Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56701 

requirements for NOX sources in the 

particular nonattainment area. 

The three subject ozone 

nonattainment areas, the South Coast, 

the San Joaquin Valley, and the 

Southeast Desert, lie within the 

jurisdictions of four California air 

districts: The SCAQMD, the SJVUAPCD, 

the AVAQMD, and the MDAQMD. Each 

of the four air districts has adopted rules 

intended to comply with sections 

182(d)(3) and 185 of the Act and CARB 

has submitted them to EPA for approval 

into the SIP. EPA has taken action on 

one of the rules, SJVUAPCD Rule 3170. 

See 75 FR 1716 (January 13, 2010). 

Since then, SJVUAPCD Rule 3170 has 

been revised, and EPA has recently 

proposed approval of the amended rule. 

See 76 FR 45212 (July 28, 2011). EPA 

has not yet taken action on the rules 

developed by the other three districts 

(SCAQMD Rule 317, AVAQMD Rule 

315, and MDAQMD Rule 315, all of 

which were submitted on April 22, 

2011). Another effect of the proposed 

determinations of failure to attain the 1- 

hour ozone standard by the applicable 

attainment dates would be to give effect 

to the section 185 requirements to the 

extent they are not already in effect 

within the three subject California 

nonattainment areas. 

V. Proposed Actions 

Under EPA’s authority under CAA 

section 301(a) to ensure implementation 

of one-hour ozone anti-backsliding 

requirements, EPA is proposing to 

determine that the South Coast, the San 

Joaquin Valley, and the Southeast Desert 

failed to attain the one-hour ozone 

standard by the applicable attainment 

dates. For South Coast and San Joaquin 

Valley, quality-assured and certified 

data collected during 2008–2010 show 

that these two ‘‘Extreme’’ one-hour 

ozone nonattainment areas failed to 

attain the standard by November 15, 

2010. For Southeast Desert, a ‘‘Severe17’’ one-hour ozone nonattainment area, 

quality-assured and certified data for 

2005–2007 show that the area failed to 

attain the standard by November 15, 

2007. 

These proposed determinations, if 

finalized, would bear on the areas’ 

obligations with respect to certain onehour standard anti-backsliding 

requirements whose implementation is 

triggered by a failure to attain by the 

applicable attainment date: section 

172(c)(9) contingency measures for 

failure to attain and sections 182(d)(3) 

and 185 major stationary source fee 

programs. Through this proposed rule, 

EPA is soliciting comments on the 

above determinations. 

VI. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations that certain areas did not 

attain the applicable standard based on 

air quality, and do not impose any 

requirements beyond those required by 

statute. For that reason, these proposed 

actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to the 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 Clean Air Act; 

and 

• Do not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods 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), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Oxides of nitrogen, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 1, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–23544 Filed 9–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0604–201140; FRL– 

9464–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Atlanta; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate Matter 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

determinations regarding the Atlanta, 

Georgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as the ‘‘Atlanta Area’’ or ‘‘Area’’). First, 

EPA is proposing to determine that the 

Area has attained the 1997 annual 

average PM2.5 National Ambient Air 

Quality Standards (NAAQS). This 

proposed determination of attaining 

data is based upon complete, qualityassured and certified ambient air 

monitoring data for the 2008–2010 

period showing that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. If EPA finalizes 

this proposed determination of attaining 

data, the requirements for the Area to 

submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the standard 

shall be suspended so long as the Area 

continues to attain the annual PM2.5

NAAQS. Second, EPA is also proposing 

to determine, based on quality-assured 

and certified monitoring data for the 

2007–2009 monitoring period, that the 

area has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. 

DATES: Comments must be received on 

or before October 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0604, by one of the 

following methods: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

56702 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9040. 

4. Mail: EPA–R04–OAR–2010–0604, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery: Lynorae Benjamin, 

Chief, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0604. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Sara 

Waterson or Joel Huey, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. 

Waterson may be reached by phone at 

(404) 562–9061 or via electronic mail at 

waterson.sara@epa.gov. Mr. Huey may 

be reached by phone at (404) 562–9104. 

Mr. Huey can also be reached via 

electronic mail at huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking? 

II. What is the background for these actions? 

III. Does the Atlanta Area meet the snnual 

PM2.5 NAAQS? 

A. Criteria 

B. Atlanta Area Air Quality 

C. Has the Atlanta Area met the 1997 

annual PM2.5 air quality standard? 

IV. What is the effect of these actions? 

V. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing to determine that 

the Atlanta Area (comprised of Barrow, 

Bartow, Carroll, Cherokee, Clayton, 

Cobb, Coweta, De Kalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Hall, 

Heard, Henry, Newton, Paulding, 

Putnam, Rockdale, Spalding and Walton 

Counties) has attaining data for the 1997 

annual PM2.5 NAAQS. The proposal is 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 monitoring 

period that show that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. EPA is also 

proposing to determine, in accordance 

with EPA’s PM2.5 Implementation Rule 

of April 25, 2007 (72 FR 20664), that the 

Atlanta Area has attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

II. What is the background for these 

actions? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 μg/m3. See 40 CFR 50.7. On 

January 5, 2005 (70 FR 944), EPA 

published its air quality designations 

and classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Atlanta Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS. See 40 CFR 

81.301. 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 

24-hour NAAQS of 35 μg/m3 based on 

a 3-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Atlanta Area as nonattainment for the 

2006 24-hour NAAQS (74 FR 58688). In 

that action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Atlanta Area was designated as 

nonattainment for the annual NAAQS 

but attainment for the 24-hour NAAQS. 

Thus, today’s action does not address 

attainment of either the 1997 or the 

2006 24-hour NAAQS. 

In response to legal challenges of the 

annual NAAQS promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

remanded this NAAQS to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

NAAQS are essentially identical, 

attainment of the 1997 annual NAAQS 

would also indicate attainment of the 

remanded 2006 annual NAAQS. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 NAAQS. This 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56703 

1Fire Station #8 was relocated to the Georgia 

Tech campus in 2007 and assigned a separate AQS 

number. It moved back to Fire Station #8 at the end 

of 2008 and resumed normal operation. The annual 

average design value with data substitution was 

calculated by combining the data records for Fire 

Station #8 and Georgia Tech. 

rule, at 40 CFR 51.1004(c), specifies 

some of the regulatory consequences of 

attaining the NAAQS, as discussed 

below. 

III. Does the Atlanta area meet the 

annual PM2.5 NAAQS? 

A. Criteria 

Today’s proposed rulemaking assesses 

whether (1) The Atlanta Area has 

attained the 1997 annual PM2.5 NAAQS, 

based on the most recent three years of 

quality-assured data, and (2) whether 

the Area attained that NAAQS by its 

applicable attainment date of April 5, 

2010. The Atlanta Area is comprised of 

Barrow, Bartow, Carroll, Cherokee, 

Clayton, Cobb, Coweta, De Kalb, 

Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Heard, Henry, Newton, 

Paulding, Putnam, Rockdale, Spalding 

and Walton Counties. 

Under EPA regulations at 40 CFR 

50.7, the 1997 annual primary and 

secondary PM2.5 standards are met when 

the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 μg/m3 at all relevant monitoring 

sites in the subject area. 

B. Atlanta Area Air Quality 

EPA has reviewed the ambient air 

monitoring data for the Atlanta Area in 

accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System (AQS) database. This 

review addresses air quality data 

collected in two 3-year periods. The 

period 2007–2009 is used for the 

determination of attainment by 

attainment date because that was the 

last period of certified data prior to the 

required attainment date of April 5, 

2010. The period 2008–2010 is used for 

the determination of attaining data 

because that is the most recent period of 

certified data available now available to 

EPA. 

Table 1 and the related discussion 

below show that, based on EPA’s 

analysis of data for 2007–2009, the Area 

attained the 1997 annual PM2.5 standard 

by its attainment date of April 5, 2010. 

In addition, Table 2 and the related 

discussion below show that the Area 

continues to attain the standard based 

on available data for 2008–2010. There 

were data completeness issues at the 

Powder Springs, E. Rivers School, Fire 

Station #8/Georgia Tech, Gwinnett 

Tech, and Yorkville monitors for both 

the 2007–2009 and 2008–2010 periods. 

EPA performed a quarterly maximum 

data substitution test using 40 CFR Part 

50 Appendix N and the April 1999 

Guideline on Data Handling 

Conventions for the PM NAAQS 

(http://epa.gov/ttncaaa1/t1/

memoranda/pmfinal.pdf) for the 

monitors with less than 75 percent 

complete data. Further discussion on 

the data substitution can be found in the 

technical support document (TSD) for 

this proposal. The three year annual 

design values both with and without 

data substitution are provided in Table 

1 and Table 2 below. EPA’s review of 

these data indicates that the Atlanta 

Area has met the 1997 annual PM2.5

NAAQS by the attainment date of April 

5, 2010. 

TABLE 1—2007–2009 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE ATLANTA, GEORGIA

NONATTAINMENT AREA

Location Site No. 

Annual average 

concentration (μg/ 

m3) without data 

substitution 

Annual average 

concentration (μg/ 

m3) with data 

substitution 

Georgia DOT ....................................................................................................... 13–063–0091 13.5 N/A 

GA National Guard .............................................................................................. 13–067–0003 13.4 N/A 

Powder Springs ................................................................................................... 13–067–0004 12.6 13.1 

South DeKalb ....................................................................................................... 13–089–0002 13.0 N/A 

Police Dept. ......................................................................................................... 13–089–2001 13.3 N/A 

E. Rivers School .................................................................................................. 13–121–0032 13.4 14.2 

Fire Station #8 1 ................................................................................................... 13–121–0039 9.8 13.8 

Gwinnett Tech ...................................................................................................... 13–135–0002 12.7 13.3 

Gainesville ........................................................................................................... 13–139–0003 11.8 12.8 

Yorkville ............................................................................................................... 13–223–0003 12.0 12.7 

N/A—Not Applicable. 

TABLE 2—2008–2010 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE ATLANTA, GEORGIA

NONATTAINMENT AREA

Location Site No. 

Annual average 

concentration (μg/ 

m3) without data 

substitution 

Annual average 

concentration (μg/ 

m3) with data 

substitution 

Georgia DOT ....................................................................................................... 13–063–0091 12.9 N/A 

GA National Guard .............................................................................................. 13–067–0003 12.3 N/A 

Powder Springs ................................................................................................... 13–067–0004 11.9 12.3 

South Dekalb ....................................................................................................... 13–089–0002 12.1 N/A 

Police Dept. ......................................................................................................... 13–089–2001 12.3 N/A 

E. Rivers School .................................................................................................. 13–121–0032 12.3 13.0 

Fire Station #8 2 ................................................................................................... 13–121–0039 11.4 13.6 

Gwinnett Tech ...................................................................................................... 13–135–0002 12.1 12.5 

Gainesville ........................................................................................................... 13–139–0003 11.2 11.9 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

56704 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

2Fire Station #8 was relocated to the Georgia 

Tech campus in 2007 and assigned a separate AQS 

number. It moved back to Fire Station #8 at the end 

of 2008 and resumed normal operation. The annual 

average design value with data substitution was 

calculated by combining the data records for Fire 

Station #8 and Georgia Tech. 

TABLE 2—2008–2010 ANNUAL AVERAGE PM2.5 CONCENTRATIONS FOR MONITORS IN THE ATLANTA, GEORGIA

NONATTAINMENT AREA—Continued 

Location Site No. 

Annual average 

concentration (μg/ 

m3) without data 

substitution 

Annual average 

concentration (μg/ 

m3) with data 

substitution 

Yorkville ............................................................................................................... 13–223–0003 11.0 11.6 

N/A—Not Applicable. 

The Powder Springs monitor has a 

2007–2009 PM2.5 annual design value of 

12.6 μg/m3. Since the monitor had one 

incomplete quarter during the second 

quarter of 2009, data substitution was 

conducted. The annual mean was 

recalculated, and the resulting 2007– 

2009 PM2.5 annual design value is 13.1 

μg/m3. The current 2008–2010 PM2.5

annual design value is 11.9 μg/m3. Data 

substitution was conducted for the 

second quarter of 2009. The annual 

mean was recalculated, and the 

resulting 2008–2010 PM2.5 annual 

design value is 12.3 μg/m3. This monitor 

is considered attaining with design 

values of 12.6 μg/m3 and 11.9 μg/m3. 

The E. Rivers School monitor did not 

meet data completeness for the second 

and third quarters of 2009 due to roof 

repairs during the summer of 2009 that 

were out of the State’s control. Georgia 

Environmental Protection Division 

appropriately notified Region 4 of the 

temporary site closure. Additionally, the 

fourth quarter in 2008 is also 

incomplete. The 2007–2009 PM2.5

annual design value is 13.4 μg/m3 and 

the 2008–2010 PM2.5 annual design 

value is 12.3 μg/m3. Data substitution 

was conducted and the recalculated 

annual design values are 14.2 μg/m3 and 

13.0 μg/m3 respectively. This monitor is 

considered attaining with design values 

of 13.4 μg/m3 for the 2007–2009 

monitoring period and 12.3 μg/m3 for 

the 2008–2010 monitoring period. 

EPA’s Office of Air Quality Planning 

and Standards (OAQPS) conducted an 

additional statistical analysis for the E. 

Rivers School monitor which indicates, 

as a weight of evidence, that despite the 

prolonged shut-down of the E. Rivers 

School monitor, the monitor would 

have attained in the 2007–2009 design 

value period. To evaluate air quality at 

the E. Rivers School monitor, EPA 

applied statistical analysis using data 

from other sites in the area. The 

approach, summarized in this section 

and further described in the TSD, is 

appropriate for this Area but may or 

may not be suitable for other areas with 

less than complete data. EPA will 

evaluate the appropriateness of this 

analytical approach on a case-by-case 

basis for determinations regarding each 

area with less than complete data. 

The first step in the analysis was to 

assess the correlation of concentrations 

at the E. Rivers School site with 

concentrations at other sites in the Area. 

The monitor in the Area that had the 

highest correlation with the E. Rivers 

School site was the Georgia DOT 

monitor; therefore, subsequent analyses 

used data from this site. The second 

step was to develop a regression 

equation expressing the relationship 

between concentrations at the E. Rivers 

School and the Georgia DOT monitors. 

This regression equation was used to 

estimate values at the E. Rivers School 

site on days during quarters with 

incomplete data when the E. Rivers 

School site did not measure 

concentrations. A 2007–2009 design 

value for the E. Rivers School site was 

then calculated using these estimated 

values. Under this method, the 2007– 

2009 design value for the E. Rivers 

School site was estimated to be 13.6 μg/ 

m3. 

This estimated design value was then 

analyzed using a statistical method, 

referred to as the ‘‘bootstrap method,’’ 

that involves the use of regression 

residuals. In this analysis, EPA repeated 

the regression analysis 1,000 times with 

different values within the probability 

distribution of E. Rivers School 

concentrations that could be associated 

with given concentrations at the Georgia 

DOT monitor. From this analysis, as 

described in detail in the TSD, EPA 

determined that the upper end of the 

range of potential 2007–2009 design 

values obtained did not exceed the 

NAAQS. No exceedances of the NAAQS 

resulted from application of the 

statistical analysis. Therefore, EPA 

concluded that for 2007–2009, the 

annual average concentration of the E. 

Rivers School monitor is below the 

NAAQS. 

The Fire Station #8 monitor was 

relocated to the Georgia Tech campus 

and was assigned a separate AQS 

number. It was moved back to Fire 

Station #8 at the end of 2008 and 

resumed normal operation. There were 

no data completeness issues at either 

site during the times each site was 

operated. The data records of the two 

sites were combined and resulted in a 

13.8 μg/m3 design value for the 2007– 

2009 design value period. As an 

additional weight of evidence, the 

bootstrap analysis described above for 

the E. Rivers School site was also 

conducted for the Fire Station #8 

monitor and passed with a 2007–2009 

design value of 14.1 μg/m3. The South 

DeKalb monitor had the highest 

correlation with the Fire Station #8 

monitor. This bootstrap analysis is 

further explained in the TSD for this 

document. The data records of the two 

sites were also combined for the 2008– 

2010 design value period, which 

resulted in a 13.6 μg/m3 design value. 

The Gwinnett Tech monitor has a 

2007–2009 PM2.5 annual design value of 

12.7 μg/m3. Since the monitor had one 

incomplete quarter during the fourth 

quarter of 2008, data substitution was 

conducted. The annual mean was 

recalculated, and the resulting 2007– 

2009 PM2.5 annual design value is 13.3 

μg/m3. The 2008–2010 PM2.5 annual 

design value is 12.1 μg/m3. Data 

substitution was conducted for the 

fourth quarter of 2008. The annual mean 

was recalculated, and the resulting 

2008–2010 PM2.5 annual design value is 

12.5 μg/m3. This monitor is considered 

attaining with design values of 12.7 μg/ 

m3 and 12.1 μg/m3, respectively. 

The Gainesville monitor has a 2007– 

2009 PM2.5 annual design value of 11.8 

μg/m3. Since the monitor had two 

incomplete quarters during the third 

and fourth quarters of 2008, data 

substitution was conducted. The annual 

mean was recalculated, and the 

resulting 2007–2009 PM2.5 annual 

design value is 12.8 μg/m3. The current 

2008–2010 PM2.5 annual design value is 

11.2 μg/m3. Data substitution was 

conducted for the third and fourth 

quarters of 2008. The annual mean was 

recalculated, and the resulting 2008– 

2010 PM2.5 annual design value is 11.9 

μg/m3. This monitor is considered 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56705 

attaining with design values of 11.8 μg/ 

m3 and 11.2 μg/m3. 

The Yorkville monitor has a 2007– 

2009 PM2.5 annual design value of 12.0 

μg/m3. Since the monitor had one 

incomplete quarter during the third 

quarter of 2009, data substitution was 

conducted. The annual mean was 

recalculated, and the resulting 2007– 

2009 PM2.5 annual design value is 12.7 

μg/m3. The current 2008–2010 PM2.5

annual design value is 11.0 μg/m3. Data 

substitution was conducted for the third 

quarter of 2009. The annual mean was 

recalculated, and the resulting 2008– 

2010 PM2.5 annual design value is 11.6 

μg/m3. This monitor is considered 

attaining with design values of 12.0 μg/ 

m3 and 11.0 μg/m3. 

EPA believes that the Atlanta Area is 

now meeting the 1997 annual PM2.5

NAAQS. Since few data are available for 

2011, the 2008–2010 data represent the 

most recent available data for EPA to 

use in its assessment. On the basis of 

this review, EPA is proposing to 

determine that the Atlanta Area has 

attained the 1997 annual PM2.5 NAAQS. 

EPA is soliciting public comments on its 

proposal to determine that the Atlanta 

Area has attained the 1997 annual PM2.5

NAAQS with 2007–2009 as well as 

2008–2010 data, and attained the 1997 

annual PM2.5 NAAQS by the April 5, 

2010, attainment date using 2007–2009 

data. 

C. Has the Atlanta area met the 1997 

annual PM2.5 air quality standard? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded the data in the 

EPA AQS database, for the Atlanta Area 

from 2007 through the present time. On 

the basis of that review, EPA proposes 

to determine that this Area has attained 

and continues to attain the 1997 annual 

PM2.5 NAAQS based on the qualityassured data for the 2007–2009 

monitoring period, which demonstrates 

attainment by April 5, 2010, and the 

2008–2010 monitoring period. In 

addition, based on EPA’s review of the 

data for 2007–2009, and in accordance 

with section 179(c)(1) of the CAA and 

EPA’s regulations, EPA proposes to 

determine that the Area attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. 

IV. What is the effect of these actions? 

If this proposed determination of 

attaining data is made final, the 

requirements for the Atlanta Area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS would 

be suspended for so long as the Area 

continues to attain the PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the Area to 

attainment for the annual PM2.5

NAAQS. 

If this proposed rulemaking is 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the Area has violated the annual PM2.5

NAAQS, the basis for the suspension of 

the specific requirements would no 

longer exist for the Atlanta Area, and 

the Area would thereafter have to 

address the applicable requirements. 

See 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the annual PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this proposed action does not involve 

approving a maintenance plan for the 

Area as required under section 175A of 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Atlanta Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area. 

This action is only a proposed 

determination that the Atlanta Area has 

attained the 1997 annual PM2.5 NAAQS 

and has done so by the April 5, 2010, 

attainment date. Today’s action does not 

address the 24-hour PM2.5 NAAQS. 

If the Atlanta Area continues to 

monitor attainment of the annual PM2.5

NAAQS, the requirements for the 

Atlanta Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the annual PM2.5 NAAQS 

will remain suspended. 

In addition, if EPA’s separate and 

independent proposed determination 

that the Area has attained the 1997 

annual PM2.5 standard by its applicable 

attainment date (April 5, 2010) is 

finalized, EPA will have met its 

requirement pursuant to section 

179(c)(1) of the CAA to make a 

determination based on the Area’s air 

quality data as of the attainment date 

whether the Area attained the standard 

by that date. 

These two actions described above are 

proposed determinations regarding the 

Atlanta Area’s attainment only with 

respect to the 1997 annual PM2.5

NAAQS. Today’s actions do not address 

the 24-hour PM2.5 NAAQS. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, these proposed 1997 annual 

PM2.5 NAAQS determinations for the 

Atlanta Area do not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

56706 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 

For purposes of judicial review, the 

two of the these determinations 

approved by today’s action are severable 

from one another. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: September 1, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–23527 Filed 9–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0735; FRL–9464–2] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

confined animal facilities (CAFs) and 

biosolids, animal manure, and poultry 

litter operations. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

October 14, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0735, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http://

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

If EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Sona Chilingaryan, EPA Region IX, 

(415) 972–3368, 

chilingaryan.sona@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule and rule revision? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agency 

and submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ................................. 4570 Confined Animal Facilities .............................................................. 10/21/10 4/5/11 

SJVUAPCD ................................. 4565 Biosolids, Animal Manure, and Poultry Litter Operations .............. 3/15/07 8/24/07 

On September 17, 2007, EPA 

determined that the submittal for 

SJVUAPCD Rule 4565 met the 

completeness criteria in 40 CFR part 51 

appendix V, which must be met before 

formal EPA review. On May 6, 2011, 

EPA determined that the submittal for 

SJVUAPCD Rule 4570 met the 

completeness criteria. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

Rule 4565. On January 14, 2010, EPA 

finalized a limited approval of an earlier 

version of Rule 4570 into the SIP. 

Simultaneously, EPA finalized a limited 

disapproval of the rule for exempting 

major source poultry operations and for 

an inadequate RACT analysis for swine 

and poultry (75 FR 2079). The 

SJVUAPCD adopted revisions to Rule 

4570 on October 21, 2010, partly to 

address these issues, and we are 

proposing action on that version of the 

rule. 

C. What is the purpose of the submitted 

rule and rule revision? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. Rule 4570 requires 

management practices to reduce VOCs 

from dairies, beef feedlots, poultry 

houses, and other confined animal 

facilities. Rule 4565 requires 

management practices to reduce VOC 

emissions from land-application of 

mstockstill on DSK4VPTVN1PROD with PROPOSALS