[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13191-13196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04413]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0661; FRL-10019-92-Region 4]


Air Plan Approval; GA: Non-Interference Demonstration and 
Maintenance Plan Revision for the Removal of Transportation Control 
Measures in the Atlanta Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by Georgia, through the 
Georgia Environmental Protection Division (GA EPD), on September 16, 
2019, for the purpose of removing certain transportation control 
measures (TCMs) from the SIP for the thirteen counties in the Atlanta, 
Georgia, area. EPA is also approving Georgia's update to the 2008 8-
hour ozone maintenance plan that was submitted in the September 16, 
2019, SIP revision. Specifically, EPA is approving the updated mobile 
emissions inventory,

[[Page 13192]]

the associated 2030 motor vehicle emissions budgets (MVEBs), and the 
measures offsetting the potential emissions increases due to removal of 
the TCMs from the Georgia SIP. This approval is based on the 
determination that this SIP revision will not interfere with attainment 
or maintenance of any national ambient air quality standards (NAAQS or 
standards) or any other Clean Air Act (CAA or Act) requirements.

DATES: This rule is effective April 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2019-0661. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information may not be 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 can either be retrieved 
electronically via 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 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: Dianna Myers, 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. Myers can be reached via telephone at (404) 562-9207 or 
via electronic mail at <a href="/cdn-cgi/l/email-protection#4d0034283f3e6309242c23232c0d283d2c632a223b"><span class="__cf_email__" data-cfemail="f1bc88948382dfb598909f9f90b1948190df969e87">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What is the background for this action?

    On November 6, 1991 (56 FR 56694), EPA designated and classified 
the following counties in the Atlanta Area as a Serious ozone 
nonattainment area for the 1-hour ozone national ambient air quality 
standards (NAAQS): Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the 
Atlanta 1979 1-hour ozone Area). TCMs were implemented in the 13 
counties comprising the Atlanta 1979 1-hour ozone Area. Because the 
Atlanta 1979 1-hour ozone Area failed to attain the 1-hour ozone NAAQS 
by November 15, 1999, EPA issued a final rulemaking action (68 FR 
55469) on September 26, 2003, to reclassify the area to a Severe ozone 
nonattainment area. Subsequently, the Atlanta 1979 1-hour ozone Area 
attained the 1-hour ozone NAAQS, and thus EPA redesignated the 
nonattainment area to attainment for the 1-hour ozone NAAQS. See 70 FR 
34660 (June 15, 2005). The 1979 1-hour ozone NAAQS was revoked, 
effective June 15, 2005. See 69 FR 23951 (April 30, 2004).
    On April 30, 2004 (69 FR 23858), EPA designated the following 20 
counties in the Atlanta Area as a Marginal nonattainment area for the 
1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton (Atlanta 
1997 8-hour ozone Area). The Atlanta 1979 1-hour ozone Area is a subset 
of this 20-county area. EPA reclassified the Atlanta 1997 8-hour ozone 
Area as a Moderate nonattainment area on March 6, 2008, because the 
area failed to attain the 1997 8-hour ozone NAAQS by the required 
attainment date of June 15, 2007. See 73 FR 12013. Subsequently, the 
Atlanta 1997 8-hour ozone Area attained the 1997 8-hour ozone standard, 
and on December 2, 2013, EPA redesignated the-Atlanta 1997 8-hour ozone 
Area to attainment for the 1997 8-hour ozone NAAQS. See 78 FR 72040. 
The 1997 8-hour ozone NAAQS was revoked, effective April 6, 2015. See 
80 FR 12264 (March 6, 2015).
    On May 21, 2012 (77 FR 30088), EPA designated the following 15 
counties as Marginal nonattainment for the 2008 8-hour ozone NAAQS: 
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale 
(Atlanta 2008 8-hour ozone Area). The Atlanta 1979 1-hour ozone Area is 
a subset of the Atlanta 2008 8-hour ozone Area. The Atlanta 2008 8-hour 
ozone Area did not attain the 2008 8-hour ozone NAAQS by the attainment 
date of July 20, 2015, and therefore on May 4, 2016, EPA reclassified 
the area from a Marginal nonattainment area to a Moderate nonattainment 
area for the 2008 8-hour ozone standard. See 81 FR 26697. Subsequently, 
on July 14, 2016, EPA determined that the Atlanta 2008 8-hour ozone 
Area attained the 2008 8-hour ozone standard. See 81 FR 45419 
(determination that the area attained the standard, also known as a 
Clean Data Determination). EPA redesignated the Atlanta 2008 8-hour 
ozone Area to attainment for the 2008 8-hour ozone NAAQS. See 82 FR 
25523.
    On October 26, 2015 (80 FR 65292), EPA revised the 8-hour ozone 
standard from 0.075 parts per million (ppm) to 0.070 ppm. Subsequently, 
on June 4, 2018 (83 FR 25776), EPA designated the following seven 
Atlanta counties as Marginal nonattainment for the 2015 8-hour ozone 
NAAQS: Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett, and Henry 
(Atlanta 2015 8-hour ozone Area). The seven counties comprising the 
Atlanta 2015 8-hour ozone Area were also part of the 13-county Atlanta 
1979 1-hour ozone Area. Areas designated as Marginal nonattainment must 
attain the standard by August 3, 2021. Although the attainment date is 
August 3, 2021, Marginal areas must show attainment using air quality 
data for years 2018 through 2020. Preliminary data indicates that the 
Atlanta Area will be able to attain the 2015 8-hour ozone NAAQS by the 
August 3, 2021, attainment deadline.\1\
---------------------------------------------------------------------------

    \1\ States are not required to certify their air quality data 
until May 1st of the following year.
---------------------------------------------------------------------------

    On September 16, 2019, Georgia submitted a SIP revision requesting 
removal of certain TCMs from the Georgia SIP. The following TCMs have 
been approved into the Georgia SIP: High Occupancy Vehicle (HOV) Lanes; 
High Occupancy Toll Lanes; Atlantic Station; Express Bus Routes; 
Improvements/Expansion of Bus Service; Park and Ride Lots; Transit 
Signal Preemption; Clean Fuel Buses; Clean Fuels Revolving Loan 
Program; Intersection Upgrade, Coordination and Computerization; ATMS/
Incident Management; Regional Commute Options & HOV Marketing; 
Transportation Management Associations; Transit Incentives; and 
University Rideshare Programs. See 63 FR 23387 (April 29, 1998), 63 FR 
34300 (June 24, 1998), 64 FR 13348 (March 18, 1999), 64 FR 20186 (April 
26, 1999), 65 FR 52028 (August 28, 2000), 77 FR 24397 (April 24, 2012), 
and Table 1, Appendix A, Table 2-1 and Table 2-2 of Georgia's September 
16, 2019, SIP revision. Georgia is requesting removal of all the TCMs 
that are approved into the SIP except for Intersection Upgrade, 
Coordination and Computerization.
    Georgia's September 16, 2019, SIP revision includes a demonstration 
that two offset measures--school bus replacements and rail locomotive

[[Page 13193]]

conversions--obtain the necessary emissions reductions to make up for 
the increases in nitrogen oxides (NO<INF>X</INF>) and volatile organic 
compounds (VOC) emissions resulting from the TCM removals. Removing the 
TCMs will not worsen air quality because Georgia's offsets provided 
compensating, equivalent, and contemporaneous emissions reductions to 
negate the increases in emissions from NO<INF>X</INF> and VOC. More 
information on the offsets is provided below.
    The Georgia Environmental Protection Division (GA EPD) has a school 
bus early replacement program and a locomotive conversion program. 
School bus replacement projects that were completed in 2018 using 
Diesel Emissions Reduction Act funding have resulted in NO<INF>X</INF> 
emissions reductions. Specifically, eighty-five older school buses 
(built in 1999-2005) in Fulton County were replaced with 2018 engine 
model year school buses. The Locomotive Conversion Program consists of 
two components in the Atlanta Area: (1) The conversion of three older 
Norfolk Southern Railway, Inc., traditional switcher locomotives into 
newly-available low emissions engine technology and (2) Norfolk 
Southern Railway, Inc.'s conversion of two switchers into ``slugs'' 
which are driven by electrical motors whose electricity is received 
from companion ``mother'' locomotives. The offsets available from both 
the school bus replacements and locomotive conversions total 38.85 tons 
per year (tpy) of NO<INF>X</INF>. As there are 31.99 tpy of equivalent 
NO<INF>X</INF> associated with removing the TCMs, the annual 
NO<INF>X</INF> decreases from the school bus replacements and 
locomotive conversions will offset the removal of the TCMs with 6.86 
tpy excess NO<INF>X</INF> emissions offset that will remain available. 
As further detailed in EPA's June 30, 2020, notice of proposed 
rulemaking (NPRM), the school bus replacements and locomotive 
conversions were more than what was needed to compensate for the amount 
of NO<INF>X</INF> and VOC increases associated with removing the TCMs.
    Georgia's September 16, 2019, SIP revision also included an update 
to the on-road emissions inventory and associated 2030 MVEBs due to the 
removal of the TCMs. The on-road emissions inventory and safety margin 
allocation for the year 2030 were updated but the MVEB totals 
themselves remained unchanged. See Table 1 below.

                       Table 1--Updated MVEBs for the Atlanta 2008 8-Hour Ozone Area (tpd)
----------------------------------------------------------------------------------------------------------------
                                                             2014 \2\                          2030
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions...............................          170.15           81.76           39.63           36.01
Safety Margin Allocation \3\....................  ..............  ..............           18.37           15.99
MVEBs with Safety Margin........................          170.15           81.76              58              52
----------------------------------------------------------------------------------------------------------------

    In the June 30, 2020, NPRM (85 FR 39135), EPA proposed to approve 
the September 16, 2019, SIP revision. The details of Georgia's 
submittal and the rationale for EPA's action are further explained in 
the NPRM.
---------------------------------------------------------------------------

    \2\ The 2014 on-road emissions and MVEBs in this chart are shown 
for illustration purposes only, as no changes were made to the 2014 
attainment year emissions inventory due to removing the TCMs.
    \3\ The safety margin is the difference between the attainment 
level of emissions (from all sources) and the projected level of 
emissions (from all sources) in the maintenance plan. The 
transportation conformity rule provides for establishing safety 
margins for use in transportation conformity determinations. See 40 
CFR 93.124(a).
---------------------------------------------------------------------------

II. Response to Comments

    EPA received three comments on the proposal. Overall, the 
commenters disagreed with EPA's proposal to approve removal of the TCMs 
from the Georgia SIP. EPA has summarized and responded to these adverse 
comments below.
    Comment 1: A Commenter disagrees with EPA's proposal, asserting 
that Georgia EPD does not have ``a very good reason for its request,'' 
making the request seem ``very arbitrary and capricious.'' The 
Commenter goes on to discuss the expense to install the TCMs and the 
usable lifespans of the TCMs and questions the State's objective in 
removing the TCMs, while also acknowledging that EPA has ``no purview'' 
over the monetary costs of the TCMs. The Commenter mentions that there 
is not enough analysis to determine whether removal of the TCMs ``will 
allow the state to meet [the] NAAQS'' and questions the use of school 
bus fleets to offset the potential increase in emissions as a result of 
removal of certain TCMs from the SIP. Additionally, the Commenter 
mentions that the State failed to consider the increases in other 
pollutants such as carbon monoxide (CO) as a result of the retirement 
of the express bus fleets.
    Response 1: EPA disagrees with the Commenter's assertions that this 
action is arbitrary and capricious and that there is not enough 
analysis to determine whether removal will allow the state to meet the 
NAAQS. With respect to the Commenter's assertion that Georgia EPD 
``does not have a very good reason for its request,'' EPA notes that, 
with respect to SIPs, ``each State is given wide discretion in 
formulating its plan,'' so long as the revision is consistent with the 
applicable requirements of the CAA, including section 110(l). See Union 
Elec. Co. v. EPA, 427 U.S. 246, 250 (1976); see also Alabama Envtl. 
Council v. EPA, 711 F.3d 1277, 1280 (11th Cir. 2013), Sierra Club v. 
EPA, 939 F.3d 649, 673 (5th Cir. 2019), and Alaska Dep't of Envtl. 
Conservation v. EPA, 540 U.S. 461, 470 (2004). CAA section 110(l) 
provides that the Administrator cannot approve a revision of a plan if 
the revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA. Pursuant to section 110(k), EPA must approve a 
SIP revision that meets all applicable CAA requirements, including 
section 110(l).
    In EPA's June 30, 2020, NPRM, the Agency provided specific analysis 
and rationale supporting its proposed approval of Georgia's September 
16, 2019, SIP revision that demonstrates compliance with the CAA, 
including section 110(l). As Georgia is in nonattainment only for the 
2015 8-hour ozone NAAQS, Georgia was only required to obtain offsets to 
ensure that the TCM removals would not affect attainment of the 2015 8-
hour ozone NAAQS. Georgia provided a technical analysis including 
modeling showing that removal of the TCMs would not impact attainment 
or maintenance of any NAAQS, and that Georgia secured offsetting, 
contemporaneous, compensating, equivalent, emissions reductions for the 
2015 8-hour ozone NAAQS. EPA reviewed Georgia's analysis and agrees 
with the methodology and the results. EPA is not

[[Page 13194]]

aware of any information, and the Commenter did provide a demonstration 
or other information, that is contrary to EPA's analysis and proposed 
finding that Georgia's September 16, 2019, SIP revision complies with 
CAA section 110(l).
    With respect to the offsets related to school buses, Georgia 
provided data and calculations regarding emission reductions 
attributable to school bus replacements in the September 16, 2019, SIP 
submittal, which was included in Georgia's 110(l) demonstration, and 
the Commenter did not provide any information indicating that these 
data and calculations are erroneous.\4\ As discussed above and further 
in the June 30 2020, NPRM, the school buses are only a part of the 
emissions reductions that Georgia used to offset the increase in 
emissions due to the removal of the TCMs, and between the locomotive 
and school bus offsets, Georgia has secured more than enough offsets to 
support removal of the TCMs.
---------------------------------------------------------------------------

    \4\ Data and calculations related to school bus offsets are 
available in the docket to this action at Appendix F, documents EPA-
R04-OAR-2019-0661-0015, EPA-R04-OAR-2019-0661-0020, and EPA-R04-OAR-
2019-0661-0021.
---------------------------------------------------------------------------

    Although the Commenter asserts that Georgia failed to consider the 
increases in other pollutants due to the retirement of the express bus 
fleets, the Atlanta Regional Commission's (ARC) \5\ activity-based 
modeling and Georgia's motor vehicle emissions modeling calculated the 
emissions associated with the removal of the TCMs pertaining to transit 
buses. Further, Georgia considered all pollutants in its analysis, but 
provided more detail with respect to pollutants that are likely to be 
increased due to the removal of the TCMs, specifically ozone and ozone 
precursors (NO<INF>X</INF> and VOCs). Additional discussion regarding 
VOCs, NO<INF>X</INF>, and particulate matter (PM) was included because 
VOC and NO<INF>X</INF> emissions are also precursors for PM, and 
NO<INF>X</INF> is also a precursor for nitrogen dioxide. The TCMs were 
not designed to reduce emissions of sulfur dioxide (SO<INF>2</INF>), 
CO, and PM<INF>10</INF>, and do not reduce SO<INF>2</INF>, CO, and 
PM<INF>10</INF> emissions. See the June 30, 2020, NPRM for more detail.
---------------------------------------------------------------------------

    \5\ The Atlanta Regional Commission (ARC) is the federally 
designated Metropolitan Planning Organization (MPO) and is 
responsible for developing a multi-modal, financially constrained 
transportation plan that meets all federal transportation and Clean 
Air Act planning requirements.
---------------------------------------------------------------------------

    With respect to the Commenter's assertions specific to CO, EPA 
disagrees. Removing the fleet of express buses as a TCM from the 
Georgia SIP will not cause a violation of the CO NAAQS. The transit bus 
fleet in the Atlanta area is mostly comprised of compressed natural gas 
and diesel, which have low CO emissions. Further, there has never been 
a designated CO nonattainment area in Georgia. Additionally, the 
current level of the CO NAAQS is 9 ppm on an 8-hour average and 35 ppm 
on a 1-hour average; the Atlanta Area's current design values for 2018-
2019 are 2.0 ppm for the 8-hr average and 2.2 ppm for the 1-hour 
average, which equates to 78 percent and 94 percent below the standard, 
respectively.
    Comment 2: A Commenter states that EPA should not remove the TCMs 
from the Georgia SIP, that removal of the controls will create an 
inconsistent regulatory environment that is contrary to the CAA, and 
that removal of the TCMs would give Georgia an unfair advantage. The 
Commenter also notes that the Georgia Department of Transportation 
(GDOT) issued a draft environmental impact statement (EIS) ``for the 
Georgia SIPs'' but that it was ``delayed because of legal reasons.''
    Response 2: EPA disagrees with the Commenter's assertions and is 
not clear on how the removal of the TCMs creates an inconsistent 
regulatory environment or gives Georgia an unfair advantage. The Agency 
notes that TCMs were adopted into the SIP as part of the State's 
discretion to implement measures to attain and maintain the NAAQS. The 
CAA requires each state to have a SIP, which is a federally-enforceable 
plan that identifies how the state will attain and maintain the NAAQS. 
As discussed previously, states have wide discretion in determining the 
control measures they choose to utilize in achieving and maintaining 
the NAAQS. A state has the option of revising its SIP so long as state 
and Federal requirements governing SIPs are met.
    It is unclear from the comment how an EIS relates to this action or 
what draft EIS the Commenter is referring to. To the extent the 
Commenter suggests that the SIP or this SIP revision should have gone 
through an EIS process, EPA also disagrees. Generally, actions taken 
under the CAA are exempted from the National Environmental Policy Act 
of 1969 (NEPA), including this SIP action. See 15 U.S.C. 793(c)(1).
    Comment 3: A Commenter contends that EPA cannot remove the TCMs 
from the Georgia SIP without ``input and concurrence'' from GDOT and 
the Georgia Department of Environmental Management. The Commenter goes 
on to assert that the SIP must be amended to ensure compliance with all 
Federal and state laws that address the construction of new facilities, 
the application of engineering standards, procedures or practices for 
new facilities, and must ensure the ``highest level of protection,'' 
specifically referencing the ``Georgia Environmental Protection Act, as 
revised,'' the CAA, and Federal requirements from the ``Federal 
Aviation Act and Federal Motor Carrier Safety Improvement Act, as 
revised.''
    Response 3: EPA agrees with the Commenter's assertion that 
Georgia's removal of the TCMs is subject to ``input'' from various 
agencies such as GDOT, and notes that the environmental agency for 
Georgia is GA EPD, the author of the September 16, 2019, SIP revision. 
Specifically, 40 CFR part 93 governs transportation conformity 
requirements pursuant to CAA section 176(c) and requires interagency 
consultation for certain actions. The interagency consultation process, 
set forth in 40 CFR 93.105, is a process in which Federal, state, and 
local jurisdictions consult on the status of air quality and 
transportation projects. The Atlanta interagency consultation group 
consists of transportation and air quality partners such as the Federal 
Highway Administration-GA Division, US EPA Region 4, GA EPD, GDOT, the 
ARC, Metropolitan Atlanta Rapid Transit Authority (MARTA), the Georgia 
Regional Transportation Authority, and several others. Before 
submitting the September 16, 2019, SIP revision requesting removal of 
the TCMs from the Georgia SIP, GA EPD consulted with the Atlanta 
interagency consultation group (which includes GDOT). None of the 
Atlanta Interagency Consultation partners expressed objection to the 
removal of the TCMs from the Georgia SIP.
    In addition, EPA disagrees with the Commenter's other assertions. 
The removal of TCMs from Georgia's SIP does not involve the 
construction of new facilities. EPA's review and approval of SIPs is 
restricted to compliance with the CAA, rather than compliance with the 
Georgia Environmental Protection Act or the Federal Aviation Act and 
Federal Motor Carrier Safety Improvement Act. As discussed in more 
detail above and in the NPRM, states have discretion as to the contents 
of their plans, EPA must approve SIPs that meet the CAA requirements, 
and Georgia's September 16, 2019, SIP revision meets CAA requirements.

III. Final Action

    EPA is taking final action to approve Georgia's September 16, 2019, 
SIP revision to remove certain TCMs from the Georgia SIP that are 
applicable within the Atlanta Area. This approval

[[Page 13195]]

updates Georgia's 2008 8-hour ozone standard Maintenance Plan, 
specifically the on-road emissions inventory and the associated 2030 
MVEBs, and measures offsetting the emissions increases due to removal 
of the TCMs. EPA is also determining that this SIP revision will not 
interfere with any requirement concerning attainment or any other 
applicable CAA requirement.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided they meet the criteria of the CAA. 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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).
    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 May 7, 2021. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 25, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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, amend paragraph (e) by adding an entry for ``2008 
8-hour ozone Maintenance Plan for the Atlanta Area, Revision for the 
Removal of Transportation Control Measures'' at the end of the table to 
read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State
    Name of nonregulatory SIP           Applicable      submittal date/
            provision                 geographic or        effective     EPA approval date       Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 8-hour ozone Maintenance      Bartow, Cherokee,         9/16/2019  3/8/2021, [Insert    ...................
 Plan for the Atlanta Area,         Clayton, Cobb,                       citation of
 Revision for the Removal of        Coweta, DeKalb,                      publication].
 Transportation Control Measures.   Douglas, Fayette,
                                    Forsyth, Fulton,
                                    Gwinnett, Henry,
                                    Newton, Paulding,
                                    and Rockdale
                                    Counties.
----------------------------------------------------------------------------------------------------------------


[[Page 13196]]

[FR Doc. 2021-04413 Filed 3-5-21; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>