
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60904-60907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24525]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0084; FRL-9737-8]


Air Quality Implementation Plans; Alabama; Attainment Plan for 
the Alabama Portion of the Chattanooga 1997 Annual PM2.5 Nonattainment 
Area

AGENCY: Environmental Protection Agency (EPA or Agency).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the State Implementation 
Plan (SIP) revision submitted by the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM) to EPA on October 
7, 2009, for the purpose of providing for attainment of the 1997 fine 
particulate matter (PM2.5) national ambient air quality 
standards (NAAQS) in the Alabama portion of the tri-state Chattanooga 
PM2.5 nonattainment area (hereafter referred to as the 
``Chattanooga Area'' or ``Area''). The Chattanooga Area is comprised of 
Catoosa and Walker Counties in Georgia; Hamilton County in Tennessee; 
and a portion of Jackson County in Alabama. The Alabama SIP revision 
(hereafter referred to as the ``attainment plan'') pertains only to the 
Alabama portion of the Chattanooga Area (hereafter referred to as 
``Jackson County''). EPA is now taking final action to approve 
Alabama's October 7, 2009, SIP revision regarding reasonably available 
control technology (RACT) and reasonably available control measures 
(RACM); reasonable further progress (RFP); contingency measures; and, 
for transportation conformity purposes, an insignificance determination 
for PM2.5 and nitrogen oxides (NOX) for the 
mobile source contribution to ambient PM2.5 levels for the 
Alabama portion of the Chattanooga Area. This action is being taken in 
accordance with the Clean Air Act (CAA or Act) and the ``Clean Air Fine 
Particle Implementation Rule,'' hereafter referred to as the 
``PM2.5 Implementation Rule,'' issued by EPA on April 25, 
2007.

DATES: Effective Date: This rule will be effective on November 5, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2011-0084. 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: Joel Huey or Richard Wong of the 
Regulatory Development Section, in the Air Planning Branch, Air, 
Pesticides and

[[Page 60905]]

Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey 
may be reached by phone at (404) 562-9104, or via electronic mail at 
huey.joel@epa.gov. Richard Wong may be reached by phone at (404) 562-
8726, or via electronic mail at wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
II. What is the background for EPA's action?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is taking final action to approve Alabama's SIP revision for 
the Alabama portion of the Chattanooga Area,\1\ as submitted through 
the ADEM to EPA on October 7, 2009, for the purpose of demonstrating 
attainment of the 1997 Annual PM2.5 NAAQS. Alabama's 
PM2.5 attainment plan for Jackson County includes an 
analysis of RACM/RACT, an RFP plan, contingency measures, and an 
insignificance determination for mobile direct PM2.5 and 
NOX emissions for transportation conformity purposes. EPA 
previously approved the base year emissions inventory for the Alabama 
portion of the Chattanooga Area on February 8, 2012 (77 FR 6467).
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    \1\ On May 31, 2011, EPA determined that the Chattanooga Area 
had attaining data for the 1997 Annual PM2.5 NAAQS. See 
76 FR 31239. As such, the State of Georgia withdrew its attainment 
plan submittal for the Georgia portion of the Chattanooga Area on 
June 29, 2011. The State of Tennessee has not withdrawn its 
attainment plan submittal for the Tennessee portion of the 
Chattanooga Area, however, EPA is not acting on that submittal at 
this time.
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    EPA has determined that Alabama's PM2.5 attainment plan 
for the 1997 Annual PM2.5 NAAQS for Jackson County meets the 
applicable requirements of the CAA and the PM2.5 
Implementation Rule. Thus, EPA is taking final action to approve 
Alabama's attainment plan for Jackson County, including the 
insignificance determination for direct PM2.5 and 
NOX for Alabama's mobile source contribution to ambient 
PM2.5 levels in the Chattanooga Area. More detail on EPA's 
rationale for this approval can be found in EPA's July 12, 2012, 
proposed rulemaking for this action (see 77 FR 41132).

II. What is the background for EPA's action?

    On April 25, 2007, EPA published the PM2.5 
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586). 
This rule describes the CAA framework and requirements for developing 
SIPs to achieve attainment in areas designated nonattainment for the 
1997 PM2.5 NAAQS. Such attainment plans must include a 
demonstration that a nonattainment area will meet the applicable NAAQS 
within the timeframe provided in the statute. For the 1997 
PM2.5 NAAQS, an attainment demonstration must show that a 
nonattainment area will attain the standards as expeditiously as 
practicable, but within five years of designation (i.e., by an 
attainment date of no later than April 5, 2010, based on air quality 
data for 2007 through 2009). As mentioned above, ADEM provided 
Alabama's SIP revision with the attainment plan (the subject of this 
rulemaking) for the Alabama portion of the Chattanooga Area on October 
7, 2009.
    On May 31, 2011, EPA determined that the Chattanooga Area had 
attaining data for the 1997 Annual PM2.5 NAAQS. See 76 FR 
31239. That determination was based on quality-assured, quality 
controlled and certified ambient air monitoring data that shows the 
Area met the 1997 Annual PM2.5 NAAQS. Furthermore, on 
September 8, 2011, in accordance with CAA 179(c), EPA determined that 
the Chattanooga Area attained the 1997 Annual PM2.5 NAAQS by 
its applicable attainment date of April 5, 2010. See 76 FR 55774. This 
information is mentioned here in support of EPA's determination that 
Alabama's attainment plan was sufficient for the Chattanooga Area to 
achieve attainment by no later than the required attainment date of 
April 5, 2010.
    As discussed in the May 31, 2011, rulemaking, EPA's determination 
of attainment \2\ suspended the obligation for the State to meet 
planning SIP requirements for the Chattanooga Area for so long as the 
Area continues to attain the 1997 Annual PM2.5 NAAQS. See 40 
CFR 51.1004(c). The State must still submit required emissions 
inventories consistent with applicable timelines.\3\ The suspended SIP 
submission obligations include the attainment demonstration (including 
in this case the mobile source insignificance determination submitted 
to satisfy transportation conformity requirements), the RACM/RACT 
analysis and requirements, the RFP requirements as applicable, and 
contingency measures. Despite the suspension of the aforementioned 
attainment plan requirements for the Chattanooga Area for the 1997 
Annual PM2.5 NAAQS, Alabama has requested that EPA take 
action on its planning SIP for this Area in part because the SIP 
submittal includes the insignificance determination for conformity 
purposes.
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    \2\ The determination of attainment is not a redesignation of 
the Area from nonattainment to attainment and is not an indication 
that the Area will continue to maintain the standard for which the 
determination is made. It is merely a determination that the Area 
attained the standard for a particular three year period and also by 
the applicable deadline. Please see EPA's May 31, 2011, rulemaking 
for more detail on the effects of a determination of attainment.
    \3\ EPA has already approved the base year emissions inventory 
for the Alabama portion of the Chattanooga Area on February 8, 2012 
(77 FR 6469).
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    EPA's July 12, 2012, proposal action provides additional details 
regarding the rationale for today's final action. A brief discussion is 
provided here as well. As shown in the table below, ambient 
PM2.5 levels in the Chattanooga Area have declined steadily 
since Alabama submitted its PM2.5 attainment plan in 2009.

                       Annual Average Design Value Concentrations in the Chattanooga Area
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                                                                                Design values (average of three
                                                                                  consecutive annual average
             Site name                       County              Site No.        concentrations) ([mu]g/m\3\)
                                                                             -----------------------------------
                                                                                2008     2009     2010     2011
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Siskin Drive.......................  Hamilton, TN..........      47-065-4002     14.3     12.7     11.6     11.1
Tombras Avenue.....................  Hamilton, TN..........      47-065-0031     14.0     12.6     11.6     11.2
Soddy-Daisy High School............  Hamilton, TN..........      47-065-1011     13.0     11.7     11.4     11.0
Rossville..........................  Walker, GA............      13-295-0002     13.5     12.3     10.7     10.1
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[[Page 60906]]

    EPA understands that the State chose not to withdraw the attainment 
plan SIP revision for its portion of the Chattanooga Area because it 
includes a mobile insignificance determination for direct 
PM2.5 and NOX emissions from mobile sources. EPA 
is now taking final action to approve the submittal.
    On July 12, 2012, EPA proposed to approve Alabama's 
PM2.5 attainment plan, which includes an attainment 
demonstration; RACT and RACM; RFP; contingency measures; and, for 
transportation conformity purposes, an insignificance determination for 
direct PM2.5 and NOX for the mobile source 
contribution to ambient PM2.5 levels for the State's portion 
of the Chattanooga Area. As mentioned above, more detail on EPA's 
rationale for this approval can be found in EPA's July 12, 2012, 
proposed rulemaking for this action. See 77 FR 41132.
    The recent D.C. Circuit decision on the Cross-State Air Pollution 
Rule (Transport Rule), EME Homer Generation LP v. EPA, No. 11-1302 
(D.C. Cir., August 21, 2012) \4\ does not disturb EPA's determination 
that it is appropriate to move forward with this final action. As EPA 
explained in the proposed rule, the air quality analysis conducted for 
the Transport Rule demonstrates that the Chattanooga Area would be able 
to attain the 1997 Annual PM2.5 NAAQS even in the absence of 
either the Clean Air Interstate Rule (CAIR) or the Transport Rule. 
Nothing in the D.C. Circuit's August 2012 decision disturbs or calls 
into question that conclusion or the validity of the air quality 
analysis on which it is based. More importantly, and as EPA also 
explained in the proposal, see 77 FR 41136, the Transport Rule is not 
relevant to this action. The Transport Rule only addressed emissions in 
2012 and beyond. As such, it is not relevant to the question addressed 
in today's action--whether the attainment plan submitted by Alabama is 
sufficient for bringing the Area into attainment by the April 2010 
attainment date, a date before the Transport Rule was even promulgated.
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    \4\ The court's judgment is not final at this time as the 
mandate has not yet issued.
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    For this same reason, the status of CAIR after the April 2010 
attainment date is also not relevant to this action. While the 
monitoring data that shows the Area attained the 1997 Annual 
PM2.5 NAAQS by the April 2010 attainment deadline was 
impacted by CAIR, CAIR was in place and enforceable through the 2010 
attainment date that is relevant to action on this attainment plan. 
CAIR was an enforceable control measure during the relevant period 
applicable to affected sources in the Area, as well as sources 
throughout the eastern U.S. As such, the status of CAIR after that date 
is irrelevant and does not impact our conclusion that the attainment 
plan should be approved. Moreover, in its August 2012 decision, the 
Court also ordered EPA to continue implementing CAIR. See Homer, slip 
op. at 60. In sum, neither the current status of CAIR nor the current 
status of the Transport Rule affects any of the criteria for proposed 
approval of this SIP revision.
    The comment period for EPA's July 12, 2012, proposed rulemaking 
closed on August 13, 2012. EPA did not receive any comments, adverse or 
otherwise, on the proposed rulemaking to approve Alabama's submission 
for the 1997 PM2.5 NAAQS, which includes an attainment 
demonstration; RACT and RACM; RFP; contingency measures; and, for 
transportation conformity purposes, an insignificance determination for 
direct PM2.5 and NOX for the mobile source 
contribution to ambient PM2.5 levels for the State's portion 
of the Chattanooga Area.

III. Final Action

    EPA is taking final action to approve a revision to Alabama's SIP 
submitted to EPA by ADEM on October 7, 2009, for the purpose of 
demonstrating how the Alabama portion of the Chattanooga Area would 
achieve attainment of the 1997 Annual PM2.5 NAAQS by no 
later than April 5, 2010. Alabama's October 7, 2009, SIP revision 
includes an attainment demonstration; RACT and RACM analyses; an RFP 
plan; base-year emissions inventories; contingency measures; and, for 
transportation conformity purposes, an insignificance determination for 
direct PM2.5 and NOX for the mobile source 
contribution to ambient PM2.5 levels for the State's portion 
of the Chattanooga Area. After review and consideration of the relevant 
information and data, EPA has determined that the Alabama October 7, 
2009, SIP revision is consistent with the CAA and EPA's 
PM2.5 Implementation Rule, and as such EPA is approving this 
SIP revision.

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 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,

[[Page 60907]]

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 December 4, 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. 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, Sulfur oxides, 
Volatile organic compounds.

    Dated: September 25, 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 B--Alabama

0
2. In Sec.  52.50, table ``EPA Approved Alabama Non-Regulatory 
Provisions'' in paragraph (e) is amended by adding a new entry for 
``Attainment Plan for the Alabama Portion of the Chattanooga 1997 
Annual PM2.5 Nonattainment Area'' to read as follows:


Sec.  52.50  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Alabama Non-Regulatory Provisions
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                                       Applicable           State
   Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date        Explanation
            provision              nonattainment area  effective date
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                                                  * * * * * * *
Attainment Plan for the Alabama   A portion of             10/07/2009  10/05/2012 [Insert   ....................
 Portion of the Chattanooga 1997   Jackson County,                      citation of
 Annual PM2.5 Nonattainment Area.  Alabama.                             publication].
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[FR Doc. 2012-24525 Filed 10-4-12; 8:45 am]
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