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[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Rules and Regulations]
[Pages 76235-76238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29776]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2014-0674; FRL-9920-61-Region 4]

Approval of Implementation Plans and Designation of Areas; 
Alabama; Redesignation of the Alabama Portion of the Chattanooga, 1997 
p.m.2.5 Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

[[Page 76236]]

ACTION: Final rule.

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SUMMARY: On April 23, 2013, the Alabama Department of Environmental 
Management (ADEM), submitted a request to redesignate the Alabama 
portion of the Chattanooga, TN-GA-AL fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Chattanooga TN-GA-AL Area'' or ``Area'') to attainment for the 1997 
Annual PM2.5 National Ambient Air Quality Standards (NAAQS) 
and to approve a State Implementation Plan (SIP) revision containing a 
maintenance plan for the Alabama portion of the Chattanooga TN-GA-AL 
Area. The Alabama portion of the Chattanooga TN-GA-AL Area is comprised 
of a portion of Jackson County in Alabama. EPA is approving the 
redesignation request and the related SIP revision, including the plan 
for maintaining attainment of the 1997 Annual PM2.5 standard 
for the Chattanooga TN-GA-AL Area. EPA is also approving the on-road 
motor vehicle insignificance determination for direct PM2.5 
and nitrogen oxides (NOx) for the Alabama portion of the Chattanooga 
TN-GA-AL Area. On September 14, 2012, and November 13, 2014, Georgia 
and Tennessee (respectively) submitted requests to redesignate the 
Georgia and Tennessee portions of the Chattanooga TN-GA-AL Area. EPA 
will be taking separate action on the requests from Georgia and 
Tennessee.

DATES: This rule is effective December 22, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0674. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. Joydeb Majumder may be 
reached by phone at (404) 562-9121 or via electronic mail at 
majumder.joydeb@epa.gov.

I. What is the Background for the Actions?

    On April 23, 2013, ADEM submitted a request to redesignate the 
Alabama portion of the Chattanooga TN-GA-AL nonattainment area to 
attainment for the 1997 Annual PM2.5 NAAQS and to approve, 
as a revision to the Alabama SIP, a maintenance plan for the Area.\1\ 
On November 12, 2014, EPA proposed to redesignate the Alabama portion 
of Chattanooga TN-GA-AL Area to attainment for the 1997 Annual 
PM2.5 NAAQS, and to approve, as a revision to the Alabama 
SIP, the State's 1997 Annual PM2.5 NAAQS maintenance plan 
and the on-road motor vehicle insignificance determination for direct 
PM2.5 and NOx for the Alabama portion of Chattanooga TN-GA-
AL Area included in that maintenance plan.\2\ See 79 FR 67137. EPA also 
proposed to determine that the Chattanooga TN-GA-AL Area is continuing 
to attain the 1997 Annual PM2.5 NAAQS and that attainment 
can be maintained through 2025. EPA received no adverse comments on the 
November 12, 2014, proposed rulemaking. EPA notes that it inadvertently 
referred to the Area as the ``Chattanooga, TN-GA Area'' in the November 
12, 2014, proposed rulemaking. In today's final rulemaking, EPA is 
clarifying this Area should have been referred to as the ``Chattanooga, 
TN-GA-AL Area'' to account for a correction for the name of this Area 
that was published in the Federal Register on May 5, 2014, at 79 FR 
25508.
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    \1\ EPA designated the Chattanooga TN-GA-AL Area as 
nonattainment for the 1997 Annual PM2.5 NAAQS on January 
5, 2005 (70 FR 944) as supplemented on April 14, 2005 (70 FR 19844).
    \2\ On February 8, 2012, EPA approved, under section 172(c)(3) 
of the Clean Air Act (CAA or Act), Alabama's 2002 base-year 
emissions inventory for the Chattanooga TN-GA-AL Area as part of the 
SIP revision submitted by ADEM to provide for attainment of the 1997 
PM2.5 NAAQS in the Area. See 77 FR 6467.
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    In its November 12, 2014, proposed action, EPA stated that the 
adequacy public comment period on the motor vehicle insignificance 
determination (as contained in Alabama's April 23, 2013, submittal) 
began on September 22, 2014, and closed on October 22, 2014. No 
comments were received during this public comment period, and 
therefore, EPA deems the insignificance determination adequate for the 
purposes of transportation conformity.
    As stated in EPA's November 12, 2014, proposal notice, the 3-year 
design value of 12.9 micrograms per cubic meter ([mu]g/m\3\) for the 
Area for 2007-2009 meets the PM2.5 Annual NAAQS of 15.0 
[mu]g/m\3\. EPA has reviewed the most recent ambient monitoring data, 
which confirms that the Area continues to attain the 1997 Annual 
PM2.5 NAAQS beyond the 3-year attainment period of 2007-
2009.

II. What are the Actions EPA is Taking?

    In today's rulemaking, EPA is approving Alabama's redesignation 
request to change the legal designation of the portion of the Jackson 
County in Alabama within the Area from nonattainment to attainment for 
the 1997 Annual PM2.5 NAAQS, and as a revision to the 
Alabama SIP, the State's 1997 Annual PM2.5 NAAQS maintenance 
plan and the on-road motor vehicle insignificance determination for the 
Alabama portion of the Area included in that maintenance plan. The 
maintenance plan is designed to demonstrate that the Chattanooga TN-GA-
AL Area will continue to attain the 1997 Annual PM2.5 NAAQS 
through 2025. EPA's approval of the redesignation request is based on 
EPA's determination that the Alabama portion of Chattanooga TN-GA-AL 
Area meets the criteria for redesignation set forth in the CAA, 
including EPA's determination that the Chattanooga TN-GA-AL Area has 
attained and continues to attain the 1997 Annual PM2.5 NAAQS 
and that attainment can be maintained through 2025. EPA's analyses of 
Alabama's redesignation request and maintenance plan are described in 
detail in the November 12, 2014, proposed rule. See 79 FR 67137. 
Through this final action, EPA is finding the on-road motor vehicle 
insignificance determination for the Alabama portion of the Area 
(included in that maintenance plan) adequate for transportation 
conformity purposes.
    EPA is now taking final action as described above. Additional 
background for today's action is set forth in EPA's November 12, 2014, 
proposal and is summarized below.
    EPA has reviewed the most recent ambient monitoring data, which 
indicate that the Chattanooga TN-GA-AL Area continues to attain the 
1997 Annual PM2.5 NAAQS beyond the submitted 3-year 
attainment period of

[[Page 76237]]

2007-2009. As stated in EPA's November 12, 2014, proposal notice, the 
3-year design value of 12.9 [mu]g/m\3\ for the Area for 2007-2009 meets 
the NAAQS of 15.0 [mu]g/m\3\. Quality assured and certified data in 
EPA's Air Quality System (AQS) for 2013 provide a 3-year design value 
of 10.5 [mu]g/m\3\ for the Area for 2011-2013. Furthermore, preliminary 
monitoring data for 2014 indicate that the Area is continuing to attain 
the 1997 Annual PM2.5 NAAQS. The 2014 preliminary data are 
available in AQS although the data are not yet quality assured and 
certified.

III. Why is EPA taking these actions?

    EPA has determined that the Chattanooga TN-GA-AL Area has attained 
the 1997 Annual PM2.5 NAAQS and has also determined that all 
other criteria for the redesignation of the Alabama portion of 
Chattanooga TN-GA-AL Area from nonattainment to attainment of the 1997 
Annual PM2.5 NAAQS have been met. See CAA section 
107(d)(3)(E). One of those requirements is that the Alabama portion of 
Chattanooga TN-GA-AL Area has an approved plan demonstrating 
maintenance of the 1997 Annual PM2.5 NAAQS over the ten-year 
period following redesignation. EPA has determined that attainment can 
be maintained through 2025 and is taking final action to approve the 
maintenance plan for the Chattanooga TN-GA-AL Area as meeting the 
requirements of sections 175A and 107(d)(3)(E) of the CAA. The detailed 
rationale for EPA's findings and actions is set forth in the November 
12, 2014, proposed rulemaking. See 79 FR 67137.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of the portion of the Jackson County in Alabama within the Area from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
EPA is modifying the regulatory table in 40 CFR 81.301 to reflect a 
designation of attainment for this portion of Jackson County. EPA is 
also approving, as a revision to the Alabama SIP, the State's plan for 
maintaining the 1997 Annual PM2.5 NAAQS in the Chattanooga 
TN-GA-AL Area. The maintenance plan includes the on-road motor vehicle 
insignificance determination for direct PM2.5 and NOx for 
the Alabama portion of the Chattanooga TN-GA-AL Area and contingency 
measures to remedy possible future violations of the 1997 Annual 
PM2.5 NAAQS.

V. Final Action

    EPA is taking final action to approve the redesignation and change 
the legal designation of a portion of Jackson County in Alabama from 
nonattainment to attainment for the 1997 Annual PM2.5 NAAQS. 
Through this action, EPA is also approving into the Alabama SIP the 
1997Annual PM2.5 maintenance plan for the Alabama portion of 
the Chattanooga TN-GA-AL Area, which includes an on-road motor vehicle 
insignificance finding for direct PM2.5 and NOx for the 
Alabama portion of the Chattanooga TN-GA-AL Area. Finally, EPA is 
finding the insignificance determination contained in Alabama's April 
23, 2013, SIP revision adequate for the purposes of transportation 
conformity.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary due to the 
nature of a redesignation to attainment, which relieves the Area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule grants or 
recognizes an exemption or relieves a restriction, and section 
553(d)(3), which allows an effective date less than 30 days after 
publication as otherwise provided by the agency for good cause found 
and published with the rule. The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. Today's rule, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, today's rule relieves the Area of 
various requirements for the Alabama portion of the Chattanooga TN-GA-
AL Area. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d)(3) for this action to become effective on the date of 
publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory action subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have

[[Page 76238]]

tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), nor will it impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 20, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks.

    Dated: December 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR parts 52 and 81 are amended as follows:

PART 52-APPROVAL & PROMULGATION OF PLANS

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

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

Subpart B--Alabama

0
2. Section 52.50(e) is amended by adding an entry for ``1997 Annual 
PM2.5 Maintenance Plan for the Alabama portion of 
Chattanooga TN-GA-AL Area'' at the end of the table to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance      Portion of Jackson         04/23/13  12/22/14 [Insert
 Plan for the Alabama portion of    County in the                        citation of
 the Chattanooga TN-GA-AL Area.     Chattanooga TN-GA-                   publication].
                                    AL Area.
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PART 81--DESIGNATION FOR AIR QUALITY PLANNING PURPOSES

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

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

0
4. In Sec.  81.301, the table entitled ``Alabama--1997 Annual 
PM2.5 NAAQS'' is amended under ``Chattanooga, TN-GA:'' by 
revising the entry for ``Jackson County (part)'' to read as follows:

Sec.  81.301  Alabama.

* * * * *

                                                            Alabama--1997 Annual PM2.5 NAAQS
                                                                 [Primary and secondary]
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                                                              Designation \a\                                         Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \2\                      Type
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                                                                      * * * * * * *
Chattanooga, TN-GA-AL:..................
    Jackson County (part)...............     12/22/14  Attainment...............................
    The area described by US Census 2000
     block group identifier 01-071-9503-
     1
 
                                                                      * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2014-29776 Filed 12-19-14; 8:45 am]
BILLING CODE 6560-50-P
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