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

1The 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. 

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. 

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 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations. In 

the same rulemaking, EPA promulgated 

a 24-hour standard of 65 mg/m3, 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 mg/m3 but 

revised the 24-hour NAAQS to 35 mg/

m3, 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. 

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. 

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 

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

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 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: 

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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

Name of nonregulatory SIP provision Applicable geographic or nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

1997 Annual PM2.5 Maintenance Plan for 

the Atlanta Area.

Barrow, Bartow, Carroll, 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.

8/30/12 2/24/16 [Insert citation 

of publication].

........................

PART 81–DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 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: 

§ 81.311 Georgia 

* * * * * 

GEORGIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

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. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2016–03743 Filed 2–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

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