[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56943-56946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23317]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2010-0614-201036; FRL-9203-1]


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: Proposed rule.

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SUMMARY: The State of Georgia, through the Georgia Department of 
Natural Resources (GA DNR), submitted a letter on June 9, 2010, with a 
request for EPA 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''). 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 today's action, EPA is proposing to 
determine that the State of Georgia has met the Clean Air Act (CAA or 
the 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 proposing to approve a one-year extension of the 1997 8-hour 
ozone moderate attainment date for the Atlanta Area. Specifically, EPA 
is proposing to extend the Atlanta Area's attainment date from June 15, 
2010, to June 15, 2011.

DATES: Comments must be received on or before October 18, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0614 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#563433383c373b3f38783a2f38392437331633263778313920"><span class="__cf_email__" data-cfemail="c5a7a0abafa4a8acabeba9bcabaab7a4a085a0b5a4eba2aab3">[email protected]</span></a>.
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2010-0614'' 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, 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-
2010-0614. 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 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 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: Jane Spann or 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 is (404) 562-9029. Ms. Spann can also be reached via

[[Page 56944]]

electronic mail at <a href="/cdn-cgi/l/email-protection#463536272828682c2728230623362768212930"><span class="__cf_email__" data-cfemail="582b28393636763239363d183d2839763f372e">[email protected]</span></a>. Ms. Waterson may be reached by 
phone at (404) 562-9061 or via electronic mail at 
<a href="/cdn-cgi/l/email-protection#542335203126273b3a7a27352635143124357a333b22"><span class="__cf_email__" data-cfemail="c0b7a1b4a5b2b3afaeeeb3a1b2a180a5b0a1eea7afb6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background
II. Today's Action
III. EPA's Analysis of the State's Requests for an Attainment Date 
Extension for the Atlanta Area for the 1997 8-Hour Ozone NAAQS
IV. Proposed Actions
V. Statutory and Executive Order Reviews

I. Background

A. 1997 8-Hour Ozone NAAQS

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of 
0.08 parts per million (ppm). Under EPA's regulations at 40 CFR part 
50, the 1997 8-hour ozone NAAQS is attained when the 3-year average of 
the annual fourth highest daily maximum 8-hour average ambient air 
quality ozone concentrations is less than or equal to 0.08 ppm (i.e., 
0.084 ppm when rounding is considered) (69 FR 23857, April 30, 
2004).\1\ Ambient air quality monitoring data for the 3-year period 
must meet a data completeness requirement. The ambient air quality 
monitoring data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90 
percent, and no single year has less than 75 percent data completeness 
as determined in Appendix I of part 50.
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    \1\ EPA issued a revised 8-hour ozone NAAQS in 2008. EPA 
subsequently reconsidered the 2008 NAAQS, and proposed a new 8-hour 
ozone NAAQS on January 19, 2010 (75 FR 2938). Final 8-hour ozone 
NAAQS are expected to be effective in October 2010. The current 
proposed action, however, is being taken with regard to the 1997 8-
hour ozone NAAQS. Requirements for the Atlanta Area for the 2010 8-
hour ozone NAAQS will be addressed in the future.
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    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Atlanta Are a was designated 
nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004 
(effective June 15, 2004) using 2001-2003 ambient air quality data (69 
FR 23857, April 30, 2004). At the time of designation the Atlanta Area 
was classified as a marginal nonattainment area for the 1997 8-hour 
ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation Rule, 
EPA established ozone nonattainment area attainment dates based on 
Table 1 of Section 181(a) of the CAA. This established an attainment 
date 3 years after the June 15, 2004, effective date for areas 
classified as marginal areas for the 1997 8-hour ozone nonattainment 
designations. Therefore, the Atlanta Area's original attainment date 
was June 15, 2007. (See 69 FR 23951, April 30, 2004.)
    The Atlanta Area failed to attain the 1997 8-hour ozone NAAQS by 
June 15, 2007 (the applicable attainment date for marginal 
nonattainment areas), and did not qualify for any extension of the 
attainment date as a marginal area. As a consequence of this failure, 
on March 6, 2008, EPA published a rulemaking determining that the 
Atlanta Area failed to attain and, consistent with Section 181(b)(2) of 
the CAA, the Atlanta Area was reclassified by operation of law to the 
next highest classification, or ``moderate'' nonattainment. (See 72 FR 
58572, October 16, 2007.) When an area is reclassified, a new 
attainment date for the reclassified area must be established. Section 
181 of the CAA explains that the attainment date for moderate 
nonattainment areas shall be as expeditiously as practicable, but no 
later than six years after designation, or June 15, 2010. EPA further 
required that Georgia submit the SIP revisions meeting the new moderate 
area requirements as expeditiously as practicable, but no later than 
December 31, 2008. Georgia submitted SIP revisions to address the 
moderate area requirements for the Atlanta Area on October 21, 2009. 
EPA is in the process of reviewing these submissions and will take 
action on these submissions in rulemaking separate from today's 
proposed action.
    Under certain circumstances, the CAA allows for extensions of the 
attainment dates prescribed at the time of the original nonattainment 
designation. See below for further discussion.

B. CAA Requirements for One-Year Extension Requests

    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, Section 181(a)(5) states:
    ``Upon application by any State, the Administrator may extend for 1 
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.
    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 of Sections 172(a)(2)(C) and 181(a)(5) that 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.\2\ 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.
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    \2\ See 40 CFR 51.907. The preamble language can be found in the 
Phase 1 Implementation Rule 69 FR 23951 (April 30, 2004).
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    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

[[Page 56945]]

a second one-year extension is requested).\3\
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    \3\ See 40 CFR 51.907. The preamble language can be found in the 
Phase 1 Implementation Rule 69 FR 23951 (April 30, 2004).
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II. Today's Actions

    EPA is proposing to determine 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 
proposing to extend the Atlanta Area's attainment date from June 15, 
2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS. EPA's proposed 
action is based upon complete, quality assured, quality controlled, and 
certified ambient air monitoring data for 2009, and on EPA's 
preliminary determination that the State is meeting its federally-
approved state implementation plan. If today's proposed action is 
finalized, the Atlanta Area's attainment date for the 1997 8-hour ozone 
NAAQS will be extended one-year from June 15, 2010, to June 15, 2011.

III. EPA's Analysis of the State's Requests for an Attainment Date 
Extension for the Atlanta Area for the 1997 8-Hour Ozone NAAQS

    As was explained above in this rulemaking, 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). Below provides EPA's analysis of how Georgia has met these 
minimum requirements.

(1) The State Requests a One-Year Extension

    The State of Georgia, through GA DNR, submitted a letter on June 9, 
2010, requesting that EPA grant a one-year extension of the attainment 
date for the 1997 8-hour ozone NAAQS for the Atlanta Area. The letter 
contained a certification that the State is complying with all 
requirements and commitments pertaining to the Atlanta Area in the 
applicable implementation plan; and that the Atlanta Area has a 4th 
highest daily 8-hour average of 0.084 ppm or less for the attainment 
year (i.e., 2009) for this initial request for an extension. EPA's 
analysis of the certification from Georgia, and of the ambient air 
quality monitoring data for the Atlanta Area for the 1997 8-hour ozone 
NAAQS (i.e., in relation to the State's attainment date extension 
request) is provided below.

(2) All Requirements and Commitments in the EPA-Approved SIP for the 
Area Have Been Complied With

    In the letter submitted by GA DNR, on June 9, 2010, the State 
discusses implementation of state measures in the SIP. One of the 
required elements for a one-year extension required under Section 
181(a)(5) of the CAA is that the State has complied with all 
requirements and commitments pertaining to the area in the applicable 
implementation plan (as that term is defined in Section 302(q) of the 
CAA). EPA has conducted an independent review of whether Georgia is in 
compliance with the applicable implementation plan for the Atlanta Area 
as intended by Section 181(a)(5)(A) of the CAA, and has made the 
preliminary determination that the State is in compliance. This 
preliminary determination is based on EPA's belief that the state is 
currently meeting the EPA-approved state implementation plan for the 
Atlanta Area.
    On October 21, 2009, the State of Georgia submitted SIP revisions 
to address the requirements related to the 1997 8-hour ozone attainment 
demonstration for the Atlanta Area. Nonetheless, EPA does not and did 
not view submission or approval of this attainment demonstration as 
relevant for meeting the ``applicable implementation plan'' for the 
Atlanta Area with regard to Section 181(a)(5)(A) of the CAA. EPA is 
currently reviewing the approvability of this attainment demonstration 
submission and will make a final determination on the approvability 
through a separate rulemaking in the Federal Register.

(3) The Area Has a 4th Highest Daily 8-Hour Average of 0.084 ppm or 
Less for the Attainment Year

    In the letter submitted by GA DNR, on June 9, 2010, the State has 
certified that the 4th highest daily 8-hour average ozone concentration 
for the Atlanta Area in 2009 was below 0.084 ppm, and that the 2009 
ozone data which are included in EPA's Air Quality System (AQS) meets 
necessary quality control and quality assurance requirements. Table 1 
provides the 2009 4th highest concentrations at the monitors in the 
Atlanta Area.

                          Table 1--2009 4th Highest Concentrations for the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                                                                                              2009 4th highest
               Monitoring site ID                               City, county                concentration (ppm)
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13-067-0003.....................................  Kennesaw, Cobb.........................                  0.076
13-077-0002.....................................  Coweta.................................                  0.065
13-089-0002.....................................  Decatur, DeKalb........................                  0.077
13-097-0004.....................................  Douglasville, Douglas..................                  0.072
13-121-0055.....................................  Atlanta, Fulton........................                  0.077
13-135-0002.....................................  Lawrenceville, Gwinnett................                  0.073
13-151-0002.....................................  McDonough, Henry.......................                  0.074
13-223-0003.....................................  Paulding...............................                  0.067
13-247-0001.....................................  Conyers, Rockdale......................                  0.070
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    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 AQS database. On 
the basis of that review, EPA has preliminarily 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).
    Because the statutory provisions have been satisfied, EPA is 
proposing

[[Page 56946]]

approval of Georgia's attainment date extension request for the Atlanta 
Area for the 1997 8-hour ozone NAAQS.

IV. Proposed Actions

    EPA is proposing 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 
because EPA believes that Georgia has met the statutory requirements 
for such an extension. EPA's belief is based on its preliminary 
determination that the state is in compliance of the requirements and 
commitments associated with the EPA-approved implementation plan, and 
on the belief 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. As provided in 40 CFR 51.907, if 
EPA finalizes this action, it will extend, by one year, the deadline by 
which the Atlanta Area must attain the 1997 8-hour ozone NAAQS. It will 
also extend the timeframe by which EPA must make an attainment 
determination for the area. EPA notes that this proposed action only 
relates to the initial one- year extension. As noted 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.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve SIP 
submissions and requests 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 the state's request, provided that it meets the criteria of the 
CAA. Accordingly, this proposed action merely approves a state 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 
proposed 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 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 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: September 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-23317 Filed 9-16-10; 8:45 am]
BILLING CODE 6560-50-P


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