[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6467-6471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2731]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2011-0084-201167(a); FRL-9628-2]
Approval and Promulgation of Implementation Plans; Alabama,
Georgia, and Tennessee: Chattanooga; Particulate Matter 2002 Base Year
Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve the fine
particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revisions
submitted by the States of Alabama on July 31, 2009, Georgia on October
27, 2009, and Tennessee on October 15, 2009. The emissions inventory is
part of the tri-state Chattanooga, Alabama-Georgia-Tennessee,
(hereafter referred to as ``the Chattanooga Area'' or ``Area''),
PM2.5 attainment demonstrations that were submitted for the
1997 annual PM2.5 National Ambient Air Quality Standards
(NAAQS). This action is being taken pursuant to section 110 of the
Clean Air Act (CAA).
DATES: This direct final rule is effective April 9, 2012 without
further notice, unless EPA receives adverse comment by March 9, 2012.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0084, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
[[Page 6468]]
4. Mail: ``EPA-R04-OAR-2011-0084,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0084. 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 http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of State Submittals
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. On January 5, 2005 (70 FR 944), EPA published its air
quality designations and classifications for the 1997 annual
PM2.5 NAAQS based upon air quality monitoring data for
calendar years 2001-2003. These designations became effective on April
5, 2005. The Chattanooga Area (which is comprised of a portion of
Jackson County in Alabama, Catoosa and Walker Counties in Georgia and
Hamilton County in Tennessee) was designated nonattainment for the 1997
annual PM2.5 NAAQS. See 40 CFR 81.311.
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP under title 1, part D of the
CAA. This SIP must include, among other elements, a demonstration of
how the NAAQS will be attained in the nonattainment area as
expeditiously as practicable but no later than the date required by the
CAA. Under CAA section 172(b), a state has up to three years after an
area's designation as nonattainment to submit its SIP to EPA. For the
1997 PM2.5 NAAQS, these SIPs were due April 5, 2008. See 40
CFR 51.1002(a).
On July 31, 2009, October 27, 2009, and October 15, 2009, Alabama,
Georgia and Tennessee (respectively) submitted attainment
demonstrations and associated reasonably available control measures
(RACM), reasonable further progress (RFP) plans, contingency measures,
a 2002 base year emissions inventory and other planning SIP revisions
related to attainment of the 1997 annual PM2.5 NAAQS in the
Chattanooga Area. On May 31, 2011 (76 FR 31239), EPA determined that
the Chattanooga Area attained the 1997 annual average PM2.5
NAAQS. The determination of attainment was based upon complete,
quality-assured and certified ambient air monitoring data for the 2007-
2009 period, showing that the Area had monitored attainment of the 1997
annual PM2.5 NAAQS. The requirements for the Area to submit
an attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard were suspended as a result of the determination of attainment,
so long as the Area continues to attain the 1997 annual
PM2.5 NAAQS. See 40 CFR 51.1004(c).
On June 29, 2011, Georgia withdrew \1\ its Chattanooga attainment
plan as allowed by 40 CFR 51.1004(c); however, such withdrawal does not
suspend the emissions inventory requirement found in CAA section
172(c)(3). Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions. EPA is now approving the emissions inventory portion of the
SIP revisions submitted on July 31, 2009, October 27, 2009 and October
15, 2009, by Alabama, Georgia and Tennessee (respectively), as required
by section 172(c)(3).
---------------------------------------------------------------------------
\1\ Per phone conversation between Lynorae Benjamin (EPA Region
4) and Jimmy Johnson (Georgia Department of Natural Resources) on
October 17, 2011, the withdrawal notice did not include the
emissions inventory portion of the submittal.
---------------------------------------------------------------------------
II. Analysis of State Submittals
As discussed above, section 172(c)(3) of the CAA requires areas to
submit a comprehensive, accurate and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Alabama,
[[Page 6469]]
Georgia and Tennessee selected 2002 as base year for their emissions
inventory per 40 CFR 51.1008(b). Emissions contained in the Chattanooga
emissions inventory cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. A detailed discussion of the emissions inventory
development can be found in Section 4 of the Alabama submittal,
Appendix H of the Georgia submittal, and Appendix 4 of the Tennessee
submittal. A summary is also provided below.
The tables below provide a summary of the annual 2002 emissions of
nitrogen oxides (NOX), sulfur dioxide (SO2) and
PM2.5.
Table 1--2002 Annual Emissions for the Chattanooga Area (tons)
------------------------------------------------------------------------
Point sources
County -----------------------------------------
NOX SO2 PM2.5
------------------------------------------------------------------------
Jackson, AL (partial)......... 26,337 44,080 933
Catoosa, GA................... 0 0 0
Walker, GA.................... 45.7 203.1 1.7
Hamilton, TN.................. 2,856 1,721 567
�������������������������������
Non-road sources
-----------------------------------------
Jackson, AL (partial)......... 14 5 1
Catoosa, GA................... 671.4 50.8 37.4
Walker, GA.................... 269.1 21 19.2
Hamilton, TN.................. 6,428 539 292
�������������������������������
Area sources
-----------------------------------------
Jackson, AL (partial)......... 3 17 12
Catoosa, GA................... 165.4 272.8 688.7
Walker, GA.................... 417.4 763.9 1,040.6
Hamilton, TN.................. 639 507 1,000
�������������������������������
Mobile sources
-----------------------------------------
Jackson, AL (partial)......... 7 6 0
Catoosa, GA................... 2,377.1 92.1 37.2
Walker, GA.................... 1,698.7 71.1 29.3
Hamilton, TN.................. 11,610 461 183
------------------------------------------------------------------------
The 172(c)(3) 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, nonroad mobile and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also are used in the attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in each State's attainment SIPs 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 these SIPs. The data were developed
according to current EPA emissions inventory guidance ``Emissions
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations'' (August 2005) and a quality assurance project plan that
was developed through VISTAS and approved by EPA. EPA agrees that the
process used to develop these inventories was adequate to meet the
requirements of CAA 172(c)(3) and the implementing regulations.
EPA has reviewed the emissions inventories from Alabama, Georgia
and Tennessee, and finds that they are adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement for the 1997
annual PM2.5 standard. The emissions inventories are
approvable because the emissions were developed consistent with the
CAA, implementing regulations and EPA guidance for emission
inventories.
III. Final Action
EPA is approving the 2002 base year emissions inventory portion of
the SIP revisions submitted by: the State of Alabama on July 31, 2009,
the State of Georgia on October 27, 2009 and the State of Tennessee on
October 15, 2009. This action is being taken pursuant to section 110 of
the CAA. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective April 9, 2012
without further notice unless the Agency receives adverse comments by
March 9, 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
[[Page 6470]]
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 9, 2012 and no
further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 9, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements and Sulfur oxides.
Dated: January 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart B--Alabama
0
2. Section 52.50(e) is amended by adding a new entry for ``Chattanooga;
Fine Particulate Matter 2002 Base Year Emissions Inventory'' at the end
of the table to read as follows:
Sec. 52.50 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chattanooga; Fine Particulate Jackson County... 7/31/09 2/8/12 [Insert
Matter 2002 Base Year Emissions citation of
Inventory. publication].
----------------------------------------------------------------------------------------------------------------
Subpart L--Georgia
0
2. Section 52.570(e), is amended by adding a new entry 29 to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 6471]]
EPA-Approved Georgia Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP Applicable geographic date/effective EPA approval date
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
29. Chattanooga; Fine Catoosa and Walker 10/27/09 2/8/12 [Insert citation of
Particulate Matter 2002 Base Counties. publication].
Year Emissions Inventory.
----------------------------------------------------------------------------------------------------------------
Subpart RR--Tennessee
0
2. Section 52.2220(e) is amended by adding a new entry for
``Chattanooga; Fine Particulate Matter 2002 Base Year Emissions
Inventory'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State effective
provision or nonattainment area date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chattanooga; Fine Particulate Hamilton County....... 10/15/09 2/8/12 [Insert
Matter 2002 Base Year Emissions citation of
Inventory. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-2731 Filed 2-7-12; 8:45 am]
BILLING CODE 6560-50-P