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[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27193-27196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10842]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0851; FRL-9910-64-Region 4]

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of 
the Macon, Georgia, 1997 Annual Fine Particulate Matter Nonattainment 
Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: Environmental Protection Agency (EPA) is taking final action 
to approve a request submitted on June 21, 2012, by the Georgia 
Department of Natural Resources, through Georgia Environmental 
Protection Division (GA EPD), to redesignate the Macon, Georgia, fine 
particulate matter (PM2.5) nonattainment area (hereafter 
referred to as the ``Macon Area'' or ``Area'') to attainment for the 
1997 Annual PM2.5 National Ambient Air Quality Standards 
(NAAQS). The Macon Area is comprised of Bibb County and a portion of 
Monroe County in Georgia. EPA's approval of the redesignation request 
is based on the determination that Georgia has met the criteria for 
redesignation to attainment set forth in the Clean Air Act (CAA or 
Act). EPA is also approving a revision to the Georgia State 
Implementation Plan (SIP) to include the 1997 Annual PM2.5 
maintenance plan for the Macon Area. Additionally, EPA is approving 
into the Georgia SIP the motor vehicle emission budgets (MVEBs) for 
nitrogen oxides (NOX) and PM2.5 for the year 2023 
for the Macon Area that are included as part of Georgia's maintenance 
plan for the 1997 Annual PM2.5 NAAQS. Furthermore, EPA is 
approving a determination that the Area is expected to maintain the 
1997 Annual PM2.5 NAAQS through the year 2024. EPA is also 
correcting an inadvertent error in the proposed rulemaking for this 
action.

DATES: This rule will be effective June 12, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0851. 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 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: Joydeb Majumder, 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. Joydeb Majumder may be 
reached by phone at (404) 562-9121 or via electronic mail at 
majumder.joydeb@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What is the background for the actions?

    On June 21, 2012,\1\ the Georgia Department of Natural Resources, 
through GA EPD, submitted a request to EPA for redesignation of the 
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS, 
and for approval of a Georgia SIP revision containing a maintenance 
plan for the Area.\2\ On February 5, 2014, EPA proposed to redesignate 
the Macon Area to attainment for the 1997 Annual PM2.5 
NAAQS, and to approve, as a revision to the Georgia SIP, the State's 
1997 Annual PM2.5 NAAQS maintenance plan and the MVEBs for 
direct PM2.5 and NOX for the Macon Area included 
in that maintenance plan.\3\ See 79 FR 6842. EPA also proposed to 
determine

[[Page 27194]]

that the Macon Area is continuing to attain the 1997 Annual 
PM2.5 NAAQS and that attainment can be maintained through 
2024. EPA received no adverse comments on the February 5, 2014, 
proposed rulemaking and one comment supporting the proposal.
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    \1\ Although EPA received Georgia's request to redesignate the 
Macon Area to attainment for the 1997 Annual PM2.5 NAAQS 
on June 26, 2012, along with the maintenance plan SIP submission, 
the official submittal date for the redesignation request and 
maintenance plan is the date of the cover letter, June 21, 2012.
    \2\ EPA designated the Macon Area as nonattainment for the 
annual 1997 PM2.5 NAAQS on January 5, 2005 (70 FR 944) as 
supplemented on April 14, 2005 (70 FR 19844).
    \3\ On March 2, 2012, EPA approved, under section 172(c)(3) of 
the CAA, Georgia's 2002 base-year emissions inventory for the Macon 
Area as part of the SIP revision submitted by GA EPD to provide for 
attainment of the 1997 PM2.5 NAAQS in the Area. See 77 FR 
12724.
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    As stated in EPA's February 5, 2014, proposal notice, the 3-year 
design value of 13.4 micrograms per cubic meter ([mu]g/m\3\) for 2009-
2011 meets the PM2.5 Annual NAAQS of 15.0 [mu]g/m\3\. EPA 
has reviewed the most recent ambient monitoring data, which confirms 
that the Macon Area continues to attain the 1997 Annual 
PM2.5 NAAQS beyond the 3-year attainment period of 2009-
2011.

II. What are the actions EPA is taking?

    In today's rulemaking, EPA is approving Georgia's redesignation 
request to change the legal designation of Bibb County and a portion of 
Monroe County in Georgia from nonattainment to attainment for the 1997 
Annual PM2.5 NAAQS, and as a revision to the Georgia SIP, 
the State's 1997 Annual PM2.5 NAAQS maintenance plan and the 
MVEBs for direct PM2.5 and NOX for the Macon Area 
included in that maintenance plan. The maintenance plan is designed to 
demonstrate that the Macon Area will continue to attain the 1997 Annual 
PM2.5 NAAQS through 2023. EPA's approval of the 
redesignation request is based on EPA's determination that the Macon 
Area meets the criteria for redesignation set forth in CAA, including 
EPA's determination that the Macon Area has attained and continues to 
attain the 1997 Annual PM2.5 NAAQS and that attainment can 
be maintained through 2024. EPA's analyses of Georgia's redesignation 
request and maintenance plan are described in detail in the February 5, 
2014, proposed rule. See 79 FR 6842.
    Today, EPA is also clarifying and correcting an entry for Table 4 
of EPA's February 5, 2014, proposed rule related to onroad mobile 
emissions. In EPA's proposed rule, the 2020 PM2.5 onroad 
mobile emissions are presented as 70 tons. This was a typographical 
error. The 2020 PM2.5 onroad mobile emissions should have 
been listed as 107 tons as presented in Table 3-14 of Georgia's June 
21, 2012 submittal. Even with this change, EPA believes that it is 
appropriate to approve Georgia's redesignation request and maintenance 
plan. EPA has determined that the correction for Table 4 of EPA's 
February 5, 2014 proposed rule falls under the ``good cause'' exemption 
in section 553(b)(3)(B) of the Administrative Procedure Act which, upon 
finding ``good cause,'' authorizes agencies to dispense with public 
participation where public notice and comment procedures are 
impracticable, unnecessary, or contrary to the public interest. Public 
notice and comment for this typographical correction is unnecessary 
because EPA's evaluation leading to the February 5, 2014, proposal 
considered the correct value reported in Georgia's submittal, and 
therefore, the correction does not change EPA's determination that 
Georgia has met the requirements for the Macon Area to be redesignated 
to attainment for the 1997 Annual PM2.5 NAAQS.
    Subsequent to publication of the proposed rule, GA EPD notified EPA 
that the Georgia Board of Natural Resources had modified Georgia Rule 
391-3-1-.02(2)(mmm) entitled ``NOX Emissions from Stationary 
Gas Turbines and Stationary Engines used to Generate Electricity'' to 
exempt certain engines at data centers from the rule's NOX 
limits and had repealed Georgia Rule 391-3-1-.02(2)(bbb) entitled 
``Gasoline Marketing.'' GA EPD adopted Georgia Rule 391-3-1-.02(2)(mmm) 
as a statewide ozone control measure, and the recent amendment exempts 
stationary engines at data centers from the rule's NOX 
emission limits provided that the engines operate for less than 500 
hours per year and only for routine testing and maintenance (limited to 
May through September between 10 p.m. and 4 a.m.), when electric power 
from a utility is not available, or during internal system failures. 
These data centers are equipped with uninterruptable power supplies 
(UPSs) that supply electricity during a power outage, and the exempted 
engines are designed to provide power only when the UPSs malfunction. 
Given the nature of the exempted engines and the conditions necessary 
to qualify for the exemption, any emissions increase is likely 
negligible. The Gasoline Marketing rule, enacted to improve ozone 
levels in the Atlanta Area, required that fuel sold in the Atlanta 
ozone nonattainment area and in areas determined to have contributed to 
ozone levels in the nonattainment area contain reduced sulfur and have 
a reduced Reid Vapor Pressure. This rule applied to fuel sold in the 
portion of Monroe County within the Macon Area, and the projected 
mobile source emissions in GA EPD's maintenance plan assumed continued 
implementation of the rule through the maintenance period. GA EPD has 
subsequently provided calculations to EPA demonstrating that the repeal 
of the Gasoline Marketing rule increases the on-road NOX 
emissions projected for 2023 in the Macon Area by approximately 0.02 
tons per year (tpy) and does not change the projected emissions of 
SO2 or direct PM2.5.
    EPA has concluded that the changes to the aforementioned rules do 
not affect the Agency's decision to approve the redesignation request 
and maintenance plan for the Macon Area. Any increase in emissions that 
may result from these modifications is expected to be minimal and well 
within the margin necessary to maintain attainment of the 1997 annual 
PM2.5 standard. As discussed in the proposed rulemaking 
notice, emissions of SO2 and NOX in the Macon 
Area are expected to decrease by 93 percent (77,757 tpy to 5,397 tpy) 
and 38 percent (30,511 tpy to 18,903 tpy), respectively between 2007 
and 2023.

III. Why is EPA taking these actions?

    EPA has determined that the Macon Area has attained the 1997 Annual 
PM2.5 NAAQS and has also determined that all other criteria 
for the redesignation of the Macon Area from nonattainment to 
attainment of the 1997 Annual PM2.5 NAAQS have been met. See 
CAA section 107(d)(3)(E). One of those requirements is that the Macon 
Area has an approved plan demonstrating maintenance of the 1997 Annual 
PM2.5 NAAQS over the ten-year period following 
redesignation. EPA has determined that attainment can be maintained 
through 2024 and is taking final action to approve the maintenance plan 
for the Macon Area as meeting the requirements of sections 175A and 
107(d)(3)(E) of the CAA. The detailed rationale for EPA's findings and 
actions is set forth in the February 5, 2014 proposed rulemaking. See 
79 FR 6842.

IV. What are the effects of these actions?

    Approval of the redesignation request changes the legal designation 
of Bibb County and a portion of Monroe County for the 1997 Annual 
PM2.5 NAAQS. EPA is modifying the regulatory table in 40 CFR 
81.311 to reflect a designation of attainment for these counties. EPA 
is also approving, as a revision to the Georgia SIP, the State's plan 
for maintaining the 1997 Annual PM2.5 NAAQS in the Macon 
Area. The maintenance plan includes contingency measures to remedy 
possible future violations of the 1997 Annual PM2.5 NAAQS 
and establishes 2023 MVEBs for direct PM2.5 and 
NOX for the Macon Area. Within 24 months of the effective 
date of EPA's approval of the maintenance plan, the transportation 
partners will need to demonstrate

[[Page 27195]]

conformity to the new PM2.5 and NOX MVEBs 
pursuant to 40 CFR 93.104(e).

V. Final Action

    EPA is taking final action to approve the redesignation and change 
the legal designation of Bibb County and a portion of Monroe County for 
the 1997 Annual PM2.5 NAAQS. Through this action, EPA is 
also approving into the Georgia SIP the 1997 Annual PM2.5 
maintenance plan for the Macon Area, which includes the new 2023 
PM2.5 and NOX MVEBs of 80.5 tons per year (tpy) 
and 2,187 tpy, respectively, for this Area. EPA's approval of the 
redesignation request is based on the Agency's determination that the 
Macon Area meets the criteria for redesignation set forth in CAA, 
including EPA's determination that the Macon Area has attained and 
continues to attain the 1997 Annual PM2.5 NAAQS and that 
attainment can be maintained through 2024.

VI. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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,
     Do 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 final 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 July 14, 2014. 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: April 30, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding an entry for ``1997 Annual 
PM2.5 Maintenance Plan for the Macon Area'' at the end of 
the table to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

[[Page 27196]]

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                    Applicable geographic       State
    Name of non-regulatory  SIP       or  nonattainment    submittal date/   EPA approval date      Explanation
             provision                       area          effective date
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                                                  * * * * * * *
1997 Annual PM2.5 Maintenance Plan  Bibb County and a             6/21/12  5/13/14 [Insert        ..............
 for the Macon Area.                 portion of Monroe                      citation of
                                     County, Macon,                         publication].
                                     Georgia
                                     Nonattainment Area.
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PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.311, the table entitled ``Georgia--PM2.5 
(Annual NAAQS)'' is amended under ``Macon, GA'' by revising the entry 
for ``Bibb County and a portion of Monroe County'' to read as follows:

Sec.  81.311  Georgia

* * * * *

                      Georgia--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
                                             Designation \a\
        Designated area        -----------------------------------------
                                       Date \1\               Type
------------------------------------------------------------------------
 
                              * * * * * * *
Macon, GA:
    Bibb County...............  This action is          Attainment.
                                 effective May 13,
                                 2014.
    Monroe County (part)......  This action is          Attainment.
                                 effective May 13,
                                 2014.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

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[FR Doc. 2014-10842 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P
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