[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 [www.gpo.gov]
[FR Doc No: 2023-02416]


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

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.

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

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 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: 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 
[email protected].

[[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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:
     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 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
----------------------------------------------------------------------------------------------------------------
                                                            State
    Name of nonregulatory SIP          Applicable      submittal date/
            provision                geographic or        effective     EPA approval date       Explanation
                                   nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-02416 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P