[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 [www.gpo.gov]
[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 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.

[[Page 14279]]

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].

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:
     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

[[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]
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