Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia: Redesignation of Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for Ozone

[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58538-58542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-18]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2007-0549-200742; FRL-8482-4]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia: Redesignation of
Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request submitted on
June 15, 2007, from the State of Georgia, through the Georgia
Environmental Protection Division (EPD), to redesignate the Murray
County 8-hour ozone nonattainment area to attainment for the 8-hour
ozone National Ambient Air Quality Standard (NAAQS). The Murray County
8-hour nonattainment ozone area is a partial county area, comprised of
the portion of Murray County that makes up the Chattahoochee National
Forest (Murray County Area). EPA's approval of the redesignation
request is based on the determination that the Murray County Area has
met the criteria for redesignation to attainment set forth in the Clean
Air Act (CAA), including the determination that the Murray County Area
has attained the 8-hour ozone standard. Additionally, EPA is approving
a revision to the Georgia State Implementation Plan (SIP) including the
8-hour ozone maintenance plan for the Murray County Area that contains
the new 2018 motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs). Through this
action, EPA is also finding the 2018 MVEBs adequate for the purposes of
transportation conformity.

DATES: Effective Date: This rule will be effective November 15, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0549. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed in the
index, some information is not 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 http://www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management 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: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air,

[[Page 58539]]

Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Ms. Harder can be reached via telephone number at (404) 562-9042 or
electronic mail at harder.stacy@epa.gov .

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Are We Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What Is the Background for the Actions?

On June 15, 2007, Georgia, through the GA EPD, submitted a request
to redesignate Murray County to attainment for the 8-hour ozone
standard, and for EPA approval of the Georgia SIP revision containing a
maintenance plan for the Murray County Area. In an action published on
August 29, 2007 (72 FR 49679), EPA proposed to approve the
redesignation of Murray County to attainment. EPA also proposed
approval of Georgia's plan for maintaining the 8-hour NAAQS as a SIP
revision, and proposed to approve the 2018 regional MVEBs for the
Murray County Area that were contained in the maintenance plan. In the
August 29, 2007, proposed action, EPA also provided information on the
status of its transportation conformity adequacy determination for the
Macon Area MVEBs. EPA received no comments on the August 29, 2007,
proposal.
In this action, EPA is also finalizing its determination that the
new regional MVEBs for the Macon Area are adequate for transportation
conformity purposes. The MVEBs included in the maintenance plan are as
follows:

Murray County 2018 MVEBs
[Tons per day]
------------------------------------------------------------------------
2018
------------------------------------------------------------------------
VOCs...................................... 0.0117
NOX....................................... 0.0129
------------------------------------------------------------------------

EPA's adequacy public comment period on these MVEBs (as contained
in Georgia's submittal) began on June 21, 2007, and closed on July 23,
2007. No comments were received during EPA's adequacy public comment
period. Through this Federal Register notice, EPA is finding the 2018
regional MVEBs, as contained in Georgia's submittal, adequate. These
MVEBs meet the adequacy criteria contained in the Transportation
Conformity Rule. The new regional MVEBs must be used for future
transportation conformity determinations.
As was discussed in greater detail in the August 29, 2007,
proposal, this redesignation is for the 8-hour ozone designations
finalized in 2004 (69 FR 23857, April 30, 2007). Various aspects of
EPA's Phase 1 8-hour ozone implementation rule were challenged in court
and on December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit Court) vacated EPA's Phase 1
Implementation Rule for the 8-hour Ozone Standard. (69 FR 23951, April
30, 2004). South Coast Air Quality Management Dist. (SCAQMD) v. EPA,
472 F.3d 882 (D.C. Cir. 2006). On June 8, 2007, in response to several
petitions for rehearing, the D.C. Circuit Court clarified that the
Phase 1 Rule was vacated only with regard to those parts of the Rule
that had been successfully challenged. Therefore, the Phase 1 Rule
provisions related to classifications for areas currently classified
under subpart 2 of title I, part D of the CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and the timing for emissions
reductions needed for attainment of the 8-hour ozone NAAQS, remain
effective. The June 8th decision left intact the Court's rejection of
EPA's reasons for implementing the 8-hour standard in certain
nonattainment areas under subpart 1 in lieu of subpart 2. By limiting
the vacatur, the Court let stand EPA's revocation of the 1-hour
standard and those anti-backsliding provisions of the Phase 1 Rule that
had not been successfully challenged. The June 8th decision affirmed
the December 22, 2006, decision that EPA had improperly failed to
retain measures required for 1-hour nonattainment areas under the anti-
backsliding provisions of the regulations: (1) Nonattainment area New
Source Review (NSR) requirements based on an area's 1-hour
nonattainment classification; (2) Section 185 penalty fees for 1-hour
severe or extreme nonattainment areas; and (3) measures to be
implemented pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on
the contingency of an area not making reasonable further progress
toward attainment of the 1-hour NAAQS, or for failure to attain that
NAAQS. The June 8th decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of 1-hour MVEBs until 8-hour budgets were
available for 8-hour conformity determinations, which is already
required under EPA's conformity regulations. The Court thus clarified
that 1-hour conformity determinations are not required for anti-
backsliding purposes.
With respect to the requirement for transportation conformity under
the 1-hour standard, the Court in its June 8th decision clarified that
for those areas with 1-hour MVEBs in their 1-hour maintenance plans,
anti-backsliding requires only that those 1-hour budgets must be used
for 8-hour conformity determinations until replaced by 8-hour budgets.
To meet this requirement, conformity determinations in such areas must
continue to comply with the applicable requirements of EPA's conformity
regulations at 40 CFR Part 93. The Murray County Area was never
designated nonattainment for the 1-hour ozone standard and thus does
not have 1-hour MVEBs to consider.
For the above reasons, and those set forth in the August 29, 2007,
proposal for the redesignation of the Murray County Area, EPA does not
believe that the Court's rulings alter any requirements relevant to
this redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006, and June 8, 2007, decisions impose no
impediment to moving forward with redesignation of Murray County to
attainment. Even in light of the Court's decisions, redesignation is
appropriate under the relevant redesignation provisions of the CAA and
longstanding policies regarding redesignation requests.

II. What Actions Is EPA Taking?

EPA is taking final action to approve Georgia's redesignation
request and to change the legal designation of the Murray County Area
from nonattainment to attainment for the 8-hour ozone NAAQS. The Murray
County Area is comprised of the portion of Murray County that makes up
the Chattahoochee National Forest. EPA is also approving Georgia's 8-
hour ozone maintenance plan for the Murray County Area (such approval
being one of the CAA criteria for redesignation to attainment status).
The maintenance plan is designed to help keep Murray County in
attainment for the 8-hour ozone NAAQS through 2018. These approval
actions are based on EPA's determination that Georgia has demonstrated
that the Murray County Area has met the criteria for redesignation to
attainment specified in the CAA, including a demonstration that the
Murray County Area has attained the 8-hour ozone standard. EPA's
analyses of Georgia's 8-hour ozone redesignation request and

[[Page 58540]]

maintenance plan are described in detail in the proposed rule published
August 29, 2007 (72 FR 49679).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes 2018 regional MVEBs for NOX and VOCs for the
Murray County Area. In this action, EPA is approving these 2018 MVEBs.
For regional emission analysis years that involve years prior to 2018,
there are no applicable budgets (for the purpose of conducting
transportation conformity analyses), so the transportation conformity
partners should consult with the area's interagency consultation group
to determine the appropriate interim tests to use. For regional
emission analysis years that involve the year 2018 and beyond, the
applicable budgets, for the purpose of conducting transportation
conformity analyses, are the new 2018 MVEBs. In this action, EPA is
also finding adequate and approving the Murray County Area's new
regional MVEBs for NOX and VOCs.

III. Why Are We Taking These Actions?

EPA has determined that the Murray County Area has attained the 8-
hour ozone standard and has also determined that Georgia has
demonstrated that all other criteria for the redesignation of the
Murray County Area from nonattainment to attainment of the 8-hour ozone
NAAQS have been met. See section 107(d)(3)(E) of the CAA. EPA is also
taking final action to approve the maintenance plan for Murray County
as meeting the requirements of sections 175A and 107(d) of the CAA.
Furthermore, EPA is finding adequate and approving the new 2018
regional MVEBs contained in Georgia's maintenance plan because these
MVEBs are consistent with maintenance for the Murray County Area. In
the August 29, 2007, proposal to redesignate Murray County, EPA
described the applicable criteria for redesignation to attainment and
its analysis of how those criteria have been met. The rationale for
EPA's findings and actions is set forth in the proposed rulemaking and
summarized in this final rulemaking.

IV. What Are the Effects of These Actions?

Approval of the redesignation request changes the legal designation
of the Murray County Area, Georgia for the 8-hour ozone NAAQS, found at
40 CFR part 81. The approval also incorporates into the Georgia SIP a
plan for maintaining the 8-hour ozone NAAQS in Murray County through
2018. The maintenance plan includes contingency measures to remedy
future violations of the 8-hour ozone NAAQS, and establishes regional
MVEBs for the year 2018 for Murray County.

V. Final Action

After evaluating Georgia's redesignation request, EPA is taking
final action to approve the redesignation and change the legal
designation of Murray County, Georgia from nonattainment to attainment
for the 8-hour ozone NAAQS. Through this action, EPA is also approving
into the Georgia SIP the 8-hour ozone maintenance plan for the Murray
County Area, which includes the new regional 2018 MVEBs of 0.0117 tpd
for VOCs, and 0.0129 tpd for NOX. EPA is also finding
adequate and approving the new 2018 regional MVEBs contained in
Georgia's maintenance plan for the Murray County Area. If
transportation conformity is implemented in this area, the Georgia
transportation partners will need to use these new MVEBs pursuant to 40
CFR 93.104(e) as effectively amended by section 172(c)(2)(E) of the CAA
as added by the Safe, Accountable, Flexible, Efficient Transportation
Equity Act--A Legacy for Users (SAFETEA-LU), which was signed into law
on August 10, 2005.

VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a state to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant and because the Agency does not have
reason to believe that the rule concerns an environmental health risk
or safety risk that may disproportionately affect children.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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

[[Page 58541]]

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 December 17, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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) of the CAA.)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air pollution control, National parks,
Wilderness areas.

Dated: October 4, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

• 40 CFR part 52 and 81 are amended as follows:

PART 52--[AMENDED]

• 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

• 2. Section 52.570 is amended by adding a new entry at the end of the
table for ``26. Murray County 8-hour Ozone Maintenance Plan'' to read
as follows:

Sec. 52.570 Identification of plan.

* * * * *
(e) * * *

EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal date/effective date EPA approval date
provision nonattainment area
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* * * * * * *
26. Murray County 8-hour Ozone Murray County...... June 15, 2007........................ October 16, 2007
Maintenance Plan. [Insert first
page of
publication].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

•
3. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

• 4. In Sec. 81.311, the table entitled ``Georgia-Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Monroe County
(part),'' to read as follows:

Sec. 81.311 Georgia.

* * * * *

Georgia-Ozone
[8-Hour standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Murray Co (Chattahoochee Nat Forest), 11/15/07 Attainment...............................
GA: Murray County (part).
The area enclosed to the east by Murray
County's eastern border, to the north
by latitude of 34.9004 degrees, to the
west by longitude 84.7200 degrees, and
to the south by 34.7040 degrees. All
mountain peaks within the Chattahoochee
National Forest area of Murray County
that have an elevation greater than or
equal to 2,400 feet and that are
enclosed by contour lines that close on
themselves.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

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[FR Doc. E7-20340 Filed 10-15-07; 8:45 am]
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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia: Redesignation of Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for Ozone

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