Rule2023-04505
Air Plan Approval; Georgia; Macon Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Primary source
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Published
March 8, 2023
Effective
April 7, 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 Limited Maintenance Plan (LMP) for the Macon 1997 8-hour ozone national ambient air quality standards (NAAQS) maintenance area (hereinafter referred to as the Macon 1997 8-hour Ozone NAAQS Area or Macon Area or Area). The Macon 1997 8-hour NAAQS Area consists of all of Bibb County and a portion of Monroe County located in middle Georgia. EPA is finalizing approval because the Macon Area LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within the 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 Area federally enforceable as part of the Georgia SIP.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14278-14280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04505]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0203; FRL-10510-02-R4]
Air Plan Approval; Georgia; Macon 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 Limited
Maintenance Plan (LMP) for the Macon 1997 8-hour ozone national ambient
air quality standards (NAAQS) maintenance area (hereinafter referred to
as the Macon 1997 8-hour Ozone NAAQS Area or Macon Area or Area). The
Macon 1997 8-hour NAAQS Area consists of all of Bibb County and a
portion of Monroe County located in middle Georgia. EPA is finalizing
approval because the Macon Area LMP provides for the maintenance of the
1997 8-hour ozone NAAQS within the 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 Area federally enforceable as part of the Georgia SIP.
DATES: This rule is effective April 7, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0203. 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.
[[Page 14279]]
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#4f2d2a2323613b262a3d2a21360f2a3f2e61282039"><span class="__cf_email__" data-cfemail="ff9d9a9393d18b969a8d9a9186bf9a8f9ed1989089">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Macon 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 April 30, 2004, the Macon Area
was designated as nonattainment for the 1997 8-hour ozone NAAQS,
effective June 15, 2004. See 69 FR 23858 (April 30, 2004).
Subsequently, in 2007 the Macon 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 53432 (September 19, 2007). The Macon Area LMP
is designed to maintain the 1997 8-hour ozone NAAQS within the Macon
Area through the end of the second 10-year portion of the maintenance
period beyond redesignation.
EPA is finalizing approval of the plan because it meets all
applicable requirements under CAA sections 110 and 175A. As a general
matter, the Macon 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 28,
2022 (87 FR 79830), EPA proposed to approve the Macon Area LMP because
the State made a showing, consistent with EPA's prior LMP guidance,
that the Macon Area 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 28, 2022, NPRM. Comments on the December 28, 2022, NPRM were
due on or before January 27, 2023. No adverse comments were received on
the December 28, 2022, NPRM.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the NPRM, EPA is finalizing approval of the Macon
Area LMP for the 1997 8-hour ozone NAAQS, as submitted by Georgia EPD
on October 20, 2021. EPA is finalizing approval of the Macon 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 Macon 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 Macon 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 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
[[Page 14280]]
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 May 8, 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: February 28, 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, amend the table in paragraph (e) by adding an entry
for ``1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan)
for the Macon 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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Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
1997 8-hour Ozone 2nd Bibb County and a 10/20/2021 3/8/2023, [Insert
Maintenance Plan (Limited portion of Monroe citation of
Maintenance Plan) for the County. publication].
Macon Area.
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[FR Doc. 2023-04505 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on March 8, 2023.
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