[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32135-32146]
[FR Doc No: 2013-12467]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0147; FRL-9816-6]

Approval and Promulgation of Implementation Plans; Atlanta,
Georgia 1997 8-Hour Ozone Nonattainment Area; Reasonable Further
Progress Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a state
implementation plan (SIP) revision, submitted by the State of Georgia,
through the Georgia Environmental Protection Division (GA EPD), on
October 21, 2009, to address the reasonable further progress (RFP) plan
requirements for the Atlanta, Georgia 1997 8-hour ozone national
ambient air quality standards (NAAQS) nonattainment area. The Atlanta,
Georgia 1997 8-hour ozone nonattainment area (hereafter referred to as
the ``Atlanta Area'' or ``the Area'') is comprised of Barrow, Bartow,
Carroll, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale,
Spalding and Walton Counties in Georgia. EPA is also finding adequate
the motor vehicle emissions budgets (MVEB) for volatile organic
compounds (VOC) and nitrogen oxides (NOx) that were included in
Georgia's RFP plan. Further, EPA is approving these MVEB. Additionally,
as an administrative update EPA is also removing the numbering system
from the non-regulatory provisions in the Code of Federal Regulations.

DATES: This direct final rule is effective July 29, 2013 without
further notice, unless EPA receives adverse comment by June 28, 2013.
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 Number, ``EPA-
R04-OAR-2013-0147,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2013-0147,'' 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: Ms. Lynorae Benjamin, Chief,
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 a.m. to 4:30 p.m., excluding federal
holidays.
    Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2013-0147.'' 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: Ms. Sara Waterson of the Regulatory
Development Section, in the 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<PHONE_NUMBER>. Ms. Sara Waterson can be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA taking?
II. What is the background for EPA's action?
III. What is EPA's analysis of the RFP Plan for the Atlanta area for
the 1997 8-Hour Ozone NAAQS?
IV. What are the 2008 NOX and VOC emissions inventories
for the Atlanta area?
V. What is EPA's Analysis of the 2008 MVEB for the Atlanta Area?
VI. What is the status of EPA's adequacy determination for the 2008
MVEB for the Atlanta area?
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving changes to the Georgia SIP, submitted by the State
of Georgia through GA EPD, on October 21, 2009, to meet RFP \1\
requirements of the Clean Air Act (CAA or Act) for the Atlanta Area for
the 1997 8-hour ozone NAAQS.\2\ The RFP plan demonstrates that
NOX emissions will be reduced by at least 15 percent for the
13-County portion \3\ of the Atlanta ozone nonattainment area
(hereafter referred to as the ``13-County Area'') and VOC emissions
will be reduced by at least 15 percent for the seven-county portion \4\
of the Atlanta ozone nonattainment area (hereafter referred to as the
``7-County Area'') during the period of 2002 through 2008.
Additionally, EPA is approving the required 2008 VOC MVEB and the 2008
NOX MVEB, which were included in the October 21, 2009, RFP
plan for the Atlanta Area. EPA is taking these actions because they are
consistent with CAA requirements for RFP. The MVEB for the Atlanta
Area, expressed in tons per day (tpd), are provided in Table 1 below.
EPA is also describing the status of its transportation conformity
adequacy determination for the 2008 MVEB.
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    \1\ For the 1997 8-hour ozone NAAQS, the plan to demonstrate
reasonable further progress is known as the RFP plan; whereas the
plan to demonstrate reasonable further progress for the 1-hour ozone
NAAQS is known as the Rate-of-Progress (ROP) plan.
    \2\ Georgia previously submitted the ROP plan (also referred to
as the 15 Percent VOC Plan) for the portion of the Atlanta Area that
was previously designated nonattainment for the former 1-hour ozone
NAAQS. EPA approved Georgia's ROP plan for the 1-hour ozone NAAQS
for the Atlanta Area on April 26, 1999. See 64 FR 20196.
    \3\ The 13-County portion includes the counties designated
nonattainment in the 1-hour ozone nonattainment area: Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale. See 56 FR 56694, November
6, 1991.
    \4\ Seven additional ``ring'' counties were added to the
original 1-hour ozone nonattainment area for the 8-hour ozone
nonattainment designations. These additional counties include:
Barrow, Bartow, Carroll, Hall, Newton, Spalding, and Walton. See 69
FR 23857, April 30, 2004.

          Table 1--MVEB for the 1997 8-Hour Ozone Atlanta Area
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                        2008 20-County MVEB (tpd)
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                                                      VOC         NOX
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Total...........................................     171.83      272.67
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II. What is the background for EPA's action?

A. General Background

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million (ppm) (62 FR 38856). Under EPA's regulations at
40 CFR part 50, the 1997 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth highest daily maximum 8-

hour average ambient air quality ozone concentrations is less than or
equal to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69
FR 23857, April 30, 2004. Ambient air quality monitoring data for the
3-year period must meet the data completeness requirement as determined
in 40 CFR part 50, appendix I. The ambient air quality monitoring data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than 90 percent, and no single
year has less than 75 percent data completeness.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004
(effective June 15, 2004), using 2001-2003 ambient air quality data.
See 69 FR 23857, April 30, 2004. The Atlanta Area encompasses the 13
counties of the former 1-hour ozone nonattainment area plus the seven
additional ``ring'' counties. At the time of designation the Atlanta
Area was classified as a marginal nonattainment area for the 1997 8-
hour ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation
Rule, EPA established ozone nonattainment area attainment dates based
on Table 1 of section 181(a) of the CAA. This established an attainment
date 3 years after the June 15, 2004, effective date for areas
classified as marginal areas for the 1997 8-hour ozone nonattainment
designations. Therefore, the Atlanta Area's original attainment date
was June 15, 2007. See 69 FR 23951, April 30, 2004.
    The Atlanta Area failed to attain the 1997 8-hour ozone NAAQS by
June 15, 2007 (the applicable attainment date for marginal
nonattainment areas), and did not qualify for any extension of the
attainment date as a marginal area. As a consequence of this failure,
on March 6, 2008, EPA published a rulemaking determining that the
Atlanta Area failed to attain and, consistent with section 181(b)(2) of
the CAA, the Atlanta Area was reclassified by operation of law to the
next highest classification, or ``moderate'' nonattainment. See 73 FR
12013, March 6, 2008. When an area is reclassified, a new attainment
date for the reclassified area must be established. Section 181 of the
CAA explains that the attainment date for moderate nonattainment areas
shall be as expeditiously as practicable, but no later than six years
after designation, or June 15, 2010. EPA further required that Georgia
submit SIP revisions to meet the new moderate area requirements as
expeditiously as practicable, but no later than December 31, 2008.
    Under certain circumstances, the CAA allows for extensions of the
attainment dates prescribed at the time of the original nonattainment
designation. In accordance with CAA section 181(a)(5), EPA may grant up
to two, one-year extensions of the attainment date under specified
conditions. On November 30, 2010, EPA determined that Georgia met the
CAA requirements to obtain a one-year extension of the attainment date
for the 1997 8-hour ozone NAAQS for the Atlanta Area. See 75 FR 73969.
As a result, EPA extended the Atlanta Area's attainment date from June
15, 2010, to June 15, 2011, for the 1997 8-hour ozone NAAQS.
    Subsequently, on June 23, 2011, EPA determined that the Atlanta
Area attained the 1997 8-hour ozone NAAQS. See 76 FR 36873. The
determination of attaining data was based upon quality-assured and
certified ambient air monitoring data for the 2008-2010 period, showing
that the Area had monitored attainment of the 1997 8-hour ozone NAAQS.
As a result of the determination of attainment, the requirements for
the Area to submit an attainment demonstration and associated
reasonable available control measures (RACM), RFP plan, contingency
measures, and other planning SIP revisions related to attainment of the
1997 8-hour ozone NAAQS were suspended. These nonattainment related SIP
obligations remain suspended so long as the Area continues to attain
the 1997 8-hour ozone NAAQS. See 40 CFR 52.582(d).
    On February 16, 2012, Georgia withdrew the attainment demonstration
submissions (except RFP, emissions statements, and the emissions
inventory) as allowed by 40 CFR 51.918 for the Atlanta Area.\5\
Subsequently, EPA approved Georgia's SIP revisions related to the
emissions statements and emissions inventory requirements for the
Atlanta Area for the 1997 8-hour ozone NAAQS. See 74 FR 62249 (November
27, 2009); and 77 FR 24399 (March 24, 2012), respectively. Despite the
determination of attainment, Georgia opted to leave the SIP submission
related to the RFP requirements for the 1997 8-hour ozone NAAQS before
EPA for action. As such, EPA is taking action to approve Georgia's
October 21, 2009, SIP revision as it relates to the RFP requirements
for the 1997 8-hour ozone NAAQS.
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    \5\ Georgia did not withdraw any elements related to reasonably
available control technology (RACT) requirements, to the extent that
these requirements were addressed in the attainment demonstration
submissions. EPA has taken previous action to approve Georgia SIP
revisions, including portions of the October 21, 2009, SIP revision,
related to RACT. See 77 FR 59554, September 28, 2012.
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B. Background for ROP Requirements for the 1-Hour Ozone NAAQS

    Because Atlanta was classified as a ``serious'' nonattainment area
under the 1-hour ozone NAAQS, Georgia was required to develop a SIP to
reduce emissions of VOC in the 13-County Atlanta 1-hour ozone
nonattainment area by 15 percent from 1990 to 1996. The plan, also
known as Georgia's ROP plan SIP or the 15 Percent VOC Plan, was
approved on April 26, 1999. See 64 FR 20186.
    The CAA also requires post-1996 emission reductions of VOC and/or
NOX totaling 3 percent per year, averaged over each
consecutive three-year period beginning in 1996 and continuing through
the attainment date. Georgia chose to rely solely on NOX
emission reductions in its post-1996 ROP SIP (the 9 Percent Plan). This
plan was required to describe how Georgia would achieve RFP towards
attaining the 1-hour ozone NAAQS between 1996 and 1999, the attainment
deadline for serious nonattainment areas. Georgia's 9 Percent Plan was
approved on March 19, 1999. See 64 FR 13348.
    On September 26, 2003, EPA re-classified the 13-county Atlanta 1-
hour ozone nonattainment area to ``severe.'' See 68 FR 55469. Among
other requirements, this reclassification required submission of a
severe area post-1999 ROP SIP. A severe area post-1999 ROP SIP must
describe how at least a 3 percent per year reduction in emissions of
ozone precursors (VOC or NOX) will be achieved, from the
time of failure to meet the ``serious'' area attainment date until the
``severe'' area attainment date.
    The Atlanta severe area post-1999 ROP SIP contained a description
of how the 3 percent per year reductions in ozone precursor emissions,
required over the period from November 15, 1999, through November 15,
2004, were achieved. It also contained MVEB for the Atlanta 1-hour
ozone nonattainment area. GA EPD submitted the post-1999 ROP SIP and
MVEB on December 24, 2003. EPA approved Georgia's post-1999 ROP SIP for
the Atlanta Area on July 19, 2004 (69 FR 42880). EPA's approval of
Georgia's post-1999 ROP SIP for the Atlanta Area completed the State's
obligation related to ROP for the 1-hour ozone NAAQS.

C. Background for RFP Requirements for the 1997 8-hour Ozone NAAQS

    On November 29, 2005 (70 FR 71612), as revised on June 8, 2007 (72
FR 31727), EPA published a rule entitled ``Final Rule To Implement the
8-Hour Ozone National Ambient Air Quality Standard--Phase 2; Final Rule
To Implement Certain Aspects of the 1990 Amendments Relating to New
Source Review and Prevention of Significant Deterioration as They Apply
in Carbon Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for
Reformulated Gasoline'' (hereafter referred to as the Phase 2 Rule).
Section 182(b)(1) of the CAA and EPA's Phase 2 Rule \6\ require a
state, for each 1997 8-hour ozone nonattainment area that is classified
as moderate, to submit an emissions inventory and a RFP plan to show
how the state will reduce emissions of VOC.
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    \6\ RFP regulations are at 40 CFR 51.910.
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    Specifically, in ozone nonattainment areas with air quality
classified as ``moderate'' or worse, the RFP requirement prescribes
emission reductions from the baseline totaling 15 percent within six
years of the base year (i.e., by the end of 2008 for the 8-hour ozone
NAAQS). Per 40 CFR part 51.910(a)(1)(iii), moderate and higher
classification areas of which a portion has an approved 1-hour ozone 15
Percent VOC Plan can choose to treat the nonattainment area as two
parts, each with a separate RFP target, and may substitute reductions
in NOX for VOC in the sub-area with the approved 15 Percent
Plan. The 15 percent reduction for the sub-area without an approved 1-
hour ozone 15 Percent VOC Plan, however, must be achieved entirely
through VOC reductions. Georgia relied solely on NOX
emission reductions for the 13-County portion of the Atlanta Area with
an approved 15 Percent VOC Plan.
    Pursuant to CAA section 172(c)(9), RFP plans must include
contingency measures that will take effect without further action by
the State or EPA, which includes additional controls that would be
implemented if the Area fails to reach the RFP milestones. While the
CAA does not specify the type of measures or quantity of emissions
reductions required, EPA provided guidance interpreting the CAA that
implementation of these contingency measures would provide additional
emissions reductions of up to 3 percent of the adjusted base year
inventory in the year following the RFP milestone year (i.e., in this
case 2008). For more information on contingency measures please see the
April 16, 1992, General Preamble (57 FR 13498, 13510) and the November
29, 2005, Phase 2 8-hour ozone standard implementation rule (70 FR
71612, 71650). Finally, RFP plans must also include a MVEB for the
precursors for which the plan is developed. See Section IV of this
rulemaking for more information on MVEB requirements.
    As mentioned above, the Atlanta Area was designated nonattainment
for the 1997 8-hour ozone NAAQS. Specifically, 20 counties in the
Atlanta Area (including the 13 counties that were included in the
former 1-hour ozone nonattainment area) were classified as a
``moderate'' nonattainment area. Georgia submitted its RFP plan and
additional SIP revision under a separate cover letter on October 21,
2009, including an attainment demonstration, associated RACM, RACT,
contingency measures, a 2002 base year emissions inventory and other
planning SIP revisions related to attainment of the 1997 8-hour ozone
NAAQS in the Atlanta Area. Today's rulemaking is approving only the RFP
plan, including the associated MVEB.

III. What is EPA's analysis of the RFP plan for the Atlanta area for
the 1997 8-Hour ozone NAAQS?

    On October 21, 2009, Georgia submitted the RFP plan for the Atlanta
Area to address the CAA's requirements for the 1997 8-hour ozone NAAQS.
The Atlanta Area RFP is for the entire 20-County Area; however, GA EPD
has chosen to look at the 13-County Area and 7-County Area separately
for the purposes of calculating the RFP targets for NOX and
VOC, respectively. Regardless of the separation of the 13-County Area
and the 7-County Area, NOX and VOC reductions in the entire
20-County Area are available. Therefore, there are ``unclaimed'' 2008
NOX reductions available from the 7-County Area without an
approved 1-hour ozone 15 Percent VOC Plan where RFP must be
demonstrated in VOC reductions and there are ``unclaimed'' 2008 VOC
reductions available from the 13-County Area for which there is an
approved 1-hour ozone 15 Percent VOC Plan. EPA's analysis of Georgia's
RFP submission is provided below.

A. Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, current
inventory of actual emissions from all sources and is required by
section 182(a)(1) of the CAA. Georgia implemented the 15 percent
NOX reductions for the 13 counties in the former 1-hour
ozone nonattainment area and the 15 percent VOC reduction for the seven
ring counties between 2002 and 2008 with continued progress toward
attainment through the attainment year.\7\ EPA recommended 2002 as the
base year for the emissions inventory, and therefore, 2002 is the
starting point for calculating RFP. Georgia submitted its 2002 base
year emissions inventory on October 21, 2009. In an action on March 24,
2012, EPA approved Georgia's 2002 base year emissions inventory for the
Atlanta Area for the 1997 8-hour ozone NAAQS. See 77 FR 24399. A
summary of the Atlanta Area 2002 base year emissions inventories is
included in Table 2 below.
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    \7\ The Atlanta Area attained the 1997 8-hour ozone NAAQS by
June 15, 2011, based on 2008-2010 data.

                                       Table 2--2002 Point and Area Sources Annual Emissions for the Atlanta Area
                                                                     [tons per year]
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                                                            Point                     Area                     On-road                  Non-road
                     County                      -------------------------------------------------------------------------------------------------------
                                                      NOX          VOC          NOX          VOC          NOX          VOC          NOX          VOC
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Barrow..........................................         0.06         0.02         0.45         3.74         5.69         4.30         1.41         0.75
Bartow..........................................        69.92         1.31         1.30         8.05        15.76        10.56         3.89         2.54
Carroll.........................................         0.06         0.85         1.30         9.54        10.91         8.10         2.39         1.87
Cherokee........................................         0.20         0.13         0.72         6.30        10.25         5.17         3.59         5.30
Clayton.........................................         0.30         1.29         1.08         9.53        19.96         9.90        19.21         3.83
Cobb............................................        12.62         0.89         4.12        28.18        50.66        26.84        12.67        18.82
Coweta..........................................        23.08         0.62         0.89         3.94         7.86         3.75         3.30         2.49

DeKalb..........................................         0.49         4.66         4.06        44.67        63.33        31.21         9.98        16.76
Douglas.........................................         0.06         0.08         0.48         3.93         9.70         4.54         1.87         1.26
Fayette.........................................  ...........  ...........         0.77         4.69         5.20         2.84         2.18         1.91
Forsyth.........................................         0.12         0.48         0.84         4.82         8.41         4.28         3.11         5.36
Fulton..........................................         5.46         5.42         6.59        49.47        91.42        46.10        20.02        17.19
Gwinnett........................................         0.09         0.13         4.55        32.02        49.26        25.20        15.36        23.85
Hall............................................         0.29         0.69         2.79        13.69        15.12        11.59         3.80         6.47
Henry...........................................         6.44         1.34         0.60         5.26        13.40         6.40         4.68         2.75
Newton..........................................         0.00         2.01         0.79         5.21         6.72         4.95         1.95         1.29
Paulding........................................  ...........  ...........         0.26         3.51         4.76         2.57         2.66         1.43
Rockdale........................................         0.08         0.44         1.00         4.28         5.70         2.88         1.59         1.42
Spalding........................................         0.00         0.18         0.79         5.95         5.25         4.14         0.87         1.21
Walton..........................................         0.01         0.32         0.47         4.92         5.72         4.66         1.70         1.53
--------------------------------------------------------------------------------------------------------------------------------------------------------

As mentioned above, EPA has already approved this emissions inventory
and thus is not taking comment on these inventories in today's action.

B. Adjusted Base Year Inventory and 2008 RFP Target Levels

    The process for determining the emissions baseline from which the
RFP reductions are calculated is described in section 182(b)(1) of the
CAA and 40 CFR 51.910. This baseline value is the 2002 adjusted base
year inventory. Sections 182(b)(1)(B) and (D) require the exclusion
from the base year inventory of emissions benefits resulting from the
Federal Motor Vehicle Control Program (FMVCP) regulations promulgated
prior to January 1, 1990, and the Reid Vapor Pressure (RVP) regulations
promulgated prior to June 11, 1990. The FMVCP and RVP emissions
reductions were determined by the State using EPA's on-road mobile
source emissions modeling software, MOBILE6, which was the latest model
at the time this submission was developed; 2002 speeds and vehicle
miles traveled (VMT) from Atlanta Regional Commission's (ARC) travel
demand model networks; and area-specific fleet age distributions. The
FMVCP and RVP emission reductions are then removed from the base year
inventory by the State, resulting in an adjusted base year inventory.
The emission reductions needed to satisfy the RFP requirement are then
calculated from the adjusted base year inventory. These reductions are
then subtracted from the adjusted base year inventory to establish the
emissions target for the RFP milestone year (2008).
    For moderate areas like the Atlanta Area, the CAA specifies a 15
percent reduction in ozone precursor emissions over an initial six year
period following the baseline inventory year. In the Phase 2 Rule, EPA
interpreted this requirement for areas that were also designated
nonattainment and classified as moderate or higher for the 1-hour ozone
NAAQS. In the Phase 2 Rule, EPA provided that an area classified as
moderate or higher that has the same boundaries as an area, or is
entirely composed of several areas or portions of areas, for which EPA
fully approved a 15 percent plan for the 1-hour NAAQS, is considered to
have met the requirements of section 182(b)(1) of the CAA for the 8-
hour NAAQS. In this situation, a moderate nonattainment area is subject
to RFP under section 172(c)(2) of the CAA and shall submit, no later
than 3 years after designation for the 8-hour NAAQS, a SIP revision
that meets the requirements of 40 CFR 51.910(b)(2). For an area like
Atlanta, the RFP SIP revision must provide for a 15 percent emission
reduction (either NOX and/or VOC) accounting for any growth
that occurs during the six year period following the baseline emissions
inventory year, that is, 2002-2008.
    The Atlanta Area that was classified as severe under the 1-hour
ozone NAAQS contained the counties Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding,
and Rockdale. These 13 counties plus 7 ``ring'' counties (Barrow,
Bartow, Carroll, Hall, Newton, Spalding, and Walton) were also
designated nonattainment as a part of the 1997 8-hour ozone Atlanta
Area. Per 40 CFR part 51.910(a)(1)(iii), moderate areas of which a
portion has an approved 1-hour ozone 15 Percent VOC Plan can choose to
treat the nonattainment area as two parts, each with a separate RFP
target, and may substitute reductions in NOX for VOC in the
sub-area with the approved 15 Percent Plan. The 15 percent reduction
for the sub-area without an approved 15 Percent VOC Plan must still be
entirely VOC. Since a 15 percent ROP\8\ plan was submitted for the 1-
hour ozone Area, the 13-County 2002 base year NOX inventory
was adjusted and the 7-County base year VOC inventory was adjusted.
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    \8\ As mentioned above, for the 1-hour ozone NAAQS, the plan to
demonstrate progress towards attainment was known as the ROP plan;
whereas for the 8-hour ozone NAAQS, this same plan is known as the
RFP plan.
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    As mentioned earlier and according to section 182(b)(1)(D) of the
CAA, emission reductions that resulted from the FMVCP and RVP rules
promulgated prior to 1990 are not creditable for achieving RFP emission
reductions. Therefore, the 2002 base year inventory is adjusted by
subtracting the VOC and NOX emission reductions that are
expected to occur between 2002 and the future milestone years due to
the FMVCP and RVP rules.
    In the Phase 2 Rule, promulgated on November 29, 2005 (70 FR
71612), EPA outlines Method 1 as the process that states should use to
show compliance with RFP for areas like the Atlanta Area that already
have an approved ROP plan. A summary of the steps for Method 1 is
provided below.
     Step A is the actual anthropogenic base year VOC emissions
inventory in 2002.
     Step B is to account for creditable emissions for RFP.
     Step C is to calculate non-creditable emissions for RFP.
Non-creditable emissions include emissions from: (1) motor vehicle
exhaust or evaporative emissions regulations promulgated prior to
January 1, 1990; (2) regulations concern RVP promulgated prior to
November 15, 1990; (3) RACT corrections required prior to November
1990; and (4) corrective inspection and maintenance (I/M) plan required
prior to November 1990. Step D is to subtract

the non-creditable emissions (Step C) from the 2002 base year emissions
(Step A).
     Step E is to calculate the 2008 target level VOC
emissions. This is calculated by reducing the emissions from Step D by
15 percent.
     The estimated 2008 VOC emissions are then compared to the
2008 target level VOC emissions (Step E).
    As provided in Georgia's RFP SIP revision, the State utilized the
steps from Method 1 of the Phase 2 Rule. Specifically, Georgia's
October 21, 2009, SIP revision sets out the State's calculations as
summarized below.
    1. Step A: Estimate the actual anthropogenic base year
NOX inventory in 2002 with all 2002 control programs in
place for all sources for the 13-County area and VOC inventory in 2002
with all 2002 control programs in place for all sources for the 7-
County area.
    Georgia provided this emission inventory in Tables 1 and 2 of the
October 21, 2009, RFP plan for the Atlanta Area, and as shown in Tables
3 and 4, below. EPA has already approved this inventory. See 77 FR
24399 (April 4, 2012).

                               Table 3--7-County 2002 RFP Base Year VOC Inventory
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                               Non-road     On-road
                                                         Point       Area       mobile      mobile       Total
----------------------------------------------------------------------------------------------------------------
7-County 2002 RFP Base Year VOC Inventory...........        6.4        50.8        15.9        50.5     * 123.5
----------------------------------------------------------------------------------------------------------------
* Numbers are those provided in the October 21, 2009, submittal and reflect rounding conventions.

                               Table 4--13-County 2002 RFP Base Year NOX Inventory
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                                               Non-road     On-road
                                                         Point       Area       mobile      mobile       Total
----------------------------------------------------------------------------------------------------------------
13-County 2002 RFP Base Year NOX Inventory..........       84.1        24.5       111.3       342.1     * 562.1
----------------------------------------------------------------------------------------------------------------
* Numbers are those provided in the October 21, 2009, submittal and reflect rounding conventions.

    2. Step B: Using the same highway vehicle activity inputs used to
calculate the actual 2002 inventory, run the appropriate motor vehicle
emissions model for 2002 and for 2008 with all post-1990-CAA measures
turned off. Any other local inputs for vehicle I/M programs should be
set according to the program that was required to be in place in 1990.
Fuel RVP should be set at 9.0 or 7.8 pounds per square inch (psi)
depending on the RVP required in the local area as a result of fuel RVP
regulations promulgated in June, 1990.
    For the Atlanta Area, these adjustments are made because states are
not allowed to take credit for emissions reductions that would have
occurred due to fleet turnover from vehicles meeting pre-1990 standards
to newer cars and trucks, or from previously existing federal fuel
regulations. These non-creditable reductions are called the FMVCP/RVP
reductions. See Appendix C, Exhibits 5 and 8, of the State submittal
for details on the Adjusted Base Year Inventories.
    3. Step C: Calculate the difference between the 2002 and 2008 VOC
emission factors calculated in Step B and multiply by the 2002 vehicle
miles traveled. The result is the VOC emission calculation that will
occur between 2002 and 2008 without the benefits of any post-1990-CAA
measures. These are the non-creditable reductions that occur over this
period.
    Georgia calculated the non-creditable emission reductions between
2002 and 2008 by modeling its 2002 and 2008 motor vehicle emissions
with all post-1990 CAA measures turned off, and calculating the
difference.
    4. Step D: Subtract the non-creditable reductions calculated in
Step C from the actual anthropogenic 2002 inventory estimated in Step
A. These adjusted inventories are the basis for calculating the target
level of emissions in 2008.
    The adjusted VOC inventory for calculating the target level of VOC
emissions reductions in the 7-County area for 2008 is 114.0 tpd \9\
(i.e., 123.5 tpd (the result of Step A) minus 9.6 tpd (the result of
Step C)).
---------------------------------------------------------------------------

    \9\ Number reflects the VOC emissions reductions stated in the
October 21, 2009, submittal.
---------------------------------------------------------------------------

    The adjusted NOX inventory for calculating the target
level of NOX emissions reductions in the 13-County area for
2008 is 519.0 tpd (i.e., 562.1 tpd the result of Step A) minus 43.1 tpd
(the result of Step C)).
    5. Step E: Reduce the adjusted inventories calculated in Step D by
15 percent. The result is the target level of emissions in 2008 in
order to meet the 2008 RFP requirement. The actual projected 2008
inventory for all sources with all control measures in place, including
projected 2008 growth in activity, must be at or lower than this target
level of emissions.
    The targeted level of emissions reductions for the Atlanta Area to
meet RFP requirements is 17.1 tpd of VOC (i.e, 114.0 tpd multiplied by
15 percent) in the 7-County area. Thus the required targeted level of
VOC emissions is 96.9 tpd for the 7-County area.
    The targeted level of emissions reductions for the Atlanta Area to
meet RFP requirements is 77.9 tpd of NOX (i.e, 519.0 tpd
multiplied by 15 percent) in the 13-County area. Thus the required
targeted level of NOX emissions is 441.2 tpd for the 13-
County area.

C. Final Analysis of Georgia's RFP Analysis for the Atlanta Area

    As mentioned above, the required target level for the Atlanta Area
to meet the initial RFP plan requirement is a 15 percent reduction in
2008 VOC emissions from the 7-County area and 15 percent reduction in
2008 NOX emissions from the 13-County area from the VOC and
NOX emissions in 2002 (as adjusted per CAA requirements).
Specifically, to meet this requirement, Georgia needed to demonstrate a
reduction of at least 17.1 tpd VOC for the 7-County area and 77.9 tpd
NOX for the 13-County area, respectively. Tables 5 and 6
below summarize the results of Georgia's calculations for this RFP
analysis.

                Table 5--15 Percent VOC RFP Analysis for the 7-County Portion of the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                                                                                VOC
              Step from Method 1                                        Matrix                            (tpd)
----------------------------------------------------------------------------------------------------------------
Step A.......................................  Total 2002 Base Year Anthropogenic VOC Emissions........    123.5
Step C.......................................  Non-Creditable VOC reductions...........................      9.6
Step D.......................................  2002 Base Year minus the Non-Creditable Emissions.......    114.0
Step E.......................................  2008 Target Level of VOC Emissions......................     96.9
----------------------------------------------------------------------------------------------------------------

               Table 6--15 Percent NOX RFP Analysis for the 13-County Portion of the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                                                                                NOX
              Step from Method 1                                        Matrix                            (tpd)
----------------------------------------------------------------------------------------------------------------
Step A.......................................  Total 2002 Base Year Anthropogenic NOX Emissions........    562.1
Step C.......................................  Non-Creditable NOX reductions...........................     43.1
Step D.......................................  2002 Base Year minus the Non-Creditable Emissions.......    519.0
Step E.......................................  2008 Target Level of NOX Emissions......................    441.2
----------------------------------------------------------------------------------------------------------------

    In its October 21, 2009, SIP revision, Georgia calculated the 2008
VOC and NOX emissions inventories for the Atlanta Area.
These emissions inventories are provided in Table 7 below.

                          Table 7--2008 Projected Emissions (tpd) for the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                                                                                Non-road   On-road
                                                             Point       Area      mobile     mobile     Total
----------------------------------------------------------------------------------------------------------------
13-County (NOX)..........................................       99.9       25.2      104.3      221.2      450.7
7-County (VOC)...........................................        6.7       49.1       12.9       41.1      109.8
----------------------------------------------------------------------------------------------------------------

    As discussed above, the required target for NOX
reductions in the 13-County Area for the year 2008 to meet the RFP
requirements for the Atlanta Area is 77.9 tpd (i.e., 15 percent
reduction from the adjusted 2002 baseline). The projected 13-County
2008 NOX emissions of 450.7 tpd are above the 2008 13-County
NOX Target Level Emissions of 441.2 tpd by 9.5 tpd. However,
there are unclaimed 2008 NOX reductions totaling 126.0 tpd
available from the 7-County Area without an approved 1-hour ozone 15
Percent VOC Plan where RFP must be in VOC reductions. By applying 9.5
tpd of those available 7-County NOX reductions towards 13-
County RFP, the 13-County NOX target is met, with 116.5
available nonattainment area NOX tons per day reductions
remaining. See Table 8.

                                 Table 8--2008 7-County Available NOX Reductions
----------------------------------------------------------------------------------------------------------------
                                                                                Non-road   On-road
                                                             Point       Area      mobile     mobile     Total
----------------------------------------------------------------------------------------------------------------
2002 Adjusted to 2008 Base Year 7-county NOX Inventory...      163.1        7.8       18.1       59.0      247.9
2008 7-County Projected NOX Inventory....................       46.7        8.0       15.7       51.5      121.9
2008 7-County Available NOX Reductions...................      116.4       -0.2        2.3        7.5      126.0
----------------------------------------------------------------------------------------------------------------

    The required target for VOC reductions in the 7-County area for the
year 2008 to meet the RFP requirements for the Atlanta Area is 17.1 tpd
(i.e., 15 percent reduction from the adjusted 2002 baseline). Although
the projected 7-County 2008 VOC emissions of 109.8 tpd are above the
2008 7-County VOC Target Level Emissions of 96.9 tpd by 12.9 tpd, there
are unclaimed 2008 VOC reductions totaling 74.6 tpd available from the
13-County Area for which there is an approved 1-hour ozone 15 Percent
VOC Plan. By applying 12.9 tpd of those available 13-County VOC
reductions towards 7-County RFP, the 7-County VOC target is met, with
61.7 available nonattainment area VOC tons per day reductions
remaining. See Table 9.

                                Table 9--2008 13-County Available VOC Reductions
----------------------------------------------------------------------------------------------------------------
                                                                                Non-road   On-road
                                                             Point       Area      mobile     mobile     Total
----------------------------------------------------------------------------------------------------------------
2002 Adjusted to 2008 Base Year 13-county VOC Inventory..       15.9      297.8      137.7      145.1      596.4
2008 13-County Projected VOC Inventory...................       14.5      269.2      107.4      130.7      521.8
2008 13-County Available VOC Reductions..................        1.4       28.6       30.3       43.5       74.6
----------------------------------------------------------------------------------------------------------------

    Thus, EPA is making the determination that Georgia's SIP revision
demonstrates the required progress towards attainment for the Atlanta
Area. In today's action, EPA is approving Georgia's RFP SIP revision
submitted on October 21, 2009 as meeting the CAA and EPA's regulations
regarding RFP.

IV. What are the 2008 NOX and VOC emissions inventories for
the Atlanta area?

    In support of its development of NOX and VOC MVEB for
the 2008, Georgia, in its October 21, 2009, SIP revision, developed the
NOX and VOC emissions inventories for the full 20-County
Atlanta Area. These inventories are not required for the RFP plan but
are necessary for the development of the MVEB. These emissions
inventories are provided in Table 10 below.

                            Table 10--2008 20-County Atlanta Area Projected Emissions
                                              [Tons per summer day]
----------------------------------------------------------------------------------------------------------------
                                                                                Non-road   On-road
                                                             Point       Area      mobile     mobile     Total
----------------------------------------------------------------------------------------------------------------
VOC......................................................       21.1      318.3      120.3     171.78      631.5
NOX......................................................      139.4       33.2      120.1     272.64      565.3
----------------------------------------------------------------------------------------------------------------

V. What is EPA's analysis of the 2008 MVEB for the Atlanta area?

    Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstrations) and maintenance plans create MVEB for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, an MVEB must be established for the target
year and precursor pollutant of the RFP (i.e., in this case, for the
target year of 2008 and for VOC and NOX). The MVEB is the
portion of the total allowable emissions in the maintenance
demonstration that is allocated to highway and transit vehicle use and
emissions. See 40 CFR 93.101. The MVEB serves as a ceiling on emissions
from an area's planned transportation system. The MVEB concept is
further explained in the preamble to the November 24, 1993,
Transportation Conformity Rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
MVEB.
    After interagency consultation with the transportation partners for
the Atlanta Area, Georgia developed VOC and NOX MVEB for the
year 2008. Specifically, Georgia developed these MVEB, as required, for
the target year and relevant precursors--2008 and VOC and
NOX. The MVEB for the Atlanta Area for Georgia's 2008 RFP
plan are based on the projected 2008 mobile source emissions accounting
for all mobile control measures. The 2008 MVEB are defined in Table 11
below.

  Table 11--Total 20-County 2008 MVEB for the 1997 8-Hour Atlanta Area
                                  [tpd]
------------------------------------------------------------------------
                           2008 20-County MVEB
-------------------------------------------------------------------------
                                                         VOC       NOX
------------------------------------------------------------------------
    Total...........................................   171.83    272.67
------------------------------------------------------------------------

    Through this rulemaking, EPA is approving the 2008 VOC and
NOX MVEB for the Atlanta Area because EPA has made the
determination that the Area maintains the 1997 8-hour ozone NAAQS with
the emissions at the levels of the budgets. Once the MVEB for the
Atlanta Area are approved or found adequate (whichever is completed
first), they must be used for future conformity determinations for the
1997 8-hour ozone NAAQS for Metropolitan Planning Organizations' long-
range transportation plans and transportation improvement programs.
After thorough review, EPA is determining that the budgets meet the
adequacy criteria, as outlined in 40 CFR 93.118(e)(4), and is now
approving the budgets because they are consistent with RFP for the 1997
8-hour ozone NAAQS for the year 2008.

VI. What is the status of EPA's adequacy determination for the 2008
MVEB for the Atlanta area?

    When reviewing a submitted ``control strategy'' SIP, RFP or
maintenance plan containing a MVEB, EPA may affirmatively find the MVEB
contained therein adequate for use in determining transportation
conformity. Once EPA affirmatively finds the submitted MVEB is adequate
for transportation conformity purposes, that MVEB must be used by state
and federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEB for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).

Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule entitled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Georgia's RFP plan submission includes VOC
and NOX MVEB for the Atlanta Area for the year 2008. EPA
reviewed the MVEB through the adequacy process. The Georgia SIP
submission, including the 2008 MVEB for the Atlanta Area, was open for
public comment on EPA's adequacy Web site on November 9, 2009, found
at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The
EPA public comment period on adequacy of the 2008 MVEB for the Atlanta
Area, closed on December 9, 2009. EPA did not receive any comments,
adverse or otherwise, during the adequacy process.
    EPA intends to make its determination on the adequacy of the 2008
MVEB for the Atlanta Area for transportation conformity purposes by
completing the adequacy process that was started on November 9, 2009.
EPA finds the 2008 MVEB adequate and is approving the 2008
NOX and VOC MVEB. The new MVEB for NOX and VOC
must be used for future transportation conformity determinations. For
required regional emissions analysis years that involve 2008 or beyond,
the applicable budgets will be the new 2008 MVEB established in this
RFP plan, as defined in section V of this proposed rulemaking.

VII. Final Action

    EPA is taking direct final action to approve a SIP revision,
submitted on October 21, 2009, by the State of Georgia, through the GA
EPD to meet the RFP requirements for the Atlanta Area for the 1997 8-
hour ozone NAAQS. Additionally, EPA is approving the NOX and
VOC MVEB for the Atlanta Area that were included in Georgia's RFP plan.
Furthermore, EPA is finding the budgets adequate. These actions are
being taken pursuant to section 110 of the CAA. As an administrative
update, EPA is removing the numbering system in table (e) of 40 CFR
52.570.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this issue
of the Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision should adverse
comment be filed. This rule will be effective on July 29, 2013 without
further notice unless the Agency receives adverse comment by June 28,
2013. If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on July
29, 2013 and no further action will be taken on the proposed rule.

VIII. 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 proposed 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 July 29, 2013. 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 this issue of the 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,

Ozone, Reporting and recordkeeping requirements, and Volatile organic
compounds.

    Dated: May 13, 2013
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 L--Georgia

0
2. Section 52.570(e) is amended by revising the table to read as
follows:

Sec.  52.  570 Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable       State submittal
   Name of nonregulatory SIP         geographic or      date/effective    EPA approval         Explanation
           provision              nonattainment area         date             date
----------------------------------------------------------------------------------------------------------------
High Occupancy Vehicle (HOV)     Atlanta Metropolitan  11/15/93 and     3/18/99, 4/26/   .......................
 lane on I-85 from Chamblee-      Area.                 amended on 6/    99 and 11/5/09.
 Tucker Road to State Road 316.                         17/96 and 2/5/
 High Occupancy Toll (HOT) lane                         10.
 on I-85 from Chamblee-Tucker
 Road to State Road 316.
Clean Fuel Vehicles Revolving    Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Loan Program.                    Area.
Regional Commute Options         Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Program and HOV Marketing        Area.
 Program.
HOV lanes on I-75 and I-85.....  Atlanta Metropolitan  6/17/96........  4/26/99          .......................
                                  Area.
Two Park and Ride Lots:          Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Rockdale County-Sigman at I-20   Area.
 and Douglas County-Chapel Hill
 at I-20.
MARTA Express Bus routes (15     Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 buses).                          Area.
Signal preemption for MARTA      Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 routes 15 and 23.
Improve and expand service on    Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 MARTA's existing routes in       Area.
 southeast DeKalb County.
Acquisition of clean fuel buses  Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 for MARTA and Cobb County        Area.
 Transit.
ATMS/Incident Management         Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Program on I-75/I-85 inside I-   Area.
 285 and northern ARC of I-285
 between I-75 and I-85.
Upgrading, coordination and      Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 computerizing intersections.     Area.
[Reserved]:
    Atlantic Steel               Atlanta Metropolitan  3/29/00........  8/28/00          .......................
     Transportation Control       Area.
     Measure.
    Procedures for Testing and   Atlanta Metropolitan  7/31/00........  7/10/01          .......................
     Monitoring Sources of Air    Area.
     Pollutants.
    Enhanced Inspection/         Atlanta Metropolitan  9/20/00........  7/10/01          .......................
     Maintenance Test             Area.
     Equipment, Procedures and
     Specifications.
    Preemption Waiver Request    Atlanta Metropolitan  5/31/00........  2/22/02          .......................
     for Low-RVP, Low-Sulfur      Area.
     Gasoline Under Air Quality
     Control Rule 391-3-1-
     .02(2)(bbb).
    Technical Amendment to the   Atlanta Metropolitan  11/9/01........  2/22/02          .......................
     Georgia Fuel Waiver          Area.
     Request of May 31, 2000.
    Georgia's State              Atlanta Metropolitan  7/17/01........  5/7/02           .......................
     Implementation Plan for      Area.
     the Atlanta Ozone
     Nonattainment Area.
    Post-1999 Rate of Progress   Atlanta Metropolitan  12/24/03.......  7/19/04, 69 FR   .......................
     Plan.                        Area.                                  42884.
    Severe Area Vehicle Miles    Atlanta 1-hour ozone  6/30/04........  6/14/05, 70 FR   .......................
     Traveled (VMT SIP) for the   severe                                 34358.
     Atlanta 1-hour severe        nonattainment area.
     ozone nonattainment area.
    Atlanta 1-hour ozone         Atlanta severe 1-     2/1/05.........  6/14/05, 70 FR   .......................
     attainment area 2015         hour ozone                             34660.
     maintenance plan.            maintenance area.
    Attainment Demonstration     Walker and Catoosa    12/31/04.......  8/26/05, 70 FR   .......................
     for the Chattanooga Early    Counties.                              50199.
     Action Area.
    Attainment Demonstration     Columbia and          12/31/04.......  8/26/05, 70 FR   .......................
     for the Lower Savannah-      Richmond Counties.                     50195.
     Augusta Early Action
     Compact Area.
    Alternative Fuel Refueling   Douglas County, GA..  9/19/06........  11/28/06, 71 FR  .......................
     Station/Park and Ride                                               68743.
     Transportation Center,
     Project DO-AR-211 is
     removed.
    Macon 8-hour Ozone           Macon, GA             6/15/07........  9/19/07, 72 FR   .......................
     Maintenance Plan.            encompassing a                         53432.
                                  portion of Monroe
                                  County.

    Murray County 8-hour Ozone   Murray County.......  6/15/07........  10/16/07, 72 FR  .......................
     Maintenance Plan.                                                   58538.
    Atlanta Early Progress Plan  Barrow, Bartow,       1/12/07........  2/20/08, 73 FR   .......................
                                  Carroll, Cherokee,                     9206.
                                  Clayton, Cobb,
                                  Coweta, DeKalb,
                                  Douglas, Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding, Rockdale,
                                  Spalding and Walton
                                  counties.
    Rome; 1997 Fine Particulate  Floyd County........  10/27/2009.....  1/12/12, 77 FR   .......................
     Matter 2002 Base Year                                               1873.
     Emissions Inventory.
    Chattanooga; Fine            Catoosa and Walker    10/27/09.......  2/8/12; 77 FR    .......................
     Particulate Matter 2002      Counties.                              6467.
     Base Year Emissions
     Inventory.
    110(a)(1) and (2)            Georgia.............  10/13/2007.....  2/6/2012, 77 FR  .......................
     Infrastructure                                                      5706.
     Requirements for the 1997
     8-Hour Ozone National
     Ambient Air Quality
     Standards.
    Atlanta 1997 Fine            Barrow, Bartow,       07/06/2010.....  3/1/2012, 77 FR  .......................
     Particulate Matter 2002      Carroll, Cherokee,                     12487.
     Base Year Emissions          Clayton, Cobb,
     Inventory.                   Coweta, DeKalb,
                                  Douglas, Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding, Rockdale,
                                  Spalding and Walton
                                  Counties in their
                                  entireties and
                                  portions of Heard
                                  and Putnam Counties.
    Macon 1997 Fine Particulate  Bibb County and       8/17/2009......  3/02/12, 77 FR   .......................
     Matter 2002 Base Year        Monroe County.                         12724.
     Emissions Inventory.
    Atlanta 1997 8-Hour Ozone    Barrow, Bartow,       10/21/2009.....  4/24/2012, 77    .......................
     2002 Base-Year Emissions     Carroll, Cherokee,                     FR 24399.
     Inventory.                   Clayton, Cobb,
                                  Coweta, DeKalb,
                                  Douglas, Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding, Rockdale,
                                  Spalding and Walton
                                  Counties in their
                                  entireties.
    Regional Haze Plan.........  Statewide...........  2/11/10........  6/28/12, 77 FR   .......................
                                                                         38501.
    Regional Haze Plan           Statewide...........  11/19/10.......  6/28/12, 77 FR   .......................
     Supplement (including BART                                          38501.
     and Reasonable Progress
     emissions limits).
    110(a)(1) and (2)            Georgia.............  7/23/2008......  10/25/2012, 77   With the exception of
     Infrastructure                                                      FR 65125.        110(a)(2)(D)(i).
     Requirements for 1997 Fine
     Particulate Matter
     National Ambient Air
     Quality Standards.
    110(a)(1) and (2)            Georgia.............  10/21/2009.....  10/25/2012, 77   With the exception of
     Infrastructure                                                      FR 65125.        110(a)(2)(D)(i).
     Requirements for 2006 Fine
     Particulate Matter
     National Ambient Air
     Quality Standards.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....
     Control of VOC Emissions     Ozone Nonattainment
     from Reactor Processes and   Area.
     Distillation Operations in
     Synthetic Organic Chemical
     Manufacturing Industry
     (SOCMI) EPA-450/4-91-031,
     August 1993.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013       .......................
     Control of VOC Emissions     Ozone Nonattainment
     from Equipment Leaks from    Area.
     Natural Gas/Gasoline
     Processing Plants EPA-450/
     3-83-007, December 1983.

    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....  .......................
     Control of VOC Leaks from    Ozone Nonattainment
     Synthetic Organic Chemical   Area.
     Polymer and Resin
     Manufacturing Equipment
     EPA-450/3-83-006, March
     1984.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....  .......................
     Control of VOC Emissions     Ozone Nonattainment
     from Air Oxidation           Area.
     Processes in Synthetic
     Organic Chemical
     Manufacturing Industry
     (SOCMI), EPA-450/3-84-015,
     December 1984.
    110(a)(1) and (2)            Georgia.............  7/23/2008......  4/12/2013......  Addressing element
     Infrastructure                                                                       110(a)(2) (D)(i)(II)
     Requirements for 1997 Fine                                                           prong 3 only
     Particulate Matter
     National Ambient Air
     Quality Standards.
    110(a)(1) and (2)            110(a)(1) and (2)     10/21/2009.....  4/12/2013......  Addressing element
     Infrastructure               Infrastructure                                          110(a)(2) (D)(i)(II)
     Requirements for 2006 Fine   Requirements for                                        prong 3 only
     Particulate Matter           1997 Fine
     National Ambient Air         Particulate Matter
     Quality Standards.           National Ambient
                                  Air Quality
                                  Standards.
    1997 8-Hour Ozone            Atlanta 1997 8-Hour   10/21/2009.....  5/29/2013......  .......................
     Reasonable Further           Ozone Nonattainment
     Progress Plan for Atlanta    Area.
     Area.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-12467 Filed 5-28-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46818-46820]
[DOCID:fr11se09-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60621; File No. SR-NYSEArca-2009-77]

 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending NYSE Arca Options Rule 5.3(j)

September 3, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 19, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the definition of Futures-Linked
Securities for the trading of options on Index-Linked Securities. The
text of the proposed rule change is attached as Exhibit 5 to the 19b-4
form. A copy of this filing is available on the Exchange's Web site at
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Rules [sic] 5.3(j) designates the listing and trading of
options on equity index-linked securities (``Equity Index-Linked
Securities''), commodity-linked securities (``Commodity-Linked
Securities''), currency-linked securities (``Currency-Linked
Securities''), fixed income index-linked securities (``Fixed Income
Index-Linked Securities''), futures-linked securities (``Futures-Linked
Securities'') and multifactor index-linked securities (``Multifactor
Index-Linked Securities''), collectively known as ``Index-Linked
Securities'' (as defined in NYSE Arca Equities Rule 5.2(j)(6)) that are
principally traded on a national securities exchange and an ``NMS
Stock'' (as defined in Rule 600 of Regulation NMS under the Securities
and Exchange Act of 1934). The Exchange proposes to amend the
definition of Futures-Linked Securities for the trading of options on
Index-Linked Securities to include products linked to CBOE Volatility
Index (VIX) Futures. This proposal is substantially similar to the
previously approved NYSE Arca Equities Rule 5.2(j)(6)(v).\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 34-58968 (November
17, 2008), 73 FR 64647 (SR-NYSEArca-2008-111).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to add the CBOE Volatility
Index (VIX) Futures to the definition of a Futures Reference Asset in
NYSE Arca Rule 5.3(j)(1)(E).
    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable

underlying securities, commodities, currencies, derivative instruments
or market indexes of the foregoing (``Underlying Index'' or
``Underlying Indexes''). Index-Linked Securities are the non-
convertible debt of an issuer that have a term of at least one (1) year
but not greater than thirty (30) years. Despite the fact that Index-
Linked Securities are linked to an underlying index, each trade as a
single, exchange-listed security. Accordingly, rules pertaining to the
listing and trading of standard equity options apply to Index-Linked
Securities.
    Currently, the Exchange will consider listing and trading options
on Index-Linked Securities provided the Index-Linked Securities meet
the criteria for underlying securities set forth in Rule 5.3(a)-(b).
    Index-Linked Securities must meet the criteria and guidelines for
underlying securities set forth in Rule 5.3(a); or the Index-Linked
Securities must be redeemable at the option of the holder at least on a
weekly basis through the issuer at a price related to the applicable
underlying Reference Asset.\5\ In addition, the issuing company is
obligated to issue or repurchase the securities in aggregation units
for cash or cash equivalents satisfactory to the issuer of Index-Linked
Securities which underlie the option as described in the Index-Linked
Securities prospectus.
---------------------------------------------------------------------------

    \5\ For the purposes of Rule 5.3(j), Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, Futures Reference Assets and Multifactor Reference
Assets, will be collectively referred to as ``Reference Assets,'' as
defined in NYSE Arca Equities Rule 5.2(j)(6).
---------------------------------------------------------------------------

    Options on Index-Linked Securities will continue to be subject to
all Exchange rules governing the trading of equity options. The current
continuing or maintenance listing standards for options traded on NYSE
Arca will continue to apply.
The VIX
    The information in this filing relating to the VIX was taken from
the Web site of the Chicago Board Options Exchange (the ``CBOE'').
    The VIX was originally developed by the CBOE in 1993 and was
calculated using S&P 100[reg] Index options. The current methodology
for the VIX was introduced by the CBOE in September 2003 and it is now
an index that uses the quotes of certain S&P 500[reg] Index (``SPX'')
option series to derive a measure of the volatility of the U.S. equity
market. The VIX measures market expectations of near term volatility
conveyed by the prices of options on the SPX. It provides investors
with up-to-the-minute market estimates of expected stock market
volatility over the next 30 calendar days by extracting implied
volatilities from real-time index option bid/ask quotes.
VIX Futures
    Information regarding VIX Futures can be found on the Web site of
the CBOE Futures Exchange (the ``CFE'').
    The CFE began listing and trading VIX Futures since March 26, 2004
under the ticker symbol VX. VIX Futures trade between the hours of 8:30
a.m.--3:15 p.m. Central Time (Chicago Time).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \6\ of the Securities Exchange Act of 1934 (``Act'')
in general, and furthers the objectives of Section 6(b)(5) \7\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that the
proposed rules applicable to trading pursuant to generic listing and
trading criteria, together with the Exchange's surveillance procedures
applicable to trading in the securities covered by the proposed rules,
serve to foster investor protection.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-77 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2009-77. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that

you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2009-77 and should be submitted on or before
October 2, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21886 Filed 9-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12097-12098]
[FR Doc No: 2016-05175]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0437; FRL-9942-87]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection (EPA ICR No. 2302.03); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Safer Choice Product Recognition Program'' and
identified by EPA ICR No. 2302.03 and OMB Control No. 2070-0178,
represents the renewal of an existing ICR that is scheduled to expire
on August 31, 2016. Before submitting the ICR to OMB for review and
approval, EPA is soliciting comments on specific aspects of the
proposed information collection that is summarized in this document.
The ICR and accompanying material are available in the docket for
public review and comment.

DATES: Comments must be received on or before May 9, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0437, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Chen Wen, Chemistry, Economics & Sustainable Strategies Division
(7409M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Safer Choice Product Recognition Program.
    ICR number: EPA ICR No. 2302.03.
    OMB control number: OMB Control No. 2070-0178.
    ICR status: This ICR is currently scheduled to expire on August 31,
2016. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: EPA's Safer Choice program formally recognizes safer
products where all ingredients have an environmental and human health
profile showing that they are the safest in their functional use class.
Under the encouragement of this program, leading companies have made
great progress in developing safer, highly effective chemical products.
Since the program's inception in 1997, formulators have used the
program as a portal to EPA's unique chemical expertise, information
resources, and guidance on greener

chemistry. Safer Choice program partners enjoy Agency recognition,
including the use of the Safer Choice program logo on products with the
safest possible formulations. In the future, EPA expects much greater
program participation due to rising demand for safer products. This
information collection enables EPA to accommodate participation by more
than nine formulators each year and to enhance program transparency.
    Information collection activities associated with this program will
assist the Agency in meeting the goals of the Pollution Prevention Act
(PPA) by providing resources and recognition for businesses committed
to promoting and using safer chemical products. In turn, the program
will help businesses meet corporate sustainability goals by providing
the means to, and an objective measure of, environmental stewardship.
Investment analysts and advisers seek these types of measures in
evaluating a corporation's sustainability profile and investment
worthiness. Safer Choice Product Recognition program partnership is an
important impetus for prioritizing and completing the transition to
safer chemical products. The Safer Choice Product Recognition program
is also needed to promote greater use of safer chemical products by
companies unaware of the benefits of such a change.
    EPA has tailored its request for information, and especially the
Safer Choice Product Recognition program application forms, to ensure
that the Agency requests only that information essential to verify
applicants' eligibility for recognition.
    Responses to the collection of information are voluntary.
Respondents may claim all or part of a response confidential. EPA will
disclose information that is covered by a claim of confidentiality only
to the extent permitted by, and in accordance with, the procedures in
TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to range between
8 and 16 hours per response, depending upon the type of respondent.
Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are companies engaged in the formulation of end-use, for-sale
products that have furthered the goals of the Safer Choice program
through active and exemplary participation in and promotion of the
program, and that wish to receive recognition for their achievements.
    Estimated total number of potential respondents: 157.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
1.0.
    Estimated total annual burden hours: 1,596 hours.
    Estimated total annual costs: $652,359. This includes an estimated
burden cost of $ 652,359 and an estimated cost of $ 0 for capital
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is an increase of 362 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This increase reflects EPA's estimate of a greater number of
respondents, due to historical experience and increases in the expected
future number of responses due to greater consumer awareness and demand
for products with the Safer Choice label. This increase is partially
offset by reduced per-response burden estimates based on expected
efficiencies created by using the Salesforce-based Safer Choice
Community on the part of respondents. This change is an adjustment.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: March 1, 2016.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2016-05175 Filed 3-7-16; 8:45 am]
 BILLING CODE 6560-50-P