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)
Federal Register Volume 80, Issue 154 (August 11, 2015)
| Page Range | 48036-48041 | |
| FR Document | 2015-19728 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \8\ Georgia used MOVES version 2010b because this was the latest version available at the time that the State submitted its SIP revision. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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 ------------------------------------------------------------------------ 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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
![48036 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
State effective
State citation Title/subject EPA approval date Explanations
date
173–422–031 ................. Vehicle emission in- 7/4/02 8/11/15 [Insert Federal
spection schedules. Register citation].
* * * * * * *
173–422–060 ................. Gasoline vehicle emis- 7/4/02 8/11/15 [Insert Federal
sion standards. Register citation].
173–422–065 ................. Diesel vehicle exhaust 7/4/02 8/11/15 [Insert Federal
emission standards. Register citation].
173–422–070 ................. Gasoline vehicle ex- 7/4/02 8/11/15 [Insert Federal
haust emission test- Register citation].
ing procedures.
173–422–075 ................. Diesel vehicle inspec- 7/4/02 8/11/15 [Insert Federal
tion procedure. Register citation].
* * * * * * *
173–422–160 ................. Fleet and diesel owner 3/31/95 8/11/15 [Insert Federal Except:
vehicle testing re- Register citation]. The part of 173–422–160(3) that says ‘‘of
quirements. twelve or less dollars’’.
* * * * * * *
173–422–190 ................. Emission specialist au- 7/4/02 8/11/15 [Insert Federal
thorization. Register citation].
173–422–195 ................. Listing of authorized 7/4/02 8/11/15 [Insert Federal
emission specialists. Register citation].
* * * * * * *
* * * * * (e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable EPA
geographic or State submittal
Name of SIP provision Approval Comments
nonattainment date date
area
* * * * * * *
8-Hour Ozone 110(a)(1) Maintenance Plan ...................................................... Vancouver ...... 1/17/2007 8/11/2015
[Insert page
number
where the
document
begins].
[FR Doc. 2015–19724 Filed 8–10–15; 8:45 am] SUMMARY: The Environmental Protection Forsyth, Fulton, Gwinnett, Henry,
BILLING CODE 6560–50–P Agency (EPA) is taking direct final Newton, Paulding, and Rockdale). This
action to approve a state action is being taken pursuant to the
implementation plan (SIP) revision Clean Air Act (CAA or Act) and its
ENVIRONMENTAL PROTECTION submitted by the State of Georgia, implementing regulations.
AGENCY through Georgia Environmental DATES: This direct final rule is effective
Protection Division (GA EPD) on October 13, 2015 without further notice,
40 CFR Part 52
February 6, 2015, to address the base unless EPA receives adverse comment
year emissions inventory and emissions by September 10, 2015. If EPA receives
[EPA–R04–OAR–2015–0248; FRL–9932–20– statements requirements for the 2008 8- such comments, it will publish a timely
Region 4] hour ozone national ambient air quality withdrawal of the direct final rule in the
standards (NAAQS) for the Atlanta, Federal Register and inform the public
Approval and Promulgation of
Georgia 2008 8-hour ozone that the rule will not take effect.
Implementation Plans; Georgia;
nonattainment area (hereinafter referred ADDRESSES: Submit your comments,
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Atlanta; Requirements for the 2008 8-
Hour Ozone Standard to as the ‘‘Atlanta Area’’). These identified by Docket ID No. EPA–R04–
requirements apply to all ozone OAR–2015–0248, by one of the
AGENCY: Environmental Protection nonattainment areas. The Atlanta Area following methods:
Agency. is comprised of 15 counties in Atlanta 1. www.regulations.gov: Follow the
(Bartow, Cherokee, Clayton, Cobb, on-line instructions for submitting
ACTION: Direct final rule.
Coweta, DeKalb, Douglas, Fayette, comments.
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![48038 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
each NOX or VOC stationary source 2 comprehensive, accurate, and current area and therefore represents emissions
located within a nonattainment area inventory of actual emissions from all associated with nonattainment
showing the actual emissions of NOX sources of the relevant pollutant or conditions. The emissions inventory is
and VOC from that source. The first pollutants in each ozone non-attainment based on data developed and submitted
statement is due three years from the area. The section 182(a)(1) base year by GA EPD to EPA’s 2011 National
area’s nonattainment designation, and inventory is defined in the SIP Emissions Inventory (NEI), and it
subsequent statements are due at least Requirements Rule as ‘‘a contains data elements consistent with
annually thereafter. Section 182(a)(1) of comprehensive, accurate, current the detail required by 40 CFR part 51,
the CAA requires states with areas inventory of actual emissions from subpart A.7
designated nonattainment for the ozone sources of VOC and NOX emitted within
NAAQS to submit a SIP revision the boundaries of the nonattainment Georgia’s emissions inventory for the
providing a comprehensive, accurate, area as required by CAA section Atlanta Area provides 2011 typical
and current inventory of actual 182(a)(1).’’ See 40 CFR 51.1100(bb). The average summer day emissions for NOX
emissions from all sources of the inventory year must be selected and VOCs for the following general
relevant pollutant or pollutants in such consistent with the baseline year for the source categories: Electric generating
area. NOX and VOCs are the relevant RFP plan as required by 40 CFR unit (EGU) point sources, non-EGU
pollutants because they are the 51.1110(b),5 and the inventory must point sources, nonpoint sources, on-
precursors of ozone. include actual ozone season day road mobile sources, non-road mobile
On February 6, 2015, Georgia emissions as defined in 40 CFR sources, fire events, and biogenics. The
submitted a SIP revision addressing the 51.1100(cc) 6 and contain data elements summer day emissions were calculated
emissions inventory and emissions consistent with the detail required by 40 as the average of emissions during
statements requirements related to the CFR part 51, subpart A. See 40 CFR weekdays in July 2011. A detailed
2008 8-hour ozone NAAQS for the 51.1115(a), (c), (e). In addition, the point discussion of the inventory
Atlanta Area.3 EPA is now taking action source emissions included in the development is located at pages 1
to approve this SIP revision as meeting inventory must be reported according to through 7 of the document entitled
the requirements of sections 110, the point source emissions thresholds of
182(a)(1), and 182(a)(3)(B) of the CAA.4 ‘‘Atlanta Nonattainment Area Emissions
the Air Emissions Reporting Inventory for the 2008 8-Hour Ozone
More information on EPA’s analysis of Requirements (AERR) in 40 CFR part 51,
Georgia SIP revision and how this SIP NAAQS’’ (Inventory Document) in the
subpart A. 40 CFR 51.1115(d). State’s February 6, 2015 submittal and
revision addresses these requirements is Georgia selected 2011 as the base year
provided below. Appendix A of that submittal which is
for the emissions inventory which is the
provided in the docket for this action.
II. Analysis of State’s Submittal year corresponding with the first
triennial inventory under 40 CFR part The table below provides a summary of
a. Base Year Emission Inventory 51, subpart A. This base year is one of the emissions inventory.
As discussed above, section 182(a)(1) the three years of ambient data used to
of the CAA requires areas to submit a designate the Area as a nonattainment
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
2 A state may waive the emission statement 182(a)(2)(C)(i) requirement for states to submit NSR work weekday. The state shall select, subject to EPA
requirement for any class or category of stationary SIP revisions to meet the requirements of CAA approval, the particular month(s) in the ozone
sources which emit less than 25 tons per year of sections 172(c)(5) and 173 within two years after season and the day(s) in the work week to be
VOCs or NOX if the state meets the requirements the date of enactment of the 1990 CAA represented, considering the conditions assumed in
of section 182(a)(3)(B)(ii). Amendments. Id. the development of RFP plans and/or emissions
3 Georgia’s SIP revision also certifies that its SIP- 5 40 CFR 51.1110(b) states that ‘‘at the time of budgets for transportation conformity.’’ 40 CFR
approved state regulation addressing nonattainment designation for the 2008 ozone NAAQS the baseline 51.1100(cc).
new source review for all new stationary sources emissions inventory shall be the emissions 7 Data downloaded from the EPA Emissions
and modified existing stationary sources in the inventory for the most recent calendar year for Inventory System (EIS) from the 2011 NEI was
Atlanta Area, 391–3–1–.03(8)—Permit
which a complete triennial inventory is required to subjected to quality assurance procedures described
Requirements, exceeds the requirements of section
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be submitted to EPA under the provisions of under quality assurance details under 2011 NEI
182(a)(2)(C) for the 2008 8-hour ozone NAAQS.
However, EPA does not believe that the two-year subpart A of this part. States may use an alternative Version 1 Documentation located at http://
deadline contained in CAA section 182(a)(2)(C)(i) baseline emissions inventory provided the state www.epa.gov/ttn/chief/net/
applies to nonattainment NSR SIPs for demonstrates why it is appropriate to use the 2011inventory.html#inventorydoc. The quality
implementing the 8-hour ozone NAAQS. See 80 FR alternative baseline year, and provided that the year assurance and quality control procedures and
12264, 12267 (March 6, 2015); 70 FR 71682, 71683 selected is between the years 2008 to 2012.’’ measures associated with this data are outlined in
(November 29, 2005). The submission of NSR SIPs 6 ‘‘Ozone season day emissions’’ is defined as ‘‘an the State’s EPA-approved Emission Inventory
due on November 15, 1992, satisfied the section average day’s emissions for a typical ozone season Quality Assurance Project Plan.
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TABLE 1—2011 EMISSIONS FOR THE ATLANTA AREA—Continued
[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
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
The emissions reported for the large number, collectively have sources in its emissions inventory.
Atlanta Area reflect the emissions for significant emissions (e.g., dry cleaners, Wildland fires are unplanned,
the 15 counties in the nonattainment service stations). Emissions for these unwanted wild land fires including
area. The inventory contains point sources were obtained from the 2011 unauthorized human-caused fires,
source emissions data for facilities NEI. A detailed account of the nonpoint escaped prescribed fire projects, or other
located within the Area based on sources can be found in Appendix B inadvertent fire situations where the
Geographic Information Systems (GIS) and page 2 of the Inventory Document objective is to put the fire out.
mapping. More detail on the emissions in the Georgia submittal. Prescribed fires are any fires ignited by
for individual sources categories is On-road mobile sources include
management actions to meet specific
provided below and in Appendix A of vehicles used on roads for
objectives related to the reduction of the
the Georgia submittal. transportation of passengers or freight.
Point sources are large, stationary, Georgia developed its on-road emissions biomass potentially available for
identifiable sources of emissions that inventory using EPA’s Motor Vehicle wildfires. Fire event emissions were
release pollutants into the atmosphere. Emissions Simulator (MOVES) model developed by GA EPD using fire records
The EGU point sources emissions for each ozone nonattainment county.8 collected from the Georgia Forestry
inventory was developed from facility- County level on-road modeling was Commission (GFC), when fire activities
specific emissions data. NOX emissions conducted using county-specific vehicle were not included in the GFC database,
were calculated using continuous population and other local data. A military bases and federal agencies
emissions monitoring system data detailed account of the on-road sources (USFS and FWS) records were used. In
which included hourly measurements. can be found in Appendix D and page addition, GA EPD collected detailed
For VOC emissions, GA EPD used 3 of the Inventory Document in the burning records for the Okefenokee area
facility-specific emissions data reported Georgia submittal. which showed burned area per day. A
to the 2011 NEI. These sources are Non-road mobile sources include detailed account of fire event sources
required to submit inventory data vehicles, engines, and equipment used can be found in Appendix A and on
according to the AERR. The non-EGU for construction, agriculture, recreation page 4 of the Inventory Document in the
point source emissions inventory for the and other purposes that do not use the Georgia submittal.
Atlanta Area was developed from non- roadways (e.g., lawn mowers,
construction equipment, railroad Biogenic emission sources are
EGU facility-specific data reported to
locomotives and aircraft). Georgia emissions that come from natural
the 2011 NEI. These sources are
required to submit inventory data obtained emissions for the non-road sources. GA EPD obtained biogenic
according to the AERR. The point mobile sources from the 2011 NEI. emissions for 2011 from the 2011 NEI
source emissions data meets the point Those emissions were estimated using and used the summary of county-
source emissions thresholds of 40 CFR National Mobile Inventory Model specific daily biogenic emissions.9 A
part 51, subpart A. A detailed account (NMIM) with updated NMIM County detailed account of biogenic sources can
of the non-EGU point sources can be Database (NCD) files from GA EPD. A be found in Appendix A and on page 4
found on pages 8 through 12 of the detailed account of the non-road mobile of the Inventory Document in the
Inventory Document in the Georgia sources can be found in Appendix D of Georgia submittal. The table below
submittal. the February 6, 2015, submittal. provides a summary of the 2011 fire
Nonpoint sources are small emission Georgia included 2011 actual event and biogenic emissions for the
stationary sources which, due to their emissions from fire events and biogenic Atlanta Area.
TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA
[Tons per summer]
Fire events Biogenic
County
NOX VOC NOX VOC
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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
8 Georgia used MOVES version 2010b because 9 The emissions were calculated from the Emissions model (SMOKE) with 2011
this was the latest version available at the time that Biogenic Emission Inventory System (BEIS) version meteorological data from the Weather Research
the State submitted its SIP revision. 3.14 model in the Sparse Matrix Operator Kernel Forecasting (WRF) Model.
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TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA—Continued
[Tons per summer]
Fire events Biogenic
County
NOX VOC NOX VOC
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
For the reasons discussed above, EPA statement requirements for the 2008 8- that complies with the provisions of the
has determined that Georgia’s emissions hour ozone NAAQS for the Atlanta Act and applicable federal regulations.
inventory meets the requirements under Area. EPA has concluded that the See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
CAA section 182(a)(1) and the SIP State’s submission meets the Thus, in reviewing SIP submissions,
Requirements Rule for the 2008 8-hour requirements of sections 110 and 182 of EPA’s role is to approve state choices,
ozone NAAQS. the CAA. EPA is publishing this rule provided that they meet the criteria of
without prior proposal because the the CAA. Accordingly, this action
b. Emissions Statements
Agency views this as a noncontroversial merely approves state law as meeting
Pursuant to section 182(a)(3)(B), states submittal and anticipates no adverse federal requirements and does not
with ozone nonattainment areas must comments. However, in the proposed impose additional requirements beyond
require annual emissions statements rules section of this Federal Register those imposed by state law. For that
from NOX and VOC stationary sources publication, EPA is publishing a reason, this action:
within those nonattainment areas. In separate document that will serve as the • Is not a significant regulatory action
1996, EPA incorporated Georgia’s proposal to approve the SIP revision subject to review by the Office of
regulation 391–3–1–.02(6)(a)4, should adverse comments be filed. This Management and Budget under
Emissions Statements, into the SIP. See rule will be effective October 13, 2015 Executive Orders 12866 (58 FR 51735,
61 FR 3819 (February 2, 1996). At that without further notice unless the October 4, 1993) and 13563 (76 FR 3821,
time, this regulation applied to Agency receives adverse comments by January 21, 2011);
stationary sources within Cherokee, September 10, 2015. • does not impose an information
Clayton, Cobb, Coweta, DeKalb, If EPA receives such comments, then collection burden under the provisions
Douglas, Fayette, Forsyth, Fulton, EPA will publish a document of the Paperwork Reduction Act (44
Gwinnett, Henry, Paulding, and withdrawing the final rule and U.S.C. 3501 et seq.);
Rockdale Counties. Georgia informing the public that the rule will • is certified as not having a
subsequently amended the regulation to, not take effect. All adverse comments significant economic impact on a
among other things, include Bartow and received will then be addressed in a substantial number of small entities
Newton Counties thereby covering the subsequent final rule based on the under the Regulatory Flexibility Act (5
entire Atlanta Area. EPA incorporated proposed rule. EPA will not institute a U.S.C. 601 et seq.);
these amendments into the SIP in 2009. second comment period. Parties • does not contain any unfunded
See 74 FR 62249 (November 27, 2009). interested in commenting should do so mandate or significantly or uniquely
In its February 6, 2015, SIP revision, at this time. If no such comments are affect small governments, as described
Georgia certified that this SIP-approved received, the public is advised that this in the Unfunded Mandates Reform Act
regulation 391–3–1–.02(6)(a)(4) meets rule will be effective on October 13, of 1995 (Pub. L. 104–4);
the requirements of section 182(a)(3)(B) 2015 and no further action will be taken • does not have Federalism
for the Area.10 on the proposed rule. implications as specified in Executive
Please note that if EPA receives Order 13132 (64 FR 43255, August 10,
III. Final Action 1999);
adverse comment on an amendment,
EPA is approving the SIP revision paragraph, or section of this rule and if • is not an economically significant
submitted by Georgia on February 6, that provision may be severed from the regulatory action based on health or
2015, addressing the base year remainder of the rule, the Agency may safety risks subject to Executive Order
emissions inventory and emissions adopt as final those provisions of the 13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
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rule that are not the subject of an
10 As discussed in the preamble to the SIP adverse comment. subject to Executive Order 13211 (66 FR
Requirements Rule, a state may rely on emissions 28355, May 22, 2001);
statement rules in force and approved by EPA for IV. Statutory and Executive Order • is not subject to requirements of
the 1997 ozone NAAQS or the 1-hour ozone Reviews Section 12(d) of the National
NAAQS provided that the rules remain adequate
and cover all portions of the 2008 ozone NAAQS Under the CAA, the Administrator is Technology Transfer and Advancement
nonattainment areas. See 80 FR 12291. required to approve a SIP submission Act of 1995 (15 U.S.C. 272 note) because
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![Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations 48041
application of those requirements would States prior to publication of the rule in List of Subjects in 40 CFR Part 52
be inconsistent with the CAA; and the Federal Register. A major rule
• does not provide EPA with the cannot take effect until 60 days after it Environmental protection, Air
discretionary authority to address, as is published in the Federal Register. pollution control, Incorporation by
appropriate, disproportionate human This action is not a ‘‘major rule’’ as reference, Intergovernmental relations,
health or environmental effects, using defined by 5 U.S.C. 804(2). Nitrogen dioxide, Ozone, Reporting and
practicable and legally permissible recordkeeping requirements, Volatile
Under section 307(b)(1) of the CAA, organic compounds.
methods, under Executive Order 12898
petitions for judicial review of this
(59 FR 7629, February 16, 1994). Dated: July 30, 2015.
In addition, the SIP is not approved action must be filed in the United States
Court of Appeals for the appropriate Heather McTeer Toney,
to apply on any Indian reservation land
or in any other area where EPA or an circuit by October 13, 2015. Filing a Regional Administrator, Region 4.
Indian tribe has demonstrated that a petition for reconsideration by the
Administrator of this final rule does not 40 CFR part 52 is amended as follows:
tribe has jurisdiction. In those areas of
Indian country, the rule does not have affect the finality of this action for the
PART 52—APPROVAL AND
tribal implications as specified by purposes of judicial review nor does it
PROMULGATION OF
Executive Order 13175 (65 FR 67249, extend the time within which a petition IMPLEMENTATION PLANS
November 9, 2000), nor will it impose for judicial review may be filed, and
substantial direct costs on tribal shall not postpone the effectiveness of
■ 1. The authority citation for part 52
governments or preempt tribal law. such rule or action. Parties with
continues to read as follows:
The Congressional Review Act, 5 objections to this direct final rule are
U.S.C. 801 et seq., as added by the Small encouraged to file a comment in Authority: 42 U.S.C. 7401 et seq.
Business Regulatory Enforcement response to the parallel notice of
Fairness Act of 1996, generally provides proposed rulemaking for this action Subpart L—Georgia
that before a rule may take effect, the published in the proposed rules section
agency promulgating the rule must of today’s Federal Register, rather than ■ 2. Section 52.570(e), is amended by
submit a rule report, which includes a file an immediate petition for judicial adding an entry for ‘‘Atlanta 2008 8-
copy of the rule, to each House of the review of this direct final rule, so that hour Ozone Marginal Area
Congress and to the Comptroller General EPA can withdraw this direct final rule Requirements’’ at the end of the table to
of the United States. EPA will submit a and address the comment in the read as follows:
report containing this action and other proposed rulemaking. This action may
§ 52.570 Identification of plan.
required information to the U.S. Senate, not be challenged later in proceedings to
the U.S. House of Representatives, and enforce its requirements. See section * * * * *
the Comptroller General of the United 307(b)(2). (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State
submittal EPA Approval
Name of nonregulatory SIP provision Applicable geographic or nonattainment area date/ Explanation
date
effective
date
* * * * * * *
Atlanta 2008 8-hour Ozone Marginal Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 2/6/15 8/11/15; [Insert ci- ....................
Area Requirements. Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, tation of publi-
Newton, Paulding, and Rockdale Counties. cation].
[FR Doc. 2015–19728 Filed 8–10–15; 8:45 am] Atmospheric Administration (NOAA), DATES: This rule is effective 12:01 a.m.,
BILLING CODE 6560–50–P Commerce. local time, August 11, 2015, until 12:01
a.m., local time, January 1, 2016.
ACTION: Temporary rule; closure.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE Britni LaVine, NMFS Southeast
SUMMARY: NMFS implements
National Oceanic and Atmospheric accountability measures (AMs) for the Regional Office, telephone: 727–824–
Administration golden tilefish recreational sector in the 5305, email: britni.lavine@noaa.gov.
exclusive economic zone (EEZ) of the SUPPLEMENTARY INFORMATION: The
50 CFR Part 622 South Atlantic for the 2015 fishing year snapper-grouper fishery of the South
through this temporary rule. NMFS Atlantic includes golden tilefish and is
[Docket No. 120403249–2492–02]
estimates recreational landings of managed under the Fishery
RIN 0648–XE087 golden tilefish in 2015 have exceeded Management Plan for the Snapper-
the recreational annual catch limit Grouper Fishery of the South Atlantic
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Snapper-Grouper Fishery of the South (ACL). Therefore, NMFS closes the Region (FMP). The FMP was prepared
Atlantic; 2015 Recreational golden tilefish recreational sector in the by the South Atlantic Fishery
Accountability Measure and Closure
South Atlantic EEZ on August 11, 2015. Management Council and is
for South Atlantic Golden Tilefish
This closure is necessary to protect the implemented by NMFS under the
AGENCY: National Marine Fisheries golden tilefish resource. authority of the Magnuson-Stevens
Service (NMFS), National Oceanic and Fishery Conservation and Management
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Document Created: 2016-09-27 22:24:58
Document Modified: 2016-09-27 22:24:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| 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] | |
| FR Citation | 80 FR 48036 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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