81_FR_9150 81 FR 9114 - Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, GA, 1997 Annual PM2.5

81 FR 9114 - Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, GA, 1997 Annual PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 36 (February 24, 2016)

Page Range9114-9116
FR Document2016-03743

On August 30, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Atlanta, Georgia, fine particulate matter (PM<INF>2.5</INF>) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual PM<INF>2.5</INF> national ambient air quality standards (NAAQS) and a related state implementation plan (SIP) revision containing a maintenance plan for the Atlanta Area. EPA is taking the following separate final actions related to the August 30, 2012, redesignation request and SIP revision: Determining that the Atlanta Area is continuing to attain the 1997 Annual PM<INF>2.5</INF> NAAQS; approving into Georgia's SIP the State's plan for maintaining the 1997 Annual PM<INF>2.5</INF> NAAQS in the Atlanta Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and direct PM<INF>2.5</INF> for the year 2024; and redesignating the Atlanta Area to attainment for the 1997 Annual PM<INF>2.5</INF> NAAQS. Additionally, EPA finds the 2024 MVEBs for the Atlanta Area adequate for the purposes of transportation conformity.

Federal Register, Volume 81 Issue 36 (Wednesday, February 24, 2016)
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9114-9116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03743]



[[Page 9114]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2013-0084; FRL-9942-61- Region 4]


Air Plan Approval and Air Quality Designation; GA; Redesignation 
of the Atlanta, GA, 1997 Annual PM2.5 Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On August 30, 2012, the Georgia Department of Natural 
Resources, through the Georgia Environmental Protection Division (GA 
EPD), submitted a request for the Environmental Protection Agency (EPA) 
to redesignate the Atlanta, Georgia, fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual 
PM2.5 national ambient air quality standards (NAAQS) and a 
related state implementation plan (SIP) revision containing a 
maintenance plan for the Atlanta Area. EPA is taking the following 
separate final actions related to the August 30, 2012, redesignation 
request and SIP revision: Determining that the Atlanta Area is 
continuing to attain the 1997 Annual PM2.5 NAAQS; approving 
into Georgia's SIP the State's plan for maintaining the 1997 Annual 
PM2.5 NAAQS in the Atlanta Area (maintenance plan), 
including the associated motor vehicle emission budgets (MVEBs) for 
nitrogen oxides (NOX) and direct PM2.5 for the 
year 2024; and redesignating the Atlanta Area to attainment for the 
1997 Annual PM2.5 NAAQS. Additionally, EPA finds the 2024 
MVEBs for the Atlanta Area adequate for the purposes of transportation 
conformity.

DATES: This rule is effective February 24, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0084. 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: Joel Huey, 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. Mr. Huey may be reached by phone at (404) 
562-9104 or via electronic mail at huey.joel@epa.gov.

I. What is the background for the actions?

    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006, EPA retained the annual average NAAQS at 15 [mu]g/m\3\ but 
revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year 
average of the 98th percentile of 24-hour concentrations. See 71 FR 
61144.
    On January 5, 2005, and supplemented on April 14, 2005, EPA 
designated the Atlanta Area as nonattainment for the 1997 
PM2.5 NAAQS.\1\ See 70 FR 944 and 70 FR 19844, respectively. 
On November 13, 2009, EPA promulgated designations for the 2006 24-hour 
PM2.5 NAAQS and designated the Atlanta Area as 
unclassifiable/attainment for that standard. See 74 FR 58688. EPA did 
not promulgate designations for the 2006 Annual PM2.5 NAAQS 
because that NAAQS was essentially identical to the 1997 Annual 
PM2.5 NAAQS.
---------------------------------------------------------------------------

    \1\ The Atlanta Area is comprised of twenty whole counties and 
two partial counties in Georgia: Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton, 
and portions of Heard and Putnam Counties.
---------------------------------------------------------------------------

    On August 30, 2012, Georgia submitted a request to EPA for 
redesignation of the Atlanta Area to attainment for the 1997 Annual 
PM2.5 NAAQS and a related SIP revision containing a 
maintenance plan for the Area. In a notice of proposed rulemaking (NPR) 
published on January 11, 2016, EPA proposed to determine that the 
Atlanta Area is continuing to attain the 1997 Annual PM2.5 
NAAQS; to approve, as a revision to the Georgia SIP, the State's 1997 
Annual PM2.5 NAAQS maintenance plan, including the 2024 
MVEBs for NOX and direct PM2.5, for the Atlanta 
Area; and to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS.\2\ See 81 FR 1144. In that notice, EPA 
also notified the public of the status of the Agency's adequacy 
determination for the NOX and direct PM2.5 MVEBs 
for the Area. No adverse comments were received on the January 11, 
2016, proposed rulemaking. The details of Georgia's submittal and the 
rationale for EPA's actions are further explained in the NPR.
---------------------------------------------------------------------------

    \2\ In section IX of EPA's January 11, 2016, NPR, EPA 
inadvertently referenced ``NOX and VOC MVEBs'' where the 
notice should have read ``NOX and PM2.5 
MVEBs,'' consistent with numerous other such references in the 
notice. See 81 FR 1161, 2nd and 3rd columns.
---------------------------------------------------------------------------

II. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of the counties in the Atlanta Area, found at 40 CFR 81.311, from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
Approval of Georgia's associated SIP revision also incorporates a plan 
into the SIP for maintaining the 1997 Annual PM2.5 NAAQS in 
the Atlanta Area as described in the NPR. The maintenance plan 
establishes NOX and direct PM2.5 MVEBs for 2024 
for the Area and includes contingency measures to remedy any future 
violations of the 1997 Annual PM2.5 NAAQS and procedures for 
evaluation of potential violations. The 2024 NOX and 
PM2.5 MVEBs are 44,430 tons per year (tpy) and 2,281 tpy, 
respectively, for the Area.

III. Final Actions

    EPA is taking three separate final actions regarding Georgia's 
request to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS and associated SIP revision. First, EPA 
is determining that the Atlanta Area is continuing to attain the 1997 
Annual PM2.5 NAAQS. Second, EPA is approving and 
incorporating the maintenance plan for the Atlanta Area, including the 
NOX and direct PM2.5 MVEBs for 2024, into the 
Georgia SIP. Third, EPA is determining that Georgia has met the 
criteria under CAA section 107(d)(3)(E) for the Atlanta Area for 
redesignation from nonattainment to

[[Page 9115]]

attainment for the 1997 Annual PM2.5 NAAQS. On this basis, 
EPA is approving Georgia's redesignation request for the 1997 Annual 
PM2.5 NAAQS for the Atlanta Area. As mentioned above, 
approval of the redesignation request changes the official designation 
of the counties in the Atlanta Area for the 1997 Annual 
PM2.5 NAAQS from nonattainment to attainment, as found at 40 
CFR part 81.
    EPA is also notifying the public that EPA finds the newly-
established NOx and direct PM2.5 MVEBs for the Atlanta Area 
adequate for the purpose of transportation conformity. Within 24 months 
from this final rule, the transportation partners must demonstrate 
conformity to the new NOX and direct PM2.5 MVEBs 
pursuant to 40 CFR 93.104(e)(3).
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the Area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule grants or 
recognizes an exemption or relieves a restriction, and section 
553(d)(3), which allows an effective date less than 30 days after 
publication as otherwise provided by the agency for good cause found 
and published with the rule. The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. Today's rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, today's rule relieves the State 
of various requirements for the Atlanta Area. For these reasons, EPA 
finds good cause under 5 U.S.C. 553(d)(3) for this action to become 
effective on the date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory action subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     will not have disproportionate human health or 
environmental effects 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 April 25, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, and Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: February 8, 2016.
Heather McTeer Toney.
Regional Administrator, Region 4.
    40 CFR parts 52 and 81 are amended as follows:

PART 52-APPROVAL AND PROMULGATION OF PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding an entry for ``1997 Annual 
PM2.5 Maintenance Plan for the Atlanta Area'' to the end of 
the table to read as follows:

[[Page 9116]]

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or         State
           provision               nonattainment    submittal date/       EPA approval date         Explanation
                                        area        effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual PM2.5 Maintenance    Barrow, Bartow,           8/30/12  2/24/16 [Insert citation of   ..............
 Plan for the Atlanta Area.       Carroll,                           publication].
                                  Cherokee,
                                  Clayton, Cobb,
                                  Coweta, DeKalb,
                                  Douglas,
                                  Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding,
                                  Rockdale,
                                  Spalding and
                                  Walton Counties
                                  in their
                                  entireties and
                                  portions of
                                  Heard and Putnam
                                  Counties.
----------------------------------------------------------------------------------------------------------------

PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
4. In Sec.  81.311, the table entitled ``Georgia--1997 Annual 
PM2.5 NAAQS'' is amended under ``Atlanta, GA:'' by revising 
the entries for the counties to read as follows:


Sec.  81.311  Georgia

* * * * *

                                        Georgia--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                              Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\              Type              Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Atlanta, GA:
    Barrow County...............         2/24/16  Attainment
    Bartow County...............         2/24/16  Attainment
    Carroll County..............         2/24/16  Attainment
    Cherokee County.............         2/24/16  Attainment
    Clayton County..............         2/24/16  Attainment
    Cobb County.................         2/24/16  Attainment
    Coweta County...............         2/24/16  Attainment
    DeKalb County...............         2/24/16  Attainment
    Douglas County..............         2/24/16  Attainment
    Fayette County..............         2/24/16  Attainment
    Forsyth County..............         2/24/16  Attainment
    Fulton County...............         2/24/16  Attainment
    Gwinnett County.............         2/24/16  Attainment
    Hall County.................         2/24/16  Attainment
    Heard County (part).........         2/24/16  Attainment
        The northeast portion
         that extends north of
         33 degrees 24 minutes
         (north) to the Carroll
         County border and east
         of 85 degrees 3 minutes
         (west) to the Coweta
         County border.
    Henry County................         2/24/16  Attainment
    Newton County...............         2/24/16  Attainment
    Paulding County.............         2/24/16  Attainment
    Putnam County (part)........         2/24/16  Attainment
        The area described by
         U.S. Census 2000 block
         group identifier 13-237-
         9603-1.
    Rockdale County.............         2/24/16  Attainment
    Spalding County.............         2/24/16  Attainment
    Walton County...............         2/24/16  Attainment
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2016-03743 Filed 2-23-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                9114             Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations

                                                ENVIRONMENTAL PROTECTION                                 Air Planning and Implementation                       containing a maintenance plan for the
                                                AGENCY                                                   Branch, Air, Pesticides and Toxics                    Area. In a notice of proposed
                                                                                                         Management Division, U.S.                             rulemaking (NPR) published on January
                                                40 CFR Parts 52 and 81                                   Environmental Protection Agency,                      11, 2016, EPA proposed to determine
                                                [EPA–R04–OAR–2013–0084; FRL–9942–61–                     Region 4, 61 Forsyth Street SW.,                      that the Atlanta Area is continuing to
                                                Region 4]                                                Atlanta, Georgia 30303–8960. EPA                      attain the 1997 Annual PM2.5 NAAQS;
                                                                                                         requests that if at all possible, you                 to approve, as a revision to the Georgia
                                                Air Plan Approval and Air Quality                        contact the person listed in the FOR                  SIP, the State’s 1997 Annual PM2.5
                                                Designation; GA; Redesignation of the                    FURTHER INFORMATION CONTACT section to                NAAQS maintenance plan, including
                                                Atlanta, GA, 1997 Annual PM2.5                           schedule your inspection. The Regional                the 2024 MVEBs for NOX and direct
                                                Nonattainment Area to Attainment                         Office’s official hours of business are               PM2.5, for the Atlanta Area; and to
                                                                                                         Monday through Friday, 8:30 a.m. to                   redesignate the Atlanta Area to
                                                AGENCY:  Environmental Protection                        4:30 p.m., excluding Federal holidays.                attainment for the 1997 Annual PM2.5
                                                Agency (EPA).                                                                                                  NAAQS.2 See 81 FR 1144. In that
                                                                                                         FOR FURTHER INFORMATION CONTACT: Joel
                                                ACTION: Final rule.                                                                                            notice, EPA also notified the public of
                                                                                                         Huey, Air Planning and Implementation
                                                SUMMARY:   On August 30, 2012, the                       Branch, Air, Pesticides and Toxics                    the status of the Agency’s adequacy
                                                Georgia Department of Natural                            Management Division, U.S.                             determination for the NOX and direct
                                                Resources, through the Georgia                           Environmental Protection Agency,                      PM2.5 MVEBs for the Area. No adverse
                                                Environmental Protection Division (GA                    Region 4, 61 Forsyth Street SW.,                      comments were received on the January
                                                EPD), submitted a request for the                        Atlanta, Georgia 30303–8960. Mr. Huey                 11, 2016, proposed rulemaking. The
                                                Environmental Protection Agency (EPA)                    may be reached by phone at (404) 562–                 details of Georgia’s submittal and the
                                                to redesignate the Atlanta, Georgia, fine                9104 or via electronic mail at huey.joel@             rationale for EPA’s actions are further
                                                particulate matter (PM2.5) nonattainment                 epa.gov.                                              explained in the NPR.
                                                area (hereafter referred to as the                       I. What is the background for the                     II. What are the effects of these actions?
                                                ‘‘Atlanta Area’’ or ‘‘Area’’) to attainment              actions?                                                 Approval of the redesignation request
                                                for the 1997 Annual PM2.5 national
                                                                                                            On July 18, 1997, EPA promulgated                  changes the legal designation of the
                                                ambient air quality standards (NAAQS)
                                                                                                         the first air quality standards for PM2.5.            counties in the Atlanta Area, found at
                                                and a related state implementation plan
                                                                                                         EPA promulgated an annual standard at                 40 CFR 81.311, from nonattainment to
                                                (SIP) revision containing a maintenance
                                                                                                         a level of 15 micrograms per cubic meter              attainment for the 1997 Annual PM2.5
                                                plan for the Atlanta Area. EPA is taking
                                                                                                         (mg/m3), based on a 3-year average of                 NAAQS. Approval of Georgia’s
                                                the following separate final actions
                                                                                                         annual mean PM2.5 concentrations. In                  associated SIP revision also incorporates
                                                related to the August 30, 2012,
                                                                                                         the same rulemaking, EPA promulgated                  a plan into the SIP for maintaining the
                                                redesignation request and SIP revision:
                                                                                                         a 24-hour standard of 65 mg/m3, based                 1997 Annual PM2.5 NAAQS in the
                                                Determining that the Atlanta Area is
                                                                                                         on a 3-year average of the 98th                       Atlanta Area as described in the NPR.
                                                continuing to attain the 1997 Annual
                                                                                                         percentile of 24-hour concentrations. On              The maintenance plan establishes NOX
                                                PM2.5 NAAQS; approving into Georgia’s
                                                                                                         October 17, 2006, EPA retained the                    and direct PM2.5 MVEBs for 2024 for the
                                                SIP the State’s plan for maintaining the
                                                                                                         annual average NAAQS at 15 mg/m3 but                  Area and includes contingency
                                                1997 Annual PM2.5 NAAQS in the
                                                                                                         revised the 24-hour NAAQS to 35 mg/                   measures to remedy any future
                                                Atlanta Area (maintenance plan),
                                                                                                         m3, based again on the 3-year average of              violations of the 1997 Annual PM2.5
                                                including the associated motor vehicle
                                                                                                         the 98th percentile of 24-hour                        NAAQS and procedures for evaluation
                                                emission budgets (MVEBs) for nitrogen
                                                                                                         concentrations. See 71 FR 61144.                      of potential violations. The 2024 NOX
                                                oxides (NOX) and direct PM2.5 for the
                                                                                                            On January 5, 2005, and                            and PM2.5 MVEBs are 44,430 tons per
                                                year 2024; and redesignating the Atlanta
                                                                                                         supplemented on April 14, 2005, EPA                   year (tpy) and 2,281 tpy, respectively,
                                                Area to attainment for the 1997 Annual
                                                                                                         designated the Atlanta Area as                        for the Area.
                                                PM2.5 NAAQS. Additionally, EPA finds
                                                the 2024 MVEBs for the Atlanta Area                      nonattainment for the 1997 PM2.5                      III. Final Actions
                                                adequate for the purposes of                             NAAQS.1 See 70 FR 944 and 70 FR
                                                                                                         19844, respectively. On November 13,                     EPA is taking three separate final
                                                transportation conformity.                                                                                     actions regarding Georgia’s request to
                                                                                                         2009, EPA promulgated designations for
                                                DATES: This rule is effective February                                                                         redesignate the Atlanta Area to
                                                                                                         the 2006 24-hour PM2.5 NAAQS and
                                                24, 2016.                                                                                                      attainment for the 1997 Annual PM2.5
                                                                                                         designated the Atlanta Area as
                                                ADDRESSES: EPA has established a                         unclassifiable/attainment for that                    NAAQS and associated SIP revision.
                                                docket for this action under Docket                      standard. See 74 FR 58688. EPA did not                First, EPA is determining that the
                                                Identification No. EPA–R04–OAR–                          promulgate designations for the 2006                  Atlanta Area is continuing to attain the
                                                2013–0084. All documents in the docket                   Annual PM2.5 NAAQS because that                       1997 Annual PM2.5 NAAQS. Second,
                                                are listed on the www.regulations.gov                    NAAQS was essentially identical to the                EPA is approving and incorporating the
                                                Web site. Although listed in the index,                  1997 Annual PM2.5 NAAQS.                              maintenance plan for the Atlanta Area,
                                                some information is not publicly                            On August 30, 2012, Georgia                        including the NOX and direct PM2.5
                                                available, i.e., Confidential Business                   submitted a request to EPA for                        MVEBs for 2024, into the Georgia SIP.
                                                Information or other information whose                   redesignation of the Atlanta Area to                  Third, EPA is determining that Georgia
                                                disclosure is restricted by statute.                     attainment for the 1997 Annual PM2.5                  has met the criteria under CAA section
                                                Certain other material, such as                          NAAQS and a related SIP revision                      107(d)(3)(E) for the Atlanta Area for
mstockstill on DSK4VPTVN1PROD with RULES




                                                copyrighted material, is not placed on                                                                         redesignation from nonattainment to
                                                the Internet and will be publicly                          1 The Atlanta Area is comprised of twenty whole

                                                available only in hard copy form.                        counties and two partial counties in Georgia:           2 In section IX of EPA’s January 11, 2016, NPR,

                                                Publicly available docket materials are                  Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb,     EPA inadvertently referenced ‘‘NOX and VOC
                                                                                                         Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,    MVEBs’’ where the notice should have read ‘‘NOX
                                                available either electronically through                  Gwinnett, Hall, Henry, Newton, Paulding,              and PM2.5 MVEBs,’’ consistent with numerous other
                                                www.regulations.gov or in hard copy at                   Rockdale, Spalding, Walton, and portions of Heard     such references in the notice. See 81 FR 1161, 2nd
                                                the Air Regulatory Management Section,                   and Putnam Counties.                                  and 3rd columns.



                                           VerDate Sep<11>2014    17:16 Feb 23, 2016   Jkt 238001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\24FER1.SGM   24FER1


                                                                 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations                                             9115

                                                attainment for the 1997 Annual PM2.5                     attainment does not in and of itself                  substantial direct costs on tribal
                                                NAAQS. On this basis, EPA is                             impose any new requirements, but                      governments or preempt tribal law.
                                                approving Georgia’s redesignation                        rather results in the application of                     The Congressional Review Act, 5
                                                request for the 1997 Annual PM2.5                        requirements contained in the CAA for                 U.S.C. 801 et seq., as added by the Small
                                                NAAQS for the Atlanta Area. As                           areas that have been redesignated to                  Business Regulatory Enforcement
                                                mentioned above, approval of the                         attainment. Moreover, the Administrator               Fairness Act of 1996, generally provides
                                                redesignation request changes the                        is required to approve a SIP submission               that before a rule may take effect, the
                                                official designation of the counties in                  that complies with the provisions of the              agency promulgating the rule must
                                                the Atlanta Area for the 1997 Annual                     Act and applicable Federal regulations.               submit a rule report, which includes a
                                                PM2.5 NAAQS from nonattainment to                        42 U.S.C. 7410(k); 40 CFR 52.02(a).                   copy of the rule, to each House of the
                                                attainment, as found at 40 CFR part 81.                  Thus, in reviewing SIP submissions,                   Congress and to the Comptroller General
                                                   EPA is also notifying the public that                 EPA’s role is to approve state choices,               of the United States. EPA will submit a
                                                EPA finds the newly-established NOx                      provided that they meet the criteria of               report containing this action and other
                                                and direct PM2.5 MVEBs for the Atlanta                   the CAA. Accordingly, this action                     required information to the U.S. Senate,
                                                Area adequate for the purpose of                         merely approves state law as meeting                  the U.S. House of Representatives, and
                                                transportation conformity. Within 24                     Federal requirements and does not                     the Comptroller General of the United
                                                months from this final rule, the                         impose additional requirements beyond                 States prior to publication of the rule in
                                                transportation partners must                             those imposed by state law. For these                 the Federal Register. A major rule
                                                demonstrate conformity to the new NOX                    reasons, these actions:                               cannot take effect until 60 days after it
                                                and direct PM2.5 MVEBs pursuant to 40                       • Are not a ‘‘significant regulatory               is published in the Federal Register.
                                                CFR 93.104(e)(3).                                        action’’ subject to review by the Office              This action is not a ‘‘major rule’’ as
                                                   In accordance with 5 U.S.C. 553(d),                   of Management and Budget under                        defined by 5 U.S.C. 804(2).
                                                EPA finds that there is good cause for                   Executive Orders 12866 (58 FR 51735,                     Under section 307(b)(1) of the CAA,
                                                this action to become effective                          October 4, 1993) and 13563 (76 FR 3821,               petitions for judicial review of this
                                                immediately upon publication. This is                    January 21, 2011);                                    action must be filed in the United States
                                                because a delayed effective date is                         • do not impose an information                     Court of Appeals for the appropriate
                                                unnecessary due to the nature of a                       collection burden under the provisions                circuit by April 25, 2016. Filing a
                                                redesignation to attainment, which                       of the Paperwork Reduction Act (44                    petition for reconsideration by the
                                                relieves the Area from certain CAA                       U.S.C. 3501 et seq.);                                 Administrator of this final rule does not
                                                requirements that would otherwise                           • are certified as not having a                    affect the finality of this action for the
                                                apply to it. The immediate effective date                significant economic impact on a                      purposes of judicial review nor does it
                                                for this action is authorized under both                 substantial number of small entities                  extend the time within which a petition
                                                5 U.S.C. 553(d)(1), which provides that                  under the Regulatory Flexibility Act (5               for judicial review may be filed, and
                                                rulemaking actions may become                            U.S.C. 601 et seq.);                                  shall not postpone the effectiveness of
                                                effective less than 30 days after                           • do not contain any unfunded                      such rule or action. This action may not
                                                publication if the rule grants or                        mandate or significantly or uniquely                  be challenged later in proceedings to
                                                recognizes an exemption or relieves a                    affect small governments, as described                enforce its requirements. See section
                                                restriction, and section 553(d)(3), which                in the Unfunded Mandates Reform Act                   307(b)(2).
                                                allows an effective date less than 30                    of 1995 (Pub. L. 104–4);                              List of Subjects
                                                days after publication as otherwise                         • do not have Federalism
                                                provided by the agency for good cause                    implications as specified in Executive                40 CFR Part 52
                                                found and published with the rule. The                   Order 13132 (64 FR 43255, August 10,                    Environmental protection, Air
                                                purpose of the 30-day waiting period                     1999);                                                pollution control, Incorporation by
                                                prescribed in section 553(d) is to give                     • are not an economically significant              reference, Intergovernmental relations,
                                                affected parties a reasonable time to                    regulatory action based on health or                  Reporting and recordkeeping
                                                adjust their behavior and prepare before                 safety risks subject to Executive Order               requirements, and Particulate matter.
                                                the final rule takes effect. Today’s rule,               13045 (62 FR 19885, April 23, 1997);
                                                however, does not create any new                            • are not significant regulatory action            40 CFR Part 81
                                                regulatory requirements such that                        subject to Executive Order 13211 (66 FR                 Environmental protection, Air
                                                affected parties would need time to                      28355, May 22, 2001);                                 pollution control, National parks.
                                                prepare before the rule takes effect.                       • are not subject to requirements of
                                                                                                                                                                 Dated: February 8, 2016.
                                                Rather, today’s rule relieves the State of               Section 12(d) of the National
                                                various requirements for the Atlanta                     Technology Transfer and Advancement                   Heather McTeer Toney.
                                                Area. For these reasons, EPA finds good                  Act of 1995 (15 U.S.C. 272 note) because              Regional Administrator, Region 4.
                                                cause under 5 U.S.C. 553(d)(3) for this                  application of those requirements would                 40 CFR parts 52 and 81 are amended
                                                action to become effective on the date of                be inconsistent with the CAA; and,                    as follows:
                                                publication of this action.                                 • will not have disproportionate
                                                                                                         human health or environmental effects                 PART 52–APPROVAL AND
                                                IV. Statutory and Executive Order                        under Executive Order 12898 (59 FR                    PROMULGATION OF PLANS
                                                Reviews                                                  7629, February 16, 1994).                             ■ 1. The authority citation for part 52
                                                  Under the CAA, redesignation of an                        In addition, the SIP is not approved               continues to read as follows:
                                                area to attainment and the                               to apply on any Indian reservation land
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                                                accompanying approval of the                             or in any other area where EPA or an                      Authority: 42 U.S.C. 7401 et seq.
                                                maintenance plan under CAA section                       Indian tribe has demonstrated that a
                                                                                                                                                               Subpart L—Georgia
                                                107(d)(3)(E) are actions that affect the                 tribe has jurisdiction. In those areas of
                                                status of geographical area and do not                   Indian country, the rule does not have                ■ 2. Section 52.570(e) is amended by
                                                impose any additional regulatory                         tribal implications as specified by                   adding an entry for ‘‘1997 Annual PM2.5
                                                requirements on sources beyond those                     Executive Order 13175 (65 FR 67249,                   Maintenance Plan for the Atlanta Area’’
                                                required by state law. A redesignation to                November 9, 2000), nor will it impose                 to the end of the table to read as follows:


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                                                9116                   Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations

                                                § 52.570         Identification of plan.                                               (e) * * *
                                                *         *          *           *        *

                                                                                                                EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
                                                                                                                                                                                                State submittal
                                                                                                                             Applicable geographic or nonattainment
                                                    Name of nonregulatory SIP provision                                                                                                          date/effective            EPA approval date         Explanation
                                                                                                                                              area                                                   date


                                                          *                *                                                       *                    *                                               *                      *                          *
                                                1997 Annual PM2.5 Maintenance Plan for                                     Barrow, Bartow, Carroll, Cherokee, Clay-                                         8/30/12    2/24/16 [Insert citation    ........................
                                                  the Atlanta Area.                                                          ton, Cobb, Coweta, DeKalb, Douglas,                                                         of publication].
                                                                                                                             Fayette, Forsyth, Fulton, Gwinnett,
                                                                                                                             Hall,    Henry,     Newton,   Paulding,
                                                                                                                             Rockdale, Spalding and Walton Coun-
                                                                                                                             ties in their entireties and portions of
                                                                                                                             Heard and Putnam Counties.



                                                PART 81–DESIGNATION OF AREAS                                                           Authority: 42 U.S.C. 7401 et seq.                                      revising the entries for the counties to
                                                FOR AIR QUALITY PLANNING                                                                                                                                      read as follows:
                                                                                                                                   ■  4. In § 81.311, the table entitled
                                                PURPOSES
                                                                                                                                   ‘‘Georgia—1997 Annual PM2.5 NAAQS’’                                        § 81.311      Georgia
                                                ■ 3. The authority citation for part 81                                            is amended under ‘‘Atlanta, GA:’’ by                                       *        *        *     *    *
                                                continues to read as follows:
                                                                                                                                 GEORGIA—1997 ANNUAL PM2.5 NAAQS
                                                                                                                                                      [Primary and secondary]

                                                                                                                                                                                                       Designation a                       Classification
                                                                                                        Designated area
                                                                                                                                                                                              Date 1               Type               Date 2                Type

                                                Atlanta, GA:
                                                    Barrow County ....................................................................................................................           2/24/16     Attainment
                                                    Bartow County ....................................................................................................................           2/24/16     Attainment
                                                    Carroll County .....................................................................................................................         2/24/16     Attainment
                                                    Cherokee County ................................................................................................................             2/24/16     Attainment
                                                    Clayton County ...................................................................................................................           2/24/16     Attainment
                                                    Cobb County .......................................................................................................................          2/24/16     Attainment
                                                    Coweta County ...................................................................................................................            2/24/16     Attainment
                                                    DeKalb County ....................................................................................................................           2/24/16     Attainment
                                                    Douglas County ..................................................................................................................            2/24/16     Attainment
                                                    Fayette County ....................................................................................................................          2/24/16     Attainment
                                                    Forsyth County ....................................................................................................................          2/24/16     Attainment
                                                    Fulton County ......................................................................................................................         2/24/16     Attainment
                                                    Gwinnett County .................................................................................................................            2/24/16     Attainment
                                                    Hall County .........................................................................................................................        2/24/16     Attainment
                                                    Heard County (part) ............................................................................................................             2/24/16     Attainment
                                                         The northeast portion that extends north of 33 degrees 24 minutes (north) to the
                                                           Carroll County border and east of 85 degrees 3 minutes (west) to the Coweta
                                                           County border.
                                                    Henry County ......................................................................................................................          2/24/16     Attainment
                                                    Newton County ...................................................................................................................            2/24/16     Attainment
                                                    Paulding County ..................................................................................................................           2/24/16     Attainment
                                                    Putnam County (part) ..........................................................................................................              2/24/16     Attainment
                                                         The area described by U.S. Census 2000 block group identifier 13–237–9603–1.
                                                    Rockdale County .................................................................................................................            2/24/16     Attainment
                                                    Spalding County ..................................................................................................................           2/24/16     Attainment
                                                    Walton County ....................................................................................................................           2/24/16     Attainment

                                                                             *                              *                              *                              *                       *                         *                  *
                                                    a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                    1 This   date is 90 days after January 5, 2005, unless otherwise noted.
                                                    2 This   date is July 2, 2014, unless otherwise noted.


                                                *         *          *           *        *
                                                [FR Doc. 2016–03743 Filed 2–23–16; 8:45 am]
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                                                BILLING CODE 6560–50–P




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Document Created: 2016-02-23 23:55:26
Document Modified: 2016-02-23 23:55:26
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
ActionFinal rule.
DatesThis rule is effective February 24, 2016.
ContactJoel Huey, 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. Mr. Huey may be reached by phone at (404) 562-9104 or via electronic mail at [email protected]
FR Citation81 FR 9114 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements; Particulate Matter and National Parks

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