[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Rules and Regulations]
[Pages 73969-73972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30104]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2010-0614-201055; FRL-9234-2]


Approval and Promulgation of Implementation Plans; Extension of 
Attainment Date for the Atlanta, GA 1997 8-Hour Ozone Moderate 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request from the State 
of Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (EPD), to grant a one-year extension 
of the attainment date for the 1997 8-hour ozone national ambient air 
quality standards (NAAQS) for the Atlanta, Georgia Area (hereafter 
referred to as the ``Atlanta Area''). This request was sent to EPA via 
letter from EPD on June 9, 2010. The Atlanta Area consists of Barrow, 
Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, 
Rockdale, Spalding, and Walton Counties in Georgia. In today's action, 
EPA is finalizing a determination that the State of Georgia has met the 
Clean Air Act (CAA or Act) requirements to obtain a one-year extension 
to its attainment date for the 1997 8-hour ozone NAAQS for the Atlanta 
Area. As a result, EPA is approving a one-year extension of the 1997 8-
hour ozone moderate attainment date for the Atlanta Area. Specifically, 
EPA (through this final action) is extending the Atlanta Area's 
attainment date from June 15, 2010, to June 15, 2011.

DATES: Effective Date: This rule will be effective December 30, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2010-0614. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not 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 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: Ms. Jane Spann or Ms. Sara Waterson, 
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. The 
telephone number for Ms. Spann is (404) 562-9029. Ms. Spann can also be 
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#d0a3a0b1bebefebab1beb590b5a0b1feb7bfa6"><span class="__cf_email__" data-cfemail="324142535c5c1c58535c57725742531c555d44">[email protected]</span></a>. The telephone number 
for Ms. Waterson is (404) 562-9061. Ms. Waterson can also be reached 
via electronic mail at <a href="/cdn-cgi/l/email-protection#27504653425554484909544655466742574609404851"><span class="__cf_email__" data-cfemail="b0c7d1c4d5c2c3dfde9ec3d1c2d1f0d5c0d19ed7dfc6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Today's Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Detailed background information and rationale for today's final 
action can be found in EPA's proposed rule entitled ``Approval and 
Promulgation of Implementation Plans; Extension of Attainment Date for 
the Atlanta, GA 1997 8-Hour Ozone Moderate Nonattainment Area,'' 75 FR 
56943 (September 17, 2010). The comment period for EPA's proposed 
action closed on October 18, 2010. EPA did not receive any comments, 
adverse or otherwise, on its proposed action to extend the attainment 
date for the Atlanta 1997 8-hour ozone area. This section includes a 
brief summary of the background information and rationale for EPA's 
approval of Georgia's one-year extension request.
    Section 181(b)(2)(A) requires the Administrator, within six months 
of the attainment date, to determine whether an ozone nonattainment 
area attained the NAAQS. CAA section 181(b)(2)(A) states that, for 
areas classified as marginal, moderate, or serious, if the 
Administrator determines that the area did not attain the standard by 
its attainment date, the area must be reclassified to the next 
classification. However, in accordance with CAA Section 181(a)(5), EPA 
may grant up to 2 one-year extensions of the attainment date under 
specified conditions. Specifically, in relevant part, Section 181(a)(5) 
states:

    ``Upon application by any State, the Administrator may extend 
for one additional year (hereinafter referred to as the ``Extension 
Year'') the date specified in table 1 of paragraph (1) of this 
subsection if--
    (A) the State has complied with all requirements and commitments 
pertaining to the area in the applicable implementation plan, and
    (B) no more than 1 exceedance of the national ambient air 
quality standard level for ozone has occurred in the area in the 
year preceding the Extension Year.

    With regard to the first element, ``applicable implementation 
plan'' is defined in Section 302(q) of the CAA as, the portion (or 
portions) of the implementation plan, or most recent revision thereof, 
which has been approved under Section 110, or promulgated under Section 
110(c), or promulgated or approved pursuant to regulations promulgated 
under Section 301(d) and which implements the relevant requirements of 
the CAA.

[[Page 73970]]

    The language in section 181(a)(5)(B) reflects the form of the 1-
hour ozone NAAQS, which is exceedance based and does not reflect the 
1997 8-hour ozone NAAQS, which is concentration based. Because section 
181(a)(5)(B) does not reflect the form of the 8-hour NAAQS and 
application would produce an absurd result, EPA interprets this 
provision in a manner consistent with Congressional intent but 
reflecting the form of the 1997 8-hour NAAQS. Therefore, EPA adopted an 
interpretation that under both section 172(a)(2)(C) and 181(a)(5), an 
area will be eligible for the first of the one-year extensions under 
the 8-hour NAAQS if, for the attainment year, the area's 4th highest 
daily 8-hour average is 0.084 ppm or less. The area will be eligible 
for the second extension if the area's 4th highest daily 8-hour value 
averaged over both the original attainment year and the first extension 
year is 0.084 ppm or less. No more than 2 one-year extensions may be 
issued for a single nonattainment area.
    EPA interprets the CAA and implementing regulations to allow the 
granting of a one-year extension under the following minimum 
conditions: (1) The State requests a one-year extension; (2) all 
requirements and commitments in the EPA-approved SIP for the area have 
been complied with; and (3) the area has a 4th highest daily 8-hour 
average of 0.084 ppm or less for the attainment year (or an area's 4th 
highest daily 8-hour value averaged over both the original attainment 
year and the first extension year is 0.084 ppm or less, if a second 
one-year extension is requested). Because the Atlanta Area attainment 
date was June 15, 2010, the ``attainment year'' used for this purpose 
is the 2009 ozone season. The Georgia ozone season runs from March 1 to 
October 31 of any given year.

II. Today's Action

    EPA has determined that Georgia has met the CAA requirements to 
obtain a one-year extension of the attainment date for the 1997 8-hour 
ozone NAAQS for the Atlanta Area. As a result, EPA is taking final 
action to extend the Atlanta Area's attainment date from June 15, 2010, 
to June 15, 2011, for the 1997 8-hour ozone NAAQS. Specifically, EPA 
has determined that Georgia is in compliance with the requirements and 
commitments associated with the EPA-approved implementation plan, and 
that the 4th highest daily 8-hour ozone average concentration for 2009 
for the Atlanta Area is below the 1997 8-hour ozone NAAQS as required 
by the CAA. EPA has reviewed the 1997 8-hour ozone NAAQS ambient air 
quality monitoring data for the Atlanta Area, consistent with the 
requirements contained in 40 CFR part 50 and as recorded in the EPA Air 
Quality System database. On the basis of that review, EPA has concluded 
that for the attainment year, 2009, the Atlanta Area's 4th highest 
daily 8-hour average concentration was 0.077 ppm which is below the 8-
hour ozone NAAQS of 0.08 ppm (effectively 0.084 ppm). This final action 
is based upon complete, quality assured, quality controlled, and 
certified ambient air monitoring data for 2009. As provided in 40 CFR 
51.907, this final action extends, by one year, the deadline by which 
the Atlanta Area must attain the 1997 8-hour ozone NAAQS. It also 
extends the timeframe by which EPA must make an attainment 
determination for the area.
    EPA notes that this final action only relates to the initial one-
year extension. As described in Section 181(a)(5) of the CAA, areas may 
qualify for up to 2 one-year extensions. If requested at a future date, 
EPA will make a determination of the appropriateness of a second one-
year extension for the Atlanta Area for the 1997 8-hour ozone NAAQS in 
a separate rulemaking.

III. Final Action

    EPA is taking final action to approve Georgia's June 9, 2010, 
request for EPA to grant a one-year extension (from June 15, 2010, to 
June 15, 2011) of the Atlanta Area attainment date for the 1997 8-hour 
ozone NAAQS. EPA has determined that Georgia has met the statutory 
requirements for such an extension.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission or request from the states that comply with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing the state's request for an extension 
of the 1997 8-hour ozone NAAQS attainment date for the Atlanta Area, 
EPA's role is to approve state's request, provided that they meet the 
criteria of the CAA. Accordingly, this action merely approves a state's 
request for an extension of the 1997 8-hour ozone NAAQS attainment date 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> Does 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, this 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.
    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

[[Page 73971]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by January 31, 2011. 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).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: November 17, 2010.
Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.311, the table entitled ``Georgia--Ozone (8-Hour 
Standard)'' is amended under ``Atlanta, GA'' by revising the entries 
for ``Barrow County,'' ``Bartow County,'' ``Carroll County,'' 
``Cherokee County,'' ``Clayton County,'' ``Cobb County,'' ``Coweta 
County,'' ``DeKalb County,'' ``Douglas County,'' ``Fayette County,'' 
``Forsyth County,'' ``Fulton County,'' ``Gwinnett County,'' ``Hall 
County,'' ``Henry County,'' ``Newton County,'' ``Paulding County,'' 
``Rockdale County,'' ``Spalding County,'' and ``Walton County'' to read 
as follows:


Sec.  81.311  Georgia.

* * * * *

                                        Georgia--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                              Designation \a\                     Category/classification
           Designated            -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Atlanta, GA:
    Barrow County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Bartow County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Carroll County..............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Cherokee County.............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Clayton County..............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Cobb County.................  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Coweta County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    DeKalb County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Douglas County..............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Fayette County..............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Forsyth County..............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Fulton County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Gwinnett County.............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Hall County.................  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Henry County................  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Newton County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Paulding County.............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Rockdale County.............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Spalding County.............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
    Walton County...............  This action is      Nonattainment.....  April 7, 2008.....  Subpart 2/Moderate
                                   effective.                                                  \4\.
                                  November 30, 2010.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 15, 2008.
\3\ The boundary change is effective October 13, 2006.
\4\ Attainment date extended to June 15, 2011.


[[Page 73972]]

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[FR Doc. 2010-30104 Filed 11-29-10; 8:45 am]
BILLING CODE 6560-50-P


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