[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34660-34665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11829]
[[Page 34660]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-0003; R04-OAR-2004-GA-0003-
200517; FRL-7924-7]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia, Redesignation of
Atlanta Severe 1-Hour Ozone Nonattainment Area to Attainment for Ozone;
Maintenance Plan; Motor Vehicle Emission Budgets; Revisions to Rules
for Air Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is granting final approval of the 1-hour ozone
redesignation request and the 10-year maintenance plan State
Implementation Plan (SIP) revision, including the new 2015 Motor
Vehicle Emission Budgets (MVEB) for the Atlanta severe 1-hour ozone
National Ambient Air Quality Standard (NAAQS) nonattainment area, which
were submitted by the Georgia Environmental Protection Division (EPD)
on February 1, 2005. The current Atlanta severe 1-hour ozone
nonattainment area consists of the following counties: Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale (Atlanta area). EPA's approval
of the 1-hour ozone redesignation request is based on our determination
that the Atlanta area has met the criteria for redesignation to
attainment specified in the Clean Air Act (CAA or Act), including a
demonstration that the Atlanta area has attained the 1-hour ozone
NAAQS. EPA is granting final approval of the 10-year maintenance plan
SIP revision, including the new 2015 MVEB, because EPA has determined
that the plan complies with the requirements of section 175A of the
Act.
For transportation purposes, EPA is also finalizing its adequacy
determination for the new 2015 MVEB. EPA has determined that the MVEB
for the year 2015 are adequate for transportation conformity purposes.
DATES: Effective Date: This rule is effective June 14, 2005.
ADDRESSES: EPA has established a docket for this action under Regional
Material in EDocket (RME) ID No. RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-
0003; R04-OAR-2004-GA-0003. All documents in the docket are listed in
the RME index at http://docket.epa.gov/rmepub/. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Although listed in the index, some information
is not publicly available, i.e., Confidential Business Information
(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 RME 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: Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street, SW., Atlanta, Georgia, 30303-8960. The telephone number
is (404) 562-9036. Mr. Martin can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in
this document refers to EPA.
Table of Contents
I. What is the background for this action?
II. What actions are we taking?
III. When are these actions effective?
IV. What comments did we receive and what are our responses?
V. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
On February 1, 2005, EPD submitted a request to redesignate the
severe 1-hour ozone nonattainment area of Atlanta, Georgia, to
attainment, and a request for EPA approval of a Georgia SIP revision
containing a 10-year maintenance plan for the Atlanta area, including
new MVEB for the year 2015. In addition, Georgia requested that EPA
make a determination that certain SIP submittal requirements related to
attainment demonstrations and reasonable further progress (RFP) are not
applicable requirements for the purposes of this redesignation request
because the Atlanta area has attained the 1-hour ozone NAAQS based on
ambient air ozone season monitoring data for the 3-year period
including the years 2002, 2003, and 2004. On April 20, 2005, (70 FR
20495), EPA published a proposed rule proposing to take four actions on
these requests: to find that the Atlanta area has attained the 1-hour
ozone NAAQS; to find that certain attainment demonstration and RFP
requirements, along with other related requirements of part D of title
I of the CAA, are not applicable to the Atlanta area for so long as it
continues to attain the 1-hour ozone NAAQS; to approve the 10-year
maintenance plan, including the 2015 MVEB; and to approve the 1-hour
ozone redesignation request for the Atlanta area.
In a separate action, effective June 14, 2005, EPA granted final
approval on two of the four actions proposed for approval on April 20,
2005, (70 FR 20495). In that separate action, EPA determined that the
Atlanta severe 1-hour ozone nonattainment area has attained the 1-hour
ozone NAAQS, and that certain CAA requirements are no longer
applicable, so long as the Atlanta area continues to maintain the 1-
hour ozone NAAQS.
In addition, in another separate action taken on May 9, 2005, (70
FR 24310), EPA published a direct final rule approving revisions to
Georgia's Rules for Air Quality to satisfy the additional requirements
for severe 1-hour ozone nonattainment areas. The comment period for the
May 9, 2005, action ended on June 8, 2005, and EPA received no adverse
comment.
II. What Actions Are We Taking?
EPA is granting final approval of the remaining two actions
proposed for approval on April 20, 2005, (70 FR 20495). Specifically,
EPA is approving Georgia's request for redesignation and thereby
approving a change in the legal designation of the Atlanta area from
nonattainment to attainment for the 1-hour ozone NAAQS. EPA is also
approving Georgia's 10-year maintenance plan SIP revision for the
Atlanta area because the plan complies with the requirements of section
175A of the Act. The maintenance plan is designed to keep the Atlanta
area in attainment for the 1-hour ozone standard for the next 10 years.
Finally, for transportation purposes, EPA is finalizing its
adequacy determination for the new 2015 MVEB. EPA has determined that
the MVEB for the year 2015 are adequate for transportation conformity
purposes.
[[Page 34661]]
A. Redesignation and 10-Year Maintenance Plan
Section 107(d)(3)(D) of the Act allows a Governor to initiate the
redesignation process for an area to apply for attainment status. On
February 1, 2005, Georgia requested redesignation of the Atlanta area's
severe 1-hour ozone nonattainment status to attainment status and
requested EPA approval of the 10-year maintenance plan for the Atlanta
area. Today, EPA is approving the 1-hour ozone redesignation request
and the 10-year maintenance plan SIP revision. EPA's approval of the 1-
hour ozone redesignation request is based on our determination that the
Atlanta area has met the five criteria for redesignation to attainment
specified in the CAA, including a demonstration that the area has
attained the 1-hour ozone NAAQS. The 1990 CAA Amendments revised
section 107(d)(3)(E) to provide five specific criteria that an area
must meet in order to be redesignated from nonattainment to attainment.
These five criteria are: (1) The area has attained the applicable
NAAQS; (2) the area has a fully approved SIP under section 110(k) of
the CAA; (3) the air quality improvement is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, applicable federal air pollution control regulations, and
other permanent and enforceable reductions; (4) the area has a fully
approved maintenance plan pursuant to section 175A of the Act; and (5)
the area has met all applicable requirements under section 110 and part
D of the CAA. EPA's analysis of the five criteria as applied to the
Atlanta area is discussed in detail in the April 20, 2005, (70 FR
20495), proposed rule.
With regard to criteria 1, EPA has already determined, in a
separate action effective June 14, 2005, that the Atlanta severe 1-hour
ozone nonattainment area has attained the 1-hour ozone NAAQS. With
regard to criteria 2 and 5, EPA has determined that the Atlanta area
has a fully approved SIP under section 110(k) of the CAA, and that the
area has met all applicable requirements under section 110 and part D
of the Act.
Specifically, EPA has analyzed the Georgia SIP and determined that
it is consistent with the requirements of CAA section 110(a)(2). Title
40 CFR 52.570, subpart L, contains the historical record of the Georgia
SIP. The Georgia SIP contains enforceable emission limitations;
requires monitoring, compiling, and analyzing ambient air quality data;
requires preconstruction review of new major stationary sources and
major modifications to existing ones; provides for adequate funding,
staff, and associated resources necessary to implement its
requirements; and requires stationary source emissions monitoring and
reporting.
In addition, EPA has determined that the Atlanta area has met all
applicable requirements under section 110 and part D of the CAA. At the
time of the proposed rule on April 20, 2005, (70 FR 20495), EPA
proposed to find that the Atlanta area had met most of the applicable
requirements under section 110 and part D of the Act. However, in the
proposed rule, we stated that EPA had not yet approved certain rule
revisions pertaining to section 182(a)(2)(A) and section 182(d) of the
Act, and that we would take action on these rule revisions separately
and prior to any final rule on the redesignation request. On May 9,
2005, (70 FR 24310), EPA published a direct final rule approving
revisions to Georgia's Rules for Air Quality to satisfy the additional
requirements for severe 1-hour ozone nonattainment areas required by
section 182(d) of the Act. The comment period for this direct final
rule ended on June 8, 2005, and EPA received no adverse comment. These
revisions satisfy the additional requirements for severe 1-hour ozone
nonattainment areas. Also, on April 12, 2005, (70 FR 19031), EPA
proposed approval of Georgia's Severe Area Vehicle Miles Traveled SIP
submittal which was for the purpose of offsetting any growth in
emissions from growth in vehicle miles traveled (VMT) as required by
the Act. In a separate action, effective June 14, 2005, EPA granted
final approval to this submittal.
In our April 20, 2005, (70 FR 20495), proposed rule, EPA also
indicated that we had not yet approved Georgia's reasonably available
control technology (RACT) rule corrections, which are required by
section 182(a)(2)(A) of the Act. This was an error. EPA approved
Georgia's RACT rule corrections on October 13, 1992, (57 FR 46780),
effective December 14, 1992.
Finally, EPA determined, in a separate action effective June 14,
2005, that certain attainment demonstration requirements (section
172(c)(1) of the CAA), along with certain other related requirements of
part D of title I of the CAA, including the section 172(c)(9)
contingency measure requirement (measures needed to mitigate a state's
failure to achieve RFP toward, and attainment of, a NAAQS), the section
182 attainment demonstration and rate of progress (ROP) requirements,
and the section 182(j) multi-state attainment demonstration
requirement, are not applicable to the Atlanta area. Therefore, with
regard to redesignation criteria 2 and 5, EPA finds that the Atlanta
area has a fully approved SIP under section 110(k) of the CAA, and that
the area has met all applicable requirements under section 110 and part
D of the Act.
EPA also finds that redesignation criteria 3 and 4 have been met
for the Atlanta area. For the reasons discussed in the April 20, 2005,
(70 FR 20495), proposed rule, EPA has determined that the air quality
improvement in the Atlanta area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP,
applicable federal air pollution control regulations, and other
permanent and enforceable reductions. In addition, our April 20, 2005,
(70 FR 20495), proposed rule provides a detailed discussion of EPA's
reasons for its proposed approval of the Atlanta area's 10-year
maintenance plan. EPA notes that in the proposed rule, we announced our
preliminary conclusion that the Atlanta area's maintenance of the 1-
hour ozone standard is indicated under either future fuel scenario (use
of reformulated gasoline (RFG) or use of only the Georgia gasoline
currently in place). We also announced our intention to confirm this
preliminary conclusion prior to taking final action on the
redesignation request and approval of the 10-year maintenance plan. As
fully discussed in the Response to Comments section of this final rule,
EPA has confirmed our preliminary conclusion that the Atlanta area will
maintain the 1-hour ozone standard throughout the 10-year maintenance
plan period by using only Georgia gasoline or by using RFG that meets
the low-sulfur requirements in Georgia's SIP. For the reasons stated in
our proposed rule on the 10-year maintenance plan and based on our
confirmation concerning future fuel scenarios for the Atlanta area, EPA
is finalizing its approval of Georgia's 10-year maintenance plan SIP
submittal for the Atlanta area.
EPA's approval of Georgia's 10-year maintenance plan SIP submittal
for the Atlanta area, includes our approval of the new 2015 MVEB
contained within the maintenance plan. The 2015 MVEB for nitrogen oxide
(NOX) in the Atlanta area is 121.88 tons per ozone season
weekday (tpd). The 2015 MVEB for volatile organic compounds (VOC) in
the Atlanta area is 83.42 tpd.
B. What Are the Effects of Redesignation
Approval of the Atlanta area redesignation request changes the
official designation for the 1-hour ozone NAAQS found at 40 CFR part 81
for the
[[Page 34662]]
State of Georgia, Atlanta Area, from nonattainment to attainment. It
also incorporates into the Georgia SIP a plan for maintaining the 1-
hour ozone NAAQS through 2015. The plan includes contingency measures
to remedy any future violations of the 1-hour ozone NAAQS, and includes
VOC and NOX MVEB for 2015 for the Atlanta area.
C. Adequacy of the 2015 Motor Vehicle Emission Budgets
Through this rule, EPA is providing notice that it has determined
that the 2015 MVEB for VOC and NOX, as contained in the 10-
year maintenance plan, meet the substantive criteria for ``adequacy,''
as set out in 40 CFR 93.118(e)(4), and are adequate for purposes of
transportation conformity. The availability of the 10-year maintenance
plan SIP submission containing these 2015 MVEB was announced for public
comment on EPA's adequacy Web page on January 24, 2005, at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment
period on adequacy of the 2015 MVEB for the Atlanta area closed on
February 24, 2005, and no adverse comments were received.
For transportation plan analysis years that involve the year 2014
or before, the applicable MVEB for the purposes of conducting
transportation conformity analyses will be the 2004 MVEB for VOC
(160.80 tpd) and for NOX (318.24 tpd). For transportation
plan analysis years that involve the year 2015 or beyond, the
applicable MVEB for the purposes of conducting transportation
conformity analyses will be the 2015 MVEB for VOC (83.42 tpd) and for
NOX (121.88 tpd).
III. When Are These Actions Effective?
EPA finds that there is good cause for these determinations
(approval of redesignation and 10-year maintenance plan, including the
2015 MVEB) to become effective June 14, 2005, because a delayed
effective date is unnecessary due to the nature of the determinations,
which relieve the Atlanta area from certain CAA requirements that would
otherwise apply to it. The expedited effective date for these actions
is authorized under both 5 U.S.C. 553(d)(1), which provides that rule
actions may become effective less than 30 days after publication if the
rule ``grants or recognizes an exemption or relieves a restriction''
and section 5 U.S.C. 553(d)(3), which allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.''
A redesignation to attainment relieves the Atlanta area from
certain CAA requirements that otherwise would apply to it. The relief
from these obligations is sufficient reason to allow an expedited
effective date of this rule under 5 U.S.C. 553(d)(1). In addition,
Georgia's relief from these obligations provides good cause to make
this rule effective June 14, 2005, pursuant to 5 U.S.C. 553(d)(3). The
purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is
to give affected parties a reasonable time to adjust their behavior and
prepare before the final rule takes effect. Where, as here, the final
rule relieves obligations rather than imposes obligations, affected
parties, such as the State of Georgia, do not need time to adjust and
prepare before the rule takes effect.
IV. What Comments Did We Receive and What Are Our Responses?
Proposed Redesignation of the Atlanta Severe 1-Hour Nonattainment Area
To Attainment for Ozone
EPA received one comment letter from the Renewable Fuels
Association (RFA).
Comment: The RFA commented that EPA should not approve the proposed
maintenance plan because: ``Georgia's submission seeking to demonstrate
that attainment of the 1-hour ozone standard will continue to be
maintained * * * relies on emissions data based on use of RFG
[reformulated gas], while at the same time Georgia is trying to avoid
use of RFG in Atlanta. * * * Georgia did not model the emissions for
2005 to 2015 based on use of Georgia Gas. Therefore, EPA has no basis
to support a finding that Georgia Gas is sufficient to establish
maintenance as required under the Act. EPA cannot approve a
redesignation request which is based on use of Georgia Gas without a
maintenance demonstration using Georgia Gas only. EPA must confirm such
modeling and make it available for public comment prior to approving
any redesignation. Until this demonstration is made, Georgia's
application does not satisfy the criteria for redesignation established
in section 107(d)(3)(E) and EPA cannot redesignate Atlanta to
attainment for the 1-hour ozone standard.'' The commenter included two
attachments to its comment: EPA's September 30, 2004, letter to Carol
Couch, Director of Georgia EPD denying Georgia's request to waive the
RFG requirement for Atlanta with EPA's ``Analysis of and Action on
Georgia's Request for a Waiver of the Reformulated Gasoline Program''
(EPA420-S-04-006, October 2004); and ``Comments on Georgia's Petition
for an RFG Waiver in Atlanta: Technical Analysis'' by Gary Z. Whitten,
Ph.D., dated August 24, 2004.
Response: In EPA's proposed rule for this action on April 20, 2005
(70 FR 20495), EPA announced its preliminary conclusion that
maintenance is indicated under either future fuel scenario (i.e., using
RFG or Georgia gasoline currently in place) for the Atlanta area for
the 1-hour ozone NAAQS. Since the use of low-sulfur Georgia gasoline is
a SIP requirement, Georgia correctly concluded that RFG sold in the
Atlanta area would have to meet the low-sulfur requirement from the
Georgia SIP as well as RFG requirements. EPA's preliminary conclusion
that the Atlanta area would maintain the 1-hour ozone NAAQS by using
Georgia gasoline or RFG that met the low-sulfur requirement for Georgia
gasoline in the SIP was based on EPA's ``Analysis of and Action on
Georgia's Request for a Waiver of the Reformulated Gasoline Program''
(EPA420-S-04-006, October 2004) that EPA conducted in its review of
Georgia's petition request to be relieved of the RFG requirement and
which the commenter attached to its comment.\1\ EPA's analysis in the
proposal was based on Georgia's modeling using RFG, its predictions of
a declining mobile source emissions inventory post 2002, along with the
modeling prepared by EPA comparing emissions between RFG and Georgia
gasoline in 2005. The preliminary conclusion from the analysis in the
proposed rule focused on predicting the emissions that would be
expected over time with Georgia gasoline only. In the April 20, 2005,
proposed rule, EPA announced our intention to confirm this preliminary
conclusion prior to taking final action on the redesignation request
and approval of the maintenance plan. After publication of the proposed
rule, EPD ran a full MOBILE model run using only Georgia gasoline. This
post-proposal analysis addresses the same issue that EPA addressed in
the proposed rule, using a more direct modeling of the emissions at
issue, and confirms EPA's preliminary conclusion in the proposed rule
that the area will maintain the 1-hour ozone NAAQS with Georgia
gasoline only throughout the initial
[[Page 34663]]
maintenance period, as required by section 107(d)(3)(E) of the Act.
Since these data confirm EPA's preliminary analysis, EPA does not
believe taking additional comment on this point is necessary.
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\1\ This analysis was not included in the docket before the
proposed rule was published; however the analysis was discussed in
the proposal notice and was attached to the only comment received.
Since it was publicly available, and was distributed to the
commenter before the rule, EPA believes that the omission of this
analysis from the docket at the time of the proposed rule is not
significant. It is part of the docket for the final rule.
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The commenter also attached a memorandum from Gary Z. Whitten,
``Comments on Georgia's Petition for an RFG Waiver in Atlanta:
Technical Analysis'' that was written to refute the State's assertion
in its waiver request that utilization of federal RFG will adversely
affect air quality in the Atlanta area. The commenter relies on Dr.
Whitten's memo to support their argument that Georgia needs to model
Georgia gasoline as part of a maintenance demonstration. As noted
above, that modeling has been done by Georgia EPD. To the extent the
commenter relies on Dr. Whitten's memo to indicate possible concerns
with the modeling of Georgia gasoline, EPA notes that Dr. Whitten's
comments basically address the inadequacy of prior modeling done by
Georgia to compare RFG to Georgia gasoline, and raise concerns that
Georgia underestimated various benefits of RFG in this comparison. The
issue here, however, is the benefits of Georgia gasoline, and any
claimed underestimation of the benefits of RFG compared to Georgia
gasoline is irrelevant to determining whether Georgia would maintain
the 1-hour ozone NAAQS with Georgia gasoline. In that context, EPA
notes that the recent MOBILE modeling of Georgia gasoline performed by
Georgia, uses sulfur, reid vapor pressure (RVP) and oxygen levels that
are similar to the levels EPA determined appropriate in its analysis of
Georgia only gasoline, as part of EPA's evaluation of Georgia's request
for a waiver of the RFG program.\2\ Further discussion of the levels
EPA used in its evaluation of Georgia only gasoline can be found in
EPA's ``Analysis of Emission Impacts of Implementation of Federal
Reformulated Gasoline (RFG) in the Atlanta Area,'' which can be found
in the docket for this rule.
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\2\ To the extent that RVP and oxygen parameters are different,
emissions are expected to offset each other and would continue to
support the conclusion that emissions in 2005 and later would be
lower than 2002.
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Below are tables that show the results of the full MOBILE model run
using Georgia low-sulfur gasoline only, which demonstrates that the
emissions levels of NOX and VOC for the period 2005-2015 are
below those for the base year (i.e., 2002), and thus indicate continued
maintenance of the 1-hour standard. These tables were provided by the
Georgia EPD during the public comment period on EPA's proposal as a
supplement to their maintenance plan demonstration which accounted for
a gasoline during the maintenance period which met the requirements of
Georgia gasoline and RFG. With the supplemental information, the State
has demonstrated continued maintenance for either a RFG or Georgia
gasoline scenario. It should be noted that the mobile sector
NOX emissions are projected to be the same for either
scenario because of the federal requirement for all gasoline to meet
the low-sulfur standards that are being phased in beginning in 2004 and
continuing through 2006.
NOX With Georgia Gasoline Only
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2002 2005 2010 2015
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Point....................................................... 55.58 54.99 58.43 63.79
Area........................................................ 28.57 29.52 31.75 33.81
Mobile...................................................... 365.55 284.72 191.65 110.80
Nonroad..................................................... 114.35 113.34 105.26 95.62
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Total................................................... 564.05 482.57 387.09 304.02
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VOC With Georgia Gasoline Only
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2002 2005 2010 2015
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Point....................................................... 15.71 17.11 19.69 22.12
Area........................................................ 294.20 314.68 357.11 398.41
Mobile...................................................... 184.84 143.80 113.61 77.29
Nonroad..................................................... 83.44 68.84 52.13 50.19
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Total................................................... 578.19 544.43 542.54 548.01
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By taking this final action, EPA is not waiving the requirement to
use RFG in the Atlanta severe 1-hour ozone NAAQS nonattainment area.
The use of RFG in severe ozone nonattainment areas is required by
section 211 of the Act, and the applicability of this requirement to
Atlanta is currently in litigation before the 11th Circuit Court of
Appeals. EPA believes that the redesignation request and approval of
the 1-hour ozone maintenance plan are separate issues from the
applicability of the RFG requirement for the Atlanta area, and thus the
redesignation request and 10-year maintenance plan SIP submittal can be
approved under the CAA section 107(d)(3)(E) since the data indicate
that the Atlanta area will maintain the 1-hour ozone NAAQS through 2015
with either RFG or Georgia gasoline. EPA will take appropriate action
in the future with respect to the applicability of RFG to the Atlanta
area if necessary.
Comment: The commenter also stated in a footnote that Georgia
omitted data from a 12th monitor that showed increasing emissions from
2000-2002 and recorded a violation \3\ in 2002.
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\3\ A violation of this standard occurs when the daily maximum
1-hour average concentration measured by a continuous ambient air
monitor exceeds 0.12 parts per million more than once per year,
averaged over three consecutive years.
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Response: Although, we do not construe this to be a comment with
regard to EPA's determination of attainment (because it was provided in
the context of the 10-year maintenance plan for the Atlanta area), we
provided the following clarification in our separate final attainment
determination rule. ``In response, EPA notes that there was a special
purpose monitor (SPM) in Cherokee County, Georgia, (Waleska
[[Page 34664]]
site) that operated from 1999-2002.\4\ This monitor recorded only one
exceedance of the 1-hour ozone NAAQS during this period that occurred
in 2002. This one exceedance does not constitute a violation of the 1-
hour ozone NAAQS. The monitor at the Waleska site was terminated by the
State due to siting issues (potential interference by trees and a
school's chemistry laboratory). The Waleska site was designated a SPM,
and for this type of monitor the states are not required to obtain EPA
concurrence for its termination.
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\4\ A special purpose monitor is a generic term used for all
monitors other than State and Local Air Monitoring Stations (SLAMS),
National Air Monitoring Stations (NAMS), Photochemical Assessment
Monitoring Stations (PAMS), and Prevention of Significant
Deterioration (PSD) monitors included in an agency's monitoring
network for monitors used in a special study whose data area
officially reported to EPA.
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Georgia's request for redesignation and a determination of
attainment did include data from all ozone monitors in the Atlanta area
with complete data for the period of 2002-2004, showing no violations
of the 1-hour ozone NAAQS. Thus, there were no recorded violations of
the 1-hour ozone NAAQS omitted from Georgia's redesignation request as
implied by the commentator.''
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272) do not apply. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
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. By June 14, 2005, EPA will submit a report containing
these rules 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 June 14, 2005. 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 August 15, 2005. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
List of Subject in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 9, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
0
Part 52 and 81, chapter I, title 40, Code of Federal Regulations, 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 L--Georgia
0
2. Section 52.570(e) is amended by adding a new entry for ``21. Atlanta
1-hour ozone attainment area 2015 maintenance plan.''
Sec. 52.570 Identification of plan.
* * * * *
(e) EPA Approved Georgia Nonregulatory Provisions.
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State submittal date/
Provision or nonattainment area effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
[[Page 34665]]
* * * * * * *
21. Atlanta 1-hour ozone Atlanta severe 1-hour February 1, 2005............ June 14, 2005. [Insert
attainment area 2015 maintenance ozone maintenance area. first page number of
plan. publication]
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.311 the table entitled ``Georgia--Ozone (1-hour
standard)'' is amended by revising the entry for the Atlanta area to
read as follows:
Sec. 81.311 Georgia.
Georgia--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area --------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Atlanta Area:.................. June 14, 2005........ Attainment...........
Cherokee County............ June 14, 2005........ Attainment...........
Clayton County............. June 14, 2005........ Attainment...........
Cobb County................ June 14, 2005........ Attainment...........
Coweta County.............. June 14, 2005........ Attainment...........
DeKalb County.............. June 14, 2005........ Attainment...........
Douglas County............. June 14, 2005........ Attainment...........
Fayette County............. June 14, 2005........ Attainment...........
Forsyth County............. June 14, 2005........ Attainment...........
Fulton County.............. June 14, 2005........ Attainment...........
Gwinnett County............ June 14, 2005........ Attainment...........
Henry County............... June 14, 2005........ Attainment...........
Paulding County............ June 14, 2005........ Attainment...........
Rockdale County............ June 14, 2005........ Attainment...........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.
* * * * *
[FR Doc. 05-11829 Filed 6-14-05; 8:45 am]
BILLING CODE 6560-50-P