81_FR_26600 81 FR 26515 - Determination of Attainment; Atlanta, Georgia; 2008 Ozone National Ambient Air Quality Standards

81 FR 26515 - Determination of Attainment; Atlanta, Georgia; 2008 Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 85 (May 3, 2016)

Page Range26515-26517
FR Document2016-10167

The Environmental Protection Agency (EPA) is proposing 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 proposed 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. If EPA finalizes this proposed action, 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 will be 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 proposed 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.

Federal Register, Volume 81 Issue 85 (Tuesday, May 3, 2016)
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26515-26517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10167]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0839; FRL-9945-89-Region 4]


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 
proposed 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. If EPA finalizes this proposed action, 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 will be 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 proposed 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: Comments must be received on or before June 2, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0839, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Ms. Spann 
can be reached via phone at (404) 562-9029 or via electronic mail at 
spann.jane@epa.gov.

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. 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. A pre-publication version of the final rule 
can be found at EPA's Web site at: https://www.epa.gov/sites/production/files/2016-04/documents/20160411fr.pdf. 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

[[Page 26516]]

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.

II. EPA's Analysis

    The 2008 8-hour ozone NAAQS are met at a monitor when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average ozone 
concentrations at the ozone monitor is less than or equal to 0.075 ppm 
based on complete, consecutive calendar years of certified, quality-
assured ambient air monitoring data. See 40 CFR 50.15; 40 CFR part 50, 
appendix P. This 3-year average is referred to as the design value. 
When the design value is less than or equal to 0.075 ppm at each 
monitor within the area, then the area is attaining the NAAQS. Also, 
the data completeness requirement is met when the average percent of 
days with valid ambient monitoring data is greater than or equal to 90 
percent, and no single year has less than 75 percent data completeness 
as determined in 40 CFR part 50, appendix P. The data must be collected 
and quality-assured in accordance with 40 CFR part 58 and recorded in 
the EPA Air Quality System (AQS).
    EPA has reviewed the complete, quality-assured, and certified ozone 
ambient air monitoring data for the 2013-2015 monitoring period for the 
Atlanta Area. The design values for each monitor for this period are 
less than or equal to 0.075 ppm, and all of the monitors meet the data 
completeness requirements (see Table 1, below). Based on this data and 
consistent with the requirements contained in 40 CFR part 50, EPA has 
preliminarily concluded that this Area has attained the 2008 8-hour 
ozone NAAQS.

 Table 1--Atlanta Area 4th Highest Daily Maximum Ozone 8-Hour Averages and 8-Hour Ozone Design Values for 2013-
                                                      2015
----------------------------------------------------------------------------------------------------------------
                                                          4th Highest daily maximum value
             County                 Monitor ID   ------------------------------------------------  Design value
                                                       2013            2014            2015         (2013-2015)
----------------------------------------------------------------------------------------------------------------
Cobb............................       130670003              67            * 63              66            * 65
Coweta..........................       130770002              53              67              66              62
Dawson..........................       130850001              63              66              63              64
DeKalb..........................       130890002              62              70              71              67
Douglas.........................       130970004              63              65              70              66
Fulton..........................       131210055              69              73              77              73
Gwinnett........................       131350002              69              68              71              69
Henry...........................       131510002              70              75              70              71
Paulding........................       132230003              62              59              65              62
Pike............................       132319991              64              66              68              66
Rockdale........................       132470001              71              79              68              72
----------------------------------------------------------------------------------------------------------------
* Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction
  at the National Guard Depot.

    The data in Table 1 are taken from EPA's AQS database, available 
at: https://www.epa.gov/aqs. The AQS report with this data is available 
in the docket for this rulemaking.

III. Proposed Action

    EPA is proposing to determine that the Atlanta Area has attained 
the 2008 8-hour ozone NAAQS. This proposed 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. If EPA finalizes 
this proposal, 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 will be suspended until EPA redesignates the Area to attainment, 
approves a redesignation substitute, or determines that the Area has 
violated the standard.

IV. Statutory and Executive Order Reviews

    This proposed attainment determination would, if finalized, result 
in the suspension of certain federal requirements and would not impose 
any additional requirements. 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
     Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).

In addition, this proposed 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

[[Page 26517]]

because it merely makes a determination based on air quality data.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

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

    Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-10167 Filed 5-2-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                                Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules                                           26515

                                                      crossing over the Micaville, Bakersville,               The Atlanta Area will remain in                       a more protective level. Effective July
                                                      Huntdale (southeastern corner), and                     nonattainment status for the 2008 8-                  20, 2012, EPA designated any area that
                                                      Burnsville maps, then back onto the                     hour ozone NAAQS until such time as                   was violating the 2008 8-hour ozone
                                                      Huntdale map and continuing along the                   the State requests a redesignation to                 NAAQS based on the three most recent
                                                      Mitchell/Yancy County line, crossing                    attainment and EPA determines that the                years (2008–2010) of air monitoring data
                                                      onto the Chestoa map, to the                            Atlanta Area meets the Clean Air Act                  as a nonattainment area. See 77 FR
                                                      intersection of the Mitchell/Yancey                     (CAA or Act) requirements for                         30088 (May 21, 2012). The Atlanta Area,
                                                      County line with the Mitchell/Unicoi                    redesignation, including an approved                  consisting of Bartow, Cherokee, Clayton,
                                                      County line, which is concurrent with                   maintenance plan.                                     Cobb, Coweta, DeKalb, Douglas, Fayette,
                                                      the Tennessee/North Carolina State line;                DATES: Comments must be received on                   Forsyth, Fulton, Gwinnett, Henry,
                                                      then                                                    or before June 2, 2016.                               Newton, Paulding, and Rockdale
                                                        (34) Proceed northeasterly along the                  ADDRESSES: Submit your comments,                      counties, was designated as a marginal
                                                      Mitchell/Unicoi County line, crossing                   identified by Docket ID No. EPA–R04–                  ozone nonattainment area. See 40 CFR
                                                      back over the Huntsdale (northwestern                   OAR–2015–0839, at http://                             81.311. Areas that were designated as
                                                      corner) map and onto the Unicoi map,                    www.regulations.gov. Follow the online                marginal ozone nonattainment areas
                                                      and returning to the beginning point.                   instructions for submitting comments.                 were required to attain the 2008 8-hour
                                                        Signed: April 25, 2016.                               Once submitted, comments cannot be                    ozone NAAQS no later than July 20,
                                                                                                              edited or removed from Regulations.gov.               2015, based on 2012–2014 monitoring
                                                      Mary G. Ryan,
                                                                                                              The EPA may publish any comment                       data. The Atlanta Area did not attain the
                                                      Deputy Administrator.                                                                                         2008 8-hour ozone NAAQS by July 20,
                                                                                                              received to its public docket. Do not
                                                      [FR Doc. 2016–10291 Filed 5–2–16; 8:45 am]                                                                    2015, and therefore on April 11, 2016,
                                                                                                              submit electronically any information
                                                      BILLING CODE 4810–31–P
                                                                                                              you consider to be Confidential                       the EPA Administrator signed a final
                                                                                                              Business Information (CBI) or other                   rule reclassifying the Atlanta Area from
                                                                                                              information whose disclosure is                       a marginal nonattainment area to a
                                                      ENVIRONMENTAL PROTECTION                                restricted by statute. Multimedia                     moderate nonattainment area for the
                                                      AGENCY                                                  submissions (audio, video, etc.) must be              2008 8-hour ozone standard. A pre-
                                                                                                              accompanied by a written comment.                     publication version of the final rule can
                                                      40 CFR Part 52                                          The written comment is considered the                 be found at EPA’s Web site at: https://
                                                      [EPA–R04–OAR–2015–0839; FRL–9945–89–                    official comment and should include                   www.epa.gov/sites/production/files/
                                                      Region 4]                                               discussion of all points you wish to                  2016-04/documents/20160411fr.pdf.
                                                                                                              make. The EPA will generally not                      Moderate areas are required to attain the
                                                      Determination of Attainment; Atlanta,                   consider comments or comment                          2008 8-hour ozone NAAQS by no later
                                                      Georgia; 2008 Ozone National Ambient                    contents located outside of the primary               than July 20, 2018, six years after the
                                                      Air Quality Standards                                   submission (i.e. on the web, cloud, or                effective date of the initial
                                                                                                              other file sharing system). For                       nonattainment designations. See 40 CFR
                                                      AGENCY:  Environmental Protection                                                                             51.1103. Air quality monitoring data
                                                      Agency.                                                 additional submission methods, the full
                                                                                                              EPA public comment policy,                            from the 2013–2015 monitoring period
                                                      ACTION: Proposed rule.                                                                                        show that the Atlanta Area is now
                                                                                                              information about CBI or multimedia
                                                                                                              submissions, and general guidance on                  attaining the 2008 8-hour ozone
                                                      SUMMARY:   The Environmental Protection                                                                       NAAQS.
                                                      Agency (EPA) is proposing to determine                  making effective comments, please visit
                                                                                                              http://www2.epa.gov/dockets/                             Under the provisions of EPA’s ozone
                                                      that the Atlanta, Georgia, 2008 Ozone                                                                         implementation rule for the 2008 8-hour
                                                      National Ambient Air Quality Standard                   commenting-epa-dockets.
                                                                                                                                                                    ozone NAAQS (40 CFR part 51, subpart
                                                      (NAAQS) Moderate Nonattainment Area                     FOR FURTHER INFORMATION CONTACT: Jane
                                                                                                                                                                    AA), if EPA issues a determination that
                                                      (‘‘Atlanta Area’’ or the ‘‘Area’’) has                  Spann, Air Regulatory Management                      an area is attaining the relevant
                                                      attained the 2008 8-hour ozone NAAQS.                   Section, Air Planning and                             standard, also known as a Clean Data
                                                      This proposed determination is based                    Implementation Branch, Air, Pesticides                Determination, the area’s obligations to
                                                      upon complete, quality-assured, and                     and Toxics Management Division, U.S.                  submit an attainment demonstration
                                                      certified ambient air monitoring data                   Environmental Protection Agency,                      and associated RACM, RFP, contingency
                                                      showing that the Area has monitored                     Region 4, 61 Forsyth Street SW.,                      measures, and other planning SIPs
                                                      attainment of the 2008 8-hour ozone                     Atlanta, Georgia 30303–8960. Ms.                      related to attainment of the 2008 8-hour
                                                      NAAQS for the 2013–2015 monitoring                      Spann can be reached via phone at (404)               ozone NAAQS are suspended until EPA:
                                                      period. If EPA finalizes this proposed                  562–9029 or via electronic mail at                    (i) Redesignates the area to attainment
                                                      action, the requirement for this Area to                spann.jane@epa.gov.                                   for the standard or approves a
                                                      submit an attainment demonstration                      SUPPLEMENTARY INFORMATION:                            redesignation substitute, at which time
                                                      and associated reasonably available                                                                           those requirements no longer apply; or
                                                      control measures (RACM), reasonable                     I. Background
                                                                                                                                                                    (ii) EPA determines that the area has
                                                      further progress (RFP) plans,                              On March 12, 2008, EPA revised both                violated the standard, at which time the
                                                      contingency measures, and other                         the primary and secondary NAAQS for                   area is again required to submit such
                                                      planning state implementation plans                     ozone to a level of 0.075 parts per                   plans. See 40 CFR 51.1118. While these
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      (SIPs) related to attainment of the 2008                million (ppm) (annual fourth-highest                  requirements are suspended, EPA is not
                                                      8-hour ozone NAAQS will be                              daily maximum 8-hour average                          precluded from acting upon these
                                                      suspended until EPA redesignates the                    concentration, averaged over three                    elements at any time if submitted to
                                                      Area to attainment, approves a                          years) to provide increased protection of             EPA for review and approval.
                                                      redesignation substitute, or determines                 public health and the environment. See                   An attainment determination is not
                                                      that the Area has violated the 2008 8-                  73 FR 16436 (March 27, 2008). The 2008                equivalent to a redesignation under
                                                      hour ozone NAAQS. This proposed                         ozone NAAQS retains the same general                  section 107(d)(3) of the CAA. The
                                                      attainment determination does not                       form and averaging time as the 0.08                   designation status of the Atlanta Area
                                                      constitute a redesignation to attainment.               ppm NAAQS set in 1997, but is set at                  will remain nonattainment for the 2008


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                                                      26516                                Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules

                                                      8-hour ozone NAAQS until such time as                                       average of the annual fourth-highest                      part 50, appendix P. The data must be
                                                      EPA determines that the Area meets the                                      daily maximum 8-hour average ozone                        collected and quality-assured in
                                                      CAA requirements for redesignation to                                       concentrations at the ozone monitor is                    accordance with 40 CFR part 58 and
                                                      attainment, including an approved                                           less than or equal to 0.075 ppm based                     recorded in the EPA Air Quality System
                                                      maintenance plan, and redesignates the                                      on complete, consecutive calendar years                   (AQS).
                                                      Area. Additionally, the determination of                                    of certified, quality-assured ambient air                   EPA has reviewed the complete,
                                                      attainment is separate from, and does                                       monitoring data. See 40 CFR 50.15; 40                     quality-assured, and certified ozone
                                                      not influence or otherwise affect, any                                      CFR part 50, appendix P. This 3-year                      ambient air monitoring data for the
                                                      future designation determination or                                         average is referred to as the design
                                                      requirements for the Atlanta Area based                                                                                               2013–2015 monitoring period for the
                                                                                                                                  value. When the design value is less                      Atlanta Area. The design values for each
                                                      on any new or revised ozone NAAQS,
                                                                                                                                  than or equal to 0.075 ppm at each                        monitor for this period are less than or
                                                      and the determination of attainment
                                                      remains in effect regardless of whether                                     monitor within the area, then the area                    equal to 0.075 ppm, and all of the
                                                      EPA designates this Area as a                                               is attaining the NAAQS. Also, the data                    monitors meet the data completeness
                                                      nonattainment area for purposes of any                                      completeness requirement is met when                      requirements (see Table 1, below).
                                                      new or revised ozone NAAQS.                                                 the average percent of days with valid                    Based on this data and consistent with
                                                                                                                                  ambient monitoring data is greater than                   the requirements contained in 40 CFR
                                                      II. EPA’s Analysis                                                          or equal to 90 percent, and no single                     part 50, EPA has preliminarily
                                                         The 2008 8-hour ozone NAAQS are                                          year has less than 75 percent data                        concluded that this Area has attained
                                                      met at a monitor when the 3-year                                            completeness as determined in 40 CFR                      the 2008 8-hour ozone NAAQS.

                                                             TABLE 1—ATLANTA AREA 4TH HIGHEST DAILY MAXIMUM OZONE 8-HOUR AVERAGES AND 8-HOUR OZONE DESIGN
                                                                                                  VALUES FOR 2013–2015
                                                                                                                                                                                4th Highest daily maximum value           Design value
                                                                                             County                                                  Monitor ID                                                           (2013–2015)
                                                                                                                                                                              2013            2014            2015

                                                      Cobb .....................................................................................      130670003                      67              * 63            66            * 65
                                                      Coweta .................................................................................        130770002                      53                67            66              62
                                                      Dawson ................................................................................         130850001                      63                66            63              64
                                                      DeKalb .................................................................................        130890002                      62                70            71              67
                                                      Douglas ................................................................................        130970004                      63                65            70              66
                                                      Fulton ...................................................................................      131210055                      69                73            77              73
                                                      Gwinnett ...............................................................................        131350002                      69                68            71              69
                                                      Henry ....................................................................................      131510002                      70                75            70              71
                                                      Paulding ...............................................................................        132230003                      62                59            65              62
                                                      Pike ......................................................................................     132319991                      64                66            68              66
                                                      Rockdale ..............................................................................         132470001                      71                79            68              72
                                                         * Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction at the National Guard Depot.


                                                        The data in Table 1 are taken from                                        IV. Statutory and Executive Order                           • Does not have Federalism
                                                      EPA’s AQS database, available at:                                           Reviews                                                   implications as specified in Executive
                                                      https://www.epa.gov/aqs. The AQS                                                                                                      Order 13132 (64 FR 43255, August 10,
                                                                                                                                     This proposed attainment                               1999);
                                                      report with this data is available in the                                   determination would, if finalized, result
                                                      docket for this rulemaking.                                                 in the suspension of certain federal                        • Is not an economically significant
                                                                                                                                  requirements and would not impose any                     regulatory action based on health or
                                                      III. Proposed Action
                                                                                                                                  additional requirements. For that                         safety risks subject to Executive Order
                                                         EPA is proposing to determine that                                       reason, this proposed action:                             13045 (62 FR 19885, April 23, 1997);
                                                      the Atlanta Area has attained the 2008                                         • Is not a ‘‘significant regulatory                      • Is not a significant regulatory action
                                                      8-hour ozone NAAQS. This proposed                                           action’’ subject to review by the Office                  subject to Executive Order 13211 (66 FR
                                                      determination is based upon complete,                                       of Management and Budget under                            28355, May 22, 2001);
                                                      quality assured, and certified ambient                                      Executive Order 12866 (58 FR 51735,                         • Is not subject to requirements of
                                                      air monitoring data showing that the                                        October 4, 1993);                                         section 12(d) of the National
                                                      Atlanta Area has monitored attainment                                          • Does not impose an information                       Technology Transfer and Advancement
                                                      of the 2008 8-hour ozone NAAQS for                                          collection burden under the provisions                    Act of 1995 (15 U.S.C. 272 note) because
                                                      the 2013–2015 monitoring period. If                                         of the Paperwork Reduction Act (44                        application of those requirements would
                                                      EPA finalizes this proposal, the                                            U.S.C. 3501 et seq.);                                     be inconsistent with the CAA; and
                                                      requirement for this Area to submit an                                         • Is certified as not having a                           • Will not have disproportionate
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                                                      attainment demonstration and                                                significant economic impact on a                          human health or environmental effects
                                                      associated RACM, a RFP plan,                                                substantial number of small entities                      under Executive Order 12898 (59 FR
                                                      contingency measures, and other                                             under the Regulatory Flexibility Act (5                   7629, February 16, 1994).
                                                      planning SIPs related to attainment of                                      U.S.C. 601 et seq.);                                      In addition, this proposed rule does not
                                                      the 2008 8-hour ozone NAAQS will be                                            • Does not contain any unfunded                        have tribal implications as specified by
                                                      suspended until EPA redesignates the                                        mandate or significantly or uniquely                      Executive Order 13175 (65 FR 67249,
                                                      Area to attainment, approves a                                              affect small governments, as described                    November 9, 2000) and will not impose
                                                      redesignation substitute, or determines                                     in the Unfunded Mandates Reform Act                       substantial direct costs on tribal
                                                      that the Area has violated the standard.                                    of 1995 (Pub. L. 104–4);                                  governments or preempt tribal law


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                                                                                  Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules                                                                     26517

                                                      because it merely makes a                                  SUMMARY:   The Federal Maritime                                             Maritime Commission, 800 North
                                                      determination based on air quality data.                   Commission is proposing to reorganize                                       Capitol Street NW., Washington, DC
                                                                                                                 several subparts of its Rules of Practice                                   20573–0001, Phone: (202) 523–5725,
                                                      List of Subjects in 40 CFR Part 52
                                                                                                                 and Procedure and revise its rules                                          Email: secretary@fmc.gov.
                                                        Environmental protection, Air                            regarding presentation of evidence in
                                                      pollution control, Incorporation by                        Commission proceedings.                                                     SUPPLEMENTARY INFORMATION:      The
                                                      reference, Intergovernmental relations,                                                                                                Commission is proposing to update or
                                                                                                                 DATES: Submit comments on or before
                                                      Ozone, Reporting and recordkeeping                                                                                                     reorganize several subparts of 46 CFR
                                                                                                                 July 5, 2016.
                                                      requirements.                                                                                                                          part 502, its Rules of Practice and
                                                                                                                 ADDRESSES: You may submit comments,
                                                         Authority: 42 U.S.C. 7401 et seq.                                                                                                   Procedure, and to substantively revise
                                                                                                                 identified by the docket number in the                                      the subpart regarding how hearings are
                                                        Dated: April 20, 2016.                                   heading of this document, by any of the                                     conducted to improve guidance
                                                      Heather McTeer Toney,                                      following methods:
                                                                                                                                                                                             concerning the presentation of evidence
                                                      Regional Administrator, Region 4.                            • Email: secretary@fmc.gov. Include
                                                                                                                                                                                             in Commission proceedings. Certain
                                                      [FR Doc. 2016–10167 Filed 5–2–16; 8:45 am]                 in the subject line: ‘‘Docket No. 16–08,
                                                                                                                 Commenter/Company Name.’’                                                   current rules would also be removed to
                                                      BILLING CODE 6560–50–P
                                                                                                                 Comments should be attached to the                                          clarify current practice and eliminate
                                                                                                                 email as a Microsoft Word or text-                                          duplication.
                                                                                                                 searchable PDF document. Comments                                           Reorganization of Part 502
                                                      FEDERAL MARITIME COMMISSION
                                                                                                                 containing confidential information
                                                      46 CFR Part 502                                            should not be submitted by email.                                             Part 502 sets out the rules governing
                                                                                                                   • Mail: Karen V. Gregory, Secretary,                                      procedure in all types of Commission
                                                      [Docket No. 16–08]                                         Federal Maritime Commission, 800                                            proceedings. However, after years of
                                                      RIN 3072–AC64                                              North Capitol Street NW., Washington,                                       revisions, some users find the grouping
                                                                                                                 DC 20573–0001.                                                              and ordering of the subparts confusing.
                                                      Rules of Practice and Procedure;                             • Docket: For access to the docket to                                     The Commission proposes to reorder
                                                      Presentation of Evidence in                                read background documents or                                                and rename certain subparts to better
                                                      Commission Proceedings                                     comments received, go to: http://                                           reflect the chronology of a typical
                                                                                                                 www.fmc.gov/16-08.                                                          adjudication, and to distinguish other
                                                      AGENCY:   Federal Maritime Commission.
                                                                                                                 FOR FURTHER INFORMATION CONTACT:                                            types of proceedings, as enumerated in
                                                      ACTION:   Notice of proposed rulemaking.
                                                                                                                 Karen V. Gregory, Secretary, Federal                                        this table:

                                                                   Current 46 CFR part 502                                  Proposed New 46 CFR part 502                                                      Revisions

                                                      Subpart A, General Information .........................      ......................................................................   Redesignate § 502.141 as § 502.14.
                                                      Subpart E, Proceedings; Pleadings; Motions;                Subpart E, Private Complaints and Commis-                                   Separate subpart E in to subparts E and F,
                                                        Replies.                                                   sion Investigations.                                                        relocate and regroup rules within both sub-
                                                                                                                                                                                               parts.
                                                      Subpart F, Settlement; Prehearing Procedure ...            Subpart F, Petitions, Exemptions and Orders                                 Separate subpart E in to subparts E and F,
                                                                                                                   to Show Cause.                                                              relocate and regroup rules within both sub-
                                                                                                                                                                                               parts.
                                                      Subpart J, Hearings; Presiding Officers; Evi-              Subpart L, Presentation of Evidence ...............                         Revise several sections and relocate all (see
                                                        dence.                                                                                                                                 Table below).
                                                      Subpart K, Shortened Procedure .......................     Subpart K [Reserved] ......................................                 Remove subpart K in its entirety.
                                                      Subpart L, Disclosures and Discovery ...............       Subpart J, Disclosures and Discovery .............                          Relocate and redesignate all rules to subpart
                                                                                                                                                                                               J.
                                                      Subpart M, Briefs; Requests for Findings; Deci-            Subpart M; Decisions, Appeals, Exceptions ....                              Relocate § 502.153, remove § 502.222 and
                                                        sions; Exceptions.                                                                                                                     retitle.



                                                      Subpart A                                                  Investigations.’’ Revised subpart E                                           Subpart F would be revised to apply
                                                        In subpart A several cross references                    would contain the procedures for                                            to proceedings other than private
                                                      would be corrected and current                             institution of those proceedings,                                           complaints and Commission
                                                      § 502.141 that establishes the                             motions practice, opportunity for                                           investigations, titled: ‘‘Petitions,
                                                      Commission may hold hearings that are                      settlement, and other related rules.                                        Exemptions, and Orders to Show
                                                      not part of an adjudicatory process,                       Section 502.61 which opens the subpart                                      Cause.’’ These types of proceedings are
                                                      would be moved to this subpart as                          would be revised by moving and                                              generally distinct from complaint and
                                                      general information and retitled.                          amending a rule on notice of hearings                                       investigation proceedings. With clear
                                                                                                                 from subpart J.                                                             headings, the proposed rules are
                                                      Subpart D                                                                                                                              intended to be easier for the user to
                                                        Cross references are corrected in                        Subpart F                                                                   locate. Revised subpart F would
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      subpart D.                                                                                                                             encompass current §§ 502.73 through
                                                                                                                   Current subpart F addresses                                               502.77.
                                                      Subpart E                                                  Settlement and Prehearing Procedure.
                                                                                                                 Inasmuch as those subject areas are part                                    Subparts J, and L
                                                         Subpart E, currently ‘‘Proceedings,
                                                      Pleading, Motions, Replies’’ would                         of the process in adjudicatory                                                The Commission proposes changes to
                                                      apply only to adjudications of private                     proceedings, they would be divided and                                      subpart J, ‘‘Hearings; Presiding Officers;
                                                      complaints and Commission                                  moved into subpart E and a revised                                          Evidence’’, and subpart L, ‘‘Disclosure
                                                      investigations and would be renamed                        subpart L governing presentation of                                         and Discovery’’ to more logically and
                                                      ‘‘Private Complaints and Commission                        evidence.                                                                   chronologically group the processes


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Document Created: 2016-05-03 00:30:40
Document Modified: 2016-05-03 00:30:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before June 2, 2016.
ContactJane Spann, 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. Ms. Spann can be reached via phone at (404) 562-9029 or via electronic mail at [email protected]
FR Citation81 FR 26515 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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