[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 [www.gpo.gov]
[FR Doc No: 2023-02399]


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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.

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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 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 www.regulations.gov 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 www.regulations.gov 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 
[email protected].

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:
     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);
     Does not impose information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     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).
    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
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                                       Applicable           State
    Name of nonregulatory SIP        geographic or       submittal/     EPA approval date       Explanation
            provision              nonattainment area  effective date
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                                                  * * * * * * *
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.
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[FR Doc. 2023-02399 Filed 2-6-23; 8:45 am]
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