Approval and Promulgation of Implementation Plans; Georgia; Rome; Fine Particulate Matter 2002 Base Year Emissions Inventory, 1873-1876 [2012-344]
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1873
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined and it has been
determined to be a significant regulatory
action under Executive Order 12866.
ENVIRONMENTAL PROTECTION
AGENCY
Paperwork Reduction Act
This final rule does not contain any
collections of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory action will not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
regulatory action will affect individuals
and will not affect any small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this regulatory action is exempt from the
initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance number and title for the
program that would be affected by this
final rule is 64.116, Vocational
Rehabilitation for Disabled Veterans.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on November 1, 2011 for
publication.
§ 52.270 [Corrected]
1. On page 81392, in § 52.270(c), in
the table appearing at the bottom of the
page, in the entry under the column
titled ‘‘EPA approval date’’, ‘‘12/28/
2012’’ should read ‘‘12/28/2011’’.
2. On page 81393, in §§ 52.270(c) and
(e), in both tables appearing on this
page, in the two entries under the
columns titled ‘‘EPA approval date’’,
‘‘12/28/2012’’ should read ‘‘12/28/
2011’’.
soon as they were able. For these
reasons, the Secretary of Veterans
Affairs issued this rule as an interim
final rule.
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Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
given year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Executive Orders 13563 and 12866
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB), as ‘‘any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
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List of Subjects in 38 CFR Part 21
Administrative practice and
procedure, Armed forces, Civil rights,
Claims, Colleges and universities,
Conflict of interests, Education,
Employment, Grant programs—
education, Grant programs—veterans,
Health care, Loan programs—education,
Loan programs—veterans, Manpower
training programs, Reporting and
recordkeeping requirements, Schools,
Travel and transportation expenses,
Veterans, Vocational education,
Vocational rehabilitation.
Dated: January 9, 2012.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel, Department
of Veterans Affairs.
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Accordingly, the interim final rule
amending 38 CFR part 21, which was
published at 76 FR 45697 on August 1,
2011, is adopted as a final rule without
change.
■
[FR Doc. 2012–452 Filed 1–11–12; 8:45 am]
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40 CFR Part 52
[EPA–R06–OAR–2008–0638; FRL–9613–7]
Approval and Disapproval and
Promulgation of Implementation Plans;
Texas; Infrastructure and Interstate
Transport Requirements for the 1997
Ozone and the 1997 and 2006 PM2.5
NAAQS
Correction
In rule document 2011–33253
appearing on pages 81371–81393 in the
issue of Wednesday, December 28, 2011,
make the following corrections:
[FR Doc. C1–2011–33253 Filed 1–11–12; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0849–201153(a);
FRL–9617–2]
Approval and Promulgation of
Implementation Plans; Georgia; Rome;
Fine Particulate Matter 2002 Base Year
Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve the fine particulate
matter (PM2.5) 2002 base year emissions
inventory portion of the State
Implementation Plan (SIP) revision
submitted by the State of Georgia on
October 27, 2009. The emissions
inventory is part of the Rome, Georgia
(hereafter referred to as ‘‘the Rome
Area’’ or ‘‘Area’’), PM2.5 attainment
demonstration that was submitted for
the 1997 annual PM2.5 National Ambient
Air Quality Standards (NAAQS). This
action is being taken pursuant to section
110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective
March 12, 2012 without further notice,
unless EPA receives adverse comment
SUMMARY:
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by February 13, 2012. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2011–0849, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2011–
0849,’’ 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, 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–2011–
0849. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The https://
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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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
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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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://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 https://
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:
Sean Lakeman, 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) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA
established an annual PM2.5 NAAQS at
15.0 micrograms per cubic meter (mg/
m3) based on a 3-year average of annual
mean PM2.5 concentrations. On January
5, 2005 (70 FR 944), EPA published its
air quality designations and
classifications for the 1997 annual PM2.5
NAAQS based upon air quality
monitoring data for calendar years
2001–2003. These designations became
effective on April 5, 2005. The Rome
Area (which is comprised of Floyd
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County in its entirety) was designated
nonattainment for the 1997 annual
PM2.5 NAAQS. See title 40 CFR 81.311.
Designation of an area as
nonattainment starts the process for a
state to develop and submit to EPA a
SIP under title 1, part D of the CAA.
This SIP must include, among other
elements, a demonstration of how the
NAAQS will be attained in the
nonattainment area as expeditiously as
practicable but no later than the date
required by the CAA. Under CAA
section 172(b), a state has up to three
years after an area’s designation as
nonattainment to submit its SIP to EPA.
For the 1997 PM2.5 NAAQS, these SIPs
were due April 5, 2008. See 40 CFR
51.1002(a).
On October 27, 2009, Georgia
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, contingency
measures, a 2002 base year emissions
inventory and other planning SIP
revisions related to attainment of the
1997 annual PM2.5 NAAQS in the Rome
Area. Subsequently, on April 5, 2011
(76 FR 18650), EPA determined that the
Rome Area attained the 1997 annual
average PM2.5 NAAQS. The
determination of attainment was based
upon complete, quality-assured and
certified ambient air monitoring data for
the 2007–2009 period, showing that the
Area had monitored attainment of the
1997 annual PM2.5 NAAQS. The
requirements for the Area to submit an
attainment demonstration and
associated RACM, RFP plan,
contingency measures, and other
planning SIP revisions related to
attainment of the standard were
suspended as a result of the
determination of attainment, so long as
the Area continues to attain the 1997
annual PM2.5 NAAQS. See 40 CFR
51.1004(c).
On June 29, 2011, Georgia withdrew 1
the Rome Area’s attainment
demonstration as allowed by 40 CFR
51.1004(c); however, such withdrawal
does not suspend the emissions
inventory requirement found in CAA
section 172(c)(3). Section 172(c)(3) of
the CAA requires submission and
approval of a comprehensive, accurate,
and current inventory of actual
emissions. EPA is now approving the
emissions inventory portion of the SIP
revision submitted by the State of
1 Per phone conversation between Lynorae
Benjamin (EPA Region 4) and Jimmy Johnson
(Georgia Department of Natural Resources) on
October 17, 2011, the withdrawal notice did not
include the emissions inventory portion of the
submittal.
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Georgia on October 27, 2009, as required
by section 172(c)(3).
II. Analysis of State’s Submittal
As discussed above, section 172(c)(3)
of the CAA requires areas to submit a
comprehensive, accurate and current
inventory of actual emissions from all
sources of the relevant pollutant or
pollutants in such area. Georgia selected
2002 as base year for the emissions
inventory per 40 CFR 51.1008(b).
Emissions contained in the Rome
attainment plan cover the general source
categories of point sources, non-road
mobile sources, area sources, on-road
mobile sources, and biogenic sources. A
detailed discussion of the emissions
inventory development can be found in
Appendix H of the Georgia submittal; a
summary is provided below.
The tables below provide a summary
of the annual 2002 emissions of nitrogen
oxides (NOx), sulfur dioxide (SO2), and
PM2.5.
TABLE 1—2002 ANNUAL EMISSIONS FOR THE ROME AREA
[Tons]
Point Sources
County
NOX
Floyd ....................................................................................................................
PM2.5
SO2
13,053.3
35,245.1
651.0
Non-Road Sources
Floyd ....................................................................................................................
1,100.6
81.2
60.9
Area Sources
Floyd ....................................................................................................................
622.1
979.5
1,378.5
Mobile Sources
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Floyd ....................................................................................................................
The 172(c)(3) emissions inventory is
developed by the incorporation of data
from multiple sources and data. States
were required to develop and submit to
EPA a triennial emissions inventory
according to the Consolidated Emissions
Reporting Rule for all source categories
(i.e., point, area, nonroad mobile and
on-road mobile). This inventory often
forms the basis of data that are updated
with more recent information and data
that also is used in their attainment
demonstration modeling inventory.
Such was the case in the development
of the 2002 emissions inventory that
was submitted in the state’s attainment
SIP for this Area. The 2002 emissions
inventory was based on data developed
with the Visibility Improvement State
and Tribal Association of the Southeast
(VISTAS) contractors and submitted by
the States to the 2002 National
Emissions Inventory. Several iterations
of the 2002 inventories were developed
for the different emissions source
categories resulting from revisions and
updates to the data. This resulted in the
use of version G2 of the updated data to
represent the point sources’ emissions.
Data from many databases, studies and
models (e.g., Vehicle Miles Traveled,
fuel programs, the NONROAD 2002
model data for commercial marine
vessels, locomotives and Clean Air
Market Division, etc.) resulted in the
inventory submitted in this SIP. The
data were developed according to
current EPA emissions inventory
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guidance ‘‘Emissions Inventory
Guidance for Implementation of Ozone
and Particulate Matter National
Ambient Air Quality Standards
(NAAQS) and Regional Haze
Regulations’’ (August 2005) and a
quality assurance project plan that was
developed through VISTAS and
approved by EPA. EPA agrees with the
process used to develop this inventory
was adequate to meet the requirements
of CAA Sec. 172(c)(3) and the
implementing regulations.
EPA has reviewed Georgia’s emissions
inventory and finds that it is adequate
for the purposes of meeting section
172(c)(3) emissions inventory
requirement. The emissions inventory is
approvable because the emissions were
developed consistent with the CAA,
implementing regulations and EPA
guidance for emission inventories.
III. Final Action
EPA is approving the 2002 base year
emissions inventory portion of the SIP
revision submitted by the State of
Georgia on October 27, 2009. This
action is being taken pursuant to section
110 of the CAA. EPA is publishing this
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
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128.1
49.4
rule will be effective March 12, 2012
without further notice unless the
Agency receives adverse comments by
February 13, 2012.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on March 12, 2012
and no further action will be taken on
the proposed rule.
IV. Statutory and Executive Order
Reviews
Under the CAA, 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 that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• 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 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.
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 March 12, 2012. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 22, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e), is amended by
adding a new entry for ‘‘Rome; 1997
Fine Particulate Matter 2002 Base Year
Emissions Inventory’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic
or nonattainment area
*
*
*
28. Rome; 1997 Fine Particulate Matter 2002 Base Year Emissions Inventory.
*
Floyd County .............
State submittal
date/effective date
*
10/27/2009
[FR Doc. 2012–344 Filed 1–11–12; 8:45 am]
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EPA approval date
*
*
1/12/12 [Insert citation of publication].
]]>Agencies
[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1873-1876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-344]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0849-201153(a); FRL-9617-2]
Approval and Promulgation of Implementation Plans; Georgia; Rome;
Fine Particulate Matter 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve the fine
particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revision
submitted by the State of Georgia on October 27, 2009. The emissions
inventory is part of the Rome, Georgia (hereafter referred to as ``the
Rome Area'' or ``Area''), PM2.5 attainment demonstration
that was submitted for the 1997 annual PM2.5 National
Ambient Air Quality Standards (NAAQS). This action is being taken
pursuant to section 110 of the Clean Air Act (CAA).
DATES: This direct final rule is effective March 12, 2012 without
further notice, unless EPA receives adverse comment
[[Page 1874]]
by February 13, 2012. If EPA receives such comments, it will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0849, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2011-0849,'' 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, 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-
2011-0849. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The https://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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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 https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://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 https://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: Sean Lakeman, 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)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. On January 5, 2005 (70 FR 944), EPA published its air
quality designations and classifications for the 1997 annual
PM2.5 NAAQS based upon air quality monitoring data for
calendar years 2001-2003. These designations became effective on April
5, 2005. The Rome Area (which is comprised of Floyd County in its
entirety) was designated nonattainment for the 1997 annual
PM2.5 NAAQS. See title 40 CFR 81.311.
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title 1, part D of the
CAA. This SIP must include, among other elements, a demonstration of
how the NAAQS will be attained in the nonattainment area as
expeditiously as practicable but no later than the date required by the
CAA. Under CAA section 172(b), a state has up to three years after an
area's designation as nonattainment to submit its SIP to EPA. For the
1997 PM2.5 NAAQS, these SIPs were due April 5, 2008. See 40
CFR 51.1002(a).
On October 27, 2009, Georgia submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP revisions related
to attainment of the 1997 annual PM2.5 NAAQS in the Rome
Area. Subsequently, on April 5, 2011 (76 FR 18650), EPA determined that
the Rome Area attained the 1997 annual average PM2.5 NAAQS.
The determination of attainment was based upon complete, quality-
assured and certified ambient air monitoring data for the 2007-2009
period, showing that the Area had monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
On June 29, 2011, Georgia withdrew \1\ the Rome Area's attainment
demonstration as allowed by 40 CFR 51.1004(c); however, such withdrawal
does not suspend the emissions inventory requirement found in CAA
section 172(c)(3). Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions. EPA is now approving the emissions inventory portion of the
SIP revision submitted by the State of
[[Page 1875]]
Georgia on October 27, 2009, as required by section 172(c)(3).
---------------------------------------------------------------------------
\1\ Per phone conversation between Lynorae Benjamin (EPA Region
4) and Jimmy Johnson (Georgia Department of Natural Resources) on
October 17, 2011, the withdrawal notice did not include the
emissions inventory portion of the submittal.
---------------------------------------------------------------------------
II. Analysis of State's Submittal
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive, accurate and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Georgia selected 2002 as base year for the emissions
inventory per 40 CFR 51.1008(b). Emissions contained in the Rome
attainment plan cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. A detailed discussion of the emissions inventory
development can be found in Appendix H of the Georgia submittal; a
summary is provided below.
The tables below provide a summary of the annual 2002 emissions of
nitrogen oxides (NOx), sulfur dioxide (SO2), and
PM2.5.
Table 1--2002 Annual Emissions for the Rome Area
[Tons]
----------------------------------------------------------------------------------------------------------------
Point Sources
County -----------------------------------------------------------
NOX SO2 PM2.5
----------------------------------------------------------------------------------------------------------------
Floyd............................................... 13,053.3 35,245.1 651.0
-----------------------------------------------------------
Non-Road Sources
----------------------------------------------------------------------------------------------------------------
Floyd............................................... 1,100.6 81.2 60.9
-----------------------------------------------------------
Area Sources
----------------------------------------------------------------------------------------------------------------
Floyd............................................... 622.1 979.5 1,378.5
-----------------------------------------------------------
Mobile Sources
----------------------------------------------------------------------------------------------------------------
Floyd............................................... 3,058.7 128.1 49.4
----------------------------------------------------------------------------------------------------------------
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources and data. States were required to develop
and submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, nonroad mobile and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also is used in their attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in the state's attainment SIP for this
Area. The 2002 emissions inventory was based on data developed with the
Visibility Improvement State and Tribal Association of the Southeast
(VISTAS) contractors and submitted by the States to the 2002 National
Emissions Inventory. Several iterations of the 2002 inventories were
developed for the different emissions source categories resulting from
revisions and updates to the data. This resulted in the use of version
G2 of the updated data to represent the point sources' emissions. Data
from many databases, studies and models (e.g., Vehicle Miles Traveled,
fuel programs, the NONROAD 2002 model data for commercial marine
vessels, locomotives and Clean Air Market Division, etc.) resulted in
the inventory submitted in this SIP. The data were developed according
to current EPA emissions inventory guidance ``Emissions Inventory
Guidance for Implementation of Ozone and Particulate Matter National
Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations''
(August 2005) and a quality assurance project plan that was developed
through VISTAS and approved by EPA. EPA agrees with the process used to
develop this inventory was adequate to meet the requirements of CAA
Sec. 172(c)(3) and the implementing regulations.
EPA has reviewed Georgia's emissions inventory and finds that it is
adequate for the purposes of meeting section 172(c)(3) emissions
inventory requirement. The emissions inventory is approvable because
the emissions were developed consistent with the CAA, implementing
regulations and EPA guidance for emission inventories.
III. Final Action
EPA is approving the 2002 base year emissions inventory portion of
the SIP revision submitted by the State of Georgia on October 27, 2009.
This action is being taken pursuant to section 110 of the CAA. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective March 12, 2012 without
further notice unless the Agency receives adverse comments by February
13, 2012.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on March 12, 2012 and no
further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, 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 that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 1876]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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 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.
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 March 12, 2012. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: December 22, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 a new entry for ``Rome; 1997
Fine Particulate Matter 2002 Base Year Emissions Inventory'' to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP Applicable geographic or date/effective EPA approval date
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
28. Rome; 1997 Fine Particulate Floyd County.................... 10/27/2009 1/12/12 [Insert
Matter 2002 Base Year Emissions citation of
Inventory. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-344 Filed 1-11-12; 8:45 am]
BILLING CODE 6560-50-P
