
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6467-6471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2731]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0084-201167(a); FRL-9628-2]


Approval and Promulgation of Implementation Plans; Alabama, 
Georgia, and Tennessee: Chattanooga; Particulate Matter 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 fine 
particulate matter (PM2.5) 2002 base year emissions 
inventory portion of the State Implementation Plan (SIP) revisions 
submitted by the States of Alabama on July 31, 2009, Georgia on October 
27, 2009, and Tennessee on October 15, 2009. The emissions inventory is 
part of the tri-state Chattanooga, Alabama-Georgia-Tennessee, 
(hereafter referred to as ``the Chattanooga Area'' or ``Area''), 
PM2.5 attainment demonstrations that were submitted for the 
1997 annual PM2.5 National Ambient Air Quality Standards 
(NAAQS). This action is being taken pursuant to section 110 of the 
Clean Air Act (CAA).

DATES: This direct final rule is effective April 9, 2012 without 
further notice, unless EPA receives adverse comment by March 9, 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-2011-0084, 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.

[[Page 6468]]

    4. Mail: ``EPA-R04-OAR-2011-0084,'' 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 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0084. 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: Sean Lakeman, 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) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background
II. Analysis of State Submittals
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. On January 5, 2005 (70 FR 944), EPA published its air 
quality designations and classifications for the 1997 annual 
PM2.5 NAAQS based upon air quality monitoring data for 
calendar years 2001-2003. These designations became effective on April 
5, 2005. The Chattanooga Area (which is comprised of a portion of 
Jackson County in Alabama, Catoosa and Walker Counties in Georgia and 
Hamilton County in Tennessee) was designated nonattainment for the 1997 
annual PM2.5 NAAQS. See 40 CFR 81.311.
    Designation of an area as nonattainment starts the process for a 
state to develop and submit to EPA a SIP under title 1, part D of the 
CAA. This SIP must include, among other elements, a demonstration of 
how the NAAQS will be attained in the nonattainment area as 
expeditiously as practicable but no later than the date required by the 
CAA. Under CAA section 172(b), a state has up to three years after an 
area's designation as nonattainment to submit its SIP to EPA. For the 
1997 PM2.5 NAAQS, these SIPs were due April 5, 2008. See 40 
CFR 51.1002(a).
    On July 31, 2009, October 27, 2009, and October 15, 2009, Alabama, 
Georgia and Tennessee (respectively) submitted attainment 
demonstrations and associated reasonably available control measures 
(RACM), reasonable further progress (RFP) plans, contingency measures, 
a 2002 base year emissions inventory and other planning SIP revisions 
related to attainment of the 1997 annual PM2.5 NAAQS in the 
Chattanooga Area. On May 31, 2011 (76 FR 31239), EPA determined that 
the Chattanooga Area attained the 1997 annual average PM2.5 
NAAQS. The determination of attainment was based upon complete, 
quality-assured and certified ambient air monitoring data for the 2007-
2009 period, showing that the Area had monitored attainment of the 1997 
annual PM2.5 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 
standard were suspended as a result of the determination of attainment, 
so long as the Area continues to attain the 1997 annual 
PM2.5 NAAQS. See 40 CFR 51.1004(c).
    On June 29, 2011, Georgia withdrew \1\ its Chattanooga attainment 
plan as allowed by 40 CFR 51.1004(c); however, such withdrawal does not 
suspend the emissions inventory requirement found in CAA section 
172(c)(3). Section 172(c)(3) 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 
SIP revisions submitted on July 31, 2009, October 27, 2009 and October 
15, 2009, by Alabama, Georgia and Tennessee (respectively), as required 
by section 172(c)(3).
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    \1\ Per phone conversation between Lynorae Benjamin (EPA Region 
4) and Jimmy Johnson (Georgia Department of Natural Resources) on 
October 17, 2011, the withdrawal notice did not include the 
emissions inventory portion of the submittal.
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II. Analysis of State Submittals

    As discussed above, section 172(c)(3) 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. Alabama,

[[Page 6469]]

Georgia and Tennessee selected 2002 as base year for their emissions 
inventory per 40 CFR 51.1008(b). Emissions contained in the Chattanooga 
emissions inventory cover the general source categories of point 
sources, non-road mobile sources, area sources, on-road mobile sources, 
and biogenic sources. A detailed discussion of the emissions inventory 
development can be found in Section 4 of the Alabama submittal, 
Appendix H of the Georgia submittal, and Appendix 4 of the Tennessee 
submittal. A summary is also provided below.
    The tables below provide a summary of the annual 2002 emissions of 
nitrogen oxides (NOX), sulfur dioxide (SO2) and 
PM2.5.

     Table 1--2002 Annual Emissions for the Chattanooga Area (tons)
------------------------------------------------------------------------
                                              Point sources
            County             -----------------------------------------
                                     NOX           SO2          PM2.5
------------------------------------------------------------------------
Jackson, AL (partial).........       26,337        44,080           933
Catoosa, GA...................            0             0             0
Walker, GA....................         45.7         203.1           1.7
Hamilton, TN..................        2,856         1,721           567
�������������������������������
                                     Non-road sources
                               -----------------------------------------
Jackson, AL (partial).........           14             5             1
Catoosa, GA...................        671.4          50.8          37.4
Walker, GA....................        269.1            21          19.2
Hamilton, TN..................        6,428           539           292
�������������������������������
                                       Area sources
                               -----------------------------------------
Jackson, AL (partial).........            3            17            12
Catoosa, GA...................        165.4         272.8         688.7
Walker, GA....................        417.4         763.9       1,040.6
Hamilton, TN..................          639           507         1,000
�������������������������������
                                      Mobile sources
                               -----------------------------------------
Jackson, AL (partial).........            7             6             0
Catoosa, GA...................      2,377.1          92.1          37.2
Walker, GA....................      1,698.7          71.1          29.3
Hamilton, TN..................       11,610           461           183
------------------------------------------------------------------------

    The 172(c)(3) 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, nonroad mobile and on-road mobile). This inventory often 
forms the basis of data that are updated with more recent information 
and data that also are used in the attainment demonstration modeling 
inventory. Such was the case in the development of the 2002 emissions 
inventory that was submitted in each State's attainment SIPs 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 these SIPs. 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 quality assurance project plan that 
was developed through VISTAS and approved by EPA. EPA agrees that the 
process used to develop these inventories was adequate to meet the 
requirements of CAA 172(c)(3) and the implementing regulations.
    EPA has reviewed the emissions inventories from Alabama, Georgia 
and Tennessee, and finds that they are adequate for the purposes of 
meeting section 172(c)(3) emissions inventory requirement for the 1997 
annual PM2.5 standard. The emissions inventories are 
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 SIP revisions submitted by: the State of Alabama on July 31, 2009, 
the State of Georgia on October 27, 2009 and the State of Tennessee on 
October 15, 2009. This action is being taken pursuant to section 110 of 
the CAA. 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 April 9, 2012 
without further notice unless the Agency receives adverse comments by 
March 9, 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

[[Page 6470]]

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 April 9, 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 April 9, 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, Particulate 
matter, Reporting and recordkeeping requirements and Sulfur oxides.

    Dated: January 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is 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 B--Alabama

0
2. Section 52.50(e) is amended by adding a new entry for ``Chattanooga; 
Fine Particulate Matter 2002 Base Year Emissions Inventory'' at the end 
of the table to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                      Applicable
    Name of nonregulatory SIP       geographic or     State submittal
            provision               nonattainment      date/effective     EPA approval date       Explanation
                                         area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chattanooga; Fine Particulate     Jackson County...            7/31/09  2/8/12 [Insert
 Matter 2002 Base Year Emissions                                         citation of
 Inventory.                                                              publication].
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Subpart L--Georgia

0
2. Section 52.570(e), is amended by adding a new entry 29 to read as 
follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

[[Page 6471]]



                                 EPA-Approved Georgia Non-regulatory Provisions
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                                                           State submittal
    Name of nonregulatory SIP      Applicable geographic    date/effective            EPA approval date
            provision              or nonattainment area         date
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                                                  * * * * * * *
29. Chattanooga; Fine             Catoosa and Walker               10/27/09  2/8/12 [Insert citation of
 Particulate Matter 2002 Base      Counties.                                  publication].
 Year Emissions Inventory.
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Subpart RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry for 
``Chattanooga; Fine Particulate Matter 2002 Base Year Emissions 
Inventory'' at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-regulatory Provisions
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   Name of non-regulatory SIP      Applicable geographic   State effective
            provision              or nonattainment area         date        EPA approval date     Explanation
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                                                  * * * * * * *
Chattanooga; Fine Particulate     Hamilton County.......           10/15/09  2/8/12 [Insert
 Matter 2002 Base Year Emissions                                              citation of
 Inventory.                                                                   publication].
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[FR Doc. 2012-2731 Filed 2-7-12; 8:45 am]
BILLING CODE 6560-50-P


