[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Rules and Regulations]
[Pages 27493-27496]
From the Federal Register Online via the Government Publishing 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
[email protected].
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.
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(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.
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Georgia--PM2.5
[Annual NAAQS]
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Designation \a\
Designated area -----------------------------------------
Date \1\ Type
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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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