Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, GA, 1997 Annual PM2.5, 9114-9116 [2016-03743]
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Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2013–0084; FRL–9942–61–
Region 4]
Air Plan Approval and Air Quality
Designation; GA; Redesignation of the
Atlanta, GA, 1997 Annual PM2.5
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On August 30, 2012, the
Georgia Department of Natural
Resources, through the Georgia
Environmental Protection Division (GA
EPD), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Atlanta, Georgia, fine
particulate matter (PM2.5) nonattainment
area (hereafter referred to as the
‘‘Atlanta Area’’ or ‘‘Area’’) to attainment
for the 1997 Annual PM2.5 national
ambient air quality standards (NAAQS)
and a related state implementation plan
(SIP) revision containing a maintenance
plan for the Atlanta Area. EPA is taking
the following separate final actions
related to the August 30, 2012,
redesignation request and SIP revision:
Determining that the Atlanta Area is
continuing to attain the 1997 Annual
PM2.5 NAAQS; approving into Georgia’s
SIP the State’s plan for maintaining the
1997 Annual PM2.5 NAAQS in the
Atlanta Area (maintenance plan),
including the associated motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and direct PM2.5 for the
year 2024; and redesignating the Atlanta
Area to attainment for the 1997 Annual
PM2.5 NAAQS. Additionally, EPA finds
the 2024 MVEBs for the Atlanta Area
adequate for the purposes of
transportation conformity.
DATES: This rule is effective February
24, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0084. 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 Air Regulatory Management Section,
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SUMMARY:
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Air Planning and Implementation
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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel
Huey, Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Huey
may be reached by phone at (404) 562–
9104 or via electronic mail at huey.joel@
epa.gov.
containing a maintenance plan for the
Area. In a notice of proposed
rulemaking (NPR) published on January
11, 2016, EPA proposed to determine
that the Atlanta Area is continuing to
attain the 1997 Annual PM2.5 NAAQS;
to approve, as a revision to the Georgia
SIP, the State’s 1997 Annual PM2.5
NAAQS maintenance plan, including
the 2024 MVEBs for NOX and direct
PM2.5, for the Atlanta Area; and to
redesignate the Atlanta Area to
attainment for the 1997 Annual PM2.5
NAAQS.2 See 81 FR 1144. In that
notice, EPA also notified the public of
the status of the Agency’s adequacy
determination for the NOX and direct
PM2.5 MVEBs for the Area. No adverse
comments were received on the January
11, 2016, proposed rulemaking. The
details of Georgia’s submittal and the
rationale for EPA’s actions are further
explained in the NPR.
I. What is the background for the
actions?
On July 18, 1997, EPA promulgated
the first air quality standards for PM2.5.
EPA promulgated an annual standard at
a level of 15 micrograms per cubic meter
(mg/m3), based on a 3-year average of
annual mean PM2.5 concentrations. In
the same rulemaking, EPA promulgated
a 24-hour standard of 65 mg/m3, based
on a 3-year average of the 98th
percentile of 24-hour concentrations. On
October 17, 2006, EPA retained the
annual average NAAQS at 15 mg/m3 but
revised the 24-hour NAAQS to 35 mg/
m3, based again on the 3-year average of
the 98th percentile of 24-hour
concentrations. See 71 FR 61144.
On January 5, 2005, and
supplemented on April 14, 2005, EPA
designated the Atlanta Area as
nonattainment for the 1997 PM2.5
NAAQS.1 See 70 FR 944 and 70 FR
19844, respectively. On November 13,
2009, EPA promulgated designations for
the 2006 24-hour PM2.5 NAAQS and
designated the Atlanta Area as
unclassifiable/attainment for that
standard. See 74 FR 58688. EPA did not
promulgate designations for the 2006
Annual PM2.5 NAAQS because that
NAAQS was essentially identical to the
1997 Annual PM2.5 NAAQS.
On August 30, 2012, Georgia
submitted a request to EPA for
redesignation of the Atlanta Area to
attainment for the 1997 Annual PM2.5
NAAQS and a related SIP revision
II. What are the effects of these actions?
Approval of the redesignation request
changes the legal designation of the
counties in the Atlanta Area, found at
40 CFR 81.311, from nonattainment to
attainment for the 1997 Annual PM2.5
NAAQS. Approval of Georgia’s
associated SIP revision also incorporates
a plan into the SIP for maintaining the
1997 Annual PM2.5 NAAQS in the
Atlanta Area as described in the NPR.
The maintenance plan establishes NOX
and direct PM2.5 MVEBs for 2024 for the
Area and includes contingency
measures to remedy any future
violations of the 1997 Annual PM2.5
NAAQS and procedures for evaluation
of potential violations. The 2024 NOX
and PM2.5 MVEBs are 44,430 tons per
year (tpy) and 2,281 tpy, respectively,
for the Area.
1 The Atlanta Area is comprised of twenty whole
counties and two partial counties in Georgia:
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry, Newton, Paulding,
Rockdale, Spalding, Walton, and portions of Heard
and Putnam Counties.
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III. Final Actions
EPA is taking three separate final
actions regarding Georgia’s request to
redesignate the Atlanta Area to
attainment for the 1997 Annual PM2.5
NAAQS and associated SIP revision.
First, EPA is determining that the
Atlanta Area is continuing to attain the
1997 Annual PM2.5 NAAQS. Second,
EPA is approving and incorporating the
maintenance plan for the Atlanta Area,
including the NOX and direct PM2.5
MVEBs for 2024, into the Georgia SIP.
Third, EPA is determining that Georgia
has met the criteria under CAA section
107(d)(3)(E) for the Atlanta Area for
redesignation from nonattainment to
2 In section IX of EPA’s January 11, 2016, NPR,
EPA inadvertently referenced ‘‘NOX and VOC
MVEBs’’ where the notice should have read ‘‘NOX
and PM2.5 MVEBs,’’ consistent with numerous other
such references in the notice. See 81 FR 1161, 2nd
and 3rd columns.
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attainment for the 1997 Annual PM2.5
NAAQS. On this basis, EPA is
approving Georgia’s redesignation
request for the 1997 Annual PM2.5
NAAQS for the Atlanta Area. As
mentioned above, approval of the
redesignation request changes the
official designation of the counties in
the Atlanta Area for the 1997 Annual
PM2.5 NAAQS from nonattainment to
attainment, as found at 40 CFR part 81.
EPA is also notifying the public that
EPA finds the newly-established NOx
and direct PM2.5 MVEBs for the Atlanta
Area adequate for the purpose of
transportation conformity. Within 24
months from this final rule, the
transportation partners must
demonstrate conformity to the new NOX
and direct PM2.5 MVEBs pursuant to 40
CFR 93.104(e)(3).
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
this action to become effective
immediately upon publication. This is
because a delayed effective date is
unnecessary due to the nature of a
redesignation to attainment, which
relieves the Area from certain CAA
requirements that would otherwise
apply to it. The immediate effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule grants or
recognizes an exemption or relieves a
restriction, and section 553(d)(3), which
allows an effective date less than 30
days after publication as otherwise
provided by the agency for good cause
found and published with the rule. The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the State of
various requirements for the Atlanta
Area. For these reasons, EPA finds good
cause under 5 U.S.C. 553(d)(3) for this
action to become effective on the date of
publication of this action.
IV. 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
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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,
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
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9115
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 25, 2016. 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: February 8, 2016.
Heather McTeer Toney.
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended
as follows:
PART 52–APPROVAL AND
PROMULGATION OF 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 an entry for ‘‘1997 Annual PM2.5
Maintenance Plan for the Atlanta Area’’
to the end of the table to read as follows:
■
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Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations
§ 52.570
*
*
Identification of plan.
*
*
(e) * * *
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or nonattainment
area
*
*
1997 Annual PM2.5 Maintenance Plan for
the Atlanta Area.
State submittal
date/effective
date
*
*
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett,
Hall,
Henry,
Newton,
Paulding,
Rockdale, Spalding and Walton Counties in their entireties and portions of
Heard and Putnam Counties.
*
8/30/12
Authority: 42 U.S.C. 7401 et seq.
PART 81–DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. In § 81.311, the table entitled
‘‘Georgia—1997 Annual PM2.5 NAAQS’’
is amended under ‘‘Atlanta, GA:’’ by
■
3. The authority citation for part 81
continues to read as follows:
■
EPA approval date
Explanation
*
2/24/16 [Insert citation
of publication].
*
........................
revising the entries for the counties to
read as follows:
§ 81.311
*
Georgia
*
*
*
*
GEORGIA—1997 ANNUAL PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
Atlanta, GA:
Barrow County ....................................................................................................................
Bartow County ....................................................................................................................
Carroll County .....................................................................................................................
Cherokee County ................................................................................................................
Clayton County ...................................................................................................................
Cobb County .......................................................................................................................
Coweta County ...................................................................................................................
DeKalb County ....................................................................................................................
Douglas County ..................................................................................................................
Fayette County ....................................................................................................................
Forsyth County ....................................................................................................................
Fulton County ......................................................................................................................
Gwinnett County .................................................................................................................
Hall County .........................................................................................................................
Heard County (part) ............................................................................................................
The northeast portion that extends north of 33 degrees 24 minutes (north) to the
Carroll County border and east of 85 degrees 3 minutes (west) to the Coweta
County border.
Henry County ......................................................................................................................
Newton County ...................................................................................................................
Paulding County ..................................................................................................................
Putnam County (part) ..........................................................................................................
The area described by U.S. Census 2000 block group identifier 13–237–9603–1.
Rockdale County .................................................................................................................
Spalding County ..................................................................................................................
Walton County ....................................................................................................................
*
*
*
*
Date 2
Type
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
2/24/16
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
Attainment
2/24/16
2/24/16
2/24/16
2/24/16
Attainment
Attainment
Attainment
Attainment
2/24/16
2/24/16
2/24/16
Attainment
Attainment
Attainment
*
*
a Includes
1 This
2 This
*
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
*
*
*
*
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]]>Agencies
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9114-9116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03743]
[[Page 9114]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2013-0084; FRL-9942-61- Region 4]
Air Plan Approval and Air Quality Designation; GA; Redesignation
of the Atlanta, GA, 1997 Annual PM2.5 Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 30, 2012, the Georgia Department of Natural
Resources, through the Georgia Environmental Protection Division (GA
EPD), submitted a request for the Environmental Protection Agency (EPA)
to redesignate the Atlanta, Georgia, fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual
PM2.5 national ambient air quality standards (NAAQS) and a
related state implementation plan (SIP) revision containing a
maintenance plan for the Atlanta Area. EPA is taking the following
separate final actions related to the August 30, 2012, redesignation
request and SIP revision: Determining that the Atlanta Area is
continuing to attain the 1997 Annual PM2.5 NAAQS; approving
into Georgia's SIP the State's plan for maintaining the 1997 Annual
PM2.5 NAAQS in the Atlanta Area (maintenance plan),
including the associated motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and direct PM2.5 for the
year 2024; and redesignating the Atlanta Area to attainment for the
1997 Annual PM2.5 NAAQS. Additionally, EPA finds the 2024
MVEBs for the Atlanta Area adequate for the purposes of transportation
conformity.
DATES: This rule is effective February 24, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0084. 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 Air Regulatory Management Section, Air Planning and
Implementation 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 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joel Huey, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Mr. Huey may be reached by phone at (404)
562-9104 or via electronic mail at huey.joel@epa.gov.
I. What is the background for the actions?
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5. EPA promulgated an annual standard at a level of
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations. In the same rulemaking,
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006, EPA retained the annual average NAAQS at 15 [mu]g/m\3\ but
revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year
average of the 98th percentile of 24-hour concentrations. See 71 FR
61144.
On January 5, 2005, and supplemented on April 14, 2005, EPA
designated the Atlanta Area as nonattainment for the 1997
PM2.5 NAAQS.\1\ See 70 FR 944 and 70 FR 19844, respectively.
On November 13, 2009, EPA promulgated designations for the 2006 24-hour
PM2.5 NAAQS and designated the Atlanta Area as
unclassifiable/attainment for that standard. See 74 FR 58688. EPA did
not promulgate designations for the 2006 Annual PM2.5 NAAQS
because that NAAQS was essentially identical to the 1997 Annual
PM2.5 NAAQS.
---------------------------------------------------------------------------
\1\ The Atlanta Area is comprised of twenty whole counties and
two partial counties in Georgia: Barrow, Bartow, Carroll, Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton,
and portions of Heard and Putnam Counties.
---------------------------------------------------------------------------
On August 30, 2012, Georgia submitted a request to EPA for
redesignation of the Atlanta Area to attainment for the 1997 Annual
PM2.5 NAAQS and a related SIP revision containing a
maintenance plan for the Area. In a notice of proposed rulemaking (NPR)
published on January 11, 2016, EPA proposed to determine that the
Atlanta Area is continuing to attain the 1997 Annual PM2.5
NAAQS; to approve, as a revision to the Georgia SIP, the State's 1997
Annual PM2.5 NAAQS maintenance plan, including the 2024
MVEBs for NOX and direct PM2.5, for the Atlanta
Area; and to redesignate the Atlanta Area to attainment for the 1997
Annual PM2.5 NAAQS.\2\ See 81 FR 1144. In that notice, EPA
also notified the public of the status of the Agency's adequacy
determination for the NOX and direct PM2.5 MVEBs
for the Area. No adverse comments were received on the January 11,
2016, proposed rulemaking. The details of Georgia's submittal and the
rationale for EPA's actions are further explained in the NPR.
---------------------------------------------------------------------------
\2\ In section IX of EPA's January 11, 2016, NPR, EPA
inadvertently referenced ``NOX and VOC MVEBs'' where the
notice should have read ``NOX and PM2.5
MVEBs,'' consistent with numerous other such references in the
notice. See 81 FR 1161, 2nd and 3rd columns.
---------------------------------------------------------------------------
II. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the counties in the Atlanta Area, found at 40 CFR 81.311, from
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS.
Approval of Georgia's associated SIP revision also incorporates a plan
into the SIP for maintaining the 1997 Annual PM2.5 NAAQS in
the Atlanta Area as described in the NPR. The maintenance plan
establishes NOX and direct PM2.5 MVEBs for 2024
for the Area and includes contingency measures to remedy any future
violations of the 1997 Annual PM2.5 NAAQS and procedures for
evaluation of potential violations. The 2024 NOX and
PM2.5 MVEBs are 44,430 tons per year (tpy) and 2,281 tpy,
respectively, for the Area.
III. Final Actions
EPA is taking three separate final actions regarding Georgia's
request to redesignate the Atlanta Area to attainment for the 1997
Annual PM2.5 NAAQS and associated SIP revision. First, EPA
is determining that the Atlanta Area is continuing to attain the 1997
Annual PM2.5 NAAQS. Second, EPA is approving and
incorporating the maintenance plan for the Atlanta Area, including the
NOX and direct PM2.5 MVEBs for 2024, into the
Georgia SIP. Third, EPA is determining that Georgia has met the
criteria under CAA section 107(d)(3)(E) for the Atlanta Area for
redesignation from nonattainment to
[[Page 9115]]
attainment for the 1997 Annual PM2.5 NAAQS. On this basis,
EPA is approving Georgia's redesignation request for the 1997 Annual
PM2.5 NAAQS for the Atlanta Area. As mentioned above,
approval of the redesignation request changes the official designation
of the counties in the Atlanta Area for the 1997 Annual
PM2.5 NAAQS from nonattainment to attainment, as found at 40
CFR part 81.
EPA is also notifying the public that EPA finds the newly-
established NOx and direct PM2.5 MVEBs for the Atlanta Area
adequate for the purpose of transportation conformity. Within 24 months
from this final rule, the transportation partners must demonstrate
conformity to the new NOX and direct PM2.5 MVEBs
pursuant to 40 CFR 93.104(e)(3).
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary due to the
nature of a redesignation to attainment, which relieves the Area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule grants or
recognizes an exemption or relieves a restriction, and section
553(d)(3), which allows an effective date less than 30 days after
publication as otherwise provided by the agency for good cause found
and published with the rule. The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the State
of various requirements for the Atlanta Area. For these reasons, EPA
finds good cause under 5 U.S.C. 553(d)(3) for this action to become
effective on the date of publication of this action.
IV. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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,
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 25, 2016. 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: February 8, 2016.
Heather McTeer Toney.
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52-APPROVAL AND PROMULGATION OF 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 an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Atlanta Area'' to the end of
the table to read as follows:
[[Page 9116]]
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State
provision nonattainment submittal date/ EPA approval date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Barrow, Bartow, 8/30/12 2/24/16 [Insert citation of ..............
Plan for the Atlanta Area. Carroll, publication].
Cherokee,
Clayton, Cobb,
Coweta, DeKalb,
Douglas,
Fayette,
Forsyth, Fulton,
Gwinnett, Hall,
Henry, Newton,
Paulding,
Rockdale,
Spalding and
Walton Counties
in their
entireties and
portions of
Heard and Putnam
Counties.
----------------------------------------------------------------------------------------------------------------
PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
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--1997 Annual
PM2.5 NAAQS'' is amended under ``Atlanta, GA:'' by revising
the entries for the counties to read as follows:
Sec. 81.311 Georgia
* * * * *
Georgia--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Atlanta, GA:
Barrow County............... 2/24/16 Attainment
Bartow County............... 2/24/16 Attainment
Carroll County.............. 2/24/16 Attainment
Cherokee County............. 2/24/16 Attainment
Clayton County.............. 2/24/16 Attainment
Cobb County................. 2/24/16 Attainment
Coweta County............... 2/24/16 Attainment
DeKalb County............... 2/24/16 Attainment
Douglas County.............. 2/24/16 Attainment
Fayette County.............. 2/24/16 Attainment
Forsyth County.............. 2/24/16 Attainment
Fulton County............... 2/24/16 Attainment
Gwinnett County............. 2/24/16 Attainment
Hall County................. 2/24/16 Attainment
Heard County (part)......... 2/24/16 Attainment
The northeast portion
that extends north of
33 degrees 24 minutes
(north) to the Carroll
County border and east
of 85 degrees 3 minutes
(west) to the Coweta
County border.
Henry County................ 2/24/16 Attainment
Newton County............... 2/24/16 Attainment
Paulding County............. 2/24/16 Attainment
Putnam County (part)........ 2/24/16 Attainment
The area described by
U.S. Census 2000 block
group identifier 13-237-
9603-1.
Rockdale County............. 2/24/16 Attainment
Spalding County............. 2/24/16 Attainment
Walton County............... 2/24/16 Attainment
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2016-03743 Filed 2-23-16; 8:45 am]
BILLING CODE 6560-50-P
