Approval and Promulgation of Implementation Plans; Georgia; Atlanta; Fine Particulate Matter 2002 Base Year Emissions Inventory, 12487-12491 [2012-4988]
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Greenhouse gases,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: February 10, 2012.
A. Stanley Meiburg,
Acting Regional Administrator; Region 4.
Subpart RR—Tennessee
2. Section 52.2220 (c) is amended
under Table 1, Chapter 1200–3–9 by
revising the entry for ‘‘Section 1200–3–
9–.01’’ to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
§ 52.2220
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42.U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
Chapter 1200–3–9
Section 1200–3–9–.01 ...
Construction Permits ...
*
EPA approval date
*
*
*
*
*
11/27/2011
3/1/2012 [Insert citation
of publication].
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EPA is approving Tennessee’s May 28, 2009
SIP revisions to Chapter 1200–3–9–.01 with
the exception of the ‘‘baseline actual emissions’’ calculation revision found at 1200–3–
9–.01
(4)(b)45(i)(III),
(4)(b)45(ii)(IV),
(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of
the submittal.
*
[FR Doc. 2012–4892 Filed 2–29–12; 8:45 am]
VerDate Mar<15>2010
*
Construction and Operating Permits
unless EPA receives adverse comment
by April 2, 2012. If EPA receives such
comments, it will publish a timely
BILLING CODE 6560–50–P
withdrawal of the direct final rule in the
Federal Register and inform the public
ENVIRONMENTAL PROTECTION
that the rule will not take effect.
AGENCY
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
40 CFR Part 52
OAR–2012–0050, by one of the
following methods:
[EPA–R04–OAR–2012–0050–201207(a);
1. www.regulations.gov: Follow the
FRL–9639–4]
on-line instructions for submitting
Approval and Promulgation of
comments.
Implementation Plans; Georgia;
2. Email: benjamin.lynorae@epa.gov.
Atlanta; Fine Particulate Matter 2002
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
Base Year Emissions Inventory
0050,’’ Regulatory Development Section,
AGENCY: Environmental Protection
Air Planning Branch, Air, Pesticides and
Agency (EPA).
Toxics Management Division, U.S.
ACTION: Direct final rule.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
SUMMARY: EPA is taking direct final
Atlanta, Georgia 30303–8960.
action to approve the fine particulate
5. Hand Delivery or Courier: Lynorae
matter (PM2.5) 2002 base year emissions Benjamin, Regulatory Development
inventory, portion of the State
Section, Air Planning Branch, Air,
Implementation Plan (SIP) revision
Pesticides and Toxics Management
submitted by the State of Georgia on
Division, U.S. Environmental Protection
July 6, 2010. The emissions inventory is Agency, Region 4, 61 Forsyth Street
part of the Atlanta, Georgia (hereafter
SW., Atlanta, Georgia 30303–8960. Such
referred to as ‘‘the Atlanta Area’’ or
deliveries are only accepted during the
‘‘Area’’), PM2.5 attainment
Regional Office’s normal hours of
demonstration that was submitted for
operation. The Regional Office’s official
the 1997 annual PM2.5 National Ambient hours of business are Monday through
Air Quality Standards (NAAQS). This
Friday, 8:30 to 4:30, excluding Federal
action is being taken pursuant to section holidays.
110 of the Clean Air Act (CAA).
Instructions: Direct your comments to
DATES: This direct final rule is effective
Docket ID No. EPA–R04–OAR–2012–
0050. EPA’s policy is that all comments
April 30, 2012 without further notice,
*
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Explanation
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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
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
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’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 Atlanta
Area (which is comprised of Barrow,
Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale, Spalding
and Walton Counties in their entireties
and portions of Heard and Putnam
Counties) 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 July 6, 2010, 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
Atlanta Area. Subsequently, on
December 8, 2011 (76 FR 76620), EPA
determined that the Atlanta 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 December 29, 2011, Georgia
withdrew the Atlanta Area’s attainment
demonstration (except the emissions
inventory) 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
Georgia on July 6, 2010, 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 Atlanta
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 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA
[Tons per year]
Point sources
Area sources
County
SO2
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NOX
Barrow ....................................................
Bartow ....................................................
Carroll .....................................................
Cherokee ................................................
Clayton ...................................................
Cobb .......................................................
Coweta ...................................................
DeKalb ...................................................
Douglas ..................................................
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22.0
37,155.1
23.6
75.1
109.1
5,371.3
9,044.5
179.3
21.3
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PM2.5
NOX
1.2
162,286.8
5.1
3.5
0.0
28,921.6
41,546.3
3.8
12.2
56.7
2,327.0
44.6
3.8
0.7
222.6
283.6
4.9
0.5
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SO2
195.7
552.7
573.4
452.4
632.3
2,284.4
467.5
2,244.1
285.3
01MRR1
318.0
1,002.7
1,002.6
488.7
768.3
2,728.5
647.2
2,739.0
334.5
PM2.5
743.5
1,574.2
1,678.6
2,138.3
768.6
2,905.0
1,653.8
2,534.4
824.8
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
12489
TABLE 1—2002 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA—Continued
[Tons per year]
Point sources
Area sources
County
SO2
NOX
Fayette ...................................................
Forsyth ...................................................
Fulton .....................................................
Gwinnett .................................................
Hall .........................................................
Heard .....................................................
Henry ......................................................
Newton ...................................................
Paulding .................................................
Putnam ...................................................
Rockdale ................................................
Spalding .................................................
Walton ....................................................
0.0
45.5
1,993.9
32.5
107.6
20,492.7
2,352.1
1.2
0.0
4,588.2
30.5
1.8
4.0
PM2.5
0.0
8.2
1,973.8
0.0
579.0
73,551.3
0.1
0.0
0.0
12,138.8
0.6
0.3
0.0
0.0
1.0
597.2
0.0
1.6
523.7
0.4
6.3
0.0
158.0
0.1
2.4
0.2
NOX
SO2
387.7
430.5
3,495.8
2,340.1
1,142.4
87.8
353.3
377.7
197.0
31.24
447.9
368.7
245.6
543.6
578.2
3,797.6
3,083.1
2,175.9
64.2
380.1
553.1
151.2
38.0
738.9
595.9
272.8
PM2.5
1,180.2
1,681.8
2,717.9
3,153.5
2,539.6
496.1
1,777.4
1,337.0
1,426.5
110.4
1,133.2
1,006.9
1,108.7
TABLE 2—2002 NON-ROAD AND MOBILE SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA
[Tons per year]
Non-road sources
Mobile sources
County
SO2
NOX
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Barrow ....................................................
Bartow ....................................................
Carroll .....................................................
Cherokee ................................................
Clayton ...................................................
Cobb .......................................................
Coweta ...................................................
DeKalb ...................................................
Douglas ..................................................
Fayette ...................................................
Forsyth ...................................................
Fulton .....................................................
Gwinnett .................................................
Hall .........................................................
Heard (partial) ........................................
Henry ......................................................
Newton ...................................................
Paulding .................................................
Putnam (partial) .....................................
Rockdale ................................................
Spalding .................................................
Walton ....................................................
504.1
1,404.8
857.0
1,238.1
6,874.5
4,415.6
1,168.5
3,452.0
667.5
774.3
1,077.6
7,160.4
5,283.3
1,359.9
80.6
1,655.7
695.7
945.7
29.5
570.0
316.1
589.9
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
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PM2.5
42.1
105.9
77.4
135.9
596.7
384.2
96.1
310.6
60.2
72.2
107.6
676.1
509.0
112.3
8.8
161.3
67.9
84.5
2.6
47.7
25.0
60.6
31.5
77.8
63.6
133.6
1,526.8
384.2
75.7
325.4
47.2
62.3
111.6
573.1
525.5
114.5
14.8
125.2
56.6
61.4
2.8
41.3
24.9
53.2
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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NOX
SO2
1,916.7
5,325.6
3,895.3
4,399.0
6,226.5
14,544.5
3,798.2
17,140.6
3,697.7
2,231.9
3,463.4
27,066.9
15,184.7
5,170.9
459.1
5,784.5
2,765.4
2,034.3
171.6
2,078.9
2,103.9
2,294.7
69.3
180.8
135.9
176.6
254.5
600.7
145.9
693.4
148.4
94.0
143.9
1,087.0
613.8
183.7
19.0
219.9
95.2
84.4
7.1
86.3
74.5
84.1
PM2.5
34.8
85.5
65.7
79.6
99.5
231.4
67.9
267.5
60.3
40.9
70.6
422.7
250.6
86.3
8.7
100.9
47.0
41.4
5.0
34.5
35.4
42.6
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 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
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations
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 July 6, 2010. 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 30, 2012
without further notice unless the
Agency receives adverse comments by
April 2, 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 April 30, 2012
and no further action will be taken on
the proposed rule.
IV. Statutory and Executive Order
Reviews
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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);
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• 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
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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 30, 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: February 10, 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 L—Georgia
2. Section 52.570(e) is amended by
adding a new entry 31 to read as
follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
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12491
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
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*
*
*
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31. Atlanta 1997 Fine Particu- Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta,
late Matter 2002 Base Year
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall,
Emissions Inventory.
Henry, Newton, Paulding, Rockdale, Spalding and Walton
Counties in their entireties and portions of Heard and Putnam Counties.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0020; FRL–9634–3]
Revisions to the California State
Implementation Plan, Antelope Valley
Air Quality Management District and
San Joaquin Valley Unified Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Antelope Valley Air Quality
Management District (AVAQMD) and
San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern negative declarations
for volatile organic compound (VOC)
and oxides of sulfur source categories
for the AVAQMD and SJVUAPCD. We
are approving these negative
declarations under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on April 30,
2012 without further notice, unless EPA
receives adverse comments by April 2,
2012. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
SUMMARY:
Submit comments,
identified by docket number EPA–R09–
OAR–2012–0020, by one of the
following methods:
1. Federal eRulemaking Portal:
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 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
www.regulations.gov or email.
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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
ADDRESSES:
[FR Doc. 2012–4988 Filed 2–29–12; 8:45 am]
State submittal
date/Effective
date
EPA approval date
*
07/06/2010
*
3/1/2012. [Insert citation of
publication].
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), 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.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What negative declarations did the State
submit?
B. Are there other versions of these
negative declarations?
C. What is the purpose of the submitted
negative declarations?
II. EPA’s Evaluation and Action.
A. How is EPA evaluating the negative
declarations?
B. Do the negative declarations meet the
evaluation criteria?
C. Public Comment and Final Action
III. Administrative Requirements
I. The State’s Submittal
A. What negative declarations did the
State submit?
Table 1 lists the negative declarations
we are approving with the dates that
they were adopted by the AVAQMD and
SJVUAPCD and submitted by the
California Air Resources Board (CARB).
TABLE 1—NEGATIVE DECLARATIONS
tkelley on DSK3SPTVN1PROD with RULES
Local agency
Title
AVAQMD ....................
SJVUAPCD ................
SJVUAPCD ................
SJVUAPCD ................
Petroleum Coke Calcining Operations—Oxides of Sulfur ......................................................
Synthesized Pharmaceutical Products Manufacturing ...........................................................
Coating Operations at Shipbuilding/Ship Repair Facilities .....................................................
Manufacture of Pneumatic Rubber Tire .................................................................................
VerDate Mar<15>2010
16:41 Feb 29, 2012
Jkt 226001
PO 00000
Frm 00055
Fmt 4700
Adopted
Sfmt 4700
E:\FR\FM\01MRR1.SGM
01MRR1
01/18/11
04/16/09
04/16/09
12/16/10
Submitted
06/20/11
06/18/09
06/18/09
06/20/11
]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12487-12491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4988]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0050-201207(a); FRL-9639-4]
Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; 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 July 6, 2010. The emissions
inventory is part of the Atlanta, Georgia (hereafter referred to as
``the Atlanta 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 April 30, 2012 without
further notice, unless EPA receives adverse comment by April 2, 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-2012-0050, 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-2012-0050,'' 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-
2012-0050. 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
[[Page 12488]]
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'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 Atlanta Area (which is comprised of Barrow, Bartow,
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale,
Spalding and Walton Counties in their entireties and portions of Heard
and Putnam Counties) 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 July 6, 2010, 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 Atlanta
Area. Subsequently, on December 8, 2011 (76 FR 76620), EPA determined
that the Atlanta 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 December 29, 2011, Georgia withdrew the Atlanta Area's
attainment demonstration (except the emissions inventory) 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 Georgia on July 6, 2010, 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 Atlanta
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 Point and Area Sources Annual Emissions for the Atlanta Area
[Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point sources Area sources
County -----------------------------------------------------------------------------------------------
NOX SO2 PM2.5 NOX SO2 PM2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Barrow.................................................. 22.0 1.2 56.7 195.7 318.0 743.5
Bartow.................................................. 37,155.1 162,286.8 2,327.0 552.7 1,002.7 1,574.2
Carroll................................................. 23.6 5.1 44.6 573.4 1,002.6 1,678.6
Cherokee................................................ 75.1 3.5 3.8 452.4 488.7 2,138.3
Clayton................................................. 109.1 0.0 0.7 632.3 768.3 768.6
Cobb.................................................... 5,371.3 28,921.6 222.6 2,284.4 2,728.5 2,905.0
Coweta.................................................. 9,044.5 41,546.3 283.6 467.5 647.2 1,653.8
DeKalb.................................................. 179.3 3.8 4.9 2,244.1 2,739.0 2,534.4
Douglas................................................. 21.3 12.2 0.5 285.3 334.5 824.8
[[Page 12489]]
Fayette................................................. 0.0 0.0 0.0 387.7 543.6 1,180.2
Forsyth................................................. 45.5 8.2 1.0 430.5 578.2 1,681.8
Fulton.................................................. 1,993.9 1,973.8 597.2 3,495.8 3,797.6 2,717.9
Gwinnett................................................ 32.5 0.0 0.0 2,340.1 3,083.1 3,153.5
Hall.................................................... 107.6 579.0 1.6 1,142.4 2,175.9 2,539.6
Heard................................................... 20,492.7 73,551.3 523.7 87.8 64.2 496.1
Henry................................................... 2,352.1 0.1 0.4 353.3 380.1 1,777.4
Newton.................................................. 1.2 0.0 6.3 377.7 553.1 1,337.0
Paulding................................................ 0.0 0.0 0.0 197.0 151.2 1,426.5
Putnam.................................................. 4,588.2 12,138.8 158.0 31.24 38.0 110.4
Rockdale................................................ 30.5 0.6 0.1 447.9 738.9 1,133.2
Spalding................................................ 1.8 0.3 2.4 368.7 595.9 1,006.9
Walton.................................................. 4.0 0.0 0.2 245.6 272.8 1,108.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--2002 Non-Road and Mobile Sources Annual Emissions for the Atlanta Area
[Tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-road sources Mobile sources
County -----------------------------------------------------------------------------------------------
NOX SO2 PM2.5 NOX SO2 PM2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Barrow.................................................. 504.1 42.1 31.5 1,916.7 69.3 34.8
Bartow.................................................. 1,404.8 105.9 77.8 5,325.6 180.8 85.5
Carroll................................................. 857.0 77.4 63.6 3,895.3 135.9 65.7
Cherokee................................................ 1,238.1 135.9 133.6 4,399.0 176.6 79.6
Clayton................................................. 6,874.5 596.7 1,526.8 6,226.5 254.5 99.5
Cobb.................................................... 4,415.6 384.2 384.2 14,544.5 600.7 231.4
Coweta.................................................. 1,168.5 96.1 75.7 3,798.2 145.9 67.9
DeKalb.................................................. 3,452.0 310.6 325.4 17,140.6 693.4 267.5
Douglas................................................. 667.5 60.2 47.2 3,697.7 148.4 60.3
Fayette................................................. 774.3 72.2 62.3 2,231.9 94.0 40.9
Forsyth................................................. 1,077.6 107.6 111.6 3,463.4 143.9 70.6
Fulton.................................................. 7,160.4 676.1 573.1 27,066.9 1,087.0 422.7
Gwinnett................................................ 5,283.3 509.0 525.5 15,184.7 613.8 250.6
Hall.................................................... 1,359.9 112.3 114.5 5,170.9 183.7 86.3
Heard (partial)......................................... 80.6 8.8 14.8 459.1 19.0 8.7
Henry................................................... 1,655.7 161.3 125.2 5,784.5 219.9 100.9
Newton.................................................. 695.7 67.9 56.6 2,765.4 95.2 47.0
Paulding................................................ 945.7 84.5 61.4 2,034.3 84.4 41.4
Putnam (partial)........................................ 29.5 2.6 2.8 171.6 7.1 5.0
Rockdale................................................ 570.0 47.7 41.3 2,078.9 86.3 34.5
Spalding................................................ 316.1 25.0 24.9 2,103.9 74.5 35.4
Walton.................................................. 589.9 60.6 53.2 2,294.7 84.1 42.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 that 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
[[Page 12490]]
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 July 6, 2010.
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 30, 2012 without
further notice unless the Agency receives adverse comments by April 2,
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 April 30, 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 30, 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: February 10, 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 L--Georgia
0
2. Section 52.570(e) is amended by adding a new entry 31 to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 12491]]
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP provision Applicable geographic or date/Effective EPA approval date
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
31. Atlanta 1997 Fine Particulate Barrow, Bartow, Carroll, 07/06/2010 3/1/2012. [Insert
Matter 2002 Base Year Emissions Cherokee, Clayton, Cobb, citation of
Inventory. Coweta, DeKalb, Douglas, publication].
Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale,
Spalding and Walton Counties
in their entireties and
portions of Heard and Putnam
Counties.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-4988 Filed 2-29-12; 8:45 am]
BILLING CODE 6560-50-P
