Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1873 

soon as they were able. For these 

reasons, the Secretary of Veterans 

Affairs issued this rule as an interim 

final rule. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule does not contain any 

collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this regulatory action will not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

regulatory action will affect individuals 

and will not affect any small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this regulatory action is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Executive Orders 13563 and 12866 

Executive Orders 13563 and 12866 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), as ‘‘any regulatory action 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined and it has been 

determined to be a significant regulatory 

action under Executive Order 12866. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number and title for the 

program that would be affected by this 

final rule is 64.116, Vocational 

Rehabilitation for Disabled Veterans. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on November 1, 2011 for 

publication. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Dated: January 9, 2012. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

■ Accordingly, the interim final rule 

amending 38 CFR part 21, which was 

published at 76 FR 45697 on August 1, 

2011, is adopted as a final rule without 

change. 

[FR Doc. 2012–452 Filed 1–11–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0638; FRL–9613–7] 

Approval and Disapproval and 

Promulgation of Implementation Plans; 

Texas; Infrastructure and Interstate 

Transport Requirements for the 1997 

Ozone and the 1997 and 2006 PM2.5

NAAQS 

Correction 

In rule document 2011–33253 

appearing on pages 81371–81393 in the 

issue of Wednesday, December 28, 2011, 

make the following corrections: 

§ 52.270 [Corrected] 

1. On page 81392, in § 52.270(c), in 

the table appearing at the bottom of the 

page, in the entry under the column 

titled ‘‘EPA approval date’’, ‘‘12/28/ 

2012’’ should read ‘‘12/28/2011’’. 

2. On page 81393, in §§ 52.270(c) and 

(e), in both tables appearing on this 

page, in the two entries under the 

columns titled ‘‘EPA approval date’’, 

‘‘12/28/2012’’ should read ‘‘12/28/ 

2011’’. 

[FR Doc. C1–2011–33253 Filed 1–11–12; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0849–201153(a); 

FRL–9617–2] 

Approval and Promulgation of 

Implementation Plans; Georgia; Rome; 

Fine Particulate Matter 2002 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory portion of the State 

Implementation Plan (SIP) revision 

submitted by the State of Georgia on 

October 27, 2009. The emissions 

inventory is part of the Rome, Georgia 

(hereafter referred to as ‘‘the Rome 

Area’’ or ‘‘Area’’), PM2.5 attainment 

demonstration that was submitted for 

the 1997 annual PM2.5 National Ambient 

Air Quality Standards (NAAQS). This 

action is being taken pursuant to section 

110 of the Clean Air Act (CAA). 

DATES: This direct final rule is effective 

March 12, 2012 without further notice, 

unless EPA receives adverse comment 


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1874 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

1Per phone conversation between Lynorae 

Benjamin (EPA Region 4) and Jimmy Johnson 

(Georgia Department of Natural Resources) on 

October 17, 2011, the withdrawal notice did not 

include the emissions inventory portion of the 

submittal. 

by February 13, 2012. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0849, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0849,’’ 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0849. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, 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. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Analysis of State’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. On January 

5, 2005 (70 FR 944), EPA published its 

air quality designations and 

classifications for the 1997 annual PM2.5

NAAQS based upon air quality 

monitoring data for calendar years 

2001–2003. These designations became 

effective on April 5, 2005. The Rome 

Area (which is comprised of Floyd 

County in its entirety) was designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS. See title 40 CFR 81.311. 

Designation of an area as 

nonattainment starts the process for a 

state to develop and submit to EPA a 

SIP under title 1, part D of the CAA. 

This SIP must include, among other 

elements, a demonstration of how the 

NAAQS will be attained in the 

nonattainment area as expeditiously as 

practicable but no later than the date 

required by the CAA. Under CAA 

section 172(b), a state has up to three 

years after an area’s designation as 

nonattainment to submit its SIP to EPA. 

For the 1997 PM2.5 NAAQS, these SIPs 

were due April 5, 2008. See 40 CFR 

51.1002(a). 

On October 27, 2009, Georgia 

submitted an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, a 2002 base year emissions 

inventory and other planning SIP 

revisions related to attainment of the 

1997 annual PM2.5 NAAQS in the Rome 

Area. Subsequently, on April 5, 2011 

(76 FR 18650), EPA determined that the 

Rome Area attained the 1997 annual 

average PM2.5 NAAQS. The 

determination of attainment was based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2007–2009 period, showing that the 

Area had monitored attainment of the 

1997 annual PM2.5 NAAQS. The 

requirements for the Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the standard were 

suspended as a result of the 

determination of attainment, so long as 

the Area continues to attain the 1997 

annual PM2.5 NAAQS. See 40 CFR 

51.1004(c). 

On June 29, 2011, Georgia withdrew 1

the Rome Area’s attainment 

demonstration as allowed by 40 CFR 

51.1004(c); however, such withdrawal 

does not suspend the emissions 

inventory requirement found in CAA 

section 172(c)(3). Section 172(c)(3) of 

the CAA requires submission and 

approval of a comprehensive, accurate, 

and current inventory of actual 

emissions. EPA is now approving the 

emissions inventory portion of the SIP 

revision submitted by the State of 


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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1875 

Georgia on October 27, 2009, as required 

by section 172(c)(3). 

II. Analysis of State’s Submittal 

As discussed above, section 172(c)(3) 

of the CAA requires areas to submit a 

comprehensive, accurate and current 

inventory of actual emissions from all 

sources of the relevant pollutant or 

pollutants in such area. Georgia selected 

2002 as base year for the emissions 

inventory per 40 CFR 51.1008(b). 

Emissions contained in the Rome 

attainment plan cover the general source 

categories of point sources, non-road 

mobile sources, area sources, on-road 

mobile sources, and biogenic sources. A 

detailed discussion of the emissions 

inventory development can be found in 

Appendix H of the Georgia submittal; a 

summary is provided below. 

The tables below provide a summary 

of the annual 2002 emissions of nitrogen 

oxides (NOx), sulfur dioxide (SO2), and 

PM2.5. 

TABLE 1—2002 ANNUAL EMISSIONS FOR THE ROME AREA

[Tons] 

County 

Point Sources 

NOX SO2 PM2.5

Floyd .................................................................................................................... 13,053.3 35,245.1 651.0 

Non-Road Sources 

Floyd .................................................................................................................... 1,100.6 81.2 60.9 

Area Sources 

Floyd .................................................................................................................... 622.1 979.5 1,378.5 

Mobile Sources 

Floyd .................................................................................................................... 3,058.7 128.1 49.4 

The 172(c)(3) emissions inventory is 

developed by the incorporation of data 

from multiple sources and data. States 

were required to develop and submit to 

EPA a triennial emissions inventory 

according to the Consolidated Emissions 

Reporting Rule for all source categories 

(i.e., point, area, nonroad mobile and 

on-road mobile). This inventory often 

forms the basis of data that are updated 

with more recent information and data 

that also is used in their attainment 

demonstration modeling inventory. 

Such was the case in the development 

of the 2002 emissions inventory that 

was submitted in the state’s attainment 

SIP for this Area. The 2002 emissions 

inventory was based on data developed 

with the Visibility Improvement State 

and Tribal Association of the Southeast 

(VISTAS) contractors and submitted by 

the States to the 2002 National 

Emissions Inventory. Several iterations 

of the 2002 inventories were developed 

for the different emissions source 

categories resulting from revisions and 

updates to the data. This resulted in the 

use of version G2 of the updated data to 

represent the point sources’ emissions. 

Data from many databases, studies and 

models (e.g., Vehicle Miles Traveled, 

fuel programs, the NONROAD 2002 

model data for commercial marine 

vessels, locomotives and Clean Air 

Market Division, etc.) resulted in the 

inventory submitted in this SIP. The 

data were developed according to 

current EPA emissions inventory 

guidance ‘‘Emissions Inventory 

Guidance for Implementation of Ozone 

and Particulate Matter National 

Ambient Air Quality Standards 

(NAAQS) and Regional Haze 

Regulations’’ (August 2005) and a 

quality assurance project plan that was 

developed through VISTAS and 

approved by EPA. EPA agrees with the 

process used to develop this inventory 

was adequate to meet the requirements 

of CAA Sec. 172(c)(3) and the 

implementing regulations. 

EPA has reviewed Georgia’s emissions 

inventory and finds that it is adequate 

for the purposes of meeting section 

172(c)(3) emissions inventory 

requirement. The emissions inventory is 

approvable because the emissions were 

developed consistent with the CAA, 

implementing regulations and EPA 

guidance for emission inventories. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory portion of the SIP 

revision submitted by the State of 

Georgia on October 27, 2009. This 

action is being taken pursuant to section 

110 of the CAA. EPA is publishing this 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective March 12, 2012 

without further notice unless the 

Agency receives adverse comments by 

February 13, 2012. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on March 12, 2012 

and no further action will be taken on 

the proposed rule. 

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. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 


pmangrum on DSK3VPTVN1PROD with RULES
1876 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not 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 March 12, 2012. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 22, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 a new entry for ‘‘Rome; 1997 

Fine Particulate Matter 2002 Base Year 

Emissions Inventory’’ to read as follows: 

§ 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 

*******

28. Rome; 1997 Fine Particulate Matter 2002 Base Year Emissions Inventory.Floyd County ............. 10/27/2009 1/12/12 [Insert citation of publication]. 

[FR Doc. 2012–344 Filed 1–11–12; 8:45 am] 

BILLING CODE 6560–50–P 


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