[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Proposed Rules]
[Pages 56701-56706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23527]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0604-201140; FRL-9464-1]


Approval and Promulgation of Implementation Plans and 
Designations of Areas for Air Quality Planning Purposes; Georgia: 
Atlanta; Determination of Attaining Data for the 1997 Annual Fine 
Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make two determinations regarding the 
Atlanta, Georgia, fine particulate (PM2.5) nonattainment 
area (hereafter referred to as the ``Atlanta Area'' or ``Area''). 
First, EPA is proposing to determine that the Area has attained the 
1997 annual average PM2.5 National Ambient Air Quality 
Standards (NAAQS). This proposed determination of attaining data is 
based upon complete, quality-assured and certified ambient air 
monitoring data for the 2008-2010 period showing that the Area has 
monitored attainment of the 1997 annual PM2.5 NAAQS. If EPA 
finalizes this proposed determination of attaining data, the 
requirements for the 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 
standard shall be suspended so long as the Area continues to attain the 
annual PM2.5 NAAQS. Second, EPA is also proposing to 
determine, based on quality-assured and certified monitoring data for 
the 2007-2009 monitoring period, that the area has attained the 1997 
annual PM2.5 NAAQS by its applicable attainment date of 
April 5, 2010.

DATES: Comments must be received on or before October 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0604, by one of the following methods:

[[Page 56702]]

    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9040.
    4. Mail: EPA-R04-OAR-2010-0604, 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: 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 normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office 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-
2010-0604. 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 website 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: Sara Waterson or Joel Huey, 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. Waterson may be 
reached by phone at (404) 562-9061 or via electronic mail at 
[email protected]. Mr. Huey may be reached by phone at (404) 562-
9104. Mr. Huey can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What actions is EPA taking?
II. What is the background for these actions?
III. Does the Atlanta Area meet the snnual PM2.5 NAAQS?
    A. Criteria
    B. Atlanta Area Air Quality
    C. Has the Atlanta Area met the 1997 annual PM2.5 air 
quality standard?
IV. What is the effect of these actions?
V. Statutory and Executive Order Reviews

I. What actions is EPA taking?

    EPA is proposing to determine that the Atlanta Area (comprised of 
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, De Kalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Heard, Henry, 
Newton, Paulding, Putnam, Rockdale, Spalding and Walton Counties) has 
attaining data for the 1997 annual PM2.5 NAAQS. The proposal 
is based upon complete, quality-assured and certified ambient air 
monitoring data for the 2008-2010 monitoring period that show that the 
Area has monitored attainment of the 1997 annual PM2.5 
NAAQS. EPA is also proposing to determine, in accordance with EPA's 
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664), 
that the Atlanta Area has attained the 1997 annual PM2.5 
NAAQS by its applicable attainment date of April 5, 2010.

II. What is the background for these actions?

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA 
published its air quality designations and classifications for the 1997 
PM2.5 NAAQS based upon air quality monitoring data from 
those monitors for calendar years 2001-2003. These designations became 
effective on April 5, 2005. The Atlanta Area was designated 
nonattainment for the 1997 annual PM2.5 NAAQS. See 40 CFR 
81.301.
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations, and promulgated a 24-hour 
NAAQS of 35 [mu]g/m\3\ based on a 3-year average of the 98th percentile 
of 24-hour concentrations. On November 13, 2009, EPA designated the 
Atlanta Area as nonattainment for the 2006 24-hour NAAQS (74 FR 58688). 
In that action, EPA also clarified the designations for the NAAQS 
promulgated in 1997, stating that the Atlanta Area was designated as 
nonattainment for the annual NAAQS but attainment for the 24-hour 
NAAQS. Thus, today's action does not address attainment of either the 
1997 or the 2006 24-hour NAAQS.
    In response to legal challenges of the annual NAAQS promulgated in 
2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) remanded this NAAQS to EPA for further consideration. 
See American Farm Bureau Federation and National Pork Producers 
Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, given 
that the 1997 and 2006 annual NAAQS are essentially identical, 
attainment of the 1997 annual NAAQS would also indicate attainment of 
the remanded 2006 annual NAAQS.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which the Agency provided guidance for state and tribal 
plans to implement the 1997 PM2.5 NAAQS. This

[[Page 56703]]

rule, at 40 CFR 51.1004(c), specifies some of the regulatory 
consequences of attaining the NAAQS, as discussed below.

III. Does the Atlanta area meet the annual PM2.5 NAAQS?

A. Criteria

    Today's proposed rulemaking assesses whether (1) The Atlanta Area 
has attained the 1997 annual PM2.5 NAAQS, based on the most 
recent three years of quality-assured data, and (2) whether the Area 
attained that NAAQS by its applicable attainment date of April 5, 2010. 
The Atlanta Area is comprised of Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, De Kalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Heard, Henry, Newton, Paulding, Putnam, Rockdale, 
Spalding and Walton Counties.
    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 [micro]g/m\3\ at all relevant 
monitoring sites in the subject area.

B. Atlanta Area Air Quality

    EPA has reviewed the ambient air monitoring data for the Atlanta 
Area 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 (AQS) database. This review addresses air 
quality data collected in two 3-year periods. The period 2007-2009 is 
used for the determination of attainment by attainment date because 
that was the last period of certified data prior to the required 
attainment date of April 5, 2010. The period 2008-2010 is used for the 
determination of attaining data because that is the most recent period 
of certified data available now available to EPA.
    Table 1 and the related discussion below show that, based on EPA's 
analysis of data for 2007-2009, the Area attained the 1997 annual 
PM2.5 standard by its attainment date of April 5, 2010. In 
addition, Table 2 and the related discussion below show that the Area 
continues to attain the standard based on available data for 2008-2010. 
There were data completeness issues at the Powder Springs, E. Rivers 
School, Fire Station 8/Georgia Tech, Gwinnett Tech, and 
Yorkville monitors for both the 2007-2009 and 2008-2010 periods. EPA 
performed a quarterly maximum data substitution test using 40 CFR Part 
50 Appendix N and the April 1999 Guideline on Data Handling Conventions 
for the PM NAAQS (http://epa.gov/ttncaaa1/t1/memoranda/pmfinal.pdf) for 
the monitors with less than 75 percent complete data. Further 
discussion on the data substitution can be found in the technical 
support document (TSD) for this proposal. The three year annual design 
values both with and without data substitution are provided in Table 1 
and Table 2 below. EPA's review of these data indicates that the 
Atlanta Area has met the 1997 annual PM2.5 NAAQS by the 
attainment date of April 5, 2010.
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    \1\ Fire Station 8 was relocated to the Georgia Tech 
campus in 2007 and assigned a separate AQS number. It moved back to 
Fire Station 8 at the end of 2008 and resumed normal 
operation. The annual average design value with data substitution 
was calculated by combining the data records for Fire Station 
8 and Georgia Tech.

 Table 1--2007-2009 Annual Average PM2.5 Concentrations for Monitors in the Atlanta, Georgia Nonattainment Area
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                                                                            Annual average
                                                                             concentration      Annual average
                      Location                             Site No.          ([mu]g/m\3\)        concentration
                                                                             without data      ([mu]g/m\3\) with
                                                                             substitution     data  substitution
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Georgia DOT.........................................         13-063-0091                13.5                 N/A
GA National Guard...................................         13-067-0003                13.4                 N/A
Powder Springs......................................         13-067-0004                12.6                13.1
South DeKalb........................................         13-089-0002                13.0                 N/A
Police Dept.........................................         13-089-2001                13.3                 N/A
E. Rivers School....................................         13-121-0032                13.4                14.2
Fire Station 8 \1\.........................         13-121-0039                 9.8                13.8
Gwinnett Tech.......................................         13-135-0002                12.7                13.3
Gainesville.........................................         13-139-0003                11.8                12.8
Yorkville...........................................         13-223-0003                12.0                12.7
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N/A--Not Applicable.


 Table 2--2008-2010 Annual Average PM2.5 Concentrations for Monitors in the Atlanta, Georgia Nonattainment Area
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                                                                            Annual average
                                                                             concentration      Annual average
                      Location                             Site No.          ([mu]g/m\3\)        concentration
                                                                             without data      ([mu]g/m\3\) with
                                                                             substitution     data  substitution
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Georgia DOT.........................................         13-063-0091                12.9                 N/A
GA National Guard...................................         13-067-0003                12.3                 N/A
Powder Springs......................................         13-067-0004                11.9                12.3
South Dekalb........................................         13-089-0002                12.1                 N/A
Police Dept.........................................         13-089-2001                12.3                 N/A
E. Rivers School....................................         13-121-0032                12.3                13.0
Fire Station 8 \2\.........................         13-121-0039                11.4                13.6
Gwinnett Tech.......................................         13-135-0002                12.1                12.5
Gainesville.........................................         13-139-0003                11.2                11.9

[[Page 56704]]

 
Yorkville...........................................         13-223-0003                11.0                11.6
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N/A--Not Applicable.

    The Powder Springs monitor has a 2007-2009 PM2.5 annual 
design value of 12.6 [mu]g/m\3\. Since the monitor had one incomplete 
quarter during the second quarter of 2009, data substitution was 
conducted. The annual mean was recalculated, and the resulting 2007-
2009 PM2.5 annual design value is 13.1 [mu]g/m\3\. The 
current 2008-2010 PM2.5 annual design value is 11.9 [mu]g/
m\3\. Data substitution was conducted for the second quarter of 2009. 
The annual mean was recalculated, and the resulting 2008-2010 
PM2.5 annual design value is 12.3 [mu]g/m\3\. This monitor 
is considered attaining with design values of 12.6 [mu]g/m\3\ and 11.9 
[mu]g/m\3\.
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    \2\ Fire Station 8 was relocated to the Georgia Tech 
campus in 2007 and assigned a separate AQS number. It moved back to 
Fire Station 8 at the end of 2008 and resumed normal 
operation. The annual average design value with data substitution 
was calculated by combining the data records for Fire Station 
8 and Georgia Tech.
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    The E. Rivers School monitor did not meet data completeness for the 
second and third quarters of 2009 due to roof repairs during the summer 
of 2009 that were out of the State's control. Georgia Environmental 
Protection Division appropriately notified Region 4 of the temporary 
site closure. Additionally, the fourth quarter in 2008 is also 
incomplete. The 2007-2009 PM2.5 annual design value is 13.4 
[mu]g/m\3\ and the 2008-2010 PM2.5 annual design value is 
12.3 [mu]g/m\3\. Data substitution was conducted and the recalculated 
annual design values are 14.2 [mu]g/m\3\ and 13.0 [mu]g/m\3\ 
respectively. This monitor is considered attaining with design values 
of 13.4 [mu]g/m\3\ for the 2007-2009 monitoring period and 12.3 [mu]g/
m\3\ for the 2008-2010 monitoring period.
    EPA's Office of Air Quality Planning and Standards (OAQPS) 
conducted an additional statistical analysis for the E. Rivers School 
monitor which indicates, as a weight of evidence, that despite the 
prolonged shut-down of the E. Rivers School monitor, the monitor would 
have attained in the 2007-2009 design value period. To evaluate air 
quality at the E. Rivers School monitor, EPA applied statistical 
analysis using data from other sites in the area. The approach, 
summarized in this section and further described in the TSD, is 
appropriate for this Area but may or may not be suitable for other 
areas with less than complete data. EPA will evaluate the 
appropriateness of this analytical approach on a case-by-case basis for 
determinations regarding each area with less than complete data.
    The first step in the analysis was to assess the correlation of 
concentrations at the E. Rivers School site with concentrations at 
other sites in the Area. The monitor in the Area that had the highest 
correlation with the E. Rivers School site was the Georgia DOT monitor; 
therefore, subsequent analyses used data from this site. The second 
step was to develop a regression equation expressing the relationship 
between concentrations at the E. Rivers School and the Georgia DOT 
monitors. This regression equation was used to estimate values at the 
E. Rivers School site on days during quarters with incomplete data when 
the E. Rivers School site did not measure concentrations. A 2007-2009 
design value for the E. Rivers School site was then calculated using 
these estimated values. Under this method, the 2007-2009 design value 
for the E. Rivers School site was estimated to be 13.6 [mu]g/m\3\.
    This estimated design value was then analyzed using a statistical 
method, referred to as the ``bootstrap method,'' that involves the use 
of regression residuals. In this analysis, EPA repeated the regression 
analysis 1,000 times with different values within the probability 
distribution of E. Rivers School concentrations that could be 
associated with given concentrations at the Georgia DOT monitor. From 
this analysis, as described in detail in the TSD, EPA determined that 
the upper end of the range of potential 2007-2009 design values 
obtained did not exceed the NAAQS. No exceedances of the NAAQS resulted 
from application of the statistical analysis. Therefore, EPA concluded 
that for 2007-2009, the annual average concentration of the E. Rivers 
School monitor is below the NAAQS.
    The Fire Station 8 monitor was relocated to the Georgia 
Tech campus and was assigned a separate AQS number. It was moved back 
to Fire Station 8 at the end of 2008 and resumed normal 
operation. There were no data completeness issues at either site during 
the times each site was operated. The data records of the two sites 
were combined and resulted in a 13.8 [mu]g/m\3\ design value for the 
2007-2009 design value period. As an additional weight of evidence, the 
bootstrap analysis described above for the E. Rivers School site was 
also conducted for the Fire Station 8 monitor and passed with 
a 2007-2009 design value of 14.1 [mu]g/m\3\. The South DeKalb monitor 
had the highest correlation with the Fire Station 8 monitor. 
This bootstrap analysis is further explained in the TSD for this 
document. The data records of the two sites were also combined for the 
2008-2010 design value period, which resulted in a 13.6 [mu]g/m\3\ 
design value.
    The Gwinnett Tech monitor has a 2007-2009 PM2.5 annual 
design value of 12.7 [mu]g/m\3\. Since the monitor had one incomplete 
quarter during the fourth quarter of 2008, data substitution was 
conducted. The annual mean was recalculated, and the resulting 2007-
2009 PM2.5 annual design value is 13.3 [mu]g/m\3\. The 2008-
2010 PM2.5 annual design value is 12.1 [mu]g/m\3\. Data 
substitution was conducted for the fourth quarter of 2008. The annual 
mean was recalculated, and the resulting 2008-2010 PM2.5 
annual design value is 12.5 [mu]g/m\3\. This monitor is considered 
attaining with design values of 12.7 [mu]g/m\3\ and 12.1 [mu]g/m\3\, 
respectively.
    The Gainesville monitor has a 2007-2009 PM2.5 annual 
design value of 11.8 [mu]g/m\3\. Since the monitor had two incomplete 
quarters during the third and fourth quarters of 2008, data 
substitution was conducted. The annual mean was recalculated, and the 
resulting 2007-2009 PM2.5 annual design value is 12.8 [mu]g/
m\3\. The current 2008-2010 PM2.5 annual design value is 
11.2 [mu]g/m\3\. Data substitution was conducted for the third and 
fourth quarters of 2008. The annual mean was recalculated, and the 
resulting 2008-2010 PM2.5 annual design value is 11.9 [mu]g/
m\3\. This monitor is considered

[[Page 56705]]

attaining with design values of 11.8 [mu]g/m\3\ and 11.2 [mu]g/m\3\.
    The Yorkville monitor has a 2007-2009 PM2.5 annual 
design value of 12.0 [mu]g/m\3\. Since the monitor had one incomplete 
quarter during the third quarter of 2009, data substitution was 
conducted. The annual mean was recalculated, and the resulting 2007-
2009 PM2.5 annual design value is 12.7 [mu]g/m\3\. The 
current 2008-2010 PM2.5 annual design value is 11.0 [mu]g/
m\3\. Data substitution was conducted for the third quarter of 2009. 
The annual mean was recalculated, and the resulting 2008-2010 
PM2.5 annual design value is 11.6 [mu]g/m\3\. This monitor 
is considered attaining with design values of 12.0 [mu]g/m\3\ and 11.0 
[mu]g/m\3\.
    EPA believes that the Atlanta Area is now meeting the 1997 annual 
PM2.5 NAAQS. Since few data are available for 2011, the 
2008-2010 data represent the most recent available data for EPA to use 
in its assessment. On the basis of this review, EPA is proposing to 
determine that the Atlanta Area has attained the 1997 annual 
PM2.5 NAAQS. EPA is soliciting public comments on its 
proposal to determine that the Atlanta Area has attained the 1997 
annual PM2.5 NAAQS with 2007-2009 as well as 2008-2010 data, 
and attained the 1997 annual PM2.5 NAAQS by the April 5, 
2010, attainment date using 2007-2009 data.

C. Has the Atlanta area met the 1997 annual PM2.5 air 
quality standard?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and recorded the data in the EPA AQS database, for the Atlanta 
Area from 2007 through the present time. On the basis of that review, 
EPA proposes to determine that this Area has attained and continues to 
attain the 1997 annual PM2.5 NAAQS based on the quality-
assured data for the 2007-2009 monitoring period, which demonstrates 
attainment by April 5, 2010, and the 2008-2010 monitoring period. In 
addition, based on EPA's review of the 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 Area attained the 1997 annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010.

IV. What is the effect of these actions?

    If this proposed determination of attaining data is made final, the 
requirements for the Atlanta Area to submit an attainment demonstration 
and associated RACM, a RFP plan, contingency measures, and any other 
planning SIPs related to attainment of the 1997 annual PM2.5 
NAAQS would be suspended for so long as the Area continues to attain 
the PM2.5 NAAQS. See 40 CFR 51.1004(c). Notably, as 
described below, any such determination would not be equivalent to the 
redesignation of the Area to attainment for the annual PM2.5 
NAAQS.
    If this proposed rulemaking is finalized and EPA subsequently 
determines, after notice-and-comment rulemaking in the Federal 
Register, that the Area has violated the annual PM2.5 NAAQS, 
the basis for the suspension of the specific requirements would no 
longer exist for the Atlanta Area, and the Area would thereafter have 
to address the applicable requirements. See 40 CFR 51.1004(c).
    Finalizing this proposed action would not constitute a 
redesignation of the Area to attainment of the annual PM2.5 
NAAQS under section 107(d)(3) of the Clean Air Act (CAA). Further, 
finalizing this proposed action does not involve approving a 
maintenance plan for the Area as required under section 175A of the 
CAA, nor would it find that the Area has met all other requirements for 
redesignation. Even if EPA finalizes the proposed action, the 
designation status of the Atlanta Area would remain nonattainment for 
the 1997 annual PM2.5 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.
    This action is only a proposed determination that the Atlanta Area 
has attained the 1997 annual PM2.5 NAAQS and has done so by 
the April 5, 2010, attainment date. Today's action does not address the 
24-hour PM2.5 NAAQS.
    If the Atlanta Area continues to monitor attainment of the annual 
PM2.5 NAAQS, the requirements for the Atlanta Area to submit 
an attainment demonstration and associated RACM, a RFP plan, 
contingency measures, and any other planning SIPs related to attainment 
of the annual PM2.5 NAAQS will remain suspended.
    In addition, if EPA's separate and independent proposed 
determination that the Area has attained the 1997 annual 
PM2.5 standard by its applicable attainment date (April 5, 
2010) is finalized, EPA will have met its requirement pursuant to 
section 179(c)(1) of the CAA to make a determination based on the 
Area's air quality data as of the attainment date whether the Area 
attained the standard by that date.
    These two actions described above are proposed determinations 
regarding the Atlanta Area's attainment only with respect to the 1997 
annual PM2.5 NAAQS. Today's actions do not address the 24-
hour PM2.5 NAAQS.

V. Statutory and Executive Order Reviews

    These actions propose to make determinations 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, these 
proposed actions:
     Are not ``significant regulatory actions'' 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 economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions 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 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 1997 annual PM2.5 NAAQS determinations for 
the Atlanta Area do 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.

[[Page 56706]]

    For purposes of judicial review, the two of the these 
determinations approved by today's action are severable from one 
another.

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: September 1, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-23527 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P