Federal Register / Vol. 79, No. 93 / Wednesday, May 14, 2014 / Rules and Regulations 27493 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title 

State 

effective 

date 

EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Chapter 22—Controlling Pollution 

567–22.1 ................................. Permits Required for New or 

Existing Stationary.

10/23/13 5/14/14 [insert Federal Register page number where 

the document begins]. 

*******

567–22.8 ................................. Permits By Rule ..................... 10/23/13 5/14/14 [insert Federal Register page number where 

the document begins] 

*******

Chapter 28—Ambient Air Quality Standards 

567–28.1 ................................. Statewide Standards .............. 10/23/13 5/14/14 [insert Federal Register page number where 

the document begins] 

*******

* * * * * 

PART 70—STATE OPERATING 

PERMITS PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (p) under ‘‘Iowa’’ 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(p) The Iowa Department of Natural 

Resources submitted for program approval 

revisions to 567–22.103(455B) revised 

insignificant activities which must be 

included in Title V Operating permit 

applications. These revisions to the Iowa 

program are approved effective July 14, 2014. 

* * * * * 

[FR Doc. 2014–10968 Filed 5–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0893; FRL–9910–65– 

Region 4 ] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Georgia; Redesignation of 

the Rome, Georgia, 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The 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 Rome, Georgia, 

fine particulate matter (PM2.5) 

nonattainment area (hereafter referred to 

as the ‘‘Rome Area’’ or ‘‘Area’’) to 

attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Rome Area is comprised 

of Floyd 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 Rome 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 Rome 

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 

inadvertent errors in the proposed 

rulemaking for this action. 

DATES: This rule is effective June 13, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0893. 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 


emcdonald on DSK67QTVN1PROD with RULES
27494 Federal Register / Vol. 79, No. 93 / Wednesday, May 14, 2014 / Rules and Regulations 

1Although EPA received Georgia’s request to 

redesignate the Rome 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. 

2EPA designated the Rome 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). 

3On January 12, 2012, EPA approved, under 

section 172(c)(3) of the CAA, Georgia’s 2002 baseyear emissions inventory for the Rome 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 1873. 

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 Rome 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 January 23, 2014, 

EPA proposed to redesignate the Rome 

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 Rome Area 

included in that maintenance plan.3 See 

79 FR 3757. EPA also proposed to 

determine that the Rome 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 

January 23, 2014, proposed rulemaking. 

As stated in EPA’s January 23, 2014, 

proposal notice, the 3-year design value 

of 13.3 micrograms per cubic meter (mg/ 

m3) for 2009–2011 meets the PM2.5

Annual NAAQS of 15.0 mg/m3. EPA has 

reviewed the most recent ambient 

monitoring data, which confirms that 

the Rome 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 Floyd 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 Rome Area 

included in that maintenance plan. The 

maintenance plan is designed to 

demonstrate that the Rome 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 

Rome Area meets the criteria for 

redesignation set forth in CAA, 

including EPA’s determination that the 

Rome 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 January 23, 2014, proposed 

rule. See 79 FR 3757. 

Today, EPA is also clarifying and 

correcting inadvertent errors related to 

Tables 2 and 6 in Section V of EPA’s 

January 23, 2014 proposed rulemaking. 

In Table 2 of EPA’s proposed rule, the 

2007 sulfur dioxide (SO2) point source 

emissions are presented as 24,275 tons. 

This was a typographical error. The 

2007 SO2 point source emissions should 

have been listed as 51,275 tons as 

presented in Table 3–2 of Georgia’s June 

21, 2012 submittal. Additionally, in 

Table 6 of EPA’s proposed rule, the 

2007 SO2 emissions are presented as 

25,276.1 tons. This was a typographical 

error. The 2007 SO2 emissions should 

have been listed as 52,077 tons as 

presented in Table 3–2 of Georgia’s June 

21, 2012 submittal. EPA has determined 

that the corrections to Tables 2 and 6 of 

EPA’s January 23, 2014 proposed rule 

fall 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 

these typographical corrections is 

unnecessary because EPA’s evaluation 

leading to the January 23, 2014, 

proposal considered the correct values 

reported in Georgia’s submittal, and 

therefore, the corrections do not change 

EPA’s determination that Georgia has 

met the requirements for the Rome 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 Rome 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 

Rome Area by approximately 3 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 Rome Area. Any increase in 

emissions that may result from these 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 93 / Wednesday, May 14, 2014 / Rules and Regulations 27495 

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 Rome Area are 

expected to decrease by 86 percent 

(52,077 tpy to 7,194 tpy) and 33 percent 

(15,475 tpy to 10,336 tpy), respectively 

between 2007 and 2023. 

III. Why is EPA taking these actions? 

EPA has determined that the Rome 

Area has attained the 1997 Annual 

PM2.5 NAAQS and has also determined 

that all other criteria for the 

redesignation of the Rome 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 Rome 

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 Rome 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 January 23, 2014 

proposed rulemaking. See 79 FR 3757. 

IV. What are the effects of these 

actions? 

Approval of the redesignation request 

changes the legal designation of Floyd 

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 Rome 

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 Rome Area. Within 24 months of 

the effective date of EPA’s approval of 

the maintenance plan, the 

transportation partners will need to 

demonstrate 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 Rome Area, 

which includes the new 2023 NOX and 

PM2.5 MVEBs of 994.4 tpy and 38.0 tpy, 

respectively, for this Area. EPA’s 

approval of the redesignation request is 

based on the Agency’s determination 

that the Rome Area meets the criteria for 

redesignation set forth in CAA, 

including EPA’s determination that the 

Rome 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 


emcdonald on DSK67QTVN1PROD with RULES
27496 Federal Register / Vol. 79, No. 93 / Wednesday, May 14, 2014 / Rules and Regulations 

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—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 ‘‘1997 Annual PM2.5

Maintenance Plan for the Rome Area’’ at 

the end of the table to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

1997 Annual PM2.5 Maintenance 

Plan for the Rome Area.

Floyd County, Rome, Georgia Area 6/21/12 5/14/2014 [Insert citation of publication].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.311, the table entitled 

‘‘Georgia- PM2.5 (Annual NAAQS)’’ is 

amended under ‘‘Rome, GA’’ by revising 

the entry for ‘‘Floyd County’’ to read as 

follows: 

§ 81.311 Georgia. 

* * * * * 

GEORGIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Rome, GA: 

Floyd County ...................................................................... This action is effective 5/14/2014 ............................................. Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–10960 Filed 5–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0431; FRL–9909–80] 

RIN 2070–ZA16 

Mancozeb, Maneb, Metiram, and 

Thiram; Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking, modifying, 

and establishing specific tolerances for 

the fungicide mancozeb and revising the 

definition for total residue of 

dithiocarbamates permitted in or on the 

same raw agricultural commodity. 

These actions are in follow-up to the 

tolerance recommendations made 

during the reregistration and tolerance 

reassessment processes (including 

follow-up on canceled or additional 

uses of pesticides). In addition, EPA is 

removing expired tolerances for 

mancozeb and maneb. EPA is taking no 

further tolerance actions herein on 

metiram and thiram because proposed 

changes have since been completed for 

metiram and the Agency expects to 

propose tolerance actions for thiram in 

a future notice in the Federal Register. 

DATES: This regulation is effective 

November 14, 2014. Objections and 

requests for hearings must be received 

on or before July 14, 2014, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0431, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 


emcdonald on DSK67QTVN1PROD with RULES