for the 1997 8-
                                                Hour Ozone NAAQS
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                                                                                                     2008-2010
          Location                AQS site ID        2008 (%)        2009 (%)        2010 (%)       Percentage
                                                                                                    average (%)
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Cobb County.................  GA NATIONAL GUARD,              99              99             100             100
                               MCCOLLUM PARKWAY
                               (13-067-0003).
Coweta County...............  UNIVERSITY OF W.               100              97             100              99
                               GA AT NEWNAN (13-
                               077-0002).
Dawson County...............  DAWSONVILLE, GA                 99              95             100              98
                               FORESTRY
                               COMMISSION (13-
                               085-0001).
Dekalb County...............  2390-B Wildcat                  99              98              98              98
                               Road, Decatur GA
                               (13-089-0002).
Douglas County..............  DOUGLASVILLE W.                 97             100             100              99
                               STRICKLAND ST.
                               (13-097-0004).
Gwinnett County.............  GWINNETT TECH 1250              92             100              94              95
                               ATKINSON RD (13-
                               135-0002).
Henry County................  HENRY COUNTY                   100             100             100             100
                               EXTENSION OFFICE
                               (13-151-0002).
Paulding County.............  YORKVILLE (13-223-              99             100             100              99
                               0003).
Rockdale County.............  CONYERS MONASTERY               98              99             100              99
                               3780 GA HWY 212
                               (13-247-0001).
Fulton County...............  CONFEDERATE AVE.                96              98              99              98
                               (13-121-0055).
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    EPA's review of these data indicate that the Atlanta Area has met 
and continues to meet the 1997 8-hour ozone NAAQS. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

V. Proposed Action

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

VI. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on 
air quality, and would, if finalized, result in the suspension of 
certain federal requirements, and it would not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 
this proposed 1997 8-hour ozone NAAQS data determination for

[[Page 16722]]

the Atlanta Area does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the state, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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