[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.

* * * * *
    (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

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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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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]
 BILLING CODE 6560-50-P