[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Rules and Regulations]
[Pages 77389-77391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30231]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2013-0694, FRL-9920-83-Region 4]


Identification of Nonattainment Classification and Deadlines for 
Submission of State Implementation Plan (SIP) Provisions for the 1997 
Fine Particle (PM2.5) National Ambient Air Quality Standards 
(NAAQS) and 2006 PM2.5 NAAQS; Correcting Amendment

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correcting amendment.

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SUMMARY: On June 2, 2014, the Environmental Protection Agency (EPA) 
published a final rule in the Federal Register updating the Code of 
Federal Regulations (CFR) concerning the designations of areas for air 
quality planning purposes for the 1997 and 2006 PM2.5 
National Ambient Air Quality Standards (NAAQS) nonattainment areas. 
This correcting amendment corrects errors in the regulatory text of 
EPA's June 2, 2014, final rule related to the designations of the 
Macon, Georgia, and Rome, Georgia, areas for the 1997 Annual 
PM2.5 NAAQS.

DATES: This final rule is effective December 24, 2014.

ADDRESSES: Copies of the documentation used in the action being 
corrected are available for inspection during normal business hours at 
the following location: U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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 further general information on 
this correcting amendment, contact Tiereny Bell, 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. Ms. Bell may be reached by 
phone at (404) 562-9088 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking entitled ``Identification of Nonattainment Classification 
and Deadlines for Submission of State Implementation Plan (SIP) 
Provisions for the 1997 Fine Particle (PM2.5) National 
Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS'' 
related to the designations of areas for air quality planning purposes 
for the 1997 and 2006 PM2.5 NAAQS nonattainment areas 
published on June 2, 2014. See 79 FR 31566. In EPA's June 2, 2014, 
final rulemaking, EPA incorrectly identified ``Rome, Georgia: Floyd 
County'' as a nonattainment area in the regulatory table in 40 CFR 
81.311 listing area designations for the 1997 Annual PM2.5 
NAAQS in the State of Georgia. EPA took final action on May 14, 2014 
(effective June 13, 2014), to redesignate the Rome, Georgia 
PM2.5 nonattainment area (Rome Area) as attainment for the 
1997 Annual PM2.5 NAAQS. See 79 FR 27493. The Rome Area is 
comprised of Floyd County in Georgia. In addition, in EPA's June 2, 
2014, final rulemaking, EPA incorrectly identified ``Macon, Georgia: 
Bibb County and Monroe County (part)'' as a nonattainment area in the 
regulatory table in 40 CFR 81.311 listing area designations for the 
1997 Annual PM2.5 NAAQS in the State of Georgia. EPA took 
final action on May 13, 2014 (effective June 12, 2014), to redesignate 
the Macon, Georgia PM2.5 nonattainment area (Macon Area) as 
attainment for the 1997 Annual PM2.5 NAAQS. See 79 FR 27193. 
The Macon Area is comprised of Bibb County and a portion of Monroe 
County in Georgia. Today, EPA is correcting the inadvertent errors in 
EPA's June 2, 2014, rulemaking by changing the regulatory table in 40 
CFR 81.311 to reflect that EPA has redesignated the Rome and Macon 
Areas as attainment for the 1997 Annual PM2.5 NAAQS.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment procedures are unnecessary 
for today's action because this action merely corrects the 
aforementioned inadvertent errors in the regulatory text and has no 
substantive impact on EPA's June 2, 2014, action. In addition, EPA can 
identify no particular reason why the public would be interested in 
having the opportunity to comment on this correction prior to this 
action being finalized because this correction action does not change 
or reopen EPA's redesignations of the Rome and Macon Areas for the 1997 
Annual PM2.5 NAAQS.

[[Page 77390]]

    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA 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.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) 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 merely corrects inadvertent errors in the 
regulatory text that incorrectly identified above. For these reasons, 
EPA finds good cause under APA section 553(d)(3) for this correction to 
become effective on the date of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule merely corrects inadvertent errors in the regulatory text and 
does not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It would not 
have a substantial direct effect on one or more Indian tribes, since no 
tribe has to develop an implementation plan under these regulatory 
revisions. Furthermore, these regulation revisions do not affect the 
relationship or distribution of power and responsibilities between the 
federal government and Indian tribes. The CAA and the Tribal Air Rule 
establish the relationship of the federal government and tribes in 
developing plans to attain the NAAQS, and these revisions to the 
regulations do nothing to modify that relationship. Thus, Executive 
Order 13175 does not apply to this action.
    This rule also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In addition, this rule does not involve technical 
standards, thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. This rule also does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    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 rule 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).

List of Subjects in 40 CFR Part 81

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

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

    40 CFR part 81 is amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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-1997 Annual 
PM2.5 NAAQS'' is amended by:
0
a. Revising the entry for ``Floyd County'' under ``Rome, GA.''
0
b. Revising the entry for ``Bibb County and Monroe County (part)'' 
under ``Macon, GA.''
    The revisions read as follows:


Sec.  81.311  Georgia.

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                                        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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                                                  * * * * * * *
Rome, GA:
    Floyd County...................       6/13/2014  Attainment.................
Macon, GA:
    Bibb County....................       6/12/2014  Attainment.................
    Monroe County (part)...........       6/12/2014  Attainment.................

[[Page 77391]]

 
From the point where Bibb and
 Monroe Counties meet at U.S. Hwy
 23/Georgia Hwy 98 follow the Bibb/
 Monroe County line westward 150'
 from the U.S. Hwy 23/Georgia Hwy
 87 centerline, proceed northward
 150' west of and parallel to the
 U.S. Hwy 23/Georgia Hwy 87
 centerline to 33 degrees, 04
 minutes, 30 seconds; proceed
 westward to 83 degrees, 49
 minutes, 45 seconds; proceed due
 south to 150' north of the Georgia
 Hwy 18 centerline, proceed
 eastward 150' north of and
 parallel to the Georgia Hwy 18
 centerline to 1150' west of the
 U.S. Hwy 23/Georgia Hwy 87
 centerline, proceed southward
 1150' west of and parallel to the
 U.S. Hwy 23/Georgia Hwy 87
 centerline to the Monroe/Bibb
 County line; then follow the
 Monroe/ Bibb County line to 150'
 west of the U.S. Hwy 23/ Georgia
 Hwy 87 centerline.
 
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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. 2014-30231 Filed 12-23-14; 8:45 am]
BILLING CODE 6560-50-P