Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia; Redesignation of the Macon, Georgia, 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment, 27193-27196 [2014-10842]
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Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations
Dated: October 19, 2012
James B. Martin,
Regional Administrator Region 8. Original
signature affirmed by:
Dated: April 22, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2012–0851; FRL–9910–64Region 4]
40 CFR part 52 is amended as follows:
PART 52 APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraph (c)(78) to read as
follows:
Identification of plan.
*
*
*
*
*
(c) * * *
(78) On April 17, 2008 the State of
Utah submitted revisions to the Utah
Administrative Code (UAC) R307–401–
14, Used Oil Fuel Burned for Energy
Recovery. On September 15, 2006 the
State of Utah submitted revisions to the
UAC R307–401–15, Air Strippers and
Soil Venting Projects, and R307–401–16,
De minimis Emissions From Soil
Aeration Projects.
(i) Incorporation by Reference
(A) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, Rule R307–401–14,
Used Oil Fuel Burned for Energy
Recovery. Effective February 8, 2008; as
published in the Utah State Bulletin on
December 1, 2007 and March 1, 2008.
(B) Title R307 of the Utah
Administrative Code, Environmental
Quality, Air Quality, R307–401–15, Air
Strippers and Soil Venting Projects, and
R307–401–16, De minimis Emissions
From Soil Aeration Projects. Effective
June 16, 2006; as published in the Utah
State Bulletin on December 1, 2005 and
July 15, 2006.
[FR Doc. 2014–10823 Filed 5–12–14; 8:45 am]
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Environmental Protection
Agency (EPA) is taking final action to
approve a request submitted on June 21,
2012, by the Georgia Department of
Natural Resources, through Georgia
Environmental Protection Division (GA
EPD), to redesignate the Macon, Georgia,
fine particulate matter (PM2.5)
nonattainment area (hereafter referred to
as the ‘‘Macon Area’’ or ‘‘Area’’) to
attainment for the 1997 Annual PM2.5
National Ambient Air Quality Standards
(NAAQS). The Macon Area is
comprised of Bibb County and a portion
of Monroe County in Georgia. EPA’s
approval of the redesignation request is
based on the determination that Georgia
has met the criteria for redesignation to
attainment set forth in the Clean Air Act
(CAA or Act). EPA is also approving a
revision to the Georgia State
Implementation Plan (SIP) to include
the 1997 Annual PM2.5 maintenance
plan for the Macon Area. Additionally,
EPA is approving into the Georgia SIP
the motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
PM2.5 for the year 2023 for the Macon
Area that are included as part of
Georgia’s maintenance plan for the 1997
Annual PM2.5 NAAQS. Furthermore,
EPA is approving a determination that
the Area is expected to maintain the
1997 Annual PM2.5 NAAQS through the
year 2024. EPA is also correcting an
inadvertent error in the proposed
rulemaking for this action.
DATES: This rule will be effective June
12, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0851. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
SUMMARY:
■
§ 52.2320
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Georgia; Redesignation of
the Macon, Georgia, 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment
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27193
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 through
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:
Joydeb Majumder, 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. Joydeb
Majumder may be reached by phone at
(404) 562–9121 or via electronic mail at
majumder.joydeb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the
actions?
On June 21, 2012,1 the Georgia
Department of Natural Resources,
through GA EPD, submitted a request to
EPA for redesignation of the Macon
Area to attainment for the 1997 Annual
PM2.5 NAAQS, and for approval of a
Georgia SIP revision containing a
maintenance plan for the Area.2 On
February 5, 2014, EPA proposed to
redesignate the Macon Area to
attainment for the 1997 Annual PM2.5
NAAQS, and to approve, as a revision
to the Georgia SIP, the State’s 1997
Annual PM2.5 NAAQS maintenance
plan and the MVEBs for direct PM2.5
and NOX for the Macon Area included
in that maintenance plan.3 See 79 FR
6842. EPA also proposed to determine
1 Although EPA received Georgia’s request to
redesignate the Macon Area to attainment for the
1997 Annual PM2.5 NAAQS on June 26, 2012, along
with the maintenance plan SIP submission, the
official submittal date for the redesignation request
and maintenance plan is the date of the cover letter,
June 21, 2012.
2 EPA designated the Macon Area as
nonattainment for the annual 1997 PM2.5 NAAQS
on January 5, 2005 (70 FR 944) as supplemented on
April 14, 2005 (70 FR 19844).
3 On March 2, 2012, EPA approved, under section
172(c)(3) of the CAA, Georgia’s 2002 base-year
emissions inventory for the Macon Area as part of
the SIP revision submitted by GA EPD to provide
for attainment of the 1997 PM2.5 NAAQS in the
Area. See 77 FR 12724.
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that the Macon Area is continuing to
attain the 1997 Annual PM2.5 NAAQS
and that attainment can be maintained
through 2024. EPA received no adverse
comments on the February 5, 2014,
proposed rulemaking and one comment
supporting the proposal.
As stated in EPA’s February 5, 2014,
proposal notice, the 3-year design value
of 13.4 micrograms per cubic meter
(mg/m3) for 2009–2011 meets the PM2.5
Annual NAAQS of 15.0 mg/m3. EPA has
reviewed the most recent ambient
monitoring data, which confirms that
the Macon Area continues to attain the
1997 Annual PM2.5 NAAQS beyond the
3-year attainment period of 2009–2011.
II. What are the actions EPA is taking?
In today’s rulemaking, EPA is
approving Georgia’s redesignation
request to change the legal designation
of Bibb County and a portion of Monroe
County in Georgia from nonattainment
to attainment for the 1997 Annual PM2.5
NAAQS, and as a revision to the Georgia
SIP, the State’s 1997 Annual PM2.5
NAAQS maintenance plan and the
MVEBs for direct PM2.5 and NOX for the
Macon Area included in that
maintenance plan. The maintenance
plan is designed to demonstrate that the
Macon Area will continue to attain the
1997 Annual PM2.5 NAAQS through
2023. EPA’s approval of the
redesignation request is based on EPA’s
determination that the Macon Area
meets the criteria for redesignation set
forth in CAA, including EPA’s
determination that the Macon Area has
attained and continues to attain the
1997 Annual PM2.5 NAAQS and that
attainment can be maintained through
2024. EPA’s analyses of Georgia’s
redesignation request and maintenance
plan are described in detail in the
February 5, 2014, proposed rule. See 79
FR 6842.
Today, EPA is also clarifying and
correcting an entry for Table 4 of EPA’s
February 5, 2014, proposed rule related
to onroad mobile emissions. In EPA’s
proposed rule, the 2020 PM2.5 onroad
mobile emissions are presented as 70
tons. This was a typographical error.
The 2020 PM2.5 onroad mobile
emissions should have been listed as
107 tons as presented in Table 3–14 of
Georgia’s June 21, 2012 submittal. Even
with this change, EPA believes that it is
appropriate to approve Georgia’s
redesignation request and maintenance
plan. EPA has determined that the
correction for Table 4 of EPA’s February
5, 2014 proposed rule falls under the
‘‘good cause’’ exemption in section
553(b)(3)(B) of the Administrative
Procedure Act which, upon finding
‘‘good cause,’’ authorizes agencies to
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dispense with public participation
where public notice and comment
procedures are impracticable,
unnecessary, or contrary to the public
interest. Public notice and comment for
this typographical correction is
unnecessary because EPA’s evaluation
leading to the February 5, 2014,
proposal considered the correct value
reported in Georgia’s submittal, and
therefore, the correction does not
change EPA’s determination that
Georgia has met the requirements for the
Macon Area to be redesignated to
attainment for the 1997 Annual PM2.5
NAAQS.
Subsequent to publication of the
proposed rule, GA EPD notified EPA
that the Georgia Board of Natural
Resources had modified Georgia Rule
391–3–1–.02(2)(mmm) entitled ‘‘NOX
Emissions from Stationary Gas Turbines
and Stationary Engines used to Generate
Electricity’’ to exempt certain engines at
data centers from the rule’s NOX limits
and had repealed Georgia Rule 391–3–
1–.02(2)(bbb) entitled ‘‘Gasoline
Marketing.’’ GA EPD adopted Georgia
Rule 391–3–1–.02(2)(mmm) as a
statewide ozone control measure, and
the recent amendment exempts
stationary engines at data centers from
the rule’s NOX emission limits provided
that the engines operate for less than
500 hours per year and only for routine
testing and maintenance (limited to May
through September between 10 p.m. and
4 a.m.), when electric power from a
utility is not available, or during
internal system failures. These data
centers are equipped with
uninterruptable power supplies (UPSs)
that supply electricity during a power
outage, and the exempted engines are
designed to provide power only when
the UPSs malfunction. Given the nature
of the exempted engines and the
conditions necessary to qualify for the
exemption, any emissions increase is
likely negligible. The Gasoline
Marketing rule, enacted to improve
ozone levels in the Atlanta Area,
required that fuel sold in the Atlanta
ozone nonattainment area and in areas
determined to have contributed to ozone
levels in the nonattainment area contain
reduced sulfur and have a reduced Reid
Vapor Pressure. This rule applied to fuel
sold in the portion of Monroe County
within the Macon Area, and the
projected mobile source emissions in
GA EPD’s maintenance plan assumed
continued implementation of the rule
through the maintenance period. GA
EPD has subsequently provided
calculations to EPA demonstrating that
the repeal of the Gasoline Marketing
rule increases the on-road NOX
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emissions projected for 2023 in the
Macon Area by approximately 0.02 tons
per year (tpy) and does not change the
projected emissions of SO2 or direct
PM2.5.
EPA has concluded that the changes
to the aforementioned rules do not affect
the Agency’s decision to approve the
redesignation request and maintenance
plan for the Macon Area. Any increase
in emissions that may result from these
modifications is expected to be minimal
and well within the margin necessary to
maintain attainment of the 1997 annual
PM2.5 standard. As discussed in the
proposed rulemaking notice, emissions
of SO2 and NOX in the Macon Area are
expected to decrease by 93 percent
(77,757 tpy to 5,397 tpy) and 38 percent
(30,511 tpy to 18,903 tpy), respectively
between 2007 and 2023.
III. Why is EPA taking these actions?
EPA has determined that the Macon
Area has attained the 1997 Annual
PM2.5 NAAQS and has also determined
that all other criteria for the
redesignation of the Macon Area from
nonattainment to attainment of the 1997
Annual PM2.5 NAAQS have been met.
See CAA section 107(d)(3)(E). One of
those requirements is that the Macon
Area has an approved plan
demonstrating maintenance of the 1997
Annual PM2.5 NAAQS over the ten-year
period following redesignation. EPA has
determined that attainment can be
maintained through 2024 and is taking
final action to approve the maintenance
plan for the Macon Area as meeting the
requirements of sections 175A and
107(d)(3)(E) of the CAA. The detailed
rationale for EPA’s findings and actions
is set forth in the February 5, 2014
proposed rulemaking. See 79 FR 6842.
IV. What are the effects of these
actions?
Approval of the redesignation request
changes the legal designation of Bibb
County and a portion of Monroe County
for the 1997 Annual PM2.5 NAAQS. EPA
is modifying the regulatory table in 40
CFR 81.311 to reflect a designation of
attainment for these counties. EPA is
also approving, as a revision to the
Georgia SIP, the State’s plan for
maintaining the 1997 Annual PM2.5
NAAQS in the Macon Area. The
maintenance plan includes contingency
measures to remedy possible future
violations of the 1997 Annual PM2.5
NAAQS and establishes 2023 MVEBs
for direct PM2.5 and NOX for the Macon
Area. Within 24 months of the effective
date of EPA’s approval of the
maintenance plan, the transportation
partners will need to demonstrate
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conformity to the new PM2.5 and NOX
MVEBs pursuant to 40 CFR 93.104(e).
V. Final Action
EPA is taking final action to approve
the redesignation and change the legal
designation of Bibb County and a
portion of Monroe County for the 1997
Annual PM2.5 NAAQS. Through this
action, EPA is also approving into the
Georgia SIP the 1997 Annual PM2.5
maintenance plan for the Macon Area,
which includes the new 2023 PM2.5 and
NOX MVEBs of 80.5 tons per year (tpy)
and 2,187 tpy, respectively, for this
Area. EPA’s approval of the
redesignation request is based on the
Agency’s determination that the Macon
Area meets the criteria for redesignation
set forth in CAA, including EPA’s
determination that the Macon Area has
attained and continues to attain the
1997 Annual PM2.5 NAAQS and that
attainment can be maintained through
2024.
VI. Statutory and Executive Order
Reviews
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Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, 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 these
reasons, these actions:
• Are not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Are 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,
• Do 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 final 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
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27195
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 July 14, 2014. 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. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, and Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks.
Dated: April 30, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e) is amended by
adding an entry for ‘‘1997 Annual PM2.5
Maintenance Plan for the Macon Area’’
at the end of the table to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
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*
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
date/effective
date
Name of non-regulatory
SIP provision
Applicable geographic or
nonattainment area
*
*
1997 Annual PM2.5 Maintenance
Plan for the Macon Area.
*
*
Bibb County and a portion of Monroe County, Macon, Georgia
Nonattainment Area.
6/21/12
EPA approval date
Explanation
*
*
5/13/14 [Insert citation of publication].
*
........................
4. In § 81.311, the table entitled
‘‘Georgia—PM2.5 (Annual NAAQS)’’ is
amended under ‘‘Macon, GA’’ by
revising the entry for ‘‘Bibb County and
■
PART 81—[AMENDED]
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
a portion of Monroe County’’ to read as
follows:
§ 81.311
*
Georgia
*
*
*
*
GEORGIA—PM2.5 (ANNUAL NAAQS)
Designation a
Designated area
Date 1
*
*
*
Macon, GA:
Bibb County ...........................................................................
Monroe County (part) ............................................................
*
*
*
*
Type
*
*
This action is effective May 13, 2014 ..........................................
This action is effective May 13, 2014 ..........................................
*
*
*
Attainment.
Attainment.
*
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
[FR Doc. 2014–10842 Filed 5–12–14; 8:45 am]
BILLING CODE 6560–50–P
This is a
summary of the Commission’s
Memorandum Opinion and Order, MB
Docket No. 05–263, adopted April 3,
2014, and released April 4, 2014. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
Commission’s Reference Center 445
12th Street SW., Washington, DC 20554.
The complete text of this decision may
also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or www.BCPIWEB.com.
This document is not subject to the
Congressional Review Act. (The
Commission is, therefore, not required
to submit a copy of this Memorandum
Opinion and Order to the General
Accounting Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the Petition for
Partial Reconsideration was dismissed.
SUPPLEMENTARY INFORMATION:
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 05–263; RM–11269; DA 14–
458]
Radio Broadcasting Services; Grants
and Church Rock, New Mexico
Federal Communications
Commission.
ACTION: Final rule; dismissal of petition
for partial reconsideration.
AGENCY:
This document dismisses the
Petition for Partial Reconsideration filed
by Reynolds Technical Associates in
response to the ‘‘Request to Dismiss.’’
Reynolds Technical Associates states
that it is no longer interested in
pursuing the Petition for Partial
Reconsideration, and it certifies that
there is no agreement and no
consideration received or promised in
exchange for such withdrawal.
DATES: Effective May 13, 2014.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC. 20554.
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SUMMARY:
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Federal Communications Commission.
Peter H. Doyle,
Chief, Audio Division, Media Bureau.
[FR Doc. 2014–10260 Filed 5–12–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 130808694–4378–03]
RIN 0648–BD37
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
Commercial Groundfish Fishery
Management Measures; Rockfish
Conservation Area Boundaries for
Vessels Using Bottom Trawl Gear;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This action contains
coordinate corrections to the Rockfish
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27193-27196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10842]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2012-0851; FRL-9910-64-Region 4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of
the Macon, Georgia, 1997 Annual Fine Particulate Matter Nonattainment
Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: Environmental Protection Agency (EPA) is taking final action
to approve a request submitted on June 21, 2012, by the Georgia
Department of Natural Resources, through Georgia Environmental
Protection Division (GA EPD), to redesignate the Macon, Georgia, fine
particulate matter (PM2.5) nonattainment area (hereafter
referred to as the ``Macon Area'' or ``Area'') to attainment for the
1997 Annual PM2.5 National Ambient Air Quality Standards
(NAAQS). The Macon Area is comprised of Bibb County and a portion of
Monroe County in Georgia. EPA's approval of the redesignation request
is based on the determination that Georgia has met the criteria for
redesignation to attainment set forth in the Clean Air Act (CAA or
Act). EPA is also approving a revision to the Georgia State
Implementation Plan (SIP) to include the 1997 Annual PM2.5
maintenance plan for the Macon Area. Additionally, EPA is approving
into the Georgia SIP the motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and PM2.5 for the year 2023
for the Macon Area that are included as part of Georgia's maintenance
plan for the 1997 Annual PM2.5 NAAQS. Furthermore, EPA is
approving a determination that the Area is expected to maintain the
1997 Annual PM2.5 NAAQS through the year 2024. EPA is also
correcting an inadvertent error in the proposed rulemaking for this
action.
DATES: This rule will be effective June 12, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0851. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 through 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: Joydeb Majumder, 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. Joydeb Majumder may be
reached by phone at (404) 562-9121 or via electronic mail at
majumder.joydeb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the actions?
On June 21, 2012,\1\ the Georgia Department of Natural Resources,
through GA EPD, submitted a request to EPA for redesignation of the
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS,
and for approval of a Georgia SIP revision containing a maintenance
plan for the Area.\2\ On February 5, 2014, EPA proposed to redesignate
the Macon Area to attainment for the 1997 Annual PM2.5
NAAQS, and to approve, as a revision to the Georgia SIP, the State's
1997 Annual PM2.5 NAAQS maintenance plan and the MVEBs for
direct PM2.5 and NOX for the Macon Area included
in that maintenance plan.\3\ See 79 FR 6842. EPA also proposed to
determine
[[Page 27194]]
that the Macon Area is continuing to attain the 1997 Annual
PM2.5 NAAQS and that attainment can be maintained through
2024. EPA received no adverse comments on the February 5, 2014,
proposed rulemaking and one comment supporting the proposal.
---------------------------------------------------------------------------
\1\ Although EPA received Georgia's request to redesignate the
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS
on June 26, 2012, along with the maintenance plan SIP submission,
the official submittal date for the redesignation request and
maintenance plan is the date of the cover letter, June 21, 2012.
\2\ EPA designated the Macon Area as nonattainment for the
annual 1997 PM2.5 NAAQS on January 5, 2005 (70 FR 944) as
supplemented on April 14, 2005 (70 FR 19844).
\3\ On March 2, 2012, EPA approved, under section 172(c)(3) of
the CAA, Georgia's 2002 base-year emissions inventory for the Macon
Area as part of the SIP revision submitted by GA EPD to provide for
attainment of the 1997 PM2.5 NAAQS in the Area. See 77 FR
12724.
---------------------------------------------------------------------------
As stated in EPA's February 5, 2014, proposal notice, the 3-year
design value of 13.4 micrograms per cubic meter ([mu]g/m\3\) for 2009-
2011 meets the PM2.5 Annual NAAQS of 15.0 [mu]g/m\3\. EPA
has reviewed the most recent ambient monitoring data, which confirms
that the Macon Area continues to attain the 1997 Annual
PM2.5 NAAQS beyond the 3-year attainment period of 2009-
2011.
II. What are the actions EPA is taking?
In today's rulemaking, EPA is approving Georgia's redesignation
request to change the legal designation of Bibb County and a portion of
Monroe County in Georgia from nonattainment to attainment for the 1997
Annual PM2.5 NAAQS, and as a revision to the Georgia SIP,
the State's 1997 Annual PM2.5 NAAQS maintenance plan and the
MVEBs for direct PM2.5 and NOX for the Macon Area
included in that maintenance plan. The maintenance plan is designed to
demonstrate that the Macon Area will continue to attain the 1997 Annual
PM2.5 NAAQS through 2023. EPA's approval of the
redesignation request is based on EPA's determination that the Macon
Area meets the criteria for redesignation set forth in CAA, including
EPA's determination that the Macon Area has attained and continues to
attain the 1997 Annual PM2.5 NAAQS and that attainment can
be maintained through 2024. EPA's analyses of Georgia's redesignation
request and maintenance plan are described in detail in the February 5,
2014, proposed rule. See 79 FR 6842.
Today, EPA is also clarifying and correcting an entry for Table 4
of EPA's February 5, 2014, proposed rule related to onroad mobile
emissions. In EPA's proposed rule, the 2020 PM2.5 onroad
mobile emissions are presented as 70 tons. This was a typographical
error. The 2020 PM2.5 onroad mobile emissions should have
been listed as 107 tons as presented in Table 3-14 of Georgia's June
21, 2012 submittal. Even with this change, EPA believes that it is
appropriate to approve Georgia's redesignation request and maintenance
plan. EPA has determined that the correction for Table 4 of EPA's
February 5, 2014 proposed rule falls under the ``good cause'' exemption
in section 553(b)(3)(B) of the Administrative Procedure Act which, upon
finding ``good cause,'' authorizes agencies to dispense with public
participation where public notice and comment procedures are
impracticable, unnecessary, or contrary to the public interest. Public
notice and comment for this typographical correction is unnecessary
because EPA's evaluation leading to the February 5, 2014, proposal
considered the correct value reported in Georgia's submittal, and
therefore, the correction does not change EPA's determination that
Georgia has met the requirements for the Macon Area to be redesignated
to attainment for the 1997 Annual PM2.5 NAAQS.
Subsequent to publication of the proposed rule, GA EPD notified EPA
that the Georgia Board of Natural Resources had modified Georgia Rule
391-3-1-.02(2)(mmm) entitled ``NOX Emissions from Stationary
Gas Turbines and Stationary Engines used to Generate Electricity'' to
exempt certain engines at data centers from the rule's NOX
limits and had repealed Georgia Rule 391-3-1-.02(2)(bbb) entitled
``Gasoline Marketing.'' GA EPD adopted Georgia Rule 391-3-1-.02(2)(mmm)
as a statewide ozone control measure, and the recent amendment exempts
stationary engines at data centers from the rule's NOX
emission limits provided that the engines operate for less than 500
hours per year and only for routine testing and maintenance (limited to
May through September between 10 p.m. and 4 a.m.), when electric power
from a utility is not available, or during internal system failures.
These data centers are equipped with uninterruptable power supplies
(UPSs) that supply electricity during a power outage, and the exempted
engines are designed to provide power only when the UPSs malfunction.
Given the nature of the exempted engines and the conditions necessary
to qualify for the exemption, any emissions increase is likely
negligible. The Gasoline Marketing rule, enacted to improve ozone
levels in the Atlanta Area, required that fuel sold in the Atlanta
ozone nonattainment area and in areas determined to have contributed to
ozone levels in the nonattainment area contain reduced sulfur and have
a reduced Reid Vapor Pressure. This rule applied to fuel sold in the
portion of Monroe County within the Macon Area, and the projected
mobile source emissions in GA EPD's maintenance plan assumed continued
implementation of the rule through the maintenance period. GA EPD has
subsequently provided calculations to EPA demonstrating that the repeal
of the Gasoline Marketing rule increases the on-road NOX
emissions projected for 2023 in the Macon Area by approximately 0.02
tons per year (tpy) and does not change the projected emissions of
SO2 or direct PM2.5.
EPA has concluded that the changes to the aforementioned rules do
not affect the Agency's decision to approve the redesignation request
and maintenance plan for the Macon Area. Any increase in emissions that
may result from these modifications is expected to be minimal and well
within the margin necessary to maintain attainment of the 1997 annual
PM2.5 standard. As discussed in the proposed rulemaking
notice, emissions of SO2 and NOX in the Macon
Area are expected to decrease by 93 percent (77,757 tpy to 5,397 tpy)
and 38 percent (30,511 tpy to 18,903 tpy), respectively between 2007
and 2023.
III. Why is EPA taking these actions?
EPA has determined that the Macon Area has attained the 1997 Annual
PM2.5 NAAQS and has also determined that all other criteria
for the redesignation of the Macon Area from nonattainment to
attainment of the 1997 Annual PM2.5 NAAQS have been met. See
CAA section 107(d)(3)(E). One of those requirements is that the Macon
Area has an approved plan demonstrating maintenance of the 1997 Annual
PM2.5 NAAQS over the ten-year period following
redesignation. EPA has determined that attainment can be maintained
through 2024 and is taking final action to approve the maintenance plan
for the Macon Area as meeting the requirements of sections 175A and
107(d)(3)(E) of the CAA. The detailed rationale for EPA's findings and
actions is set forth in the February 5, 2014 proposed rulemaking. See
79 FR 6842.
IV. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of Bibb County and a portion of Monroe County for the 1997 Annual
PM2.5 NAAQS. EPA is modifying the regulatory table in 40 CFR
81.311 to reflect a designation of attainment for these counties. EPA
is also approving, as a revision to the Georgia SIP, the State's plan
for maintaining the 1997 Annual PM2.5 NAAQS in the Macon
Area. The maintenance plan includes contingency measures to remedy
possible future violations of the 1997 Annual PM2.5 NAAQS
and establishes 2023 MVEBs for direct PM2.5 and
NOX for the Macon Area. Within 24 months of the effective
date of EPA's approval of the maintenance plan, the transportation
partners will need to demonstrate
[[Page 27195]]
conformity to the new PM2.5 and NOX MVEBs
pursuant to 40 CFR 93.104(e).
V. Final Action
EPA is taking final action to approve the redesignation and change
the legal designation of Bibb County and a portion of Monroe County for
the 1997 Annual PM2.5 NAAQS. Through this action, EPA is
also approving into the Georgia SIP the 1997 Annual PM2.5
maintenance plan for the Macon Area, which includes the new 2023
PM2.5 and NOX MVEBs of 80.5 tons per year (tpy)
and 2,187 tpy, respectively, for this Area. EPA's approval of the
redesignation request is based on the Agency's determination that the
Macon Area meets the criteria for redesignation set forth in CAA,
including EPA's determination that the Macon Area has attained and
continues to attain the 1997 Annual PM2.5 NAAQS and that
attainment can be maintained through 2024.
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, 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 these reasons, these actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
Are 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,
Do 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 final 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 July 14, 2014. 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. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, and Particulate matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks.
Dated: April 30, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are 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 an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Macon Area'' at the end of
the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 27196]]
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of non-regulatory SIP or nonattainment submittal date/ EPA approval date Explanation
provision area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Plan Bibb County and a 6/21/12 5/13/14 [Insert ..............
for the Macon Area. portion of Monroe citation of
County, Macon, publication].
Georgia
Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.311, the table entitled ``Georgia--PM2.5
(Annual NAAQS)'' is amended under ``Macon, GA'' by revising the entry
for ``Bibb County and a portion of Monroe County'' to read as follows:
Sec. 81.311 Georgia
* * * * *
Georgia--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
Designation \a\
Designated area -----------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Macon, GA:
Bibb County............... This action is Attainment.
effective May 13,
2014.
Monroe County (part)...... This action is Attainment.
effective May 13,
2014.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
* * * * *
[FR Doc. 2014-10842 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P