77950 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules 

TABLE 4—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE STATES OF ALASKA AND HAWAII, AND

THE TERRITORIES OF GUAM, PUERTO RICO AND THE U.S. VIRGIN ISLANDS—Continued 

Alaska, Hawaii & Guam, Puerto Rico & USVI 

Mail class 

Destination entry (at appropriate facility) 

DDU 

(days) 

SCF (days) ADC (days) NDC (days) 

Alaska 

Hawaii 

& 

Guam 

Puerto 

Rico & 

USVIA 

Alaska Hawaii & 

Guam 

Puerto 

Rico & 

USVIA 

Alaska 

Hawaii 

& 

Guam 

Puerto 

Rico & 

USVIA 

Package Services .................................... 1 2 2 2–3 ................ ................ ............ 12 11 11 

AK = Alaska 3-digit ZIP Codes 995–997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3- 

digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2011–32009 Filed 12–14–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1036–201161; FRL– 

9507–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia; Atlanta; 

Determination of Attainment by 

Applicable Attainment Date for the 

1997 8-Hour Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine pursuant to the Clean Air Act 

(CAA), that the Atlanta, Georgia, ozone 

nonattainment area (hereafter referred to 

as ‘‘the Atlanta Area’’ or ‘‘the Area’’) has 

attained the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

by its applicable attainment date of June 

15, 2011. A determination of attainment 

was made by EPA on June 23, 2011, 

based on quality-assured and certified 

monitoring data for the 2008–2010 

monitoring period. EPA is now 

proposing to find that the Atlanta Area 

attained the 1997 8-hour ozone NAAQS 

by its applicable attainment date. EPA 

is proposing this action because it is 

consistent with the CAA and its 

implementing regulations. 

DATES: Comments must be received on 

or before January 17, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–1036, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–1036, 

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 or Courier: Ms. 

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’s normal hours of 

operation. The Regional Office’s 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– 

1036.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site 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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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 

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 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: For 

information regarding this attainment 

determination, contact Mr. Sean 

Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules 77951 

1Effective June 15, 2004, EPA designated the 

Atlanta Area as a marginal area under the 1997 8- 

hour ozone NAAQS. Subsequently, EPA took action 

to reclassify the area to moderate for the 1997 8- 

hour ozone NAAQS. Moderate areas for the 1997 8- 

hour ozone NAAQS had an applicable attainment 

date of June 15, 2010, unless the Area qualified for 

an extension. On November 30, 2010, EPA took 

final action to extend the applicable attainment date 

for the Atlanta Area to June 15, 2011. See 75 FR 

73969 for more information. 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9043; 

email address: lakeman.sean@epa.gov. 

For information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is the air quality in the Atlanta area 

for the 1997 8-hour ozone NAAQS for 

the 2008–2010 monitoring period? 

IV. What is the proposed action and what is 

the effect of this action? 

V. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2008–2010, and in accordance with 

section 179(c)(1) of the CAA and EPA’s 

regulations, EPA proposes to determine 

that the Atlanta Area has attained the 

1997 8-hour ozone NAAQS by the 

applicable attainment date of June 15, 

2011.1 The Atlanta Area is comprised 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. On June 23, 2011, EPA 

published a final rulemaking making a 

determination of attainment to suspend 

the requirements for the Atlanta 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 1997 8-hour 

ozone NAAQS so long as the Area 

continues to attain the 1997 8-hour 

ozone NAAQS. See 76 FR 36873. 

Today’s proposed action merely makes 

a determination that the Atlanta Area 

has attained the 1997 8-hour ozone 

NAAQS by its applicable attainment 

date. This action is not a re-proposal of 

the attainment determination to 

suspend the requirements for the 

Atlanta Area to submit an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

other planning SIP revisions related to 

attainment of the standard. More 

information regarding the 1997 8-hour 

ozone NAAQS and the Area’s 

attainment of that NAAQS is available 

at 76 FR 36873 (June 23, 2011). 

II. What is the background for this 

action? 

As a nonattainment area for the 1997 

8-hour ozone NAAQS, the Atlanta Area 

had an applicable attainment date of 

June 15, 2011 (based on 2008–2010 

monitoring data). Pursuant to section 

179(c) of the CAA, EPA is required to 

make a determination on whether the 

Area attained the standard by its 

applicable attainment date. Specifically, 

section 179(c)(1) of the CAA reads as 

follows: ‘‘As expeditiously as 

practicable after the applicable 

attainment date for any nonattainment 

area, but not later than 6 months after 

such date, the Administrator shall 

determine, based on the area’s air 

quality as of the attainment date, 

whether the area attained the standard 

by that date.’’ 

III. What is the air quality in the 

Atlanta area for the 1997 8-hour ozone 

NAAQS for the 2008–2010 monitoring 

period? 

Under EPA’s regulations at 40 CFR 

50.10, the 1997 8-hour ozone NAAQS is 

met when the 3-year average of the 

annual fourth highest daily maximum 8- 

hour average ambient air quality ozone 

concentrations, as determined in 

accordance with 40 CFR part 50, 

Appendix I, is less than or equal to 0.08 

parts per million (ppm) (i.e., 0.084 ppm 

when rounding is considered) in the 

subject area. 

EPA reviewed the ambient air 

monitoring data for the Atlanta Area in 

accordance with the provisions of 40 

CFR part 50, Appendix I. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System database. This review 

addresses air quality data collected in 

the 3-year period from 2008–2010. The 

3-year period from 2008–2010 is the 

period EPA must consider for areas that 

had an applicable attainment date of 

June 15, 2011. 

TABLE 1—DESIGN VALUES FOR COUNTIES IN THE ATLANTA, GEORGIA NONATTAINMENT AREA FOR THE 1997 8-HOUR

OZONE NAAQS 

Location AQS site ID 2008 

(ppm) 

2009 

(ppm) 

2010 

(ppm) 

2008–2010 

Design value 

(ppm) 

Cobb County ................... GA NATIONAL GUARD, MCCOLLUM PARKWAY (13–067–0003).0.075 0.076 0.079 0.076 

Coweta County ............... UNIVERSITY OF W. GA AT NEWNAN (13– 

077–0002).

0.075 0.065 0.065 0.068 

Dawson County ............... DAWSONVILLE, GA, FORESTRY COMMISSION (13–085–0001).0.075 0.067 0.073 0.071 

Dekalb County ................ 2390–B Wildcat Road, Decatur, GA (13–089– 

0002).

0.087 0.077 0.075 0.079 

Douglas County .............. DOUGLASVILLE, W. STRICKLAND ST. (13– 

097–0004).

0.080 0.072 0.074 0.075 

Fulton County .................. CONFEDERATE AVE. (13–121–0055) ............. 0.084 0.077 0.080 0.080 

Gwinnett County ............. GWINNETT TECH, 1250 ATKINSON RD (13– 

135–0002).

0.079 0.073 0.072 0.074 

Henry County .................. HENRY COUNTY EXTENSION OFFICE (13– 

151–0002).

0.086 0.074 0.078 0.079 

Paulding County .............. YORKVILLE (13–223–0003) .............................. 0.072 0.067 0.071 0.070 

Rockdale County ............. CONYERS MONASTERY, 3780 GA HWY 212 

(13–247–0001).

0.089 0.070 0.076 0.078 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
77952 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Proposed Rules 

As shown above in Table 1, during 

the 2008–2010 design period, the 

Atlanta Area met the 1997 8-hour ozone 

NAAQS. The official annual design 

value for the Atlanta Area for the 2008– 

2010 period is 0.080 ppm. More detailed 

information on the monitoring data for 

the Atlanta Area during the 2008–2010 

design period is provided in EPA’s June 

23, 2011, final rulemaking to approve 

the clean data determination for the 

Atlanta Area for the 1997 8-hour ozone 

NAAQS. See 76 FR 36873. 

IV. What is the proposed action and 

what is the effect of this action? 

This action is a proposed 

determination that the Atlanta Area has 

attained the 1997 8-hour ozone NAAQS 

by its applicable attainment date of June 

15, 2011, consistent with the CAA 

section 179(c)(1). Finalizing this 

proposed action would not constitute a 

redesignation of the Atlanta Area to 

attainment of 1997 8-hour ozone 

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

CAA. Further, finalizing this proposed 

action does not involve approving a 

maintenance plan for the Atlanta Area 

as required under section 175A of the 

CAA, nor would it find that the Atlanta 

Area has met all other requirements for 

redesignation. Even if EPA finalizes 

today’s proposed action, the designation 

status of the Atlanta Area would remain 

nonattainment for the 1997 8-hour 

ozone 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. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• 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 proposed 

determination that the Atlanta Area 

attained the 1997 8-hour ozone NAAQS 

by its applicable attainment date does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIPs are 

not approved to apply in Indian country 

located in the states, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 8, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–32178 Filed 12–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0352–201120; FRL– 

9507–4] 

Approval and Promulgation of 

Implementation Plans; North Carolina; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

in part, and to conditionally approve or 

disapprove in part, the State 

Implementation Plan (SIP), submitted 

by the State of North Carolina, through 

the Department of Environment and 

Natural Resources (NC DENR), Division 

of Air Quality (DAQ), to demonstrate 

that the State meets the requirements of 

sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or Act) for the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. DAQ certified that 

the North Carolina SIP contains 

provisions that ensure the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in North 

Carolina (hereafter referred to as 

‘‘infrastructure submission’’). With the 

exception of sub-element 

110(a)(2)(E)(ii), EPA is proposing to 

determine that North Carolina’s 

infrastructure submission, provided to 

EPA on December 12, 2007, and 

clarified in a subsequent submission 

submitted on June 20, 2008, addressed 

the required infrastructure elements for 

the 1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before January 17, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0352, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0352,’’ 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 or Courier: Lynorae 

Benjamin, 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’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

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

holidays. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1