Approval and Promulgation of Implementation Plans; Georgia; Macon; Fine Particulate Matter 2002 Base Year Emissions Inventory, 12724-12727 [2012-4996]

Download as PDF 12724 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 20 CFR 655.103(b) 2 and the justification for returning to the FLS as the basis for the AEWR continue to apply and are not materially affected by this procedural change. Signed in Washington, DC, this 28th day of February, 2012. Jane Oates, Assistant Secretary, Employment and Training Administration. [FR Doc. 2012–5201 Filed 2–29–12; 4:15 pm] BILLING CODE 4510–FP–P POSTAL SERVICETM 39 CFR Part 20 International Postal Service—Global Expedited Package Services (GEPS) Contracts Postal ServiceTM. ACTION: Final rule. AGENCY: The Postal Service will revise Mailing Standards of the United States Postal Service, International Mail Manual (IMM®) to incorporate a change concerning the requirements that a mailer must meet in order to qualify for a Global Expedited Package Services (GEPS) contract. DATES: Effective date: April 1, 2012. FOR FURTHER INFORMATION CONTACT: Margaret M. Falwell, 202–268–2576. SUPPLEMENTARY INFORMATION: The United States Postal Service® gives notice that, on January 30, 2012, the Postal Service filed with the Postal Regulatory Commission a notice of a minor classification change for the international competitive product Global Expedited Package Services (GEPS) Contracts. The minor classification change concerns the requirements that a mailer must meet in order to qualify for a GEPS contract. This change is designed for consistency with published commercial plus pricing discounts for Express Mail International and Priority Mail International. The Commission concurred with the notice in its Order No. 1225, issued on February 10, 2012. Documents are available at www.prc.gov, Docket No. MC2012–8. rmajette on DSK2TPTVN1PROD with PROPOSALS SUMMARY: List of Subjects in 39 CFR Part 20 Foreign relations, International postal services. 2 Although the definition of AEWR refers to ‘‘quarterly surveys,’’ we do not believe that it is necessary to replace that reference with ‘‘semiannual surveys,’’ as the NASS will continue to collect wage data from all four quarters and the annual weighted average hourly wage for field and livestock workers (combined) in the States or regions would continue to be based upon that quarterly wage data. VerDate Mar<15>2010 15:16 Mar 01, 2012 Jkt 226001 Accordingly, 39 CFR Part 20 is amended as follows: Air Quality Standards (NAAQS). This action is being taken pursuant to section 110 of the Clean Air Act (CAA or Act). PART 20—[AMENDED] DATES: This direct final rule is effective May 1, 2012 without further notice, ■ 1. The authority citation for 39 CFR unless EPA receives adverse comment part 20 continues to read as follows: by April 2, 2012. If EPA receives such Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– comments, it will publish a timely 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, withdrawal of the direct final rule in the 401, 403, 404, 407, 414, 416, 3001–3011, Federal Register and inform the public 3201–3219, 3403–3406, 3621, 3622, 3626, that the rule will not take effect. 3632, 3633, and 5001. ADDRESSES: Submit your comments, ■ 2. Revise the following sections of identified by Docket ID No. EPA–R04– Mailing Standards of the United States OAR–2011–0850, by one of the Postal Service, International Mail following methods: Manual (IMM), as follows: 1. www.regulations.gov: Follow the * * * * * on-line instructions for submitting comments. 2 Conditions for Mailing 2. Email: benjamin.lynorae@epa.gov. * * * * * 3. Fax: (404) 562–9019. 297 Customized Agreements 4. Mail: ‘‘EPA–R04–OAR–2011– 0850,’’ Regulatory Development Section, * * * * * Air Planning Branch, Air, Pesticides and 297.2 Qualifying Mailers Toxics Management Division, U.S. Environmental Protection Agency, [Revise IMM 297.2 as follows:] Region 4, 61 Forsyth Street SW., To qualify for a GEPS contract, a Atlanta, Georgia 30303–8960. mailer must be capable, on an 5. Hand Delivery or Courier: Lynorae annualized basis, of paying at least Benjamin, Regulatory Development $200,000 in international postage to the Section, Air Planning Branch, Air, Postal Service. Pesticides and Toxics Management * * * * * Division, U.S. Environmental Protection We will publish an amendment to 39 Agency, Region 4, 61 Forsyth Street CFR part 20 to reflect these changes. SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Stanley F. Mires, Regional Office’s normal hours of Attorney, Legal Policy & Legislative Advice. operation. The Regional Office’s official [FR Doc. 2012–5049 Filed 3–1–12; 8:45 am] hours of business are Monday through BILLING CODE 7710–12–P Friday, 8:30 to 4:30, excluding federal holidays. Instructions: Direct your comments to ENVIRONMENTAL PROTECTION Docket ID No. EPA–R04–OAR–2011– AGENCY 0850. EPA’s policy is that all comments received will be included in the public 40 CFR Part 52 docket without change and may be made available online at www. [EPA–R04–OAR–2011–0850–201154(a); FRL–9639–8] regulations.gov, including any personal information provided, unless the Approval and Promulgation of comment includes information claimed Implementation Plans; Georgia; to be Confidential Business Information Macon; Fine Particulate Matter 2002 (CBI) or other information whose Base Year Emissions Inventory disclosure is restricted by statute. Do not submit through www.regulations.gov AGENCY: Environmental Protection or email, information that you consider Agency (EPA). to be CBI or otherwise protected. The ACTION: Direct final rule. www.regulations.gov Web site is an ‘‘anonymous access’’ system, which SUMMARY: EPA is taking direct final means EPA will not know your identity action to approve the fine particulate matter (PM2.5) 2002 base year emissions or contact information unless you provide it in the body of your comment. inventory, portion of the State If you send an email comment directly Implementation Plan (SIP) revision to EPA without going through www. submitted by the State of Georgia on regulations.gov, your email address will August 17, 2009. The emissions be automatically captured and included inventory is part of the Macon, Georgia as part of the comment that is placed in (hereafter referred to as ‘‘the Macon the public docket and made available on Area’’ or ‘‘Area’’), PM2.5 attainment the Internet. If you submit an electronic demonstration that was submitted for the 1997 annual PM2.5 National Ambient comment, EPA recommends that you PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1 12725 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 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: rmajette on DSK2TPTVN1PROD with PROPOSALS 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 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 VerDate Mar<15>2010 15:16 Mar 01, 2012 Jkt 226001 calendar years 2001–2003. These designations became effective on April 5, 2005. The Macon Area (which is comprised of Bibb County in its entirety and a portion of Monroe County) 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 I, 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 August 17, 2009, Georgia submitted an attainment demonstration and associated reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, a 2002 base year emissions inventory and other planning SIP revisions related to attainment of the 1997 annual PM2.5 NAAQS in the Macon Area. Subsequently, on June 2, 2011 (76 FR 13858), EPA determined that the Macon Area attained the 1997 annual average PM2.5 NAAQS. The determination of attainment was based upon complete, quality-assured and certified ambient air monitoring data for the 2007–2009 period, showing that the Area had monitored attainment of the 1997 annual PM2.5 NAAQS. The requirements for the Area to submit an attainment demonstration and associated RACM, RFP plan, contingency measures, and other planning SIP revisions related to attainment of the standard were suspended as a result of the determination of attainment, so long as the Area continues to attain the 1997 annual PM2.5 NAAQS. See 40 CFR 51.1004(c). On June 29, 2011, Georgia withdrew 1 the Macon 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 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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 August 17, 2009, as required by section 172(c)(3). II. Analysis of State’s Submittal As discussed above, section 172(c)(3) of the CAA requires areas to submit a comprehensive, accurate and current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area. Georgia selected 2002 as base year for the emissions inventory per 40 CFR 51.1008(b). Emissions contained in the Macon 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 table below provides a summary of the annual 2002 emissions of nitrogen oxides (NOX), sulfur dioxide (SO2) and PM2.5. TABLE 1—2002 ANNUAL EMISSIONS FOR THE MACON AREA (TONS) County NOX SO2 PM2.5 Point Sources Bibb ............. Monore 2 ..... 3,608.6 206.4 4,816.1 647.0 298.0 2.0 Non-Road Sources Bibb ............. Monore 2 ..... 1,325.3 3.4 105.0 0.3 89.3 0.2 Area Sources Bibb ............. Monore 2 ..... 740.6 0.9 1,201.1 0.5 897.9 5.1 Mobile Sources Bibb ............. Monore 2 ..... 2 Emissions 5,466.0 24.0 220.6 0.9 80.4 0.4 are for the partial county. The 172(c)(3) emissions inventory is developed by the incorporation of data from multiple 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 E:\FR\FM\02MRR1.SGM 02MRR1 12726 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 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 section 172(c)(3) and the implementing regulations. EPA has reviewed Georgia’s emissions inventory and finds that it is adequate for the purposes of meeting section 172(c)(3) emissions inventory requirement. The emissions inventory is approvable because the emissions were developed consistent with the CAA, implementing regulations and EPA guidance for emission inventories. rmajette on DSK2TPTVN1PROD with PROPOSALS III. Final Action EPA is approving the 2002 base year emissions inventory portion of the SIP revision submitted by the State of Georgia on August 17, 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 May 1, 2012 without further notice unless the Agency receives adverse comments by April 2, 2012. VerDate Mar<15>2010 15:16 Mar 01, 2012 Jkt 226001 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 May 1, 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 • 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 May 1, 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, E:\FR\FM\02MRR1.SGM 02MRR1 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations Reporting and recordkeeping requirements and Sulfur oxides. PART 52—[AMENDED] Dated: February 16, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4. ■ 12727 Subpart L—Georgia 2. Section 52.570(e) is amended by adding a new entry 32 to read as follows: ■ 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. § 52.570 40 CFR part 52 is amended as follows: * Identification of plan. * * (e) * * * * * EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date * * 32. Macon 1997 Fine Particulate Matter 2002 Base Year Emissions Inventory. * * Bibb County and Monroe County ........... * 8/17/2009 [FR Doc. 2012–4996 Filed 3–1–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2011–0138; FRL–9336–5] Trifloxystrobin; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes a tolerance for residues of trifloxystrobin in or on coffee, green bean. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective March 2, 2012. Objections and requests for hearings must be received on or before May 1, 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). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2011–0138. 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 rmajette on DSK2TPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:16 Mar 01, 2012 Jkt 226001 available in hard copy, at the 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. FOR FURTHER INFORMATION CONTACT: Rosemary Kearns, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 305–5611; email address: kearns.rosemary@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 those engaged in the following activities: • 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 to provide 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 EPA approval date * * 3/02/12 [Insert citation of publication] 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 EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/ text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2011–0138 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before May 1, 2012. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit a copy of your non-CBI objection or hearing request, identified by docket ID number EPA–HQ–OPP–2011–0138, by one of the following methods: E:\FR\FM\02MRR1.SGM 02MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12724-12727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4996]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0850-201154(a); FRL-9639-8]

Approval and Promulgation of Implementation Plans; Georgia;
Macon; 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 August 17, 2009. The emissions
inventory is part of the Macon, Georgia (hereafter referred to as ``the
Macon 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 or Act).

DATES: This direct final rule is effective May 1, 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-2011-0850, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2011-0850,'' 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-
2011-0850. 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

[[Page 12725]]

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'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 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 Macon Area (which
is comprised of Bibb County in its entirety and a portion of Monroe
County) 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 I, 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 August 17, 2009, Georgia submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP revisions related
to attainment of the 1997 annual PM2.5 NAAQS in the Macon
Area. Subsequently, on June 2, 2011 (76 FR 13858), EPA determined that
the Macon Area attained the 1997 annual average PM2.5 NAAQS.
The determination of attainment was based upon complete, quality-
assured and certified ambient air monitoring data for the 2007-2009
period, showing that the Area had monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
On June 29, 2011, Georgia withdrew \1\ the Macon 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 August 17, 2009, as required by section
172(c)(3).
---------------------------------------------------------------------------

\1\ Per phone conversation between Lynorae Benjamin (EPA Region
4) and Jimmy Johnson (Georgia Department of Natural Resources) on
October 17, 2011 the withdrawal notice did not include the emissions
inventory portion of the submittal.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive, accurate and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Georgia selected 2002 as base year for the emissions
inventory per 40 CFR 51.1008(b). Emissions contained in the Macon
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 table below provides a summary of the annual 2002 emissions of
nitrogen oxides (NOX), sulfur dioxide (SO2) and
PM2.5.

Table 1--2002 Annual Emissions for the Macon Area (tons)
------------------------------------------------------------------------
County NOX SO2 PM2.5
------------------------------------------------------------------------
Point Sources
-----------------------------
Bibb...................................... 3,608.6 4,816.1 298.0
Monore \2\................................ 206.4 647.0 2.0
-----------------------------
Non-Road Sources
-----------------------------
Bibb...................................... 1,325.3 105.0 89.3
Monore \2\................................ 3.4 0.3 0.2
-----------------------------
Area Sources
-----------------------------
Bibb...................................... 740.6 1,201.1 897.9
Monore \2\................................ 0.9 0.5 5.1
-----------------------------
Mobile Sources
-----------------------------
Bibb...................................... 5,466.0 220.6 80.4
Monore \2\................................ 24.0 0.9 0.4
------------------------------------------------------------------------
\2\ Emissions are for the partial county.

The 172(c)(3) emissions inventory is developed by the incorporation
of data from multiple 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

[[Page 12726]]

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 section
172(c)(3) and the implementing regulations.
EPA has reviewed Georgia's emissions inventory and finds that it is
adequate for the purposes of meeting section 172(c)(3) emissions
inventory requirement. The emissions inventory is approvable because
the emissions were developed consistent with the CAA, implementing
regulations and EPA guidance for emission inventories.

III. Final Action

EPA is approving the 2002 base year emissions inventory portion of
the SIP revision submitted by the State of Georgia on August 17, 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 May 1, 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 May 1, 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 May 1, 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,

[[Page 12727]]

Reporting and recordkeeping requirements and Sulfur oxides.

Dated: February 16, 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 32 to read as
follows:

Sec. 52.570 Identification of plan.

* * * * *
(e) * * *

EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP provision Applicable geographic or submittal date/ EPA approval date
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
32. Macon 1997 Fine Particulate Matter Bibb County and Monroe 8/17/2009 3/02/12
2002 Base Year Emissions Inventory. County. [Insert citation of
publication]
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-4996 Filed 3-1-12; 8:45 am]
BILLING CODE 6560-50-P

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