Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24397 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Congressional Review Act 

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 rule 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). 

K. Petitions for Judicial Review 

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 June 25, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: April 11, 2012. 

A. Stanley Meiburg, 

Acting 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 RR—Tennessee 

■ 2. Section 52.2220, the table in 

paragraph (e) is amended by adding an 

entry for Regional Haze Plan at the end 

of the table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area State effective date EPA approval date Explanation 

*******

Regional Haze Plan (excluding Eastman Chemical Company BART determination).Statewide .......................... April 4, 2008 ..................... 4/24/2012 [Insert citation 

of publication].

BART emissions limits are 

listed in Section 7.5.3. 

■ 3. Section 52.2234 is added to read as 

follows: 

§ 52.2234 Visibility protection. 

(a) The requirements of section 169A 

of the Clean Air Act are not met because 

the plan does not include approvable 

measures for meeting the requirements 

of 40 CFR 51.308 for protection of 

visibility in mandatory Class I federal 

areas. 

(b) No action has been taken on the 

BART determination for Eastman 

Chemical Company. 

[FR Doc. 2012–9697 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0136–201162; FRL– 

9662–8] 

Approval and Promulgation of 

Implementation Plans: Georgia; 

Approval of Substitution for 

Transportation Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is making an 

administrative change to update the 

Code of Federal Regulations (CFR) to 

reflect a change made to the Georgia 

State Implementation Plan (SIP) on 

November 5, 2009, as a result of EPA’s 

concurrence on a substitute 

transportation control measure (TCM) 

for the Atlanta portion of the Georgia 

SIP. On February 5, 2010, the State of 

Georgia, through the Environmental 

Protection Division (EPD), submitted a 

revision to the Georgia SIP requesting 

that EPA update its SIP to reflect a 

substitution of a TCM. The substitution 

was made pursuant to the TCM 

substitution provisions contained in 

Clean Air Act (CAA). EPA concurred on 

this substitution on November 5, 2009. 

In this administrative action, EPA is 

updating the non-regulatory provisions 

of the Georgia SIP to reflect the 

substitution. In summary, the 

substitution that EPA concurred on was 

a conversion of high occupancy vehicle 

(HOV) lanes to high occupancy toll 

lanes (HOT). EPA has determined that 

this action falls under the ‘‘good cause’’ 

exemption in the Administrative 

Procedures Act (APA) which, upon 

finding ‘‘good cause,’’ authorizes 

agencies to dispense with public 

participation which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). 

DATES: This action is effective April 24, 

2012. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 Code 

of Federal Regulations (CFR) part 52 are 

available for inspection at the following 

location: Environmental Protection 

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24398 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, GA 30303. Publicly 

available materials are available either 

electronically in 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: Ms. 

Dianna B. Smith at the above Region 4 

address or at (404) 562–9207. Ms. Smith 

may also be contacted via electronic 

mail at: smith.dianna@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 5, 2009, EPA issued a 

concurrence letter to Georgia stating that 

the substitution of a HOT lane TCM for 

an existing HOV lane TCM met the CAA 

section 176(c)(8) requirements for 

substituting TCMs in an area’s approved 

SIP. See also EPA’s Guidance for 

Implementing the CAA section 176(c)(8) 

Transportation Control Measure 

Substitution and Addition Provision 

contained in the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users which was 

signed into law on August 10, 2005, 

dated January 2009. This substitution 

was an update to TCMs previously 

approved on March 18, 1999, and April 

26, 1999. As a part of the concurrence 

process, the public was provided an 

opportunity to comment on proposed 

TCM substitution. Public notice and 

comment was provided by the Atlanta 

metropolitan planning organization, 

Atlanta Regional Commission (ARC), 

during the revision to the transportation 

improvement program to incorporate 

the HOT lane substitution project. The 

public notice was published in the Daily 

Report and on the ARC Web page at: 

www.atlantaregional.com. Through this 

concurrence process, EPA determined 

that the requirements of CAA section 

176(c)(8) were met, including the 

requirement that the substitute 

measures achieve equivalent or greater 

emissions reductions than the control 

measure to be replaced. Upon EPA’s 

concurrence, the HOT lane substitution 

took effect as a matter of federal law. A 

copy of EPA’s concurrence letter is 

included in the Docket for this action. 

This letter can be accessed at www.

regulations.gov using Docket ID No. 

EPA–R04–OAR–2012–0136. In 

accordance with the requirements for 

TCM substitution, on February 5, 2010, 

EPD submitted a request for EPA to 

update the Atlanta portion of the 

Georgia SIP to reflect EPA’s previous 

approval of the TCM substitution of the 

HOV lane with the HOT lane conversion 

TCM in its SIP (the subject of this 

administrative change). Today, EPA is 

taking administrative action to update 

the non-regulatory provisions of the 

Georgia SIP in 40 CFR 52.570(e) to 

reflect EPA’s concurrence on the 

substitution of a TCM for the conversion 

of HOV lanes to HOT lanes: 

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area State submittal date/effective date 

1. High Occupancy Vehicle (HOV) lane on I–85 

from Chamblee-Tucker Road to State Road 

316 High Occupancy Toll (HOT) lane on I–85 

from Chamblee-Tucker Road to State Road 

316.

Atlanta Metropolitan Area ................................ 11/15/93 and amended on 6/17/96 and 2/5/ 

10. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in the section 553(b)(3)(B) of 

the APA which, upon finding ‘‘good 

cause,’’ authorizes agencies to dispense 

with public participation and section 

553(d)(3) which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s administrative action 

simply codifies provisions which are 

already in effect as a matter of law in 

Federal and approved state programs. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment for this 

administrative action is ‘‘unnecessary’’ 

because the substitution was made 

through the process included in CAA 

section 176(c)(8) and because the public 

already had an opportunity to comment 

on this substitution during the public 

comment period prior to approval of the 

substitution. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the public 

notice of the updated Georgia SIP 

Compilation and ‘‘Identification of 

Plan’’ portion of the Federal Register. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the Agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

Supplementary Information section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act (UMRA) of 1995 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. 

This administrative action also does 

not have a substantial direct effect on 

one or more Indian tribes, on the 

relationship between the federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This administrative action also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This 

administrative action does not involve 

technical standards; thus the 

requirements of section 12(d) of the 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24399 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The 

administrative action also does not 

involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). This 

administrative action does not impose 

an information collection burden under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies a provision which is 

already in effect as a matter of law in 

Federal and approved state programs. 5 

U.S.C. 808(2). These announced actions 

were effective upon EPA’s concurrence. 

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 this action in the Federal 

Register. This update to Georgia’s SIP 

Compilation is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 29, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52, is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority for 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 

revising the first entry ‘‘1. High 

Occupancy Vehicle (HOV) lane on I–85 

from Chamblee-Tucker Road to State 

Road 316’’ 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 

1. High Occupancy Vehicle (HOV) 

lane on I–85 from ChambleeTucker Road to State Road 

316. High Occupancy Toll 

(HOT) lane on I–85 from 

Chamblee-Tucker Road to State 

Road 316.

Atlanta Metropolitan Area ............. 11/15/93 and amended on 6/17/96 

and 2/5/10.

3/18/99, 4/26/99 and 11/5/09. 

* * * * * * * 

[FR Doc. 2012–9814 Filed 4–23–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0021(a); FRL–9662– 

1] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Atlanta; Ozone 2002 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the ozone 2002 base 

year emissions inventory, portion of the 

state implementation plan (SIP) revision 

submitted by the State of Georgia on 

October 21, 2009. The emissions 

inventory is part of the Atlanta, Georgia 

(hereafter referred to as ‘‘the Atlanta 

Area’’ or ‘‘Area’’), ozone attainment 

demonstration that was submitted for 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). The 

Atlanta Area is comprised of 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. 

This action is being taken pursuant to 

section 110 of the Clean Air Act (CAA 

or Act). 

DATES: This direct final rule is effective 

June 25, 2012 without further notice, 

unless EPA receives adverse comment 

by May 24, 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–2010–0021, by one of the 

following methods: 

1. 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–2010– 

0021,’’ 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 

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