Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45419 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 29, 2016. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart WW—Washington 

■ 2. In § 52.2470: 

■ a. Amend paragraph (d) by removing 

the entries for ‘‘Kaiser Order DE 01 

AQIS–3285’’ (state effective date 10/24/ 

01) and ‘‘Kaiser Order Amendment #1 

DE 01 AQIS–3285’’ (state effective date 

4/9/03) from the table. 

■ b. Amend paragraph (e) by adding an 

entry at the end of Table 2—Attainment, 

Maintenance, and Other Plans for 

‘‘Carbon Monoxide 2nd 10-Year Limited 

Maintenance Plan.’’ 

The addition reads as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanations 

*******

Carbon Monoxide 2nd 10-Year Limited Maintenance Plan.Spokane ........ 5/11/16 7/14/2016, [Insert Federal Register citation] 

[FR Doc. 2016–16452 Filed 7–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 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. 

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45420 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 

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). 

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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.582 is amended by 

adding paragraph (e) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0106; FRL–9948–95- 

Region 4] 

Air Plan Approval; NC; Fine Particulate 

Matter National Ambient Air Quality 

Standards Revision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to a State 

Implementation Plan (SIP) submitted by 

the State of North Carolina, through the 

North Carolina Department of 

Environmental Quality’s (NCDEQ) 

Division of Air Quality (DAQ) on 

December 11, 2015, that incorporates 

amendments to the state rules reflecting 

the 2012 national ambient air quality 

standards (NAAQS) for fine particulate 

matter (PM2.5). This action is being 

taken pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This direct final rule is effective 

September 12, 2016 without further 

notice, unless EPA receives adverse 

comment by August 15, 2016. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2016–0106 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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://www.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, 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. 

Sanchez can be reached via telephone at 

(404) 562–9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 108 and 109 of the CAA 

govern the establishment, review, and 

revision, as appropriate, of the NAAQS 

to protect public health and welfare. 

The CAA requires periodic review of the 

air quality criteria—the science upon 

which the standards are based—and the 

standards themselves. EPA’s regulatory 

provisions that govern the NAAQS are 

found at 40 CFR 50—National Primary 

and Secondary Ambient Air Quality 

Standards. In this rulemaking, EPA is 

taking direct final action to approve 

North Carolina’s December 11, 2015, 

submission amending the State’s 

regulations to incorporate the NAAQS 

for PM2.5, which are found at 15A North 

Carolina Administrative Code (NCAC) 

02D .0410. The SIP submittal amending 

North Carolina’s rules to incorporate the 

NAAQS can be found in the docket for 

this rulemaking at www.regulations.gov 

and is summarized below. 

II. Analysis of State’s Submittal 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS. See 78 FR 3086. In that 

action, EPA revised the primary annual 

PM2.5 standard, strengthening it from 

15.0 micrograms per cubic meter (mg/

m3) to 12.0 mg/m3, and retained the 

existing 24-hour PM2.5 standard at 35 

mg/m3. Accordingly, in the December 

11, 2015, SIP submittal, North Carolina 

revised state rule 15A NCAC 02D .0410 

PM2.5 Particulate Matter to update the 

primary air quality standard for PM2.5 to 

be consistent with the NAAQS that were 

promulgated by EPA in 2012. EPA has 

reviewed this change to North 

Carolina’s rule for PM2.5 and has made 

the determination that this change is 

consistent with federal regulations. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of North Carolina 

regulation 15A NCAC 02D .0410 PM2.5

Particulate Matter effective September 

1, 2015, which was revised to be 

consistent with the current NAAQS. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

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