Approval and Promulgation of Implementation Plans; Georgia; Rome; Fine Particulate Matter 2002 Emissions Inventory, 1894-1895 [2012-347]
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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules
V. Consideration of Section 110(1) of
the Clean Air Act
Section 110(1) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of a
NAAQS or any other applicable
requirement of the CAA. EPA has
concluded that the above-described
revision to Regulation No. 11 will not
interfere with attainment, reasonable
further progress, or any other applicable
requirement of the CAA. This revision
to Regulation No. 11 will not adversely
affect the approved maintenance plans
for Metro-Denver and Longmont for
carbon monoxide (see 72 FR 46148,
August 17, 2007), Metro-Denver for
PM10 (see 72 FR 62571, November 6,
2007), or Greeley for carbon monoxide
(see 70 FR 48650), or the approved
attainment plan for Metro-Denver/NFR
for the 1997 8-hour (80 ppb) ozone
standard (see 76 FR 47443, August 5,
2011). For each of these areas and
pollutants, the State demonstrated
maintenance or attainment of the
relevant NAAQS assuming either the
complete absence of an I/M program or
the implementation of the 2003
cutpoints.
VI. Proposed Action
EPA is proposing approval of the
revision to Regulation No. 11 that the
State of Colorado submitted on August
8, 2006. The revision removes from
Regulation No. 11, Part F, section
III.A.2, the light duty vehicle emission
testing limits that went into effect on
January 1, 2006.
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VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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 Clean Air Act.
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
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
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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 Clean Air Act;
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, and
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 21, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012–458 Filed 1–11–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0849–201153(b);
FRL–9617–3]
Approval and Promulgation of
Implementation Plans; Georgia; Rome;
Fine Particulate Matter 2002 Emissions
Inventory
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing 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 PM2.5 attainment demonstration
that was submitted for the 1997 annual
PM2.5 National Ambient Air Quality
Standards. This action is being taken
pursuant to section 110 of the Clean Air
Act. In the Rules Section of this Federal
Register, EPA is approving Georgia’s SIP
revision as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments.
SUMMARY:
Written comments must be
received on or before February 13, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2011–0849, by one of the
following methods:
1. 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.
Please see the direct final rule which
is located in the Rules section of this
DATES:
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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Proposed Rules
Federal Register for detailed
instructions on how to submit
comments.
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: For
additional information see the direct
final rule which is published in the
Rules Section of this Federal Register.
A detailed rationale for the approval is
set forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
Dated: December 22, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2012–347 Filed 1–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0876; FRL–9617–9]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In this action, we are
proposing to approve South Coast Air
Quality Management District
(SCAQMD) Rule 317, ‘‘Clean Air Act
Non-Attainment Fee,’’ as a revision to
SCAQMD’s portion of the California
State Implementation Plan (SIP). Rule
317 is a local rule submitted to address
section 185 of the Clean Air Act (CAA
or Act). We are proposing that Rule 317,
an equivalent alternative program, is not
less stringent than the program required
by section 185, and, therefore, is
approvable, consistent with the
principles of section 172(e) of the Act.
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SUMMARY:
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As part of this action, we are inviting
public comment on whether it is
appropriate for EPA to consider
equivalent alternative programs, and, if
so, whether Rule 317 would constitute
an approvable equivalent alternative
program. We are taking comments on
these proposals and plan to follow with
a final action.
Any comments must arrive by
February 13, 2012.
DATES:
Submit comments,
identified by docket number EPA–R09–
OAR–2011–0876, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or email.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to EPA, your email
address will be automatically captured
and included as part of the public
comment. 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.
Docket: Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
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1895
Lily
Wong, EPA Region IX, (415) 947–4114,
wong.lily@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. What did the State submit?
II. Are there other versions of this rule?
III. What action is EPA taking?
IV. Background
V. What is the legal rationale for this action?
VI. What is EPA’s analysis of SCAQMD’s
alternative program?
VII. Proposed Action
VIII. Statutory and Executive Order Reviews
I. What did the State submit?
On February 4, 2011, SCAQMD
adopted Rule 317, ‘‘Clean Air Act Nonattainment Fee,’’ to meet the
requirements of CAA section 185. On
April 22, 2011, the California Air
Resources Board (CARB) submitted
SCAQMD’s Rule 317 to EPA. On May
19, 2011, EPA determined that the
submittal met the completeness criteria
in 40 CFR part 51 Appendix V, which
must be met before formal EPA review.
SCAQMD provided supplemental
information in a letter dated
December 21, 2011.
II. Are there other versions of this rule?
There are no previous versions of
Rule 317 in the SIP. Although the
SCAQMD adopted an earlier version of
Rule 317 on December 5, 2008, that rule
was never submitted to EPA for
approval as a SIP revision.
III. What action is EPA taking?
EPA is proposing to approve Rule 317
as a revision to SCAQMD’s portion of
the California SIP. The purpose of Rule
317 is to satisfy the requirements of
sections 182 and 185 of the Act by
utilizing an equivalency approach
consistent with the principles of section
172(e) of the Act. Under Rule 317,
SCAQMD will track, calculate, analyze,
and report to demonstrate that the
requirements of section 185 of the Act
have been met. Rule 317 includes:
Calculation of CAA non-attainment
(section 185) fee obligation,
establishment of a ‘‘section 172(e) fee
equivalency account,’’ an annual
demonstration of equivalency, an
annual preliminary determination of
equivalency, reporting to CARB and
EPA, and a backstop provision for
failure to achieve equivalency. The
‘‘section 172(e) fee equivalency
account’’ will include funds from
qualified programs that are surplus to
the 1-hour ozone SIP and designed to
result in direct reductions or facilitate
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Agencies
[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Proposed Rules]
[Pages 1894-1895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-347]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0849-201153(b); FRL-9617-3]
Approval and Promulgation of Implementation Plans; Georgia; Rome;
Fine Particulate Matter 2002 Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing 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 PM2.5 attainment demonstration that was
submitted for the 1997 annual PM2.5 National Ambient Air
Quality Standards. This action is being taken pursuant to section 110
of the Clean Air Act. In the Rules Section of this Federal Register,
EPA is approving Georgia's SIP revision as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments.
DATES: Written comments must be received on or before February 13,
2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0849, by one of the following methods:
1. 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.
Please see the direct final rule which is located in the Rules
section of this
[[Page 1895]]
Federal Register for detailed instructions on how to submit comments.
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: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.
Dated: December 22, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2012-347 Filed 1-11-12; 8:45 am]
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