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[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24399-24403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9707]

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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.

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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

[[Page 24400]]

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.
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    \1\ EPA 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.
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    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 one-year 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,

[[Page 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]
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                                                Point             Area             On-road          Non-road
                 County                  -----------------------------------------------------------------------
                                            NOX      VOC      NOX      VOC      NOX      VOC      NOX      VOC
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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

[[Page 24402]]

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

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 a new entry for ``Atlanta; 
1997 8-Hour Ozone 2002 Base-Year Emissions Inventory'' to read as 
follows:

[[Page 24403]]

Sec.  52.  570 Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                                                       State submittal
 Name of nonregulatory SIP  provision      Applicable geographic or     date/effective      EPA approval date
                                              nonattainment area             date
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                                                  * * * * * * *
33. Atlanta 1997 8-Hour Ozone 2002      Barrow, Bartow, Carroll,           10/21/2009   4/24/2012 [Insert
 Base-Year Emissions Inventory.          Cherokee, Clayton, Cobb,                        citation of
                                         Coweta, DeKalb, Douglas,                        publication].
                                         Fayette, Forsyth, Fulton,
                                         Gwinnett, Hall, Henry,
                                         Newton, Paulding, Rockdale,
                                         Spalding and Walton Counties
                                         in their entireties.
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[FR Doc. 2012-9707 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P
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