[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Rules and Regulations]
[Pages 75748-75752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29702]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2014-0267; FRL-9920-60-Region 4]


Approval of Implementation Plans and Designation of Areas; 
Georgia; Redesignation of the Georgia Portion of the Chattanooga, 1997 
PM[bdi2].[bdi5] Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 14, 2012, the Georgia Department of Natural 
Resources, through the Georgia Environmental Protection Division (GA

[[Page 75749]]

EPD), submitted a request to redesignate the Georgia portion of 
Chattanooga, TN-GA-AL fine particulate matter (PM2.5) 
nonattainment area (hereafter referred to as the ``Chattanooga TN-GA-AL 
Area'' or ``Area'') to attainment for the 1997 annual PM2.5 
national ambient air quality standards (NAAQS) and to approve a state 
implementation plan (SIP) revision containing a maintenance plan for 
the Chattanooga TN-GA-AL Area. The Georgia portion of Chattanooga TN-
GA-AL Area is comprised of two Counties: Catoosa and Walker Counties in 
Georgia. EPA is approving the redesignation request and the related SIP 
revision for the Georgia portion of Chattanooga TN-GA-AL Area, 
including GA EPD's plan for maintaining attainment of the 1997 Annual 
PM2.5 standard in the Chattanooga TN-GA-AL Area. EPA is also 
approving, into the Georgia SIP, the motor vehicle emission budgets 
(MVEBs) for nitrogen oxides (NOx) and PM2.5 for 
the year 2025 for the Georgia portion of Chattanooga TN-GA-AL Area. On 
April 23, 2013, and November 13, 2014, Alabama and Tennessee 
(respectively) submitted requests to redesignate the Alabama and 
Tennessee portions of the Chattanooga TN-GA-AL Area. EPA will be taking 
separate action on the requests from Alabama and Tennessee.

DATES: This rule will be effective December 19, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0267. All documents in the docket 
are listed on the 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 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 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, 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. Joydeb Majumder may be 
reached by phone at (404) 562-9121 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. What is the background for the actions?

    On September 14, 2012, the Georgia Department of Natural Resources, 
through GA EPD, submitted a request to EPA for redesignation of the 
Georgia portion of Chattanooga TN-GA-AL Area to attainment for the 1997 
Annual PM2.5 NAAQS, and for approval of a Georgia SIP 
revision containing a maintenance plan for the Area.\1\ On November 12, 
2014, EPA proposed to redesignate the Georgia portion of Chattanooga 
TN-GA-AL Area to attainment for the 1997 Annual PM2.5 NAAQS, 
and to approve, as a revision to the Georgia SIP, the State's 1997 
Annual PM2.5 NAAQS maintenance plan, including the MVEBs for 
direct PM2.5 and NOx, for the Georgia portion of 
Chattanooga TN-GA-AL Area.\2\ See 79 FR 67120. EPA also proposed to 
determine that the Chattanooga TN-GA-AL Area is continuing to attain 
the 1997 Annual PM2.5 NAAQS and that attainment can be 
maintained through 2025. EPA received no adverse comments on the 
November 12, 2014, proposed rulemaking. EPA notes that it inadvertently 
referred to the Area as the ``Chattanooga, TN-GA Area'' in the November 
12, 2014, proposed rulemaking. In today's final rulemaking, EPA is 
clarifying this Area should have been referred to as the ``Chattanooga, 
TN-GA-AL Area'' to account for a correction for the name of this Area 
that was published in the Federal Register on May 5, 2014, at 79 FR 
25508.
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    \1\ EPA designated the Chattanooga TN-GA-AL Area as 
nonattainment for the annual 1997 PM2.5 NAAQS on January 
5, 2005 (70 FR 944) as supplemented on April 14, 2005 (70 FR 19844).
    \2\ On February 8, 2012, EPA approved, under section 172(c)(3) 
of the Clean Air Act (CAA or Act), Georgia's 2002 base-year 
emissions inventory for the Chattanooga TN-GA-AL Area as part of the 
SIP revision submitted by GA EPD to provide for attainment of the 
1997 PM2.5 NAAQS in the Area. See 77 FR 6467.
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    In its November 12, 2014, proposed action, EPA stated that the 
adequacy public comment period on the 2025 NOX and 
PM2.5 MVEBs for the Georgia portion of the Area (as 
contained in Georgia's September 14, 2012, submittal) began on March 4, 
2013, and closed on April 3, 2013. No comments were received during 
this public comment period, and therefore, EPA deems the 2025 
NOX and PM2.5 MVEBs adequate for the Georgia 
portion of the Area for the purposes of transportation conformity.
    As stated in EPA's November 12, 2014, proposal notice, the 3-year 
design value of 12.9 micrograms per cubic meter ([mu]g/m\3\) for the 
Area for 2007-2009 meets the PM2.5 Annual NAAQS of 15.0 
[mu]g/m\3\. EPA has reviewed the most recent ambient monitoring data, 
which confirms that the Area continues to attain the 1997 Annual 
PM2.5 NAAQS beyond the 3-year attainment period of 2007-
2009.

II. What are the actions EPA is taking?

    In today's rulemaking, EPA is also approving Georgia's 
redesignation request to change the legal designation of Catoosa and 
Walker Counties in Georgia from nonattainment to attainment for the 
1997 Annual PM2.5 NAAQS, and as a revision to the Georgia 
SIP, the State's 1997 Annual PM2.5 NAAQS maintenance plan 
and the MVEBs for direct PM2.5 and NOX for the 
Georgia portion of the Area included in that maintenance plan. The 
maintenance plan is designed to demonstrate that the Chattanooga TN-GA-
AL Area will continue to attain the 1997 Annual PM2.5 NAAQS 
through 2025. EPA's approval of the redesignation request is based on 
EPA's determination that the Georgia portion of Chattanooga TN-GA-AL 
Area meets the criteria for redesignation set forth in the CAA, 
including EPA's determination that the Chattanooga TN-GA-AL Area has 
attained and continues to attain the 1997 Annual PM2.5 NAAQS 
and that attainment can be maintained through 2025. EPA's analyses of 
Georgia's redesignation request and maintenance plan are described in 
detail in the November 12, 2014, proposed rule. See 79 67120. Through 
this final action, EPA is finding the 2025 NOX and 
PM2.5 MVEBs adequate for the Georgia portion of the Area for 
transportation conformity purposes.
    EPA is now taking final action as described above. Additional 
background for today's action is set forth in EPA's November 12, 2014, 
proposal and is summarized below.
    EPA has reviewed the most recent ambient monitoring data for the 
Area, which indicate that the Chattanooga TN-GA-AL Area continues to 
attain the 1997 Annual PM2.5 NAAQS beyond the submitted 3-
year attainment period of 2007-2009. As stated in EPA's November 12, 
2014, proposal notice, the 3-year design value of 12.9 [mu]g/m\3\ for 
the

[[Page 75750]]

Area for 2007-2009 meets the NAAQS of 15.0 [mu]g/m\3\. Quality assured 
and certified data in EPA's Air Quality System (AQS) for 2013 provide a 
3-year design value of 10.5 [mu]g/m\3\ for the Area for 2011-2013. 
Furthermore, preliminary monitoring data for 2014 indicate that the 
Area is continuing to attain the 1997 Annual PM2.5 NAAQS. 
The 2014 preliminary data are available in AQS although the data are 
not yet quality assured and certified.

III. Why is EPA taking these actions?

    EPA has determined that the Chattanooga TN-GA-AL Area has attained 
the 1997 Annual PM2.5 NAAQS and has also determined that all 
other criteria for the redesignation of the Georgia portion of 
Chattanooga TN-GA-AL Area from nonattainment to attainment of the 1997 
Annual PM2.5 NAAQS have been met. See CAA section 
107(d)(3)(E). One of those requirements is that the Georgia portion of 
Chattanooga TN-GA-AL Area has an approved plan demonstrating 
maintenance of the 1997 Annual PM2.5 NAAQS over the ten-year 
period following redesignation. EPA has determined that attainment can 
be maintained through 2025 and is taking final action to approve the 
maintenance plan for the Georgia portion of Chattanooga TN-GA-AL Area 
as meeting the requirements of sections 175A and 107(d)(3)(E) of the 
CAA. The detailed rationale for EPA's findings and actions is set forth 
in the November 12, 2014, proposed rulemaking. See 79 FR 67120.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of Catoosa and Walker Counties from nonattainment to attainment for the 
1997 Annual PM2.5 NAAQS. EPA is modifying the regulatory 
table in 40 CFR 81.311 to reflect a designation of attainment for these 
counties. EPA is also approving, as a revision to the Georgia SIP, the 
State's plan for maintaining the 1997 Annual PM2.5 NAAQS in 
the Chattanooga TN-GA-AL Area. The maintenance plan includes 
contingency measures to remedy possible future violations of the 1997 
Annual PM2.5 NAAQS and establishes 2025 MVEBs for direct 
PM2.5 and NOX for the Georgia portion of 
Chattanooga TN-GA-AL Area. Within 24 months of the effective date of 
EPA's approval of the maintenance plan, the transportation partners 
will need to demonstrate conformity to the new PM2.5 and 
NOX MVEBs pursuant to 40 CFR 93.104(e).

V. Final Action

    EPA is taking final action to approve the redesignation and change 
the legal designation of Catoosa and Walker Counties in Georgia from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
Through this action, EPA is also approving into the Georgia SIP the 
1997 Annual PM2.5 maintenance plan for the Georgia portion 
of the Chattanooga TN-GA-AL Area, which includes the new 2025 
PM2.5 and NOX MVEBs of 44.2 tons per year (tpy) 
and 1,386.5 tpy, respectively, for this Area. EPA's approval of the 
redesignation request is based on the Agency's determination that the 
Georgia portion of the Chattanooga TN-GA-AL Area meets the criteria for 
redesignation set forth in CAA, including EPA's determination that the 
Chattanooga TN-GA-AL Area has attained and continues to attain the 1997 
Annual PM2.5 NAAQS and that attainment can be maintained 
through 2025. Finally, EPA is finding the 2025 PM2.5 and 
NOX MVEBs contained in Georgia's September 14, 2012, SIP 
revision adequate for the purposes of transportation conformity. Within 
24 months from this final rule, the transportation partners will need 
to demonstrate conformity to the new NOX and VOC MVEBs 
pursuant to 40 CFR 93.104(e).
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the Area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule grants or 
recognizes an exemption or relieves a restriction, and section 
553(d)(3), which allows an effective date less than 30 days after 
publication as otherwise provided by the agency for good cause found 
and published with the rule. The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. Today's rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, today's rule relieves the State 
of various requirements for the Georgia portion of the Chattanooga TN-
GA-AL Area. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d)(3) for this action to become effective on the date of 
publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are 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);
     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 an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory action 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

[[Page 75751]]

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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 17, 2015. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: December 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    Therefore, 40 CFR parts 52 and 81 are amended as follows:

PART 52-APPROVAL AND PROMULGATION OF PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. In Sec.  52.570, the table in paragraph (e) is amended by adding the 
entry ``1997 Annual PM2.5 Maintenance Plan for the Georgia 
portion of the Chattanooga TN-GA-AL Area'' at the end of the table to 
read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                                            State
                                        Applicable        submittal
    Name of non-regulatory SIP         geographic or        date/       EPA approval date        Explanation
            provision               nonattainment area    effective
                                                             date
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance      Catoosa and Walker        9/14/12  12/19/14 [Insert      ....................
 Plan for the Georgia portion of    Counties.                          Federal Register
 the Chattanooga TN-GA-AL Area.                                        citation].
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

0
4. In Sec.  81.311, the table entitled ``Georgia--1997 Annual 
PM2.5 NAAQS'' is amended by revising the entry for 
``Chattanooga, TN-GA-AL:'' to read as follows:


Sec.  81.311  Georgia.

* * * * *

                                                            Georgia--1997 Annual PM2.5 NAAQS
                                                                 [Primary and Secondary]
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                                                               Designation a                                          Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \2\                      Type
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                                                                      * * * * * * *
Chattanooga, TN-GA-AL:                    ...........  .........................................  ...........  .........................................
    Catoosa County......................     12/19/14  Attainment                                 ...........  .........................................
    Walker County.......................     12/19/14  Attainment                                 ...........  .........................................
 
                                                                      * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.


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[FR Doc. 2014-29702 Filed 12-18-14; 8:45 am]
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