[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31900-31903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13670]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0408-201132; FRL-9314-1]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Alabama, 
Georgia, and Tennessee: Chattanooga and Macon; Determination of 
Attainment by Applicable Attainment Date for the 1997 Annual Fine 
Particulate Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine pursuant to Clean Air Act (CAA), 
that the Chattanooga, Tennessee-Georgia, fine particulate 
(PM2.5) nonattainment area (hereafter referred to as ``the 
Chattanooga Area'') and the Macon, Georgia PM2.5 
nonattainment area (hereafter referred to as ``the Macon Area'') 
attained the 1997 annual PM2.5 national ambient air quality 
standards (NAAQS) by the applicable attainment date of April 5, 2010. 
The determinations of attainment were previously proposed by EPA on 
March 22, 2011, and were based on quality-assured and certified 
monitoring data for the 2007--2009 monitoring period. The Chattanooga 
Area is comprised of Hamilton County in Tennessee, Catoosa and Walker 
Counties in Georgia, and a portion of Jackson County in Alabama. The 
Macon Area is comprised of Bibb County in its entirety and a portion of 
Monroe County in Georgia. EPA is now proposing to find that both of the 
above-identified areas attained the 1997 annual PM2.5 NAAQS 
by their applicable attainment dates. EPA is proposing these actions 
because they are consistent with the CAA and its implementing 
regulations.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0408, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2011-0408, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0408. 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 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

[[Page 31901]]

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: Sara Waterson or Joel Huey of the 
Regulatory Development Section, in the Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Sara Waterson may be reached by phone at (404) 562-9061, or 
via electronic mail at [email protected]. Joel Huey may be reached 
by phone at (404) 562-9104, or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is taking?
II. What is the background for these actions?
III. What is the air quality for the 1997 annual PM2.5 
NAAQS for the 2007-2009 monitoring period?
    A. Chattanooga
    B. Macon
IV. What is the effect of these actions?
V. What are the proposed actions?
VI. Statutory and Executive Order Reviews

 I. What are the actions is EPA taking?

    Based on EPA's review of the quality-assured and certified 
monitoring data for 2007-2009, and in accordance with section 179(c)(1) 
of the CAA and EPA's regulations, EPA proposes to determine that the 
Chattanooga and Macon Areas attained the 1997 annual PM2.5 
NAAQS by the applicable attainment date of April 5, 2010.
    On March 22, 2011, EPA published two proposed rulemakings to make 
determinations of attainment to suspend the requirements for the 
Chattanooga and Macon Areas to submit attainment demonstrations and 
associated reasonably available control measures (RACM), reasonable 
further progress (RFP) plans, contingency measures, and other planning 
State Implementation Plan (SIP) revisions related to attainment of the 
1997 annual PM2.5 NAAQS so long as the Areas continue to 
attain the 1997 annual PM2.5 NAAQS. See 76 FR 15895 for the 
proposed rulemaking related to the Chattanooga Area; see 76 FR 15892 
for the proposed rulemaking related to the Macon Area. Those proposed 
rulemakings also include useful background information on the 
PM2.5 NAAQS relevant to the Chattanooga and Macon Areas. EPA 
is moving forward with final action on the proposals to find that the 
Chattanooga and Macon Areas are attaining the PM2.5 NAAQS. 
Today's proposed actions, however, make determinations that the 
Chattanooga and Macon Areas attained the1997 annual PM2.5 
NAAQS by the applicable attainment date of April 5, 2010. These actions 
are not a re-proposal of the March 22, 2011, attainment determinations 
to suspend the requirements for the Chattanooga and Macon Areas to 
submit an attainment demonstration and associated RACM, a RFP plan, 
contingency measures, and other planning SIP revisions related to 
attainment of the standard. Rather, today's actions are simply focused 
on the date by which the areas had attaining data.

II. What is the background for these actions?

    As nonattainment areas for the 1997 annual PM2.5 NAAQS, 
the Chattanooga and Macon Areas had an applicable attainment date of 
April 5, 2010 (based on 2007-2009 monitoring data). Pursuant to section 
179(c) of the CAA, EPA is required to make a determination on whether 
the Areas attained the standard by their 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.'' Today's action is EPA's proposal that the Chattanooga and Macon 
areas attained the annual PM2.5 NAAQS by the applicable 
attainment date of April 5, 2010.

III. What is the air quality for the 1997 annual PM2.5 NAAQS 
for the 2007-2009 monitoring period?

    Under EPA regulations at 40 CFR 50.7, the 1997 annual primary and 
secondary PM2.5 standards are met when the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, is less than or equal to 15.0 [mu]g/m\3\ at all relevant 
monitoring sites in the subject area.
    EPA reviewed the ambient air monitoring data for the Chattanooga 
and Macon Areas in accordance with the provisions of 40 CFR part 50, 
Appendix N. 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 2007-
2009. The 3-year period from 2007-2009 is the period EPA must consider 
for areas that had an applicable attainment date of April 5, 2010.

A. Chattanooga

[[Page 31902]]



  Table 1--Annual Average Concentrations in the Chattanooga Area (2007-
                                  2009)
------------------------------------------------------------------------
                                                         Annual average
             Site name                   Site No.        concentration
                                                          ([mu]g/m\3\)
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Tombras Avenue....................        47-065-0031               12.6
Soddy Daisy High School...........        47-065-1011               11.7
Siskin Drive......................        47-065-4002               12.7
Rossville.........................        13-295-0002           \1\ 12.3
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    As shown above in Table 1, during the 2007-2009 design period, the 
Chattanooga Area met the 1997 annual PM2.5 NAAQS. The 
official annual design value for the Chattanooga Area for the 2007-2009 
period is 12.7 [mu]g/m\3\. More detailed information on the monitoring 
data for the Chattanooga Area during the 2007-2009 design period is 
provided in EPA's March 22, 2011, proposed rulemaking to approve the 
clean data determination for the Chattanooga Area for the 1997 annual 
PM2.5 NAAQS. See 76 FR 15895.
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    \1\ The Rossville site did not meet 75 percent data completeness 
for the 2007-2009 time period due to roof replacement and subsequent 
relocation of the monitor. Because the site passed data substitution 
analysis, the design value for the Area is the highest reading 
monitor, which is Tombras Avenue.
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B. Macon

                      Table 2--Annual Average Concentrations in the Macon Area (2007-2009)
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                                                                              Annual average     Annual average
                                                                              concentration      concentration
                         Site name                             Site No.        ([mu]g/m\3\)    ([mu]g/m\3\) with
                                                                              without  data           data
                                                                               substitution       substitution
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Macon Allied..............................................     13-021-0007            \2\13.7            \3\14.9
Macon SE..................................................     13-021-0012               12.0            \4\13.3
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    As shown above in Table 2, during the 2007-2009 design period, the 
Macon Area met the 1997 annual PM2.5 NAAQS both with and 
without data substitution. The official annual design value for the 
Macon Area for the 2007-2009 period is 13.7 [mu]g/m\3\. More detailed 
information on the monitoring data for the Macon Area during the 2007-
2009 design period is provided in EPA's March 22, 2011, proposed 
rulemaking to approve the clean data determination for the Macon Area 
for the 1997 annual PM2.5 NAAQS. See 76 FR 15892.
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    \2\ Macon Allied design value considers co-located data where 
primary data are not available.
    \3\ Macon Allied design value considers data substitution of 
58.1 [mu]g/m\3\ for all missing data in 1st quarter of 2008.
    \4\ Macon SE Annual Mean considers data substitution for second 
and fourth quarters of 2008 and 3rd quarter of 2009.
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IV. What is the effect of these actions?

    Today's actions are only proposed determinations that the 
Chattanooga and Macon Areas attained the 1997 annual PM2.5 
NAAQS by their applicable attainment date of April 5, 2010, consistent 
with CAA section 179(c)(1). Finalizing these proposed actions would not 
constitute a redesignation of either the Chattanooga or Macon Areas to 
attainment of 1997 annual PM2.5 NAAQS under section 
107(d)(3) of the CAA. Further, finalizing these proposed actions do not 
involve approving maintenance plans for either the Chattanooga or Macon 
Areas as required under section 175A of the CAA, nor would it find that 
the Chattanooga or Macon Areas have met all other requirements for 
redesignation. Even if EPA finalizes today's proposed actions, the 
designation status of the Chattanooga and Macon Areas would remain 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA determines that the individual area meets the CAA 
requirements for redesignation to attainment and takes action to 
redesignate the individual area.

V. What are the proposed actions?

    EPA is proposing to determine, based on quality-assured and 
certified monitoring data for the 2007-2009 monitoring period, that the 
Chattanooga and the Macon Areas attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. These proposed actions are being taken pursuant to section 
179(c)(1) of the CAA, and are consistent with the CAA and its 
implementing regulations.

VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on 
air quality, and would not impose additional requirements beyond those 
imposed by state law. For that reason, these proposed actions:
     Are not ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory action subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do not provide EPA with the discretionary authority to 
address, as

[[Page 31903]]

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, these proposed determinations that the Chattanooga and 
Macon Areas attained the 1997 annual average PM2.5 NAAQS by 
its applicable attainment date do 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, Particulate 
matter, Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 23, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011-13670 Filed 6-1-11; 8:45 am]
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