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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24400 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

1EPA issued a revised 8-hour ozone NAAQS in 

2008. The current proposed action, however, is 

being taken with regard to the 1997 8-hour ozone 

NAAQS. Requirements for the Atlanta Area for the 

2010 8-hour ozone NAAQS will be addressed in the 

future. 

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

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0021. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 

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 

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 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: Sara 

Waterson, 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) 562–9061. 

Ms. Waterson can be reached via 

electronic mail at 

waterson.sara@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, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million (ppm). Under EPA’s 

regulations at 40 CFR part 50, the 1997 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone concentration 

is less than or equal to 0.08 ppm (i.e., 

0.084 ppm when rounding is 

considered) (69 FR 23857, April 30, 

2004).1 Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. The 

ambient air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90 percent, and no single year has less 

than 75 percent data completeness as 

determined in 40 CFR part 50, 

appendix I. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The Atlanta Area 

was designated nonattainment for the 

1997 8-hour ozone NAAQS on April 30, 

2004 (effective June 15, 2004) using 

2001–2003 ambient air quality data 

(69 FR 23857, April 30, 2004). At the 

time of designation the Atlanta Area 

was classified as a marginal 

nonattainment area for the 1997 8-hour 

ozone NAAQS. In the April 30, 2004, 

Phase I Ozone Implementation Rule, 

EPA established ozone nonattainment 

area attainment dates based on Table 1 

of Section 181(a) of the CAA. This 

established an attainment date 3 years 

after the June 15, 2004, effective date for 

areas classified as marginal areas for the 

1997 8-hour ozone nonattainment 

designations. Therefore, the Atlanta 

Area’s original attainment date was June 

15, 2007. See 69 FR 23951, April 30, 

2004. 

The Atlanta Area failed to attain the 

1997 8-hour ozone NAAQS by June 15, 

2007 (the applicable attainment date for 

marginal nonattainment areas), and did 

not qualify for any extension of the 

attainment date as a marginal area. As 

a consequence of this failure, on March 

6, 2008, EPA published a rulemaking 

determining that the Atlanta Area failed 

to attain and, consistent with section 

181(b)(2) of the CAA, the Atlanta Area 

was reclassified by operation of law to 

the next highest classification, or 

‘‘moderate’’ nonattainment. See 73 FR 

12013, March 6, 2008. When an area is 

reclassified, a new attainment date for 

the reclassified area must be 

established. Section 181 of the CAA 

explains that the attainment date for 

moderate nonattainment areas shall be 

as expeditiously as practicable, but no 

later than six years after designation, or 

June 15, 2010. EPA further required that 

Georgia submit the SIP revisions 

meeting the new moderate area 

requirements as expeditiously as 

practicable, but no later than December 

31, 2008. 

Under certain circumstances, the CAA 

allows for extensions of the attainment 

dates prescribed at the time of the 

original nonattainment designation. In 

accordance with CAA section 181(a)(5), 

EPA may grant up to 2 one-year 

extensions of the attainment date under 

specified conditions. On November 30, 

2010, EPA determined that Georgia met 

the CAA requirements to obtain a oneyear extension of the attainment date for 

the 1997 8-hour ozone NAAQS for the 

Atlanta Area. See 75 FR 73969. As a 

result, EPA extended the Atlanta Area’s 

attainment date from June 15, 2010, to 

June 15, 2011, for the 1997 8-hour ozone 

NAAQS. 

On October 21, 2009, Georgia 

submitted an attainment demonstration 

and associated reasonably available 

control measures (RACM), reasonable 

available control technology (RACT), 

contingency measures, a 2002 base-year 

emissions inventory and other planning 

SIP revisions related to attainment of 

the 1997 8-hour ozone NAAQS in the 

Atlanta Area (hereafter referred to as 

‘‘the Atlanta Area’s attainment 

demonstration submission.’’) The 

reasonable further progress (RFP) plan 

was also submitted on October 21, 2009, 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24401 

under separate cover letter. 

Subsequently, on June 23, 2011 (76 FR 

36873), EPA determined that the Atlanta 

Area attained the 1997 

8-hour ozone NAAQS. The 

determination of attaining data was 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 period, showing 

that the Area had monitored attainment 

of the 1997 8-hour ozone 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 1997 8-hour ozone 

NAAQS were suspended as a result of 

the determination of attainment, so long 

as the Area continues to attain the 1997 

8-hour ozone NAAQS. See 40 CFR 

52.582(d). 

On February 16, 2012, Georgia 

withdrew the Atlanta Area’s attainment 

demonstration (except RACT and the 

emissions inventory) as allowed by 

40 CFR 51.918; however, such 

withdrawal does not suspend the 

emissions inventory requirement found 

in CAA section 182(a)(1). Section 

182(a)(1) 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 Atlanta Area’s attainment 

demonstration SIP revision submitted 

by the State of Georgia on October 21, 

2009, as required by section 182(a)(1). 

EPA will take action on the RACT 

portion of Georgia’s October 21, 2009, 

SIP revision, and on the RFP SIP 

revision in a separate action. 

II. Analysis of State’s Submittal 

As discussed above, section 182(a)(1) 

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 51.915. Emissions 

contained in the Atlanta attainment 

plan cover the general source categories 

of stationary point and area sources, 

non-road and on-road mobile sources, 

and biogenic sources. A detailed 

discussion of the emissions inventory 

development can be found in Appendix 

K of the Georgia submittal; a summary 

is provided below. Table 3–4 in the 

October 29, 2009, submittal lists electric 

generating unit (EGU) point sources in 

and near the Atlanta nonattainment area 

and the average daily ozone season 

nitrogen oxides (NOX) emissions. Table 

3–5 in the October 29, 2009, submittal 

lists non-EGU point sources in the 

Atlanta nonattainment counties with 

NOX emissions larger than 100 tons/ 

year. 

The tables below provide a summary 

of the annual 2002 emissions of NOX

and volatile organic compounds (VOC). 

TABLE 1—2002 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA

[Tons per year] 

County 

Point Area On-road Non-road 

NOX VOC NOX VOC NOX VOC NOX VOC 

Barrow .............................................................................................. 0.06 0.02 0.45 3.74 5.69 4.30 1.41 0.75 

Bartow .............................................................................................. 69.92 1.31 1.30 8.05 15.76 10.56 3.89 2.54 

Carroll ............................................................................................... 0.06 0.85 1.30 9.54 10.91 8.10 2.39 1.87 

Cherokee .......................................................................................... 0.20 0.13 0.72 6.30 10.25 5.17 3.59 5.30 

Clayton ............................................................................................. 0.30 1.29 1.08 9.53 19.96 9.90 19.21 3.83 

Cobb ................................................................................................. 12.62 0.89 4.12 28.18 50.66 26.84 12.67 18.82 

Coweta ............................................................................................. 23.08 0.62 0.89 3.94 7.86 3.75 3.30 2.49 

DeKalb ............................................................................................. 0.49 4.66 4.06 44.67 63.33 31.21 9.98 16.76 

Douglas ............................................................................................ 0.06 0.08 0.48 3.93 9.70 4.54 1.87 1.26 

Fayette ............................................................................................. ............ ............ 0.77 4.69 5.20 2.84 2.18 1.91 

Forsyth ............................................................................................. 0.12 0.48 0.84 4.82 8.41 4.28 3.11 5.36 

Fulton ............................................................................................... 5.46 5.42 6.59 49.47 91.42 46.10 20.02 17.19 

Gwinnett ........................................................................................... 0.09 0.13 4.55 32.02 49.26 25.20 15.36 23.85 

Hall ................................................................................................... 0.29 0.69 2.79 13.69 15.12 11.59 3.80 6.47 

Henry ................................................................................................ 6.44 1.34 0.60 5.26 13.40 6.40 4.68 2.75 

Newton ............................................................................................. 0.00 2.01 0.79 5.21 6.72 4.95 1.95 1.29 

Paulding ........................................................................................... ............ ............ 0.26 3.51 4.76 2.57 2.66 1.43 

Rockdale .......................................................................................... 0.08 0.44 1.00 4.28 5.70 2.88 1.59 1.42 

Spalding ........................................................................................... 0.00 0.18 0.79 5.95 5.25 4.14 0.87 1.21 

Walton .............................................................................................. 0.01 0.32 0.47 4.92 5.72 4.66 1.70 1.53 

The 182(a)(1) emissions inventory is 

developed by the incorporation of data 

from multiple sources. 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, non-road 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 

demonstration 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 

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24402 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

quality assurance project plan that was 

developed through VISTAS and 

approved by EPA. EPA agrees that the 

process used to develop this inventory 

was adequate to meet the requirements 

of CAA section 182(a)(1) and the 

implementing regulations. 

EPA has reviewed Georgia’s emissions 

inventory and finds that it is adequate 

for the purposes of meeting section 

182(a)(1) 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 

Atlanta Area’s attainment 

demonstration SIP revision, submitted 

by the State of Georgia on October 21, 

2009, for the 1997 8-hour ozone 

NAAQS. This action is being taken 

pursuant to section 110 of the CAA. On 

March 12, 2008, EPA issued a revised 

ozone NAAQS. See 73 FR 16436. The 

current action, however, is being taken 

to address requirements under the 1997 

8-hour ozone NAAQS. Requirements for 

the Atlanta Area under the 2008 ozone 

NAAQS will be addressed in the future. 

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 June 25, 2012 

without further notice unless the 

Agency receives adverse comments by 

May 24, 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 June 25, 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 

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 June 25, 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: April 4, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION 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 a new entry for ‘‘Atlanta; 1997 

8-Hour Ozone 2002 Base-Year 

Emissions Inventory’’ to read as follows: 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24403 

§ 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 

*******

33. Atlanta 1997 8-Hour Ozone 

2002 Base-Year Emissions Inventory.

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.

10/21/2009 4/24/2012 [Insert citation of 

publication]. 

[FR Doc. 2012–9707 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2012–0087; FRL–9663–4] 

Direct Final Approval of Hospital/ 

Medical/Infectious Waste Incinerators 

State Plan for Designated Facilities 

and Pollutants: Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Illinois’ 

revised State Plan to control air 

pollutants from ‘‘Hazardous/Medical/ 

Infectious Waste Incinerators’’ (HMIWI). 

The Illinois Environmental Protection 

Agency (IEPA) submitted the revised 

State Plan on November 8, 2011 and 

supplemented it on December 28, 2011. 

The revised State Plan is consistent with 

revised Emission Guidelines (EGs) 

promulgated by EPA on October 6, 

2009. This approval means that EPA 

finds that the revised State Plan meets 

applicable Clean Air Act (Act) 

requirements for subject HMIWI units. 

Once effective, this approval also makes 

the revised State Plan Federally 

enforceable. 

DATES: This direct final rule will be 

effective June 25, 2012, unless EPA 

receives adverse comments by May 24, 

2012. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0087, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312)886–6030. 

4. Mail: Carlton T. Nash, Chief, Toxics 

and Global Atmosphere Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Toxics and Global Atmosphere 

Section, Air Toxics and Assessment 

Branch (AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2012– 

0087. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The 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 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Margaret Sieffert, 

Environmental Engineer, at (312) 353– 

1151 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What does the state plan contain? 

III. Does the state plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On October 6, 2009, in accordance 

with sections 111 and 129 of the Act, 

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