[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9114-9116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03743]
[[Page 9114]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2013-0084; FRL-9942-61- Region 4]
Air Plan Approval and Air Quality Designation; GA; Redesignation
of the Atlanta, GA, 1997 Annual PM2.5 Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On August 30, 2012, the Georgia Department of Natural
Resources, through the Georgia Environmental Protection Division (GA
EPD), submitted a request for the Environmental Protection Agency (EPA)
to redesignate the Atlanta, Georgia, fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual
PM2.5 national ambient air quality standards (NAAQS) and a
related state implementation plan (SIP) revision containing a
maintenance plan for the Atlanta Area. EPA is taking the following
separate final actions related to the August 30, 2012, redesignation
request and SIP revision: Determining that the Atlanta Area is
continuing to attain the 1997 Annual PM2.5 NAAQS; approving
into Georgia's SIP the State's plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Atlanta Area (maintenance plan),
including the associated motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and direct PM2.5 for the
year 2024; and redesignating the Atlanta Area to attainment for the
1997 Annual PM2.5 NAAQS. Additionally, EPA finds the 2024
MVEBs for the Atlanta Area adequate for the purposes of transportation
conformity.
DATES: This rule is effective February 24, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0084. 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 Air Regulatory Management Section, Air Planning and
Implementation 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: Joel Huey, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Mr. Huey may be reached by phone at (404)
562-9104 or via electronic mail at [email protected].
I. What is the background for the actions?
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006, EPA retained the annual average NAAQS at 15 [mu]g/m\3\ but
revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year
average of the 98th percentile of 24-hour concentrations. See 71 FR
61144.
On January 5, 2005, and supplemented on April 14, 2005, EPA
designated the Atlanta Area as nonattainment for the 1997
PM2.5 NAAQS.\1\ See 70 FR 944 and 70 FR 19844, respectively.
On November 13, 2009, EPA promulgated designations for the 2006 24-hour
PM2.5 NAAQS and designated the Atlanta Area as
unclassifiable/attainment for that standard. See 74 FR 58688. EPA did
not promulgate designations for the 2006 Annual PM2.5 NAAQS
because that NAAQS was essentially identical to the 1997 Annual
PM2.5 NAAQS.
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\1\ The Atlanta Area is comprised of twenty whole counties and
two partial counties in Georgia: Barrow, Bartow, Carroll, Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton,
and portions of Heard and Putnam Counties.
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On August 30, 2012, Georgia submitted a request to EPA for
redesignation of the Atlanta Area to attainment for the 1997 Annual
PM2.5 NAAQS and a related SIP revision containing a
maintenance plan for the Area. In a notice of proposed rulemaking (NPR)
published on January 11, 2016, EPA proposed to determine that the
Atlanta Area is continuing to attain the 1997 Annual PM2.5
NAAQS; to approve, as a revision to the Georgia SIP, the State's 1997
Annual PM2.5 NAAQS maintenance plan, including the 2024
MVEBs for NOX and direct PM2.5, for the Atlanta
Area; and to redesignate the Atlanta Area to attainment for the 1997
Annual PM2.5 NAAQS.\2\ See 81 FR 1144. In that notice, EPA
also notified the public of the status of the Agency's adequacy
determination for the NOX and direct PM2.5 MVEBs
for the Area. No adverse comments were received on the January 11,
2016, proposed rulemaking. The details of Georgia's submittal and the
rationale for EPA's actions are further explained in the NPR.
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\2\ In section IX of EPA's January 11, 2016, NPR, EPA
inadvertently referenced ``NOX and VOC MVEBs'' where the
notice should have read ``NOX and PM2.5
MVEBs,'' consistent with numerous other such references in the
notice. See 81 FR 1161, 2nd and 3rd columns.
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II. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the counties in the Atlanta Area, found at 40 CFR 81.311, from
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS.
Approval of Georgia's associated SIP revision also incorporates a plan
into the SIP for maintaining the 1997 Annual PM2.5 NAAQS in
the Atlanta Area as described in the NPR. The maintenance plan
establishes NOX and direct PM2.5 MVEBs for 2024
for the Area and includes contingency measures to remedy any future
violations of the 1997 Annual PM2.5 NAAQS and procedures for
evaluation of potential violations. The 2024 NOX and
PM2.5 MVEBs are 44,430 tons per year (tpy) and 2,281 tpy,
respectively, for the Area.
III. Final Actions
EPA is taking three separate final actions regarding Georgia's
request to redesignate the Atlanta Area to attainment for the 1997
Annual PM2.5 NAAQS and associated SIP revision. First, EPA
is determining that the Atlanta Area is continuing to attain the 1997
Annual PM2.5 NAAQS. Second, EPA is approving and
incorporating the maintenance plan for the Atlanta Area, including the
NOX and direct PM2.5 MVEBs for 2024, into the
Georgia SIP. Third, EPA is determining that Georgia has met the
criteria under CAA section 107(d)(3)(E) for the Atlanta Area for
redesignation from nonattainment to
[[Page 9115]]
attainment for the 1997 Annual PM2.5 NAAQS. On this basis,
EPA is approving Georgia's redesignation request for the 1997 Annual
PM2.5 NAAQS for the Atlanta Area. As mentioned above,
approval of the redesignation request changes the official designation
of the counties in the Atlanta Area for the 1997 Annual
PM2.5 NAAQS from nonattainment to attainment, as found at 40
CFR part 81.
EPA is also notifying the public that EPA finds the newly-
established NOx and direct PM2.5 MVEBs for the Atlanta Area
adequate for the purpose of transportation conformity. Within 24 months
from this final rule, the transportation partners must demonstrate
conformity to the new NOX and direct PM2.5 MVEBs
pursuant to 40 CFR 93.104(e)(3).
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 Atlanta 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.
IV. 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 application of those requirements would be inconsistent
with the CAA; and,
will not have disproportionate human health or
environmental effects 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 April 25, 2016. 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: February 8, 2016.
Heather McTeer Toney.
Regional Administrator, Region 4.
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. Section 52.570(e) is amended by adding an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Atlanta Area'' to the end of
the table to read as follows:
[[Page 9116]]
Sec. 52.570 Identification of plan.
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(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date/ EPA approval date Explanation
area effective date
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* * * * * * *
1997 Annual PM2.5 Maintenance Barrow, Bartow, 8/30/12 2/24/16 [Insert citation of ..............
Plan for the Atlanta Area. Carroll, publication].
Cherokee,
Clayton, Cobb,
Coweta, DeKalb,
Douglas,
Fayette,
Forsyth, Fulton,
Gwinnett, Hall,
Henry, Newton,
Paulding,
Rockdale,
Spalding and
Walton Counties
in their
entireties and
portions of
Heard and Putnam
Counties.
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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 under ``Atlanta, GA:'' by revising
the entries for the counties 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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Atlanta, GA:
Barrow County............... 2/24/16 Attainment
Bartow County............... 2/24/16 Attainment
Carroll County.............. 2/24/16 Attainment
Cherokee County............. 2/24/16 Attainment
Clayton County.............. 2/24/16 Attainment
Cobb County................. 2/24/16 Attainment
Coweta County............... 2/24/16 Attainment
DeKalb County............... 2/24/16 Attainment
Douglas County.............. 2/24/16 Attainment
Fayette County.............. 2/24/16 Attainment
Forsyth County.............. 2/24/16 Attainment
Fulton County............... 2/24/16 Attainment
Gwinnett County............. 2/24/16 Attainment
Hall County................. 2/24/16 Attainment
Heard County (part)......... 2/24/16 Attainment
The northeast portion
that extends north of
33 degrees 24 minutes
(north) to the Carroll
County border and east
of 85 degrees 3 minutes
(west) to the Coweta
County border.
Henry County................ 2/24/16 Attainment
Newton County............... 2/24/16 Attainment
Paulding County............. 2/24/16 Attainment
Putnam County (part)........ 2/24/16 Attainment
The area described by
U.S. Census 2000 block
group identifier 13-237-
9603-1.
Rockdale County............. 2/24/16 Attainment
Spalding County............. 2/24/16 Attainment
Walton County............... 2/24/16 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. 2016-03743 Filed 2-23-16; 8:45 am]
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