81 FR 45419 - Determination of Attainment; Atlanta, Georgia; 2008 Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 135 (July 14, 2016)
Federal Register Volume 81, Issue 135 (July 14, 2016)
| Page Range | 45419-45421 | |
| FR Document | 2016-16449 |
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)] [Rules and Regulations] [Pages 45419-45421] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16449] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45419
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND DE 01 AQIS–3285’’ (state effective date
Environmental protection, Air PROMULGATION OF 4/9/03) from the table.
pollution control, Carbon monoxide, IMPLEMENTATION PLANS ■ b. Amend paragraph (e) by adding an
Incorporation by reference, entry at the end of Table 2—Attainment,
Intergovernmental relations, Lead, ■ 1. The authority citation for Part 52 Maintenance, and Other Plans for
Nitrogen dioxide, Ozone, Particulate continues to read as follows: ‘‘Carbon Monoxide 2nd 10-Year Limited
matter, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. Maintenance Plan.’’
requirements, Sulfur oxides, Volatile
organic compounds. The addition reads as follows:
Subpart WW—Washington
Dated: June 29, 2016. § 52.2470 Identification of plan.
Michelle L. Pirzadeh, ■ 2. In § 52.2470: * * * * *
Acting Regional Administrator, Region 10. ■ a. Amend paragraph (d) by removing
(e) * * *
For the reasons set forth in the the entries for ‘‘Kaiser Order DE 01
preamble, 40 CFR part 52 is amended as AQIS–3285’’ (state effective date 10/24/
follows: 01) and ‘‘Kaiser Order Amendment #1
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or State submittal
Name of SIP provision EPA approval date Explanations
nonattainment date
area
* * * * * * *
Carbon Monoxide 2nd 10-Year Limited Main- Spokane ........ 5/11/16 7/14/2016, [Insert Federal Register citation]
tenance Plan.
[FR Doc. 2016–16452 Filed 7–13–16; 8:45 am] attainment of the 2008 8-hour ozone Management Division, U.S.
BILLING CODE 6560–50–P NAAQS is suspended until EPA Environmental Protection Agency,
redesignates the Area to attainment, Region 4, 61 Forsyth Street SW.,
approves a redesignation substitute, or Atlanta, Georgia 30303–8960. EPA
ENVIRONMENTAL PROTECTION determines that the Area has violated requests that if at all possible, you
AGENCY the 2008 8-hour ozone NAAQS. This contact the person listed in the FOR
final attainment determination does not FURTHER INFORMATION CONTACT section to
40 CFR Part 52 constitute a redesignation to attainment. schedule your inspection. The Regional
[EPA–R04–OAR–2015–0839; FRL–9948–93–
The Atlanta Area will remain in Office’s official hours of business are
Region 4] nonattainment status for the 2008 8- Monday through Friday 8:30 a.m. to
hour ozone NAAQS until such time as 4:30 p.m., excluding federal holidays.
Determination of Attainment; Atlanta, the State requests a redesignation to
attainment and EPA determines that the FOR FURTHER INFORMATION CONTACT: Jane
Georgia; 2008 Ozone National Ambient
Atlanta Area meets the Clean Air Act Spann, Air Regulatory Management
Air Quality Standards
(CAA or Act) requirements for Section, Air Planning and
AGENCY: Environmental Protection redesignation, including an approved Implementation Branch, Air, Pesticides
Agency. maintenance plan. and Toxics Management Division,
ACTION: Final rule. Region 4, U.S. Environmental Protection
DATES: This rule will be effective August Agency, 61 Forsyth Street SW., Atlanta,
SUMMARY: The Environmental Protection 15, 2016. Georgia 30303–8960. Ms. Spann can be
Agency (EPA) is taking final action to ADDRESSES: EPA has established a reached via phone at (404) 562–9029 or
determine that the Atlanta, Georgia, docket for this action under Docket via electronic mail at spann.jane@
2008 Ozone National Ambient Air Identification No. EPA–R04–OAR– epa.gov.
Quality Standard (NAAQS) Moderate 2015–0839. All documents in the docket
Nonattainment Area (‘‘Atlanta Area’’ or are listed on the www.regulations.gov SUPPLEMENTARY INFORMATION:
the ‘‘Area’’) has attained the 2008 8- Web site. Although listed in the index, I. Background
hour ozone NAAQS. This final some information may not be publicly
determination is based upon complete, available, i.e., Confidential Business On March 12, 2008, EPA revised both
quality-assured, and certified ambient Information or other information whose the primary and secondary NAAQS for
air monitoring data showing that the disclosure is restricted by statute. ozone to a level of 0.075 parts per
Area has monitored attainment of the Certain other material, such as million (ppm) (annual fourth-highest
2008 8-hour ozone NAAQS for the copyrighted material, is not placed on daily maximum 8-hour average
2013–2015 monitoring period. The the Internet and will be publicly concentration, averaged over three
mstockstill on DSK3G9T082PROD with RULES
requirement for this Area to submit an available only in hard copy form. years) to provide increased protection of
attainment demonstration and Publicly available docket materials are public health and the environment. See
associated reasonably available control available either electronically through 73 FR 16436 (March 27, 2008). The 2008
measures (RACM), reasonable further www.regulations.gov or in hard copy at ozone NAAQS retains the same general
progress (RFP) plans, contingency the Air Regulatory Management Section, form and averaging time as the 0.08
measures, and other planning state Air Planning and Implementation ppm NAAQS set in 1997, but is set at
implementation plans (SIPs) related to Branch, Air, Pesticides and Toxics a more protective level.
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List of Subjects in 40 CFR Part 52 SUMMARY: The Environmental Protection I. Background
Environmental protection, Air Agency (EPA) is taking direct final
action to approve a revision to a State Sections 108 and 109 of the CAA
pollution control, Incorporation by govern the establishment, review, and
reference, Ozone, Nitrogen dioxide, Implementation Plan (SIP) submitted by
the State of North Carolina, through the revision, as appropriate, of the NAAQS
Volatile organic compounds. to protect public health and welfare.
North Carolina Department of
Dated: June 27, 2016. Environmental Quality’s (NCDEQ) The CAA requires periodic review of the
Heather McTeer Toney, Division of Air Quality (DAQ) on air quality criteria—the science upon
Regional Administrator, Region 4. December 11, 2015, that incorporates which the standards are based—and the
40 CFR part 52 is amended as follows: amendments to the state rules reflecting standards themselves. EPA’s regulatory
the 2012 national ambient air quality provisions that govern the NAAQS are
PART 52—APPROVAL AND standards (NAAQS) for fine particulate found at 40 CFR 50—National Primary
PROMULGATION OF matter (PM2.5). This action is being and Secondary Ambient Air Quality
IMPLEMENTATION PLANS taken pursuant to the Clean Air Act Standards. In this rulemaking, EPA is
(CAA or Act). taking direct final action to approve
■ 1. The authority citation for part 52 North Carolina’s December 11, 2015,
continues to read as follows: DATES: This direct final rule is effective submission amending the State’s
Authority: 42 U.S.C. 7401 et seq. September 12, 2016 without further regulations to incorporate the NAAQS
notice, unless EPA receives adverse for PM2.5, which are found at 15A North
Subpart L—Georgia comment by August 15, 2016. If EPA Carolina Administrative Code (NCAC)
receives such comments, it will publish 02D .0410. The SIP submittal amending
■ 2. Section 52.582 is amended by a timely withdrawal of the direct final North Carolina’s rules to incorporate the
adding paragraph (e) to read as follows: rule in the Federal Register and inform NAAQS can be found in the docket for
§ 52.582 Control strategy: Ozone.
the public that the rule will not take this rulemaking at www.regulations.gov
effect. and is summarized below.
* * * * *
(e) Determination of attaining data. ADDRESSES: Submit your comments, II. Analysis of State’s Submittal
EPA has determined, as of July 14, 2016, identified by Docket ID No. EPA–R04–
that the Atlanta, Georgia nonattainment OAR–2016–0106 at http:// On December 14, 2012, EPA
area has attaining data for the 2008 8- www.regulations.gov. Follow the online promulgated a revised primary annual
hour ozone NAAQS. This instructions for submitting comments. PM2.5 NAAQS. See 78 FR 3086. In that
determination, in accordance with 40 Once submitted, comments cannot be action, EPA revised the primary annual
CFR 51.1118, suspends the edited or removed from Regulations.gov. PM2.5 standard, strengthening it from
requirements for this area to submit EPA may publish any comment received 15.0 micrograms per cubic meter (mg/
attainment demonstrations and to its public docket. Do not submit m3) to 12.0 mg/m3, and retained the
associated reasonably available control electronically any information you existing 24-hour PM2.5 standard at 35
measures, reasonable further progress consider to be Confidential Business mg/m3. Accordingly, in the December
plans, contingency measures for failure Information (CBI) or other information 11, 2015, SIP submittal, North Carolina
to attain or make reasonable progress, whose disclosure is restricted by statute. revised state rule 15A NCAC 02D .0410
and other planning SIPs related to Multimedia submissions (audio, video, PM2.5 Particulate Matter to update the
attainment of the 2008 ozone NAAQS, etc.) must be accompanied by a written primary air quality standard for PM2.5 to
or for any prior NAAQS for which the comment. The written comment is be consistent with the NAAQS that were
determination has been made, until considered the official comment and promulgated by EPA in 2012. EPA has
such time as: The area is redesignated should include discussion of all points reviewed this change to North
to attainment for that NAAQS or a you wish to make. EPA will generally Carolina’s rule for PM2.5 and has made
redesignation substitute is approved as not consider comments or comment the determination that this change is
appropriate, at which time the contents located outside of the primary consistent with federal regulations.
requirements no longer apply; or EPA submission (i.e. on the web, cloud, or III. Incorporation by Reference
determines that the area has violated other file sharing system). For
that NAAQS, at which time the area is additional submission methods, the full In this rule, EPA is finalizing
again required to submit such plans. EPA public comment policy, regulatory text that includes
[FR Doc. 2016–16449 Filed 7–13–16; 8:45 am] information about CBI or multimedia incorporation by reference. In
BILLING CODE 6560–50–P submissions, and general guidance on accordance with requirements of 1 CFR
making effective comments, please visit 51.5, EPA is finalizing the incorporation
http://www.epa.gov/dockets/ by reference of North Carolina
ENVIRONMENTAL PROTECTION commenting-epa-dockets. regulation 15A NCAC 02D .0410 PM2.5
AGENCY Particulate Matter effective September
FOR FURTHER INFORMATION CONTACT: 1, 2015, which was revised to be
40 CFR Part 52 Madolyn Sanchez, Air Regulatory consistent with the current NAAQS.
Management Section, Air Planning and Therefore, these materials have been
[EPA–R04–OAR–2016–0106; FRL–9948–95- Implementation Branch, Air, Pesticides
Region 4] approved by EPA for inclusion in the
and Toxics Management Division, U.S. State implementation plan, have been
Environmental Protection Agency,
mstockstill on DSK3G9T082PROD with RULES
Air Plan Approval; NC; Fine Particulate incorporated by reference by EPA into
Matter National Ambient Air Quality Region 4, 61 Forsyth Street SW., that plan, are fully federally enforceable
Standards Revision Atlanta, Georgia 30303–8960. Ms. under sections 110 and 113 of the CAA
Sanchez can be reached via telephone at as of the effective date of the final
AGENCY: Environmental Protection (404) 562–9644 or via electronic mail at rulemaking of EPA’s approval, and will
Agency. sanchez.madolyn@epa.gov. be incorporated by reference by the
ACTION: Direct final rule. Director of the Federal Register in the
SUPPLEMENTARY INFORMATION:
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Document Created: 2016-07-14 01:55:07
Document Modified: 2016-07-14 01:55:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective August 15, 2016. | |
| 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] | |
| FR Citation | 81 FR 45419 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Nitrogen Dioxide and Volatile Organic Compounds |
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