[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27493-27496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10960]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0893; FRL-9910-65-Region 4 ]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of 
the Rome, Georgia, 1997 Annual Fine Particulate Matter Nonattainment 
Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: The 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 Rome, Georgia, fine 
particulate matter (PM2.5) nonattainment area (hereafter 
referred to as the ``Rome Area'' or ``Area'') to attainment for the 
1997 Annual PM2.5 National Ambient Air Quality Standards 
(NAAQS). The Rome Area is comprised of Floyd 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 Rome 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 Rome 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 inadvertent errors 
in the proposed rulemaking for this action.

DATES: This rule is effective June 13, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0893. 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

[[Page 27494]]

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 
Rome 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 January 23, 2014, EPA proposed to redesignate the 
Rome 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 Rome Area included in that 
maintenance plan.\3\ See 79 FR 3757. EPA also proposed to determine 
that the Rome 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 January 23, 2014, 
proposed rulemaking.
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    \1\ Although EPA received Georgia's request to redesignate the 
Rome 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 Rome 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 January 12, 2012, EPA approved, under section 172(c)(3) 
of the CAA, Georgia's 2002 base-year emissions inventory for the 
Rome 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 1873.
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    As stated in EPA's January 23, 2014, proposal notice, the 3-year 
design value of 13.3 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 Rome 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 Floyd 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 Rome Area included in that 
maintenance plan. The maintenance plan is designed to demonstrate that 
the Rome 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 Rome Area meets the criteria for 
redesignation set forth in CAA, including EPA's determination that the 
Rome 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 January 23, 2014, proposed rule. 
See 79 FR 3757.
    Today, EPA is also clarifying and correcting inadvertent errors 
related to Tables 2 and 6 in Section V of EPA's January 23, 2014 
proposed rulemaking. In Table 2 of EPA's proposed rule, the 2007 sulfur 
dioxide (SO2) point source emissions are presented as 24,275 
tons. This was a typographical error. The 2007 SO2 point 
source emissions should have been listed as 51,275 tons as presented in 
Table 3-2 of Georgia's June 21, 2012 submittal. Additionally, in Table 
6 of EPA's proposed rule, the 2007 SO2 emissions are 
presented as 25,276.1 tons. This was a typographical error. The 2007 
SO2 emissions should have been listed as 52,077 tons as 
presented in Table 3-2 of Georgia's June 21, 2012 submittal. EPA has 
determined that the corrections to Tables 2 and 6 of EPA's January 23, 
2014 proposed rule fall 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 these typographical corrections is unnecessary 
because EPA's evaluation leading to the January 23, 2014, proposal 
considered the correct values reported in Georgia's submittal, and 
therefore, the corrections do not change EPA's determination that 
Georgia has met the requirements for the Rome 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 
Rome 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 Rome Area by approximately 3 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 Rome Area. Any increase in emissions that 
may result from these

[[Page 27495]]

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 Rome Area are expected to 
decrease by 86 percent (52,077 tpy to 7,194 tpy) and 33 percent (15,475 
tpy to 10,336 tpy), respectively between 2007 and 2023.

III. Why is EPA taking these actions?

    EPA has determined that the Rome Area has attained the 1997 Annual 
PM2.5 NAAQS and has also determined that all other criteria 
for the redesignation of the Rome 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 Rome 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 Rome 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 January 23, 2014 proposed rulemaking. See 
79 FR 3757.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of Floyd 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 Rome 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 Rome Area. 
Within 24 months of the effective date of EPA's approval of the 
maintenance plan, the transportation partners will need to demonstrate 
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 Rome Area, which includes the new 2023 
NOX and PM2.5 MVEBs of 994.4 tpy and 38.0 tpy, 
respectively, for this Area. EPA's approval of the redesignation 
request is based on the Agency's determination that the Rome Area meets 
the criteria for redesignation set forth in CAA, including EPA's 
determination that the Rome 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

[[Page 27496]]

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--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 ``1997 Annual 
PM2.5 Maintenance Plan for the Rome Area'' at the end of the 
table to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                       Applicable           State
   Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date        Explanation
            provision              nonattainment area  effective date
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance     Floyd County, Rome,         6/21/12  5/14/2014 [Insert    ....................
 Plan for the Rome Area.           Georgia Area.                        citation of
                                                                        publication].
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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- PM2.5 
(Annual NAAQS)'' is amended under ``Rome, GA'' by revising the entry 
for ``Floyd County'' to read as follows:


Sec.  81.311  Georgia.

* * * * *

                             Georgia--PM2.5
                             [Annual NAAQS]
------------------------------------------------------------------------
                                             Designation \a\
        Designated area        -----------------------------------------
                                     Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Rome, GA:
    Floyd County..............  This action is     Attainment.
                                 effective 5/14/
                                 2014.
 
                              * * * * * * *
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\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.

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[FR Doc. 2014-10960 Filed 5-13-14; 8:45 am]
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