80 FR 48036 - Approval and Promulgation of Implementation Plans; Georgia; Atlanta; Requirements for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range48036-48041
FR Document2015-19728

The Environmental Protection Agency (EPA) is taking direct final action to approve a state implementation plan (SIP) revision submitted by the State of Georgia, through Georgia Environmental Protection Division (GA EPD) on February 6, 2015, to address the base year emissions inventory and emissions statements requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Atlanta Area''). These requirements apply to all ozone nonattainment areas. The Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48036-48041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0248; FRL-9932-20-Region 4]


Approval and Promulgation of Implementation Plans; Georgia; 
Atlanta; Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a state implementation plan (SIP) revision 
submitted by the State of Georgia, through Georgia Environmental 
Protection Division (GA EPD) on February 6, 2015, to address the base 
year emissions inventory and emissions statements requirements for the 
2008 8-hour ozone national ambient air quality standards (NAAQS) for 
the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter 
referred to as the ``Atlanta Area''). These requirements apply to all 
ozone nonattainment areas. The Atlanta Area is comprised of 15 counties 
in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and 
Rockdale). This action is being taken pursuant to the Clean Air Act 
(CAA or Act) and its implementing regulations.

DATES: This direct final rule is effective October 13, 2015 without 
further notice, unless EPA receives adverse comment by September 10, 
2015. 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-2015-0248, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.

[[Page 48037]]

    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0248, ``Air Regulatory Management 
Section (formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the 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, Chief, Air 
Regulatory Management Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0248. 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 may not be 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 Air Regulatory Management 
Section, Air Planning and Implementation 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 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 concentrations is less 
than or equal to 0.075 ppm. See 40 CFR 50.15. 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 Appendix I of part 
50.
    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 2008 8-hour ozone NAAQS on April 30, 2012 
(effective July 20, 2012) using 2009-2011 ambient air quality data. See 
77 FR 30088 (May 21, 2012). At the time of designation, the Atlanta 
Area was classified as a marginal nonattainment area for the 2008 8-
hour ozone NAAQS. On March 6, 2015, EPA finalized a rule entitled 
``Implementation of the 2008 National Ambient Air Quality Standards for 
Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule) 
that establishes the requirements that state, tribal, and local air 
quality management agencies must meet as they develop implementation 
plans for areas where air quality exceeds the 2008 8-hour ozone 
NAAQS.\1\ See 80 FR 12264. This rule establishes nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA, 
including an attainment date three years after the July 20, 2012, 
effective date, for areas classified as marginal for the 2008 8-hour 
ozone NAAQS. Therefore, the attainment date for the Atlanta Area is 
July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, Georgia was required to 
develop a SIP revision addressing certain CAA requirements for areas 
designated nonattainment. Specifically, pursuant to CAA sections 
182(a)(1) and 182(a)(3)(B), Georgia was required to submit a SIP 
revision addressing the emissions inventory and emissions statements 
requirements, respectively.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of

[[Page 48038]]

each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first statement is due three years from the 
area's nonattainment designation, and subsequent statements are due at 
least annually thereafter. Section 182(a)(1) of the CAA requires states 
with areas designated nonattainment for the ozone NAAQS to submit a SIP 
revision providing a comprehensive, accurate, and current inventory of 
actual emissions from all sources of the relevant pollutant or 
pollutants in such area. NOX and VOCs are the relevant 
pollutants because they are the precursors of ozone.
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    \2\ A state may waive the emission statement requirement for any 
class or category of stationary sources which emit less than 25 tons 
per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On February 6, 2015, Georgia submitted a SIP revision addressing 
the emissions inventory and emissions statements requirements related 
to the 2008 8-hour ozone NAAQS for the Atlanta Area.\3\ EPA is now 
taking action to approve this SIP revision as meeting the requirements 
of sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA.\4\ More 
information on EPA's analysis of Georgia SIP revision and how this SIP 
revision addresses these requirements is provided below.
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    \3\ Georgia's SIP revision also certifies that its SIP-approved 
state regulation addressing nonattainment new source review for all 
new stationary sources and modified existing stationary sources in 
the Atlanta Area, 391-3-1-.03(8)--Permit Requirements, exceeds the 
requirements of section 182(a)(2)(C) for the 2008 8-hour ozone 
NAAQS. However, EPA does not believe that the two-year deadline 
contained in CAA section 182(a)(2)(C)(i) applies to nonattainment 
NSR SIPs for implementing the 8-hour ozone NAAQS. See 80 FR 12264, 
12267 (March 6, 2015); 70 FR 71682, 71683 (November 29, 2005). The 
submission of NSR SIPs due on November 15, 1992, satisfied the 
section 182(a)(2)(C)(i) requirement for states to submit NSR SIP 
revisions to meet the requirements of CAA sections 172(c)(5) and 173 
within two years after the date of enactment of the 1990 CAA 
Amendments. Id.
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II. Analysis of State's Submittal

a. Base Year Emission Inventory

    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 
each ozone non-attainment area. The section 182(a)(1) base year 
inventory is defined in the SIP Requirements Rule as ``a comprehensive, 
accurate, current inventory of actual emissions from sources of VOC and 
NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1110(b),\5\ and the inventory 
must include actual ozone season day emissions as defined in 40 CFR 
51.1100(cc) \6\ and contain data elements consistent with the detail 
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). 
In addition, the point source emissions included in the inventory must 
be reported according to the point source emissions thresholds of the 
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart 
A. 40 CFR 51.1115(d).
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    \5\ 40 CFR 51.1110(b) states that ``at the time of designation 
for the 2008 ozone NAAQS the baseline emissions inventory shall be 
the emissions inventory for the most recent calendar year for which 
a complete triennial inventory is required to be submitted to EPA 
under the provisions of subpart A of this part. States may use an 
alternative baseline emissions inventory provided the state 
demonstrates why it is appropriate to use the alternative baseline 
year, and provided that the year selected is between the years 2008 
to 2012.''
    \6\ ``Ozone season day emissions'' is defined as ``an average 
day's emissions for a typical ozone season work weekday. The state 
shall select, subject to EPA approval, the particular month(s) in 
the ozone season and the day(s) in the work week to be represented, 
considering the conditions assumed in the development of RFP plans 
and/or emissions budgets for transportation conformity.'' 40 CFR 
51.1100(cc).
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    Georgia selected 2011 as the base year for the emissions inventory 
which is the year corresponding with the first triennial inventory 
under 40 CFR part 51, subpart A. This base year is one of the three 
years of ambient data used to designate the Area as a nonattainment 
area and therefore represents emissions associated with nonattainment 
conditions. The emissions inventory is based on data developed and 
submitted by GA EPD to EPA's 2011 National Emissions Inventory (NEI), 
and it contains data elements consistent with the detail required by 40 
CFR part 51, subpart A.\7\
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    \7\ Data downloaded from the EPA Emissions Inventory System 
(EIS) from the 2011 NEI was subjected to quality assurance 
procedures described under quality assurance details under 2011 NEI 
Version 1 Documentation located at http://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. The quality assurance and quality 
control procedures and measures associated with this data are 
outlined in the State's EPA-approved Emission Inventory Quality 
Assurance Project Plan.
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    Georgia's emissions inventory for the Atlanta Area provides 2011 
typical average summer day emissions for NOX and VOCs for 
the following general source categories: Electric generating unit (EGU) 
point sources, non-EGU point sources, nonpoint sources, on-road mobile 
sources, non-road mobile sources, fire events, and biogenics. The 
summer day emissions were calculated as the average of emissions during 
weekdays in July 2011. A detailed discussion of the inventory 
development is located at pages 1 through 7 of the document entitled 
``Atlanta Nonattainment Area Emissions Inventory for the 2008 8-Hour 
Ozone NAAQS'' (Inventory Document) in the State's February 6, 2015 
submittal and Appendix A of that submittal which is provided in the 
docket for this action. The table below provides a summary of the 
emissions inventory.

                                                      Table 1--2011 Emissions for the Atlanta Area
                                                                  [Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  County                          Point-EGU           Point-non-EGU           Nonpoint               On-road              Non-road
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               NOX        VOC        NOX        VOC        NOX        VOC        NOX        VOC        NOX        VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bartow....................................      16.85       0.70       0.54       0.36       0.17       4.09      11.18       4.52       3.48       2.22
Cherokee..................................       0.00       0.00       0.09       0.24       0.12       5.36       8.53       4.73       3.49       2.72
Clayton...................................       0.00       0.00       0.28       0.73       0.19       7.01      11.60       5.86      15.84       4.33
Cobb......................................       8.84       0.10       0.57       0.74       0.69      20.49      26.86      15.83      11.15      10.26
Coweta....................................      19.45       0.21       0.09       0.16       0.12       3.71       6.67       2.94       2.39       1.17
DeKalb....................................       0.00       0.00       0.35       3.00       0.65      20.51      29.24      14.29       7.68       4.25
Douglas...................................       0.00       0.00       0.00       0.00       0.08       4.12       6.39       3.09       1.56       0.80
Fayette...................................       0.00       0.00       0.02       0.07       0.09       2.92       3.86       2.42       1.96       1.67
Forsyth...................................       0.00       0.00       0.07       0.25       0.11       4.72       7.62       3.89       3.36       4.27
Fulton....................................       0.00       0.00       1.18       0.68       1.38      26.97      47.49      21.46      17.53      10.06

[[Page 48039]]

 
Gwinnett..................................       0.00       0.00       0.00       0.16       0.67      24.03      30.64      16.74      14.37      13.97
Henry.....................................       0.00       0.00       6.11       1.54       0.11       4.67       9.86       4.61       4.03       1.87
Newton....................................       0.00       0.00       0.07       1.06       0.10       3.08       6.49       3.71       1.70       1.15
Paulding..................................       0.00       0.00       0.00       0.00       0.07       3.05       4.41       2.61       2.20       0.95
Rockdale..................................       0.00       0.00       0.14       0.35       0.09       2.34       4.14       1.92       1.19       0.88
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................      45.14       1.01       9.49       9.35       4.63     137.06     214.98     108.62      91.92      60.56
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    The emissions reported for the Atlanta Area reflect the emissions 
for the 15 counties in the nonattainment area. The inventory contains 
point source emissions data for facilities located within the Area 
based on Geographic Information Systems (GIS) mapping. More detail on 
the emissions for individual sources categories is provided below and 
in Appendix A of the Georgia submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. The EGU point 
sources emissions inventory was developed from facility-specific 
emissions data. NOX emissions were calculated using 
continuous emissions monitoring system data which included hourly 
measurements. For VOC emissions, GA EPD used facility-specific 
emissions data reported to the 2011 NEI. These sources are required to 
submit inventory data according to the AERR. The non-EGU point source 
emissions inventory for the Atlanta Area was developed from non-EGU 
facility-specific data reported to the 2011 NEI. These sources are 
required to submit inventory data according to the AERR. The point 
source emissions data meets the point source emissions thresholds of 40 
CFR part 51, subpart A. A detailed account of the non-EGU point sources 
can be found on pages 8 through 12 of the Inventory Document in the 
Georgia submittal.
    Nonpoint sources are small emission stationary sources which, due 
to their large number, collectively have significant emissions (e.g., 
dry cleaners, service stations). Emissions for these sources were 
obtained from the 2011 NEI. A detailed account of the nonpoint sources 
can be found in Appendix B and page 2 of the Inventory Document in the 
Georgia submittal.
    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. Georgia developed its on-road 
emissions inventory using EPA's Motor Vehicle Emissions Simulator 
(MOVES) model for each ozone nonattainment county.\8\ County level on-
road modeling was conducted using county-specific vehicle population 
and other local data. A detailed account of the on-road sources can be 
found in Appendix D and page 3 of the Inventory Document in the Georgia 
submittal.
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    \8\ Georgia used MOVES version 2010b because this was the latest 
version available at the time that the State submitted its SIP 
revision.
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    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation and other purposes that 
do not use the roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives and aircraft). Georgia obtained emissions for the 
non-road mobile sources from the 2011 NEI. Those emissions were 
estimated using National Mobile Inventory Model (NMIM) with updated 
NMIM County Database (NCD) files from GA EPD. A detailed account of the 
non-road mobile sources can be found in Appendix D of the February 6, 
2015, submittal.
    Georgia included 2011 actual emissions from fire events and 
biogenic sources in its emissions inventory. Wildland fires are 
unplanned, unwanted wild land fires including unauthorized human-caused 
fires, escaped prescribed fire projects, or other inadvertent fire 
situations where the objective is to put the fire out. Prescribed fires 
are any fires ignited by management actions to meet specific objectives 
related to the reduction of the biomass potentially available for 
wildfires. Fire event emissions were developed by GA EPD using fire 
records collected from the Georgia Forestry Commission (GFC), when fire 
activities were not included in the GFC database, military bases and 
federal agencies (USFS and FWS) records were used. In addition, GA EPD 
collected detailed burning records for the Okefenokee area which showed 
burned area per day. A detailed account of fire event sources can be 
found in Appendix A and on page 4 of the Inventory Document in the 
Georgia submittal.
    Biogenic emission sources are emissions that come from natural 
sources. GA EPD obtained biogenic emissions for 2011 from the 2011 NEI 
and used the summary of county-specific daily biogenic emissions.\9\ A 
detailed account of biogenic sources can be found in Appendix A and on 
page 4 of the Inventory Document in the Georgia submittal. The table 
below provides a summary of the 2011 fire event and biogenic emissions 
for the Atlanta Area.
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    \9\ The emissions were calculated from the Biogenic Emission 
Inventory System (BEIS) version 3.14 model in the Sparse Matrix 
Operator Kernel Emissions model (SMOKE) with 2011 meteorological 
data from the Weather Research Forecasting (WRF) Model.

  Table 2-2011--Fire Event and Biogenic Emissions for the Atlanta Area
                            [Tons per summer]
------------------------------------------------------------------------
                                   Fire events            Biogenic
           County            -------------------------------------------
                                 NOX        VOC        NOX        VOC
------------------------------------------------------------------------
Bartow......................       0.00       0.00       0.34      88.53
Cherokee....................       0.00       0.00       0.17      85.92
Clayton.....................       0.00       0.00       0.19      32.40

[[Page 48040]]

 
Cobb........................       0.00       0.00       0.31      63.54
Coweta......................       0.00       0.00       0.26      83.79
DeKalb......................       0.00       0.00       0.20      46.69
Douglas.....................       0.00       0.00       0.15      49.86
Fayette.....................       0.00       0.00       0.18      46.12
Forsyth.....................       0.00       0.00       0.18      47.93
Fulton......................       0.00       0.00       0.30      77.42
Gwinnett....................       0.00       0.00       0.38      76.09
Henry.......................       0.00       0.00       0.25      53.31
Newton......................       0.00       0.00       0.20      56.67
Paulding....................       0.00       0.00       0.17      66.80
Rockdale....................       0.00       0.00       0.18      39.80
                             -------------------------------------------
    Total...................       0.00       0.00       3.45     914.88
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    For the reasons discussed above, EPA has determined that Georgia's 
emissions inventory meets the requirements under CAA section 182(a)(1) 
and the SIP Requirements Rule for the 2008 8-hour ozone NAAQS.

b. Emissions Statements

    Pursuant to section 182(a)(3)(B), states with ozone nonattainment 
areas must require annual emissions statements from NOX and 
VOC stationary sources within those nonattainment areas. In 1996, EPA 
incorporated Georgia's regulation 391-3-1-.02(6)(a)4, Emissions 
Statements, into the SIP. See 61 FR 3819 (February 2, 1996). At that 
time, this regulation applied to stationary sources within Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia subsequently 
amended the regulation to, among other things, include Bartow and 
Newton Counties thereby covering the entire Atlanta Area. EPA 
incorporated these amendments into the SIP in 2009. See 74 FR 62249 
(November 27, 2009). In its February 6, 2015, SIP revision, Georgia 
certified that this SIP-approved regulation 391-3-1-.02(6)(a)(4) meets 
the requirements of section 182(a)(3)(B) for the Area.\10\
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    \10\ As discussed in the preamble to the SIP Requirements Rule, 
a state may rely on emissions statement rules in force and approved 
by EPA for the 1997 ozone NAAQS or the 1-hour ozone NAAQS provided 
that the rules remain adequate and cover all portions of the 2008 
ozone NAAQS nonattainment areas. See 80 FR 12291.
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III. Final Action

    EPA is approving the SIP revision submitted by Georgia on February 
6, 2015, addressing the base year emissions inventory and emissions 
statement requirements for the 2008 8-hour ozone NAAQS for the Atlanta 
Area. EPA has concluded that the State's submission meets the 
requirements of sections 110 and 182 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 October 13, 2015 without further 
notice unless the Agency receives adverse comments by September 10, 
2015.
    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 adverse 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 October 13, 2015 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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. See 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 48041]]

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, 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 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 October 13, 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. 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: July 30, 2015.
Heather McTeer Toney,
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 an entry for ``Atlanta 2008 
8-hour Ozone Marginal Area Requirements'' at the end of the table to 
read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                                  State
                                                                submittal
 Name of nonregulatory SIP provision   Applicable geographic      date/        EPA Approval date     Explanation
                                       or nonattainment area    effective
                                                                   date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Atlanta 2008 8-hour Ozone Marginal    Bartow, Cherokee,             2/6/15  8/11/15; [Insert         ...........
 Area Requirements.                    Clayton, Cobb, Coweta,                citation of
                                       DeKalb, Douglas,                      publication].
                                       Fayette, Forsyth,
                                       Fulton, Gwinnett,
                                       Henry, Newton,
                                       Paulding, and Rockdale
                                       Counties.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-19728 Filed 8-10-15; 8:45 am]
 BILLING CODE 6560-50-P


80_FR_48190
Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective October 13, 2015 without further notice, unless EPA receives adverse comment by September 10, 2015. 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.
ContactTiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected]
FR Citation80 FR 48036 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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