[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24399-24403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9707]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0021(a); FRL-9662-1]
Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; Ozone 2002 Base Year Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve the ozone 2002
base year emissions inventory, portion of the state implementation plan
(SIP) revision submitted by the State of Georgia on October 21, 2009.
The emissions inventory is part of the Atlanta, Georgia (hereafter
referred to as ``the Atlanta Area'' or ``Area''), ozone attainment
demonstration that was submitted for the 1997 8-hour ozone national
ambient air quality standards (NAAQS). The Atlanta Area is comprised of
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding and Walton Counties in their entireties.
This action is being taken pursuant to section 110 of the Clean Air Act
(CAA or Act).
DATES: This direct final rule is effective June 25, 2012 without
further notice, unless EPA receives adverse comment by May 24, 2012. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0021, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2010-0021,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
[[Page 24400]]
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0021. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at 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: Sara Waterson, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9061. Ms. Waterson can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million (ppm). Under EPA's regulations at 40 CFR part
50, the 1997 8-hour ozone NAAQS is attained when the 3-year average of
the annual fourth highest daily maximum 8-hour average ambient air
quality ozone concentration is less than or equal to 0.08 ppm (i.e.,
0.084 ppm when rounding is considered) (69 FR 23857, April 30,
2004).\1\ Ambient air quality monitoring data for the 3-year period
must meet a data completeness requirement. The ambient air quality
monitoring data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90
percent, and no single year has less than 75 percent data completeness
as determined in 40 CFR part 50, appendix I.
---------------------------------------------------------------------------
\1\ EPA issued a revised 8-hour ozone NAAQS in 2008. The current
proposed action, however, is being taken with regard to the 1997 8-
hour ozone NAAQS. Requirements for the Atlanta Area for the 2010 8-
hour ozone NAAQS will be addressed in the future.
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004
(effective June 15, 2004) using 2001-2003 ambient air quality data (69
FR 23857, April 30, 2004). At the time of designation the Atlanta Area
was classified as a marginal nonattainment area for the 1997 8-hour
ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation Rule,
EPA established ozone nonattainment area attainment dates based on
Table 1 of Section 181(a) of the CAA. This established an attainment
date 3 years after the June 15, 2004, effective date for areas
classified as marginal areas for the 1997 8-hour ozone nonattainment
designations. Therefore, the Atlanta Area's original attainment date
was June 15, 2007. See 69 FR 23951, April 30, 2004.
The Atlanta Area failed to attain the 1997 8-hour ozone NAAQS by
June 15, 2007 (the applicable attainment date for marginal
nonattainment areas), and did not qualify for any extension of the
attainment date as a marginal area. As a consequence of this failure,
on March 6, 2008, EPA published a rulemaking determining that the
Atlanta Area failed to attain and, consistent with section 181(b)(2) of
the CAA, the Atlanta Area was reclassified by operation of law to the
next highest classification, or ``moderate'' nonattainment. See 73 FR
12013, March 6, 2008. When an area is reclassified, a new attainment
date for the reclassified area must be established. Section 181 of the
CAA explains that the attainment date for moderate nonattainment areas
shall be as expeditiously as practicable, but no later than six years
after designation, or June 15, 2010. EPA further required that Georgia
submit the SIP revisions meeting the new moderate area requirements as
expeditiously as practicable, but no later than December 31, 2008.
Under certain circumstances, the CAA allows for extensions of the
attainment dates prescribed at the time of the original nonattainment
designation. In accordance with CAA section 181(a)(5), EPA may grant up
to 2 one-year extensions of the attainment date under specified
conditions. On November 30, 2010, EPA determined that Georgia met the
CAA requirements to obtain a one-year extension of the attainment date
for the 1997 8-hour ozone NAAQS for the Atlanta Area. See 75 FR 73969.
As a result, EPA extended the Atlanta Area's attainment date from June
15, 2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS.
On October 21, 2009, Georgia submitted an attainment demonstration
and associated reasonably available control measures (RACM), reasonable
available control technology (RACT), contingency measures, a 2002 base-
year emissions inventory and other planning SIP revisions related to
attainment of the 1997 8-hour ozone NAAQS in the Atlanta Area
(hereafter referred to as ``the Atlanta Area's attainment demonstration
submission.'') The reasonable further progress (RFP) plan was also
submitted on October 21, 2009,
[[Page 24401]]
under separate cover letter. Subsequently, on June 23, 2011 (76 FR
36873), EPA determined that the Atlanta Area attained the 1997 8-hour
ozone NAAQS. The determination of attaining data was based upon
complete, quality-assured and certified ambient air monitoring data for
the 2008-2010 period, showing that the Area had monitored attainment of
the 1997 8-hour ozone NAAQS. The requirements for the Area to submit an
attainment demonstration and associated RACM, RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
1997 8-hour ozone NAAQS were suspended as a result of the determination
of attainment, so long as the Area continues to attain the 1997 8-hour
ozone NAAQS. See 40 CFR 52.582(d).
On February 16, 2012, Georgia withdrew the Atlanta Area's
attainment demonstration (except RACT and the emissions inventory) as
allowed by 40 CFR 51.918; however, such withdrawal does not suspend the
emissions inventory requirement found in CAA section 182(a)(1). Section
182(a)(1) of the CAA requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. EPA
is now approving the emissions inventory portion of the Atlanta Area's
attainment demonstration SIP revision submitted by the State of Georgia
on October 21, 2009, as required by section 182(a)(1). EPA will take
action on the RACT portion of Georgia's October 21, 2009, SIP revision,
and on the RFP SIP revision in a separate action.
II. Analysis of State's Submittal
As discussed above, section 182(a)(1) of the CAA requires areas to
submit a comprehensive, accurate and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area. Georgia selected 2002 as base year for the emissions
inventory per 40 CFR 51.915. Emissions contained in the Atlanta
attainment plan cover the general source categories of stationary point
and area sources, non-road and on-road mobile sources, and biogenic
sources. A detailed discussion of the emissions inventory development
can be found in Appendix K of the Georgia submittal; a summary is
provided below. Table 3-4 in the October 29, 2009, submittal lists
electric generating unit (EGU) point sources in and near the Atlanta
nonattainment area and the average daily ozone season nitrogen oxides
(NOX) emissions. Table 3-5 in the October 29, 2009,
submittal lists non-EGU point sources in the Atlanta nonattainment
counties with NOX emissions larger than 100 tons/year.
The tables below provide a summary of the annual 2002 emissions of
NOX and volatile organic compounds (VOC).
Table 1--2002 Point and Area Sources Annual Emissions for the Atlanta Area
[Tons per year]
----------------------------------------------------------------------------------------------------------------
Point Area On-road Non-road
County -----------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
Barrow.................................. 0.06 0.02 0.45 3.74 5.69 4.30 1.41 0.75
Bartow.................................. 69.92 1.31 1.30 8.05 15.76 10.56 3.89 2.54
Carroll................................. 0.06 0.85 1.30 9.54 10.91 8.10 2.39 1.87
Cherokee................................ 0.20 0.13 0.72 6.30 10.25 5.17 3.59 5.30
Clayton................................. 0.30 1.29 1.08 9.53 19.96 9.90 19.21 3.83
Cobb.................................... 12.62 0.89 4.12 28.18 50.66 26.84 12.67 18.82
Coweta.................................. 23.08 0.62 0.89 3.94 7.86 3.75 3.30 2.49
DeKalb.................................. 0.49 4.66 4.06 44.67 63.33 31.21 9.98 16.76
Douglas................................. 0.06 0.08 0.48 3.93 9.70 4.54 1.87 1.26
Fayette................................. ....... ....... 0.77 4.69 5.20 2.84 2.18 1.91
Forsyth................................. 0.12 0.48 0.84 4.82 8.41 4.28 3.11 5.36
Fulton.................................. 5.46 5.42 6.59 49.47 91.42 46.10 20.02 17.19
Gwinnett................................ 0.09 0.13 4.55 32.02 49.26 25.20 15.36 23.85
Hall.................................... 0.29 0.69 2.79 13.69 15.12 11.59 3.80 6.47
Henry................................... 6.44 1.34 0.60 5.26 13.40 6.40 4.68 2.75
Newton.................................. 0.00 2.01 0.79 5.21 6.72 4.95 1.95 1.29
Paulding................................ ....... ....... 0.26 3.51 4.76 2.57 2.66 1.43
Rockdale................................ 0.08 0.44 1.00 4.28 5.70 2.88 1.59 1.42
Spalding................................ 0.00 0.18 0.79 5.95 5.25 4.14 0.87 1.21
Walton.................................. 0.01 0.32 0.47 4.92 5.72 4.66 1.70 1.53
----------------------------------------------------------------------------------------------------------------
The 182(a)(1) emissions inventory is developed by the incorporation
of data from multiple sources. States were required to develop and
submit to EPA a triennial emissions inventory according to the
Consolidated Emissions Reporting Rule for all source categories (i.e.,
point, area, non-road mobile and on-road mobile). This inventory often
forms the basis of data that are updated with more recent information
and data that also is used in their attainment demonstration modeling
inventory. Such was the case in the development of the 2002 emissions
inventory that was submitted in the State's attainment demonstration
SIP for this Area. The 2002 emissions inventory was based on data
developed with the Visibility Improvement State and Tribal Association
of the Southeast (VISTAS) contractors and submitted by the States to
the 2002 National Emissions Inventory. Several iterations of the 2002
inventories were developed for the different emissions source
categories resulting from revisions and updates to the data. This
resulted in the use of version G2 of the updated data to represent the
point sources' emissions. Data from many databases, studies and models
(e.g., Vehicle Miles Traveled, fuel programs, the NONROAD 2002 model
data for commercial marine vessels, locomotives and Clean Air Market
Division, etc.) resulted in the inventory submitted in this SIP. The
data were developed according to current EPA emissions inventory
guidance ``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations'' (August 2005) and a
[[Page 24402]]
quality assurance project plan that was developed through VISTAS and
approved by EPA. EPA agrees that the process used to develop this
inventory was adequate to meet the requirements of CAA section
182(a)(1) and the implementing regulations.
EPA has reviewed Georgia's emissions inventory and finds that it is
adequate for the purposes of meeting section 182(a)(1) emissions
inventory requirement. The emissions inventory is approvable because
the emissions were developed consistent with the CAA, implementing
regulations and EPA guidance for emission inventories.
III. Final Action
EPA is approving the 2002 base-year emissions inventory portion of
the Atlanta Area's attainment demonstration SIP revision, submitted by
the State of Georgia on October 21, 2009, for the 1997 8-hour ozone
NAAQS. This action is being taken pursuant to section 110 of the CAA.
On March 12, 2008, EPA issued a revised ozone NAAQS. See 73 FR 16436.
The current action, however, is being taken to address requirements
under the 1997 8-hour ozone NAAQS. Requirements for the Atlanta Area
under the 2008 ozone NAAQS will be addressed in the future. EPA is
publishing this rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal to approve the SIP revision should adverse
comments be filed. This rule will be effective June 25, 2012 without
further notice unless the Agency receives adverse comments by May 24,
2012.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on June 25, 2012 and no
further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 25, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: April 4, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(e), is amended by adding a new entry for ``Atlanta;
1997 8-Hour Ozone 2002 Base-Year Emissions Inventory'' to read as
follows:
[[Page 24403]]
Sec. 52. 570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP provision Applicable geographic or date/effective EPA approval date
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
33. Atlanta 1997 8-Hour Ozone 2002 Barrow, Bartow, Carroll, 10/21/2009 4/24/2012 [Insert
Base-Year Emissions Inventory. Cherokee, Clayton, Cobb, citation of
Coweta, DeKalb, Douglas, publication].
Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale,
Spalding and Walton Counties
in their entireties.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-9707 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P