81 FR 83156 - Air Quality Plan; Georgia; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83156-83157 | |
| FR Document | 2016-27857 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83156-83157] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27857] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0425; FRL-9955-32-Region 4] Air Quality Plan; Georgia; Infrastructure Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a portion of the State Implementation Plan (SIP) submission, submitted by the State of Georgia, through the Georgia Department of Natural Resources, Environmental Protection Division, on December 14, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure SIP submission.'' Georgia certified that its SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Georgia. EPA is approving portions of Georgia's infrastructure SIP submission, provided to EPA on December 14, 2015, as satisfying certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule will be effective December 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0425. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the 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 via electronic mail at [email protected] or via telephone at (404) 562-9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR 3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published on August 23, 2016 (81 FR 57544), EPA proposed to approve portions of Georgia's December 14, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA did not propose any action. On July 11, 2016, EPA published a proposed rule related to the prong 4 element of Georgia's December 14, 2015, SIP submission for the 2012 PM2.5 NAAQS. See 81 FR 44831. EPA will consider final action on the prong 4 element of Georgia's March 25, 2013, SIP submission for the 2012 PM2.5 NAAQS through a separate rulemaking. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA is considering this portion of Georgia's December 14, 2015, submission through a separate rulemaking. The details of Georgia's submission and the rationale for EPA's actions for this final rule are explained in the August 23, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before September 22, 2016. EPA received no adverse comments. II. Final Action EPA is taking final action to approve Georgia's infrastructure submission submitted on December 14, 2015, for the 2012 Annual PM2.5 NAAQS for the infrastructure SIP requirements, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4). EPA is taking final action to approve all other elements of Georgia's infrastructure SIP submissions for the 2012 Annual PM2.5 NAAQS because the submission is consistent with section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission [[Page 83157]] 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 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 January 20, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 3, 2016. 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. In Sec. 52.570, the table in paragraph (e) is amended by adding the entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS'' at the end of the table to read as follows: Sec. 52. 570 Identification of plan. * * * * * (e) * * * EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Georgia............ 12/14/2015 11/21/2016, [insert With the exception Requirements for the 2012 Annual Federal Register of sections PM2.5 NAAQS. citation]. 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-27857 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![83156 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
Dated: October 18, 2016. that each state adopt and submit a SIP 78 FR 3086 (January 15, 2013). Pursuant
Alexis Strauss, for the implementation, maintenance to section 110(a)(1) of the CAA, states
Acting Regional Administrator, Region IX. and enforcement of each NAAQS are required to submit SIPs meeting the
Part 52, chapter I, title 40 of the Code promulgated by EPA, which is applicable requirements of section
of Federal Regulations is amended as commonly referred to as an 110(a)(2) within three years after
‘‘infrastructure SIP submission.’’ promulgation of a new or revised
follows:
Georgia certified that its SIP contains NAAQS or within such shorter period
PART 52—APPROVAL AND provisions that ensure the 2012 Annual as EPA may prescribe. Section 110(a)(2)
PROMULGATION OF PM2.5 NAAQS is implemented, requires states to address basic SIP
IMPLEMENTATION PLANS enforced, and maintained in Georgia. elements such as requirements for
EPA is approving portions of Georgia’s monitoring, basic program requirements
■ 1. The authority citation for part 52 infrastructure SIP submission, provided and legal authority that are designed to
continues to read as follows: to EPA on December 14, 2015, as assure attainment and maintenance of
Authority: 42 U.S.C. 7401 et seq.
satisfying certain required infrastructure the NAAQS. States were required to
elements for the 2012 Annual PM2.5 submit such SIPs for the 2012 Annual
Subpart F—California NAAQS. PM2.5 NAAQS to EPA no later than
DATES: This rule will be effective December 14, 2015.
■ 2. Section 52.220 is amended by December 21, 2016. In a proposed rulemaking published
adding paragraph (c)(482) to read as on August 23, 2016 (81 FR 57544), EPA
ADDRESSES: EPA has established a
follows: proposed to approve portions of
docket for this action under Docket
Georgia’s December 14, 2015, SIP
§ 52.220 Identification of plan—in part. Identification No. EPA–R04–OAR–
submission for the 2012 Annual PM2.5
* * * * * 2014–0425. All documents in the docket
NAAQS, with the exception of the
are listed on the www.regulations.gov
(c) * * * interstate transport requirements of
Web site. Although listed in the index,
(482) New regulations for the section 110(a)(2)(D)(i)(I) and (II) (prongs
some information is not publicly
following APCDs were submitted on 1, 2, and 4), for which EPA did not
available, i.e., Confidential Business
September 5, 2014 by the Governor’s propose any action. On July 11, 2016,
Information or other information whose
designee. EPA published a proposed rule related
disclosure is restricted by statute.
(i) Incorporation by reference. to the prong 4 element of Georgia’s
Certain other material, such as
(A) South Coast Air Quality December 14, 2015, SIP submission for
copyrighted material, is not placed on
Management District. the 2012 PM2.5 NAAQS. See 81 FR
the Internet and will be publicly
(1) Rule 2449, ‘‘Control of Oxides of 44831. EPA will consider final action on
available only in hard copy form.
Nitrogen Emissions from Off-Road the prong 4 element of Georgia’s March
Publicly available docket materials are 25, 2013, SIP submission for the 2012
Diesel Vehicles,’’ amended on July 11,
available either electronically through PM2.5 NAAQS through a separate
2014.
www.regulations.gov or in hard copy at rulemaking. With respect to the
* * * * * the Air Regulatory Management Section,
[FR Doc. 2016–27853 Filed 11–18–16; 8:45 am] interstate transport requirements of
Air Planning and Implementation section 110(a)(2)(D)(i)(I) (prongs 1 and
BILLING CODE 6560–50–P Branch, Air, Pesticides and Toxics 2), EPA is considering this portion of
Management Division, U.S. Georgia’s December 14, 2015,
Environmental Protection Agency, submission through a separate
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW.,
AGENCY rulemaking. The details of Georgia’s
Atlanta, Georgia 30303–8960. EPA submission and the rationale for EPA’s
40 CFR Part 52 requests that if at all possible, you actions for this final rule are explained
contact the person listed in the FOR in the August 23, 2016, proposed
[EPA–R04–OAR–2014–0425; FRL–9955–32- FURTHER INFORMATION CONTACT section to
Region 4] rulemaking. Comments on the proposed
schedule your inspection. The Regional rulemaking were due on or before
Office’s official hours of business are September 22, 2016. EPA received no
Air Quality Plan; Georgia;
Monday through Friday, 8:30 a.m. to adverse comments.
Infrastructure Requirements for the
4:30 p.m., excluding federal holidays.
2012 PM2.5 NAAQS II. Final Action
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Tiereny Bell, Air Regulatory EPA is taking final action to approve
Agency. Management Section, Air Planning and Georgia’s infrastructure submission
ACTION:Final rule. Implementation Branch, Air, Pesticides submitted on December 14, 2015, for the
and Toxics Management Division, U.S. 2012 Annual PM2.5 NAAQS for the
SUMMARY: The Environmental Protection Environmental Protection Agency, infrastructure SIP requirements, with
Agency (EPA) is taking final action to Region 4, 61 Forsyth Street SW., the exception of the interstate transport
approve a portion of the State Atlanta, Georgia 30303–8960. Ms. Bell requirements of section 110(a)(2)(D)(i)(I)
Implementation Plan (SIP) submission, can be reached via electronic mail at and (II) (prongs 1, 2 and 4). EPA is
submitted by the State of Georgia, bell.tiereny@epa.gov or via telephone at taking final action to approve all other
through the Georgia Department of (404) 562–9088. elements of Georgia’s infrastructure SIP
asabaliauskas on DSK3SPTVN1PROD with RULES
Natural Resources, Environmental SUPPLEMENTARY INFORMATION: submissions for the 2012 Annual PM2.5
Protection Division, on December 14, NAAQS because the submission is
2015, to demonstrate that the State I. Background and Overview
consistent with section 110 of the CAA.
meets the infrastructure requirements of On December 14, 2012, EPA
the Clean Air Act (CAA or Act) for the promulgated a revised primary annual III. Statutory and Executive Order
2012 annual fine particulate matter PM2.5 NAAQS. The standard was Reviews
(PM2.5) national ambient air quality strengthened from 15.0 micrograms per Under the CAA, the Administrator is
standard (NAAQS). The CAA requires cubic meter (mg/m3) to 12.0 mg/m3. See required to approve a SIP submission
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![Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83157
that complies with the provisions of the Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the
Act and applicable federal regulations. application of those requirements would Administrator of this final rule does not
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). be inconsistent with the CAA; and affect the finality of this action for the
Thus, in reviewing SIP submissions, • Does not provide EPA with the purposes of judicial review nor does it
EPA’s role is to approve state choices, discretionary authority to address, as extend the time within which a petition
provided that they meet the criteria of appropriate, disproportionate human for judicial review may be filed, and
the CAA. Accordingly, this action health or environmental effects, using shall not postpone the effectiveness of
merely approves state law as meeting practicable and legally permissible such rule or action. This action may not
federal requirements and does not methods, under Executive Order 12898 be challenged later in proceedings to
impose additional requirements beyond (59 FR 7629, February 16, 1994). enforce its requirements. See section
those imposed by state law. For that In addition, the SIP is not approved 307(b)(2).
reason, this action: to apply on any Indian reservation land
• Is not a significant regulatory action or in any other area where EPA or an List of Subjects in 40 CFR Part 52
subject to review by the Office of Indian tribe has demonstrated that a Environmental protection, Air
Management and Budget under tribe has jurisdiction. In those areas of pollution control, Incorporation by
Executive Orders 12866 (58 FR 51735, Indian country, the rule does not have reference, Intergovernmental relations,
October 4, 1993) and 13563 (76 FR 3821, tribal implications as specified by
Particulate matter, Reporting and
January 21, 2011); Executive Order 13175 (65 FR 67249,
recordkeeping requirements, Volatile
• Does not impose an information November 9, 2000), nor will it impose
organic compounds.
collection burden under the provisions substantial direct costs on tribal
of the Paperwork Reduction Act (44 governments or preempt tribal law. Dated: November 3, 2016.
U.S.C. 3501 et seq.); The Congressional Review Act, 5 Heather McTeer Toney,
• Is certified as not having a U.S.C. 801 et seq., as added by the Small Regional Administrator, Region 4.
significant economic impact on a Business Regulatory Enforcement
substantial number of small entities Fairness Act of 1996, generally provides 40 CFR part 52 is amended as follows:
under the Regulatory Flexibility Act (5 that before a rule may take effect, the
agency promulgating the rule must PART 52—APPROVAL AND
U.S.C. 601 et seq.); PROMULGATION OF
• Does not contain any unfunded submit a rule report, which includes a
IMPLEMENTATION PLANS
mandate or significantly or uniquely copy of the rule, to each House of the
affect small governments, as described Congress and to the Comptroller General
of the United States. EPA will submit a ■ 1. The authority citation for part 52
in the Unfunded Mandates Reform Act
report containing this action and other continues to read as follows:
of 1995 (Pub. L. 104–4);
• Does not have Federalism required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq.
implications as specified in Executive the U.S. House of Representatives, and
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United Subpart L—Georgia
1999); States prior to publication of the rule in
• Is not an economically significant the Federal Register. A major rule ■ 2. In § 52.570, the table in paragraph
regulatory action based on health or cannot take effect until 60 days after it (e) is amended by adding the entry
safety risks subject to Executive Order is published in the Federal Register. ‘‘110(a)(1) and (2) Infrastructure
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as Requirements for the 2012 Annual PM2.5
• Is not a significant regulatory action defined by 5 U.S.C. 804(2). NAAQS’’ at the end of the table to read
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, as follows:
28355, May 22, 2001); petitions for judicial review of this
§ 52. 570 Identification of plan.
• Is not subject to requirements of action must be filed in the United States
section 12(d) of the National Court of Appeals for the appropriate * * * * *
Technology Transfer and Advancement circuit by January 20, 2017. Filing a (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State submittal
Name of nonregulatory SIP Applicable geographic or non- date/effective EPA approval date Explanation
provision attainment area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Georgia .................................. 12/14/2015 11/21/2016, [insert Federal With the exception of sections
ture Requirements for the Register citation]. 110(a)(2)(D)(i)(I) and (II)
2012 Annual PM2.5 NAAQS. (prongs 1, 2 and 4).
[FR Doc. 2016–27857 Filed 11–18–16; 8:45 am]
BILLING CODE 6560–50–P
asabaliauskas on DSK3SPTVN1PROD with RULES
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Document Created: 2018-02-14 08:34:05
Document Modified: 2018-02-14 08:34:05
| 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 | Final rule. | |
| Dates | This rule will be effective December 21, 2016. | |
| 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 via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 81 FR 83156 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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