[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45419-45421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16449]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0839; FRL-9948-93-Region 4]


Determination of Attainment; Atlanta, Georgia; 2008 Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Atlanta, Georgia, 2008 Ozone National 
Ambient Air Quality Standard (NAAQS) Moderate Nonattainment Area 
(``Atlanta Area'' or the ``Area'') has attained the 2008 8-hour ozone 
NAAQS. This final determination is based upon complete, quality-
assured, and certified ambient air monitoring data showing that the 
Area has monitored attainment of the 2008 8-hour ozone NAAQS for the 
2013-2015 monitoring period. The requirement for this Area to submit an 
attainment demonstration and associated reasonably available control 
measures (RACM), reasonable further progress (RFP) plans, contingency 
measures, and other planning state implementation plans (SIPs) related 
to attainment of the 2008 8-hour ozone NAAQS is suspended until EPA 
redesignates the Area to attainment, approves a redesignation 
substitute, or determines that the Area has violated the 2008 8-hour 
ozone NAAQS. This final attainment determination does not constitute a 
redesignation to attainment. The Atlanta Area will remain in 
nonattainment status for the 2008 8-hour ozone NAAQS until such time as 
the State requests a redesignation to attainment and EPA determines 
that the Atlanta Area meets the Clean Air Act (CAA or Act) requirements 
for redesignation, including an approved maintenance plan.

DATES: This rule will be effective August 15, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0839. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding federal holidays.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three 
years) to provide increased protection of public health and the 
environment. See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level.

[[Page 45420]]

    Effective July 20, 2012, EPA designated any area that was violating 
the 2008 8-hour ozone NAAQS based on the three most recent years (2008-
2010) of air monitoring data as a nonattainment area. See 77 FR 30088 
(May 21, 2012). The Atlanta Area, consisting of Bartow, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Henry, Newton, Paulding, and Rockdale counties, was 
designated as a marginal ozone nonattainment area. See 40 CFR 81.311. 
Areas that were designated as marginal ozone nonattainment areas were 
required to attain the 2008 8-hour ozone NAAQS no later than July 20, 
2015, based on 2012-2014 monitoring data. The Atlanta Area did not 
attain the 2008 8-hour ozone NAAQS by July 20, 2015, and therefore on 
April 11, 2016, the EPA Administrator signed a final rule reclassifying 
the Atlanta Area from a marginal nonattainment area to a moderate 
nonattainment area for the 2008 8-hour ozone standard. See 81 FR 26697 
(May 4, 2016). Moderate areas are required to attain the 2008 8-hour 
ozone NAAQS by no later than July 20, 2018, six years after the 
effective date of the initial nonattainment designations. See 40 CFR 
51.1103. Air quality monitoring data from the 2013-2015 monitoring 
period show that the Atlanta Area is now attaining the 2008 8-hour 
ozone NAAQS.
    Under the provisions of EPA's ozone implementation rule for the 
2008 8-hour ozone NAAQS (40 CFR part 51, subpart AA), if EPA issues a 
determination that an area is attaining the relevant standard, also 
known as a Clean Data Determination, the area's obligations to submit 
an attainment demonstration and associated RACM, RFP, contingency 
measures, and other planning SIPs related to attainment of the 2008 8-
hour ozone NAAQS are suspended until EPA: (i) Redesignates the area to 
attainment for the standard or approves a redesignation substitute, at 
which time those requirements no longer apply; or (ii) EPA determines 
that the area has violated the standard, at which time the area is 
again required to submit such plans. See 40 CFR 51.1118. While these 
requirements are suspended, EPA is not precluded from acting upon these 
elements at any time if submitted to EPA for review and approval.
    An attainment determination is not equivalent to a redesignation 
under section 107(d)(3) of the CAA. The designation status of the 
Atlanta Area will remain nonattainment for the 2008 8-hour ozone NAAQS 
until such time as EPA determines that the Area meets the CAA 
requirements for redesignation to attainment, including an approved 
maintenance plan, and redesignates the Area. Additionally, the 
determination of attainment is separate from, and does not influence or 
otherwise affect, any future designation determination or requirements 
for the Atlanta Area based on any new or revised ozone NAAQS, and the 
determination of attainment remains in effect regardless of whether EPA 
designates this Area as a nonattainment area for purposes of any new or 
revised ozone NAAQS.
    In a notice of proposed rulemaking (NPRM) published on May 3, 2016, 
EPA proposed to determine that the Atlanta Area has attained the 2008 
8-hour ozone NAAQS. See 81 FR 26515 (May 3, 2016). No comments were 
received on the May 3, 2016, proposed rulemaking. The details of 
Georgia's submittal and the rationale for EPA's actions are further 
explained in the NPRM. See 81 FR 26515 (May 3, 2016).

II. Final Action

    EPA is making the determination that the Atlanta Area has attained 
the 2008 8-hour ozone NAAQS. This final determination is based upon 
complete, quality assured, and certified ambient air monitoring data 
showing that the Atlanta Area has monitored attainment of the 2008 8-
hour ozone NAAQS for the 2013-2015 monitoring period. The requirement 
for this Area to submit an attainment demonstration and associated 
RACM, a RFP plan, contingency measures, and other planning SIPs related 
to attainment of the 2008 8-hour ozone NAAQS are suspended until EPA 
redesignates the Area to attainment, approves a redesignation 
substitute, or determines that the Area has violated the standard.

III. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air 
quality data and does 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000) and 
will not impose substantial direct costs on tribal governments or 
preempt tribal law because it merely makes a determination based on air 
quality data.
    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 circuit by September 12, 2016. 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).

[[Page 45421]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Nitrogen dioxide, Volatile organic compounds.

    Dated: June 27, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 (e) to read as 
follows:


Sec.  52.582  Control strategy: Ozone.

* * * * *
    (e) Determination of attaining data. EPA has determined, as of July 
14, 2016, that the Atlanta, Georgia nonattainment area has attaining 
data for the 2008 8-hour ozone NAAQS. This determination, in accordance 
with 40 CFR 51.1118, suspends the requirements for this area to submit 
attainment demonstrations and associated reasonably available control 
measures, reasonable further progress plans, contingency measures for 
failure to attain or make reasonable progress, and other planning SIPs 
related to attainment of the 2008 ozone NAAQS, or for any prior NAAQS 
for which the determination has been made, until such time as: The area 
is redesignated to attainment for that NAAQS or a redesignation 
substitute is approved as appropriate, at which time the requirements 
no longer apply; or EPA determines that the area has violated that 
NAAQS, at which time the area is again required to submit such plans.

[FR Doc. 2016-16449 Filed 7-13-16; 8:45 am]
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