[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36873-36875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15616]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-1036-201138; FRL-9322-4]


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to determine that the Atlanta, 
Georgia 1997 8-hour ozone 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'' or ``the 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. This

[[Page 36874]]

determination 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. The requirement for the State of Georgia to 
submit an attainment demonstration and associated reasonably available 
control measures (RACM) analyses, reasonable further progress (RFP) 
plans, contingency measures, and other planning State Implementation 
Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for 
the Atlanta Area, shall be suspended for as long as the Area continues 
to meet the 1997 8-hour ozone NAAQS.

DATES: Effective Date: This final rule is effective on July 25, 2011.

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 http://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 http://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: 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 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 EPA's final action?
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the Atlanta Area has attained the 1997 8-
hour ozone NAAQS. This determination is based upon quality assured, 
quality controlled and certified ambient air monitoring data that shows 
the Atlanta Area has monitored attainment of the 1997 8-hour ozone 
NAAQS based on the 2008-2010 data.
    Other specific requirements of the determination and the rationale 
for EPA's final action are explained in the notice of proposed 
rulemaking (NPR) published on March 25, 2011, (76 FR 16718) and will 
not be restated here. The comment period closed on April 25, 2011. EPA 
did not receive any comments on the March 25, 2011, NPR.

II. What is the effect of this action?

    This final action, in accordance with 40 CFR 51.918, suspends the 
requirements for the Atlanta Area to submit attainment demonstrations, 
associated RACM, RFP, contingency measures, and other planning SIPs 
related to attainment of the 1997 8-hour ozone NAAQS as long as the 
Area continues to meet the 1997 8-hour ozone NAAQS. Finalizing this 
action does not constitute a redesignation of the Atlanta Area to 
attainment for the 1997 8-hour ozone NAAQS under section 107(d)(3) of 
the Clean Air Act (CAA or Act). Further, finalizing this action does 
not involve approving maintenance plans for the Area as required under 
section 175A of the CAA, nor does it involve a determination that the 
Area has met all requirements for a redesignation.

III. What is EPA's final action?

    EPA is taking final action to determine that the Atlanta Area has 
attaining data for the 1997 8-hour ozone NAAQS. This determination is 
based upon quality assured, quality controlled, and certified ambient 
air monitoring data showing that the Atlanta Area has monitored 
attainment of the 1997 8-hour ozone NAAQS during the period 2008-2010. 
This final action, in accordance with 40 CFR 51.918, will suspend the 
requirements for this Area to submit attainment demonstrations, 
associated RACM, RFP plans, contingency measures, and other planning 
SIPs related to attainment of the 1997 8-hour ozone NAAQS as long as 
the Area continues to meet the 1997 8-hour ozone NAAQS.

IV. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air 
quality, and will result in the suspension of certain federal 
requirements, and it will 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).
    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

[[Page 36875]]

circuit by August 22, 2011. Filing a petition for reconsideration by 
the Administrator of this final rule does not affect the finality of 
this action 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, Intergovernmental 
relations, Incorporation by reference, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds, Oxides of 
nitrogen.

    Dated: June 9, 2011.
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 52.582 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.582  Control strategy: Ozone.

* * * * *
    (d) Determination of attaining data. EPA has determined, as of June 
23, 2011, the Atlanta, Georgia nonattainment area has attaining data 
for the 1997 8-hour ozone NAAQS. This determination, in accordance with 
40 CFR 51.918, suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 8-hour ozone NAAQS.

[FR Doc. 2011-15616 Filed 6-22-11; 8:45 am]
BILLING CODE 6560-50-P