Approval and Promulgation of Implementation Plans; Georgia; Atlanta; Ozone 2002 Base Year Emissions Inventory, 24399-24403 [2012-9707]
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The
administrative action also does not
involve special consideration of
environmental justice related issues as
required by Executive Order 12898 (59
FR 7629, February 16, 1994). This
administrative action does not impose
an information collection burden under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act (CRA)
(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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. Today’s administrative action
simply codifies a provision which is
already in effect as a matter of law in
Federal and approved state programs. 5
U.S.C. 808(2). These announced actions
were effective upon EPA’s concurrence.
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 this action in the Federal
Register. This update to Georgia’s SIP
Compilation is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 29, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52, is amended as
follows:
PART 52—[AMENDED]
1. The authority for 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
revising the first entry ‘‘1. High
Occupancy Vehicle (HOV) lane on I–85
from Chamblee-Tucker Road to State
Road 316’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal date/effective date
1. High Occupancy Vehicle (HOV)
lane on I–85 from ChambleeTucker Road to State Road
316. High Occupancy Toll
(HOT) lane on I–85 from
Chamblee-Tucker Road to State
Road 316.
Atlanta Metropolitan Area .............
11/15/93 and amended on 6/17/96
and 2/5/10.
*
*
*
[FR Doc. 2012–9814 Filed 4–23–12; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0021(a); FRL–9662–
1]
Approval and Promulgation of
Implementation Plans; Georgia;
Atlanta; Ozone 2002 Base Year
Emissions Inventory
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EPA is taking direct final
action to approve the ozone 2002 base
year emissions inventory, portion of the
state implementation plan (SIP) revision
submitted by the State of Georgia on
October 21, 2009. The emissions
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inventory is part of the Atlanta, Georgia
(hereafter referred to as ‘‘the Atlanta
Area’’ or ‘‘Area’’), ozone attainment
demonstration that was submitted for
the 1997 8-hour ozone national ambient
air quality standards (NAAQS). The
Atlanta Area 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.
This action is being taken pursuant to
section 110 of the Clean Air Act (CAA
or Act).
This direct final rule is effective
June 25, 2012 without further notice,
unless EPA receives adverse comment
by May 24, 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.
Submit your comments,
identified by Docket ID No. EPA–R04–
ADDRESSES:
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3/18/99, 4/26/99 and 11/5/09.
*
DATES:
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY:
*
EPA approval date
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*
*
OAR–2010–0021, 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–2010–
0021,’’ 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
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Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0021. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
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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: Sara
Waterson, 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) 562–9061.
Ms. Waterson can be reached via
electronic mail at
waterson.sara@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, EPA promulgated a
revised 8-hour ozone NAAQS of 0.08
parts per million (ppm). Under EPA’s
regulations at 40 CFR part 50, the 1997
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone concentration
is less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is
considered) (69 FR 23857, April 30,
2004).1 Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement. The
ambient air quality monitoring data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
90 percent, and no single year has less
than 75 percent data completeness as
determined in 40 CFR part 50,
appendix I.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS, based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Atlanta Area
was designated nonattainment for the
1997 8-hour ozone NAAQS on April 30,
2004 (effective June 15, 2004) using
2001–2003 ambient air quality data
(69 FR 23857, April 30, 2004). At the
time of designation the Atlanta Area
was classified as a marginal
nonattainment area for the 1997 8-hour
ozone NAAQS. In the April 30, 2004,
Phase I Ozone Implementation Rule,
EPA established ozone nonattainment
1 EPA issued a revised 8-hour ozone NAAQS in
2008. The current proposed action, however, is
being taken with regard to the 1997 8-hour ozone
NAAQS. Requirements for the Atlanta Area for the
2010 8-hour ozone NAAQS will be addressed in the
future.
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area attainment dates based on Table 1
of Section 181(a) of the CAA. This
established an attainment date 3 years
after the June 15, 2004, effective date for
areas classified as marginal areas for the
1997 8-hour ozone nonattainment
designations. Therefore, the Atlanta
Area’s original attainment date was June
15, 2007. See 69 FR 23951, April 30,
2004.
The Atlanta Area failed to attain the
1997 8-hour ozone NAAQS by June 15,
2007 (the applicable attainment date for
marginal nonattainment areas), and did
not qualify for any extension of the
attainment date as a marginal area. As
a consequence of this failure, on March
6, 2008, EPA published a rulemaking
determining that the Atlanta Area failed
to attain and, consistent with section
181(b)(2) of the CAA, the Atlanta Area
was reclassified by operation of law to
the next highest classification, or
‘‘moderate’’ nonattainment. See 73 FR
12013, March 6, 2008. When an area is
reclassified, a new attainment date for
the reclassified area must be
established. Section 181 of the CAA
explains that the attainment date for
moderate nonattainment areas shall be
as expeditiously as practicable, but no
later than six years after designation, or
June 15, 2010. EPA further required that
Georgia submit the SIP revisions
meeting the new moderate area
requirements as expeditiously as
practicable, but no later than December
31, 2008.
Under certain circumstances, the CAA
allows for extensions of the attainment
dates prescribed at the time of the
original nonattainment designation. In
accordance with CAA section 181(a)(5),
EPA may grant up to 2 one-year
extensions of the attainment date under
specified conditions. On November 30,
2010, EPA determined that Georgia met
the CAA requirements to obtain a oneyear extension of the attainment date for
the 1997 8-hour ozone NAAQS for the
Atlanta Area. See 75 FR 73969. As a
result, EPA extended the Atlanta Area’s
attainment date from June 15, 2010, to
June 15, 2011, for the 1997 8-hour ozone
NAAQS.
On October 21, 2009, Georgia
submitted an attainment demonstration
and associated reasonably available
control measures (RACM), reasonable
available control technology (RACT),
contingency measures, a 2002 base-year
emissions inventory and other planning
SIP revisions related to attainment of
the 1997 8-hour ozone NAAQS in the
Atlanta Area (hereafter referred to as
‘‘the Atlanta Area’s attainment
demonstration submission.’’) The
reasonable further progress (RFP) plan
was also submitted on October 21, 2009,
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under separate cover letter.
Subsequently, on June 23, 2011 (76 FR
36873), EPA determined that the Atlanta
Area attained the 1997
8-hour ozone NAAQS. The
determination of attaining data was
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2008–2010 period, showing
that the Area had monitored attainment
of the 1997 8-hour ozone 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 1997 8-hour ozone
NAAQS were suspended as a result of
the determination of attainment, so long
as the Area continues to attain the 1997
8-hour ozone NAAQS. See 40 CFR
52.582(d).
On February 16, 2012, Georgia
withdrew the Atlanta Area’s attainment
demonstration (except RACT and the
emissions inventory) as allowed by
40 CFR 51.918; however, such
withdrawal does not suspend the
emissions inventory requirement found
in CAA section 182(a)(1). Section
182(a)(1) 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 Atlanta Area’s attainment
demonstration SIP revision submitted
by the State of Georgia on October 21,
2009, as required by section 182(a)(1).
EPA will take action on the RACT
portion of Georgia’s October 21, 2009,
SIP revision, and on the RFP SIP
revision in a separate action.
II. Analysis of State’s Submittal
As discussed above, section 182(a)(1)
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 51.915. Emissions
contained in the Atlanta attainment
plan cover the general source categories
of stationary point and area sources,
non-road and on-road mobile sources,
and biogenic sources. A detailed
discussion of the emissions inventory
development can be found in Appendix
K of the Georgia submittal; a summary
is provided below. Table 3–4 in the
October 29, 2009, submittal lists electric
generating unit (EGU) point sources in
and near the Atlanta nonattainment area
and the average daily ozone season
nitrogen oxides (NOX) emissions. Table
3–5 in the October 29, 2009, submittal
lists non-EGU point sources in the
Atlanta nonattainment counties with
NOX emissions larger than 100 tons/
year.
The tables below provide a summary
of the annual 2002 emissions of NOX
and volatile organic compounds (VOC).
TABLE 1—2002 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA
[Tons per year]
Point
Area
On-road
Non-road
County
NOX
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Barrow ..............................................................................................
Bartow ..............................................................................................
Carroll ...............................................................................................
Cherokee ..........................................................................................
Clayton .............................................................................................
Cobb .................................................................................................
Coweta .............................................................................................
DeKalb .............................................................................................
Douglas ............................................................................................
Fayette .............................................................................................
Forsyth .............................................................................................
Fulton ...............................................................................................
Gwinnett ...........................................................................................
Hall ...................................................................................................
Henry ................................................................................................
Newton .............................................................................................
Paulding ...........................................................................................
Rockdale ..........................................................................................
Spalding ...........................................................................................
Walton ..............................................................................................
The 182(a)(1) emissions inventory is
developed by the incorporation of data
from multiple sources. States were
required to develop and submit to EPA
a triennial emissions inventory
according to the Consolidated Emissions
Reporting Rule for all source categories
(i.e., point, area, non-road 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
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VOC
0.06
69.92
0.06
0.20
0.30
12.62
23.08
0.49
0.06
............
0.12
5.46
0.09
0.29
6.44
0.00
............
0.08
0.00
0.01
0.02
1.31
0.85
0.13
1.29
0.89
0.62
4.66
0.08
............
0.48
5.42
0.13
0.69
1.34
2.01
............
0.44
0.18
0.32
NOX
0.45
1.30
1.30
0.72
1.08
4.12
0.89
4.06
0.48
0.77
0.84
6.59
4.55
2.79
0.60
0.79
0.26
1.00
0.79
0.47
was submitted in the State’s attainment
demonstration 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.
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VOC
NOX
VOC
NOX
VOC
3.74
8.05
9.54
6.30
9.53
28.18
3.94
44.67
3.93
4.69
4.82
49.47
32.02
13.69
5.26
5.21
3.51
4.28
5.95
4.92
5.69
15.76
10.91
10.25
19.96
50.66
7.86
63.33
9.70
5.20
8.41
91.42
49.26
15.12
13.40
6.72
4.76
5.70
5.25
5.72
4.30
10.56
8.10
5.17
9.90
26.84
3.75
31.21
4.54
2.84
4.28
46.10
25.20
11.59
6.40
4.95
2.57
2.88
4.14
4.66
1.41
3.89
2.39
3.59
19.21
12.67
3.30
9.98
1.87
2.18
3.11
20.02
15.36
3.80
4.68
1.95
2.66
1.59
0.87
1.70
0.75
2.54
1.87
5.30
3.83
18.82
2.49
16.76
1.26
1.91
5.36
17.19
23.85
6.47
2.75
1.29
1.43
1.42
1.21
1.53
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
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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 182(a)(1) and the
implementing regulations.
EPA has reviewed Georgia’s emissions
inventory and finds that it is adequate
for the purposes of meeting section
182(a)(1) 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
Atlanta Area’s attainment
demonstration SIP revision, submitted
by the State of Georgia on October 21,
2009, for the 1997 8-hour ozone
NAAQS. This action is being taken
pursuant to section 110 of the CAA. On
March 12, 2008, EPA issued a revised
ozone NAAQS. See 73 FR 16436. The
current action, however, is being taken
to address requirements under the 1997
8-hour ozone NAAQS. Requirements for
the Atlanta Area under the 2008 ozone
NAAQS will be addressed in the future.
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 June 25, 2012
without further notice unless the
Agency receives adverse comments by
May 24, 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 June 25, 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.
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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
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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 June 25, 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: April 4, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e), is amended by
adding a new entry for ‘‘Atlanta; 1997
8-Hour Ozone 2002 Base-Year
Emissions Inventory’’ to read as follows:
■
E:\FR\FM\24APR1.SGM
24APR1
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
§ 52.
570 Identification of plan.
*
*
*
*
24403
(e) * * *
*
EPA–APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
*
*
33. Atlanta 1997 8-Hour Ozone
2002 Base-Year Emissions Inventory.
*
*
*
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.
[FR Doc. 2012–9707 Filed 4–23–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2012–0087; FRL–9663–4]
Direct Final Approval of Hospital/
Medical/Infectious Waste Incinerators
State Plan for Designated Facilities
and Pollutants: Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving Illinois’
revised State Plan to control air
pollutants from ‘‘Hazardous/Medical/
Infectious Waste Incinerators’’ (HMIWI).
The Illinois Environmental Protection
Agency (IEPA) submitted the revised
State Plan on November 8, 2011 and
supplemented it on December 28, 2011.
The revised State Plan is consistent with
revised Emission Guidelines (EGs)
promulgated by EPA on October 6,
2009. This approval means that EPA
finds that the revised State Plan meets
applicable Clean Air Act (Act)
requirements for subject HMIWI units.
Once effective, this approval also makes
the revised State Plan Federally
enforceable.
DATES: This direct final rule will be
effective June 25, 2012, unless EPA
receives adverse comments by May 24,
2012. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0087, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: nash.carlton@epa.gov.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:38 Apr 23, 2012
Jkt 226001
3. Fax: (312)886–6030.
4. Mail: Carlton T. Nash, Chief, Toxics
and Global Atmosphere Section, Air
Toxics and Assessment Branch (AT–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash,
Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment
Branch (AT–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0087. 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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
State submittal
date/effective
date
EPA approval date
*
10/21/2009
*
4/24/2012 [Insert citation of
publication].
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.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays. We recommend that you
telephone Margaret Sieffert,
Environmental Engineer, at (312) 353–
1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Environmental
Engineer, Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard (AT–18J), Chicago, Illinois
60604, (312) 353–1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. What does the state plan contain?
III. Does the state plan meet the EPA
requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On October 6, 2009, in accordance
with sections 111 and 129 of the Act,
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24399-24403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9707]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0021(a); FRL-9662-1]
Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; Ozone 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve the ozone 2002
base year emissions inventory, portion of the state implementation plan
(SIP) revision submitted by the State of Georgia on October 21, 2009.
The emissions inventory is part of the Atlanta, Georgia (hereafter
referred to as ``the Atlanta Area'' or ``Area''), ozone attainment
demonstration that was submitted for the 1997 8-hour ozone national
ambient air quality standards (NAAQS). The Atlanta Area 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.
This action is being taken pursuant to section 110 of the Clean Air Act
(CAA or Act).
DATES: This direct final rule is effective June 25, 2012 without
further notice, unless EPA receives adverse comment by May 24, 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-2010-0021, 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-2010-0021,'' 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
[[Page 24400]]
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0021. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Sara Waterson, 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)
562-9061. Ms. Waterson can be reached via electronic mail at
waterson.sara@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, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million (ppm). Under EPA's regulations at 40 CFR part
50, the 1997 8-hour ozone NAAQS is attained when the 3-year average of
the annual fourth highest daily maximum 8-hour average ambient air
quality ozone concentration is less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is considered) (69 FR 23857, April 30,
2004).\1\ Ambient air quality monitoring data for the 3-year period
must meet a data completeness requirement. The ambient air quality
monitoring data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90
percent, and no single year has less than 75 percent data completeness
as determined in 40 CFR part 50, appendix I.
---------------------------------------------------------------------------
\1\ EPA issued a revised 8-hour ozone NAAQS in 2008. The current
proposed action, however, is being taken with regard to the 1997 8-
hour ozone NAAQS. Requirements for the Atlanta Area for the 2010 8-
hour ozone NAAQS will be addressed in the future.
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004
(effective June 15, 2004) using 2001-2003 ambient air quality data (69
FR 23857, April 30, 2004). At the time of designation the Atlanta Area
was classified as a marginal nonattainment area for the 1997 8-hour
ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation Rule,
EPA established ozone nonattainment area attainment dates based on
Table 1 of Section 181(a) of the CAA. This established an attainment
date 3 years after the June 15, 2004, effective date for areas
classified as marginal areas for the 1997 8-hour ozone nonattainment
designations. Therefore, the Atlanta Area's original attainment date
was June 15, 2007. See 69 FR 23951, April 30, 2004.
The Atlanta Area failed to attain the 1997 8-hour ozone NAAQS by
June 15, 2007 (the applicable attainment date for marginal
nonattainment areas), and did not qualify for any extension of the
attainment date as a marginal area. As a consequence of this failure,
on March 6, 2008, EPA published a rulemaking determining that the
Atlanta Area failed to attain and, consistent with section 181(b)(2) of
the CAA, the Atlanta Area was reclassified by operation of law to the
next highest classification, or ``moderate'' nonattainment. See 73 FR
12013, March 6, 2008. When an area is reclassified, a new attainment
date for the reclassified area must be established. Section 181 of the
CAA explains that the attainment date for moderate nonattainment areas
shall be as expeditiously as practicable, but no later than six years
after designation, or June 15, 2010. EPA further required that Georgia
submit the SIP revisions meeting the new moderate area requirements as
expeditiously as practicable, but no later than December 31, 2008.
Under certain circumstances, the CAA allows for extensions of the
attainment dates prescribed at the time of the original nonattainment
designation. In accordance with CAA section 181(a)(5), EPA may grant up
to 2 one-year extensions of the attainment date under specified
conditions. On November 30, 2010, EPA determined that Georgia met the
CAA requirements to obtain a one-year extension of the attainment date
for the 1997 8-hour ozone NAAQS for the Atlanta Area. See 75 FR 73969.
As a result, EPA extended the Atlanta Area's attainment date from June
15, 2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS.
On October 21, 2009, Georgia submitted an attainment demonstration
and associated reasonably available control measures (RACM), reasonable
available control technology (RACT), contingency measures, a 2002 base-
year emissions inventory and other planning SIP revisions related to
attainment of the 1997 8-hour ozone NAAQS in the Atlanta Area
(hereafter referred to as ``the Atlanta Area's attainment demonstration
submission.'') The reasonable further progress (RFP) plan was also
submitted on October 21, 2009,
[[Page 24401]]
under separate cover letter. Subsequently, on June 23, 2011 (76 FR
36873), EPA determined that the Atlanta Area attained the 1997 8-hour
ozone NAAQS. The determination of attaining data was based upon
complete, quality-assured and certified ambient air monitoring data for
the 2008-2010 period, showing that the Area had monitored attainment of
the 1997 8-hour ozone 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
1997 8-hour ozone NAAQS were suspended as a result of the determination
of attainment, so long as the Area continues to attain the 1997 8-hour
ozone NAAQS. See 40 CFR 52.582(d).
On February 16, 2012, Georgia withdrew the Atlanta Area's
attainment demonstration (except RACT and the emissions inventory) as
allowed by 40 CFR 51.918; however, such withdrawal does not suspend the
emissions inventory requirement found in CAA section 182(a)(1). Section
182(a)(1) 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 Atlanta Area's
attainment demonstration SIP revision submitted by the State of Georgia
on October 21, 2009, as required by section 182(a)(1). EPA will take
action on the RACT portion of Georgia's October 21, 2009, SIP revision,
and on the RFP SIP revision in a separate action.
II. Analysis of State's Submittal
As discussed above, section 182(a)(1) 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 51.915. Emissions contained in the Atlanta
attainment plan cover the general source categories of stationary point
and area sources, non-road and on-road mobile sources, and biogenic
sources. A detailed discussion of the emissions inventory development
can be found in Appendix K of the Georgia submittal; a summary is
provided below. Table 3-4 in the October 29, 2009, submittal lists
electric generating unit (EGU) point sources in and near the Atlanta
nonattainment area and the average daily ozone season nitrogen oxides
(NOX) emissions. Table 3-5 in the October 29, 2009,
submittal lists non-EGU point sources in the Atlanta nonattainment
counties with NOX emissions larger than 100 tons/year.
The tables below provide a summary of the annual 2002 emissions of
NOX and volatile organic compounds (VOC).
Table 1--2002 Point and Area Sources Annual Emissions for the Atlanta Area
[Tons per year]
----------------------------------------------------------------------------------------------------------------
Point Area On-road Non-road
County -----------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
Barrow.................................. 0.06 0.02 0.45 3.74 5.69 4.30 1.41 0.75
Bartow.................................. 69.92 1.31 1.30 8.05 15.76 10.56 3.89 2.54
Carroll................................. 0.06 0.85 1.30 9.54 10.91 8.10 2.39 1.87
Cherokee................................ 0.20 0.13 0.72 6.30 10.25 5.17 3.59 5.30
Clayton................................. 0.30 1.29 1.08 9.53 19.96 9.90 19.21 3.83
Cobb.................................... 12.62 0.89 4.12 28.18 50.66 26.84 12.67 18.82
Coweta.................................. 23.08 0.62 0.89 3.94 7.86 3.75 3.30 2.49
DeKalb.................................. 0.49 4.66 4.06 44.67 63.33 31.21 9.98 16.76
Douglas................................. 0.06 0.08 0.48 3.93 9.70 4.54 1.87 1.26
Fayette................................. ....... ....... 0.77 4.69 5.20 2.84 2.18 1.91
Forsyth................................. 0.12 0.48 0.84 4.82 8.41 4.28 3.11 5.36
Fulton.................................. 5.46 5.42 6.59 49.47 91.42 46.10 20.02 17.19
Gwinnett................................ 0.09 0.13 4.55 32.02 49.26 25.20 15.36 23.85
Hall.................................... 0.29 0.69 2.79 13.69 15.12 11.59 3.80 6.47
Henry................................... 6.44 1.34 0.60 5.26 13.40 6.40 4.68 2.75
Newton.................................. 0.00 2.01 0.79 5.21 6.72 4.95 1.95 1.29
Paulding................................ ....... ....... 0.26 3.51 4.76 2.57 2.66 1.43
Rockdale................................ 0.08 0.44 1.00 4.28 5.70 2.88 1.59 1.42
Spalding................................ 0.00 0.18 0.79 5.95 5.25 4.14 0.87 1.21
Walton.................................. 0.01 0.32 0.47 4.92 5.72 4.66 1.70 1.53
----------------------------------------------------------------------------------------------------------------
The 182(a)(1) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, non-road 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 demonstration
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
[[Page 24402]]
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
182(a)(1) and the implementing regulations.
EPA has reviewed Georgia's emissions inventory and finds that it is
adequate for the purposes of meeting section 182(a)(1) 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 Atlanta Area's attainment demonstration SIP revision, submitted by
the State of Georgia on October 21, 2009, for the 1997 8-hour ozone
NAAQS. This action is being taken pursuant to section 110 of the CAA.
On March 12, 2008, EPA issued a revised ozone NAAQS. See 73 FR 16436.
The current action, however, is being taken to address requirements
under the 1997 8-hour ozone NAAQS. Requirements for the Atlanta Area
under the 2008 ozone NAAQS will be addressed in the future. 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 June 25, 2012 without
further notice unless the Agency receives adverse comments by May 24,
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 June 25, 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 June 25, 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 4, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(e), is amended by adding a new entry for ``Atlanta;
1997 8-Hour Ozone 2002 Base-Year Emissions Inventory'' to read as
follows:
[[Page 24403]]
Sec. 52. 570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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State submittal
Name of nonregulatory SIP provision Applicable geographic or date/effective EPA approval date
nonattainment area date
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* * * * * * *
33. Atlanta 1997 8-Hour Ozone 2002 Barrow, Bartow, Carroll, 10/21/2009 4/24/2012 [Insert
Base-Year Emissions Inventory. Cherokee, Clayton, Cobb, citation of
Coweta, DeKalb, Douglas, publication].
Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale,
Spalding and Walton Counties
in their entireties.
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[FR Doc. 2012-9707 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P
