[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Rules and Regulations]
[Pages 76235-76238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29776]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2014-0674; FRL-9920-61-Region 4]
Approval of Implementation Plans and Designation of Areas;
Alabama; Redesignation of the Alabama Portion of the Chattanooga, 1997
p.m.2.5 Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
[[Page 76236]]
ACTION: Final rule.
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SUMMARY: On April 23, 2013, the Alabama Department of Environmental
Management (ADEM), submitted a request to redesignate the Alabama
portion of the Chattanooga, TN-GA-AL fine particulate matter
(PM2.5) nonattainment area (hereafter referred to as the
``Chattanooga TN-GA-AL Area'' or ``Area'') to attainment for the 1997
Annual PM2.5 National Ambient Air Quality Standards (NAAQS)
and to approve a State Implementation Plan (SIP) revision containing a
maintenance plan for the Alabama portion of the Chattanooga TN-GA-AL
Area. The Alabama portion of the Chattanooga TN-GA-AL Area is comprised
of a portion of Jackson County in Alabama. EPA is approving the
redesignation request and the related SIP revision, including the plan
for maintaining attainment of the 1997 Annual PM2.5 standard
for the Chattanooga TN-GA-AL Area. EPA is also approving the on-road
motor vehicle insignificance determination for direct PM2.5
and nitrogen oxides (NOx) for the Alabama portion of the Chattanooga
TN-GA-AL Area. On September 14, 2012, and November 13, 2014, Georgia
and Tennessee (respectively) submitted requests to redesignate the
Georgia and Tennessee portions of the Chattanooga TN-GA-AL Area. EPA
will be taking separate action on the requests from Georgia and
Tennessee.
DATES: This rule is effective December 22, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0674. 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 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: 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].
I. What is the Background for the Actions?
On April 23, 2013, ADEM submitted a request to redesignate the
Alabama portion of the Chattanooga TN-GA-AL nonattainment area to
attainment for the 1997 Annual PM2.5 NAAQS and to approve,
as a revision to the Alabama SIP, a maintenance plan for the Area.\1\
On November 12, 2014, EPA proposed to redesignate the Alabama portion
of Chattanooga TN-GA-AL Area to attainment for the 1997 Annual
PM2.5 NAAQS, and to approve, as a revision to the Alabama
SIP, the State's 1997 Annual PM2.5 NAAQS maintenance plan
and the on-road motor vehicle insignificance determination for direct
PM2.5 and NOx for the Alabama portion of Chattanooga TN-GA-
AL Area included in that maintenance plan.\2\ See 79 FR 67137. EPA also
proposed to determine that the Chattanooga TN-GA-AL Area is continuing
to attain the 1997 Annual PM2.5 NAAQS and that attainment
can be maintained through 2025. EPA received no adverse comments on the
November 12, 2014, proposed rulemaking. EPA notes that it inadvertently
referred to the Area as the ``Chattanooga, TN-GA Area'' in the November
12, 2014, proposed rulemaking. In today's final rulemaking, EPA is
clarifying this Area should have been referred to as the ``Chattanooga,
TN-GA-AL Area'' to account for a correction for the name of this Area
that was published in the Federal Register on May 5, 2014, at 79 FR
25508.
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\1\ EPA designated the Chattanooga TN-GA-AL Area as
nonattainment for the 1997 Annual PM2.5 NAAQS on January
5, 2005 (70 FR 944) as supplemented on April 14, 2005 (70 FR 19844).
\2\ On February 8, 2012, EPA approved, under section 172(c)(3)
of the Clean Air Act (CAA or Act), Alabama's 2002 base-year
emissions inventory for the Chattanooga TN-GA-AL Area as part of the
SIP revision submitted by ADEM to provide for attainment of the 1997
PM2.5 NAAQS in the Area. See 77 FR 6467.
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In its November 12, 2014, proposed action, EPA stated that the
adequacy public comment period on the motor vehicle insignificance
determination (as contained in Alabama's April 23, 2013, submittal)
began on September 22, 2014, and closed on October 22, 2014. No
comments were received during this public comment period, and
therefore, EPA deems the insignificance determination adequate for the
purposes of transportation conformity.
As stated in EPA's November 12, 2014, proposal notice, the 3-year
design value of 12.9 micrograms per cubic meter ([mu]g/m\3\) for the
Area for 2007-2009 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 Area continues to attain the 1997 Annual
PM2.5 NAAQS beyond the 3-year attainment period of 2007-
2009.
II. What are the Actions EPA is Taking?
In today's rulemaking, EPA is approving Alabama's redesignation
request to change the legal designation of the portion of the Jackson
County in Alabama within the Area from nonattainment to attainment for
the 1997 Annual PM2.5 NAAQS, and as a revision to the
Alabama SIP, the State's 1997 Annual PM2.5 NAAQS maintenance
plan and the on-road motor vehicle insignificance determination for the
Alabama portion of the Area included in that maintenance plan. The
maintenance plan is designed to demonstrate that the Chattanooga TN-GA-
AL Area will continue to attain the 1997 Annual PM2.5 NAAQS
through 2025. EPA's approval of the redesignation request is based on
EPA's determination that the Alabama portion of Chattanooga TN-GA-AL
Area meets the criteria for redesignation set forth in the CAA,
including EPA's determination that the Chattanooga TN-GA-AL Area has
attained and continues to attain the 1997 Annual PM2.5 NAAQS
and that attainment can be maintained through 2025. EPA's analyses of
Alabama's redesignation request and maintenance plan are described in
detail in the November 12, 2014, proposed rule. See 79 FR 67137.
Through this final action, EPA is finding the on-road motor vehicle
insignificance determination for the Alabama portion of the Area
(included in that maintenance plan) adequate for transportation
conformity purposes.
EPA is now taking final action as described above. Additional
background for today's action is set forth in EPA's November 12, 2014,
proposal and is summarized below.
EPA has reviewed the most recent ambient monitoring data, which
indicate that the Chattanooga TN-GA-AL Area continues to attain the
1997 Annual PM2.5 NAAQS beyond the submitted 3-year
attainment period of
[[Page 76237]]
2007-2009. As stated in EPA's November 12, 2014, proposal notice, the
3-year design value of 12.9 [mu]g/m\3\ for the Area for 2007-2009 meets
the NAAQS of 15.0 [mu]g/m\3\. Quality assured and certified data in
EPA's Air Quality System (AQS) for 2013 provide a 3-year design value
of 10.5 [mu]g/m\3\ for the Area for 2011-2013. Furthermore, preliminary
monitoring data for 2014 indicate that the Area is continuing to attain
the 1997 Annual PM2.5 NAAQS. The 2014 preliminary data are
available in AQS although the data are not yet quality assured and
certified.
III. Why is EPA taking these actions?
EPA has determined that the Chattanooga TN-GA-AL Area has attained
the 1997 Annual PM2.5 NAAQS and has also determined that all
other criteria for the redesignation of the Alabama portion of
Chattanooga TN-GA-AL 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 Alabama portion of
Chattanooga TN-GA-AL 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 2025 and is taking final action to approve the
maintenance plan for the Chattanooga TN-GA-AL 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 November
12, 2014, proposed rulemaking. See 79 FR 67137.
IV. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the portion of the Jackson County in Alabama within the Area from
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS.
EPA is modifying the regulatory table in 40 CFR 81.301 to reflect a
designation of attainment for this portion of Jackson County. EPA is
also approving, as a revision to the Alabama SIP, the State's plan for
maintaining the 1997 Annual PM2.5 NAAQS in the Chattanooga
TN-GA-AL Area. The maintenance plan includes the on-road motor vehicle
insignificance determination for direct PM2.5 and NOx for
the Alabama portion of the Chattanooga TN-GA-AL Area and contingency
measures to remedy possible future violations of the 1997 Annual
PM2.5 NAAQS.
V. Final Action
EPA is taking final action to approve the redesignation and change
the legal designation of a portion of Jackson County in Alabama from
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS.
Through this action, EPA is also approving into the Alabama SIP the
1997Annual PM2.5 maintenance plan for the Alabama portion of
the Chattanooga TN-GA-AL Area, which includes an on-road motor vehicle
insignificance finding for direct PM2.5 and NOx for the
Alabama portion of the Chattanooga TN-GA-AL Area. Finally, EPA is
finding the insignificance determination contained in Alabama's April
23, 2013, SIP revision adequate for the purposes of transportation
conformity.
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 Area of
various requirements for the Alabama portion of the Chattanooga TN-GA-
AL 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.
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 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,
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, 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
[[Page 76238]]
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 February 20, 2015. 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: December 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52-APPROVAL & 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 B--Alabama
0
2. Section 52.50(e) is amended by adding an entry for ``1997 Annual
PM2.5 Maintenance Plan for the Alabama portion of
Chattanooga TN-GA-AL Area'' at the end of the table to read as follows:
Sec. 52.50 Identification of plan.
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(e) * * *
EPA-Approved Alabama 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 Portion of Jackson 04/23/13 12/22/14 [Insert
Plan for the Alabama portion of County in the citation of
the Chattanooga TN-GA-AL Area. Chattanooga TN-GA- publication].
AL Area.
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PART 81--DESIGNATION 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. 81.301, the table entitled ``Alabama--1997 Annual
PM2.5 NAAQS'' is amended under ``Chattanooga, TN-GA:'' by
revising the entry for ``Jackson County (part)'' to read as follows:
Sec. 81.301 Alabama.
* * * * *
Alabama--1997 Annual PM2.5 NAAQS
[Primary and secondary]
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Designation \a\ Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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Chattanooga, TN-GA-AL:..................
Jackson County (part)............... 12/22/14 Attainment...............................
The area described by US Census 2000
block group identifier 01-071-9503-
1
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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.
\2\ This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2014-29776 Filed 12-19-14; 8:45 am]
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