Rule2023-02416
Air Plan Approval; Georgia; Murray County Area Limited Maintenance Plan for the 1997 8-hour Ozone NAAQS
Primary source
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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 October 20, 2021. The SIP revision includes the 1997 8-hour ozone national ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP) for the portion of Murray County, Georgia, previously designated nonattainment for the 1997 8-hour ozone NAAQS (hereinafter referred to as the Murray County 1997 8-hour NAAQS Area or Murray County Area or Area). EPA is finalizing approval because the Murray County Area LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within the Murray County Area through the end of the second 10-year portion of the maintenance period. This action makes certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in the Murray County Area federally enforceable as part of the Georgia SIP.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7888-7890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02416]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0202; FRL-10511-02-R4]
Air Plan Approval; Georgia; Murray County Area Limited
Maintenance Plan for the 1997 8-hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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 October 20, 2021. The SIP revision includes the 1997 8-hour
ozone national ambient air quality standards (NAAQS) Limited
Maintenance Plan (LMP) for the portion of Murray County, Georgia,
previously designated nonattainment for the 1997 8-hour ozone NAAQS
(hereinafter referred to as the Murray County 1997 8-hour NAAQS Area or
Murray County Area or Area). EPA is finalizing approval because the
Murray County Area LMP provides for the maintenance of the 1997 8-hour
ozone NAAQS within the Murray County Area through the end of the second
10-year portion of the maintenance period. This action makes certain
commitments related to maintenance of the 1997 8-hour ozone NAAQS in
the Murray County 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-2022-0202. 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#f795929b9bd9839e928592998eb7928796d9909881"><span class="__cf_email__" data-cfemail="5a383f3636742e333f283f34231a3f2a3b743d352c">[email protected]</span></a>.
[[Page 7889]]
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Murray County Area LMP for the 1997 8-hour ozone NAAQS, adopted by
Georgia EPD on October 12, 2021, and submitted by Georgia EPD as a
revision to the Georgia SIP on October 20, 2021. On 30, 2004, the
Murray County Area was designated as nonattainment for the 1997 8-hour
ozone NAAQS, effective June 15, 2004.\1\ See 69 FR 23858 (April 30,
2004). Subsequently, in 2007 the Area was redesignated to attainment
for the 1997 8-hour ozone NAAQS with EPA's approval of the first 10-
year maintenance plan, which was designed to keep the Area in
attainment through 2017. See 72 FR 58538 (October 16, 2007). The Murray
County LMP is designed to maintain the 1997 8-hour ozone NAAQS within
the Murray County Area through the end of the second 10-year portion of
the maintenance period beyond redesignation.
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\1\ The Murray County 1997 8-hour NAAQS Area is located entirely
within the Chattahoochee National Forest area of Murray County,
Georgia. The Area consists of all mountain peaks within the
Chattahoochee National Forest with an elevation greater than or
equal to 2,400 feet and that are enclosed by contour lines that
close on themselves.
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EPA is finalizing approval of the plan because it meets all
applicable requirements under CAA sections 110 and 175A. As a general
matter, the Murray County 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.
In a notice of proposed rulemaking (NPRM), published on December
23, 2022 (87 FR 78902), EPA proposed to approve the Murray County Area
LMP because the State made a showing, consistent with EPA's prior LMP
guidance, that the Murray County Area's ozone concentrations are well
below the 1997 8-hour ozone NAAQS and have been historically stable and
that the Area has met all other maintenance plan requirements. The
details of Georgia's submission, as well as EPA's rationale, are
explained further in the December 23, 2022, NPRM. Comments on the
December 23, 2022, NPRM were due on or before January 23, 2023. No
comments were received on the December 23, 2022, NPRM, adverse or
otherwise.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the December 23, 2022, NPRM, EPA is finalizing the
Murray County Area LMP for the 1997 8-hour ozone NAAQS, as submitted by
Georgia EPA on October 20, 2021. EPA is finalizing approval of the
Murray County 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 Murray County
Area qualifies for the LMP option and that the Area's LMP adequately
demonstrates maintenance of the 1997 8-hour ozone NAAQS through
documentation of monitoring data showing maximum 1997 8-hour ozone
levels well below the NAAQS and continuation of existing control
measures. EPA believes that the Area's 1997 8-Hour Ozone LMP is
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in
the Murray County Area over the second 10-year maintenance period,
through 2027, and thereby satisfies the requirements for such a plan
under CAA section 175A(b).
III. 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 requirements and does 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 these actions 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
[[Page 7890]]
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 by adding an entry for ``1997 8-
hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan) for the
Murray County Area'' at the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable submittal date/
provision geographic or effective EPA approval date Explanation
nonattainment area date
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* * * * * * *
1997 8-hour Ozone 2nd Murray County Area. 10/20/2021 2/7/2023, [Insert
Maintenance Plan (Limited citation of
Maintenance Plan) for the publication].
Murray County Area.
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[FR Doc. 2023-02416 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 7, 2023.
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