Rule2023-02399
Air Plan Approval; Georgia; Atlanta Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2023
Effective
March 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of a state implementation plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (EPD), on December 17, 2021. The SIP revision includes the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) Limited Maintenance Plan (LMP) for the Atlanta, Georgia Area (hereinafter referred to as the Atlanta Area or Area). The Atlanta Area consists of 20 counties in Georgia: Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties. EPA is approving Georgia's LMP for the Atlanta Area because it provides for maintenance of the 1997 8-hour ozone NAAQS within the Area through the end of the second 10-year portion of the maintenance period. The effect of this action makes certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Area federally enforceable as part of the Georgia SIP.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7883-7884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02399]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0436; FRL-10401-02-R4]
Air Plan Approval; Georgia; Atlanta Area Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a state implementation plan (SIP) revision submitted by the
State of Georgia, through the Georgia Environmental Protection Division
(EPD), on December 17, 2021. The SIP revision includes the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS) Limited
Maintenance Plan (LMP) for the Atlanta, Georgia Area (hereinafter
referred to as the Atlanta Area or Area). The Atlanta Area consists of
20 counties in Georgia: Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties.
EPA is approving Georgia's LMP for the Atlanta Area because it provides
for maintenance of the 1997 8-hour ozone NAAQS within the Area through
the end of the second 10-year portion of the maintenance period. The
effect of this action makes certain commitments related to maintenance
of the 1997 8-hour ozone NAAQS in the Area federally enforceable as
part of the Georgia SIP.
DATES: This rule is effective March 9, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0436. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation 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 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#2d414c5f424e4e4c035e4c5f4c456d485d4c034a425b"><span class="__cf_email__" data-cfemail="6a060b180509090b44190b180b022a0f1a0b440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 30, 2004, the Atlanta Area was designated as nonattainment
for the 1997 8-hour ozone NAAQS, effective June 15, 2004. See 69 FR
23858 (April 30, 2004). In 2013, the Atlanta Area was redesignated to
attainment for the 1997 8-hour ozone NAAQS with EPA's approval of the
first maintenance plan demonstrating attainment through the initial 10-
year maintenance period. See 78 FR 72040 (December 2, 2013).
In a notice of proposed rulemaking (NPRM), published on November
28, 2022 (87 FR 72946), EPA proposed to approve the Atlanta Area LMP
because the State made a showing, consistent with EPA's prior LMP
guidance, that the Area's ozone concentrations are well below the 1997
8-hour ozone NAAQS, have been historically stable, and that it has met
all other maintenance plan requirements. The Atlanta Area LMP is
designed to maintain the 1997 8-hour ozone NAAQS within the Atlanta
Area through the end of the second 10-year portion of the maintenance
period beyond redesignation. As a general matter, the Atlanta Area LMP
relies on the same control measures and contingency provisions to
maintain the 1997 8-hour ozone NAAQS during the second 10-year portion
of the maintenance period as the maintenance plan submitted by Georgia
EPD for the first 10-year period. The details of Georgia's submission,
as well as EPA's rationale for approval, are explained further in the
November 28, 2022, NPRM.
EPA is finalizing approval of Georgia's December 17, 2021, LMP
because it meets all applicable requirements under CAA sections 110 and
175A. Comments on the November 28, 2022, NPRM were due on or before
December 28, 2022. EPA received comments on the November 28, 2022,
NPRM, which are discussed below.
II. Response to Comments
EPA received one set of comments in response to the November 28,
2022, NRPM. This set of comments, submitted by a member of the general
public, consists of several statements associated with website
hyperlinks. It is unclear how these comments are relevant to the
proposal, how the hyperlinked materials support the comments, and how,
or whether, the commenter would like EPA to change the proposal.
Furthermore, as noted in the November 28, 2022, NRPM, EPA generally
will not consider comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file-sharing system) such
as the hyperlinked materials. For these reasons, the comments require
no further response, and we are finalizing the action as proposed.
III. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the November 28, 2022, NPRM, EPA is finalizing the
Atlanta Area LMP for the 1997 8-hour ozone NAAQS, as submitted by
Georgia EPA on December 17, 2021. EPA is finalizing the approval of the
Atlanta Area LMP because it includes an acceptable update of various
elements of the 1997 8-hour ozone NAAQS maintenance plan approved by
EPA for the first 10-year period (including emissions inventory,
assurance of adequate monitoring and verification of continued
attainment, and contingency provisions) and retains the relevant
provisions of the SIP.
EPA also finds that the Atlanta Area qualifies for the LMP option
and that the Atlanta Area LMP is sufficient to provide for maintenance
of the 1997 8-hour ozone NAAQS in the Area over the second 10-year
maintenance period, ending on January 2, 2034.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. This action merely
approves state law as meeting Federal
[[Page 7884]]
requirements and do not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having significant economic impacts on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
This SIP revision is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 10, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 31, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. In Sec. 52.570(e), amend the table ``EPA-Approved Georgia Non-
Regulatory Provisions'' by adding an entry for ``1997 8-hour Ozone
Maintenance Plan for the Atlanta Area'' at the end of the table to read
as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone 2nd Barrow, Bartow, 12/17/2021 2/7/2023, [Insert
Maintenance Plan (Limited Carroll, Cherokee, Federal Register
Maintenance Plan) for the Clayton, Cobb, citation].
Atlanta Area. Coweta, DeKalb,
Douglas, Fayette,
Forsyth, Fulton,
Gwinnett, Hall,
Henry, Newton,
Paulding,
Rockdale,
Spalding, and
Walton Counties.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-02399 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.