Approval and Promulgation of Implementation Plans; Alabama, Georgia, and Tennessee: Chattanooga; Particulate Matter 2002 Base Year Emissions Inventory, 6467-6471 [2012-2731]
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Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Rules and Regulations
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Authority: 38 U.S.C. 1155, unless
otherwise noted.
Subpart B—Disability Ratings
§ 4.117
2. In § 4.117, add diagnostic code
7717, immediately following the note at
the end of diagnostic code 7716, to read
as follows:
■
§ 4.117 Schedule of ratings—hemic and
lymphatic systems.
Rating
The Secretary hereby certifies that
this final rule 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. The rule could
affect only VA beneficiaries and will not
directly affect small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this rule is
exempt from the initial and final
regulatory flexibility analyses
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers and titles
for this rule are as follows: 64.109,
Veterans Compensation for ServiceConnected Disability; and 64.110,
Veterans Dependency and Indemnity
Compensation for Service-Connected
Death.
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7717 AL amyloidosis (primary
amyloidosis) ..............................
List of Subjects in 38 CFR Part 4
3. In Appendix A to part 4, under Sec.
4.117, add diagnostic code 7717 in
numerical order (following diagnostic
code number 7716) to the table to read
as follows:
Appendix A to Part 4—Table of
Amendments and Effective Dates Since
1946
pmangrum on DSK3VPTVN1PROD with RULES
Dated: February 3, 2012.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set out in the
preamble, 38 CFR part 4 is amended as
set forth below:
1. The authority citation for part 4
continues to read as follows:
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7717
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[FR Doc. 2012–2883 Filed 2–7–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R04–OAR–2011–0084–201167(a);
FRL–9628–2]
Approval and Promulgation of
Implementation Plans; Alabama,
Georgia, and Tennessee: Chattanooga;
Particulate Matter 2002 Base Year
Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Sec.
Diagnostic
Code No.
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4.117.
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Added 3/9/2012.
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4. In Appendix B to part 4 add
diagnostic code 7717 to the table in
numerical order (following the entry for
diagnostic code number 7716) and its
disability entry ‘‘AL amyloidosis
(primary amyloidosis)’’ to read as
follows:
■
Appendix B to Part 4—Numerical Index
of Disabilities
Diagnostic Code No.
Disability benefits, Pensions,
Veterans.
PART 4—SCHEDULE FOR RATING
DISABILITIES
100
■
7717
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 February 2, 2012, for
publication.
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AL amyloidosis .................
40 CFR Part 52
Signing Authority
14:44 Feb 07, 2012
Diagnostic Code
No.
[Amended]
Regulatory Flexibility Act
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Appendix C to Part 4—Alphabetical
Index of Disabilities
THE HEMIC AND LYMPHATIC SYSTEMS
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7717 .......................... AL amyloidosis (primary amyloidosis).
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5. Appendix C to part 4 is amended
by adding in alphabetical order
(following ‘‘Agranulocytosis’’) a new
entry ‘‘AL amyloidosis’’ and its
diagnostic code number ‘‘7717’’ to read
as follows:
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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) revisions
submitted by the States of Alabama on
July 31, 2009, Georgia on October 27,
2009, and Tennessee on October 15,
2009. The emissions inventory is part of
the tri-state Chattanooga, AlabamaGeorgia-Tennessee, (hereafter referred to
as ‘‘the Chattanooga Area’’ or ‘‘Area’’),
PM2.5 attainment demonstrations that
were 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
April 9, 2012 without further notice,
unless EPA receives adverse comment
by March 9, 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–2011–0084, 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.
SUMMARY:
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4. Mail: ‘‘EPA–R04–OAR–2011–
0084,’’ 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–
0084. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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
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
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
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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 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 Submittals
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
Chattanooga Area (which is comprised
of a portion of Jackson County in
Alabama, Catoosa and Walker Counties
in Georgia and Hamilton County in
Tennessee) was designated
nonattainment for the 1997 annual
PM2.5 NAAQS. See 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
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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 July 31, 2009, October 27, 2009,
and October 15, 2009, Alabama, Georgia
and Tennessee (respectively) submitted
attainment demonstrations and
associated reasonably available control
measures (RACM), reasonable further
progress (RFP) plans, 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
Chattanooga Area. On May 31, 2011 (76
FR 31239), EPA determined that the
Chattanooga 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
its Chattanooga attainment plan 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 revisions submitted
on July 31, 2009, October 27, 2009 and
October 15, 2009, by Alabama, Georgia
and Tennessee (respectively), as
required by section 172(c)(3).
II. Analysis of State Submittals
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. Alabama,
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 and Tennessee selected 2002 as
base year for their emissions inventory
per 40 CFR 51.1008(b). Emissions
contained in the Chattanooga emissions
inventory 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
Section 4 of the Alabama submittal,
Appendix H of the Georgia submittal,
and Appendix 4 of the Tennessee
6469
submittal. A summary is also 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 CHATTANOOGA AREA (tONS)
Point sources
County
NOX
Jackson, AL (partial) ..........................................................................................................................
Catoosa, GA ......................................................................................................................................
Walker, GA ........................................................................................................................................
Hamilton, TN ......................................................................................................................................
SO2
26,337
0
45.7
2,856
PM2.5
44,080
0
203.1
1,721
933
0
1.7
567
Non-road sources
Jackson, AL (partial) ..........................................................................................................................
Catoosa, GA ......................................................................................................................................
Walker, GA ........................................................................................................................................
Hamilton, TN ......................................................................................................................................
14
671.4
269.1
6,428
5
50.8
21
539
1
37.4
19.2
292
17
272.8
763.9
507
12
688.7
1,040.6
1,000
6
92.1
71.1
461
0
37.2
29.3
183
Area sources
Jackson, AL (partial) ..........................................................................................................................
Catoosa, GA ......................................................................................................................................
Walker, GA ........................................................................................................................................
Hamilton, TN ......................................................................................................................................
3
165.4
417.4
639
Mobile sources
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Jackson, AL (partial) ..........................................................................................................................
Catoosa, GA ......................................................................................................................................
Walker, GA ........................................................................................................................................
Hamilton, TN ......................................................................................................................................
The 172(c)(3) emissions inventory is
developed by the incorporation of data
from multiple sources. 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 are used in the attainment
demonstration modeling inventory.
Such was the case in the development
of the 2002 emissions inventory that
was submitted in each State’s
attainment SIPs 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.
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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 these SIPs. 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 that the
process used to develop these
inventories was adequate to meet the
requirements of CAA 172(c)(3) and the
implementing regulations.
EPA has reviewed the emissions
inventories from Alabama, Georgia and
Tennessee, and finds that they are
adequate for the purposes of meeting
section 172(c)(3) emissions inventory
requirement for the 1997 annual PM2.5
standard. The emissions inventories are
approvable because the emissions were
developed consistent with the CAA,
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2,377.1
1,698.7
11,610
implementing regulations and EPA
guidance for emission inventories.
III. Final Action
EPA is approving the 2002 base year
emissions inventory portion of the SIP
revisions submitted by: the State of
Alabama on July 31, 2009, the State of
Georgia on October 27, 2009 and the
State of Tennessee on October 15, 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 April 9, 2012 without further
notice unless the Agency receives
adverse comments by March 9, 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
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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 April 9, 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
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 April 9, 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 and Sulfur oxides.
Dated: January 27, 2012.
A. Stanley Meiburg,
Acting 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 B—Alabama
2. Section 52.50(e) is amended by
adding a new entry for ‘‘Chattanooga;
Fine Particulate Matter 2002 Base Year
Emissions Inventory’’ at the end of the
table to read as follows:
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§ 52.50
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Identification of plan.
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(e) * * *
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EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
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Name of nonregulatory SIP provision
State submittal
date/effective date
*
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Chattanooga; Fine Particulate Matter 2002 Base Jackson County .....
Year Emissions Inventory.
§ 52.570
Subpart L—Georgia
2. Section 52.570(e), is amended by
adding a new entry 29 to read as
follows:
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7/31/09 2/8/12 [Insert citation of publication].
Identification of plan.
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(e) * * *
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
date/effective
date
Name of nonregulatory SIP provision
Applicable geographic
or nonattainment area
*
*
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29. Chattanooga; Fine Particulate Matter 2002 Base
Year Emissions Inventory.
*
*
Catoosa and Walker Counties ........
Fine Particulate Matter 2002 Base Year
Emissions Inventory’’ at the end of the
table to read as follows:
Subpart RR—Tennessee
2. Section 52.2220(e) is amended by
adding a new entry for ‘‘Chattanooga;
■
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10/27/09
§ 52.2220
*
EPA approval date
*
2/8/12 [Insert citation of
publication].
Identification of plan.
*
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(e) * * *
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EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
Name of non-regulatory SIP provision
*
*
*
*
Chattanooga; Fine Particulate Matter 2002 Base Hamilton County ..........................
Year Emissions Inventory.
State effective
date
*
on or before April 9, 2012, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
[FR Doc. 2012–2731 Filed 2–7–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0573. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
ADDRESSES:
40 CFR Part 174
[EPA–HQ–OPP–2007–0573; FRL–9333–7]
Bacillus thuringiensis Cry2Ae Protein
in Cotton; Exemption from the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Bacillus
thuringiensis Cry2Ae protein in or on
the food and feed commodities of
cotton; cotton, undelinted seed; cotton,
gin byproducts; cotton, forage; cotton,
hay; cotton, hulls; cotton, meal; and
cotton, refined oil, when used as a
plant-incorporated protectant (PIP) in
cotton. Bayer CropScience LP submitted
a petition to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of Bacillus thuringiensis
Cry2Ae protein in cotton under the
FFDCA.
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
This regulation is effective
February 8, 2012. Objections and
requests for hearings must be received
DATES:
VerDate Mar<15>2010
14:44 Feb 07, 2012
Jkt 226001
FOR FURTHER INFORMATION CONTACT:
Shanaz Bacchus, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
10/15/09
EPA approval date
Explanation
*
2/8/12 [Insert citation of publication].
*
(703) 308–8097; email address:
bacchus.shanaz@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 174
through the Government Printing
Office’s e-CFR site at https://
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6467-6471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2731]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0084-201167(a); FRL-9628-2]
Approval and Promulgation of Implementation Plans; Alabama,
Georgia, and Tennessee: Chattanooga; 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) revisions
submitted by the States of Alabama on July 31, 2009, Georgia on October
27, 2009, and Tennessee on October 15, 2009. The emissions inventory is
part of the tri-state Chattanooga, Alabama-Georgia-Tennessee,
(hereafter referred to as ``the Chattanooga Area'' or ``Area''),
PM2.5 attainment demonstrations that were 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 April 9, 2012 without
further notice, unless EPA receives adverse comment by March 9, 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-2011-0084, 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.
[[Page 6468]]
4. Mail: ``EPA-R04-OAR-2011-0084,'' 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-
2011-0084. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 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
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 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 Submittals
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 Chattanooga Area (which is comprised of a portion of
Jackson County in Alabama, Catoosa and Walker Counties in Georgia and
Hamilton County in Tennessee) was designated nonattainment for the 1997
annual PM2.5 NAAQS. See 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 July 31, 2009, October 27, 2009, and October 15, 2009, Alabama,
Georgia and Tennessee (respectively) submitted attainment
demonstrations and associated reasonably available control measures
(RACM), reasonable further progress (RFP) plans, 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
Chattanooga Area. On May 31, 2011 (76 FR 31239), EPA determined that
the Chattanooga 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\ its Chattanooga attainment
plan 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 revisions submitted on July 31, 2009, October 27, 2009 and October
15, 2009, by Alabama, Georgia and Tennessee (respectively), 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 Submittals
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. Alabama,
[[Page 6469]]
Georgia and Tennessee selected 2002 as base year for their emissions
inventory per 40 CFR 51.1008(b). Emissions contained in the Chattanooga
emissions inventory 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 Section 4 of the Alabama submittal,
Appendix H of the Georgia submittal, and Appendix 4 of the Tennessee
submittal. A summary is also 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 Chattanooga Area (tons)
------------------------------------------------------------------------
Point sources
County -----------------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Jackson, AL (partial)......... 26,337 44,080 933
Catoosa, GA................... 0 0 0
Walker, GA.................... 45.7 203.1 1.7
Hamilton, TN.................. 2,856 1,721 567
�������������������������������
Non-road sources
-----------------------------------------
Jackson, AL (partial)......... 14 5 1
Catoosa, GA................... 671.4 50.8 37.4
Walker, GA.................... 269.1 21 19.2
Hamilton, TN.................. 6,428 539 292
�������������������������������
Area sources
-----------------------------------------
Jackson, AL (partial)......... 3 17 12
Catoosa, GA................... 165.4 272.8 688.7
Walker, GA.................... 417.4 763.9 1,040.6
Hamilton, TN.................. 639 507 1,000
�������������������������������
Mobile sources
-----------------------------------------
Jackson, AL (partial)......... 7 6 0
Catoosa, GA................... 2,377.1 92.1 37.2
Walker, GA.................... 1,698.7 71.1 29.3
Hamilton, TN.................. 11,610 461 183
------------------------------------------------------------------------
The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple sources. 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 are used in the attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in each State's attainment SIPs 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 these SIPs. 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 that the
process used to develop these inventories was adequate to meet the
requirements of CAA 172(c)(3) and the implementing regulations.
EPA has reviewed the emissions inventories from Alabama, Georgia
and Tennessee, and finds that they are adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement for the 1997
annual PM2.5 standard. The emissions inventories are
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 revisions submitted by: the State of Alabama on July 31, 2009,
the State of Georgia on October 27, 2009 and the State of Tennessee on
October 15, 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 April 9, 2012
without further notice unless the Agency receives adverse comments by
March 9, 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
[[Page 6470]]
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 April 9, 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 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 April 9, 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 and Sulfur oxides.
Dated: January 27, 2012.
A. Stanley Meiburg,
Acting 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 B--Alabama
0
2. Section 52.50(e) is amended by adding a new entry for ``Chattanooga;
Fine Particulate Matter 2002 Base Year Emissions Inventory'' at the end
of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chattanooga; Fine Particulate Jackson County... 7/31/09 2/8/12 [Insert
Matter 2002 Base Year Emissions citation of
Inventory. publication].
----------------------------------------------------------------------------------------------------------------
Subpart L--Georgia
0
2. Section 52.570(e), is amended by adding a new entry 29 to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 6471]]
EPA-Approved Georgia Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP Applicable geographic date/effective EPA approval date
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
29. Chattanooga; Fine Catoosa and Walker 10/27/09 2/8/12 [Insert citation of
Particulate Matter 2002 Base Counties. publication].
Year Emissions Inventory.
----------------------------------------------------------------------------------------------------------------
Subpart RR--Tennessee
0
2. Section 52.2220(e) is amended by adding a new entry for
``Chattanooga; Fine Particulate Matter 2002 Base Year Emissions
Inventory'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State effective
provision or nonattainment area date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chattanooga; Fine Particulate Hamilton County....... 10/15/09 2/8/12 [Insert
Matter 2002 Base Year Emissions citation of
Inventory. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-2731 Filed 2-7-12; 8:45 am]
BILLING CODE 6560-50-P
