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

[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Rules and Regulations]
[Page 53432-53436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-10]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2007-0548-200741; FRL-8466-4]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia: Redesignation of
Macon, Georgia 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 Macon 8-
hour ozone nonattainment area to attainment for the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). The Macon 8-hour ozone
area is comprised of Bibb County, and a portion of Monroe County
located in middle Georgia (hereafter referred to as the ``Macon
Area''). EPA's approval of the redesignation request is based on the
determination that Georgia has demonstrated that the Macon Area has met
the criteria for redesignation to attainment specified in the Clean Air
Act (CAA), including the determination that the Macon 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 Macon Area that contains the new regional 2020
motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NO_X) and volatile organic compounds (VOCs). Through this
action, EPA is also finding the new regional 2020 MVEBs adequate for
the purposes of transportation conformity.

DATES: Effective Date: This rule will be effective October 19, 2007.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0548. 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

[[Page 53433]]

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 to 4:30,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, 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 Is EPA 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 EPD, submitted a request to
redesignate the Macon Area to attainment for the 8-hour ozone standard,
and for EPA approval of the Georgia SIP revision containing a
maintenance plan for the Macon Area. In an action published on August
2, 2007 (72 FR 42354), EPA proposed to approve the redesignation of
Macon Area 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 new regional 2020 MVEBs for the Macon Area that were
contained in the maintenance plan. In the August 2, 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 2, 2007, proposal. This
rule is EPA's final action following the August 2, 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 new regional MVEBs included in the maintenance
plan area as follows:

Macon 2020 MVEBs
[Tons per day]
------------------------------------------------------------------------
2020
------------------------------------------------------------------------
VOCs........................................................ 7.8744
NOX......................................................... 14.7712
------------------------------------------------------------------------

EPA's adequacy public comment period on these MVEBs 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
document, EPA is finding the new regional 2020 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 2, 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 Macon 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 2, 2007,
proposal for the redesignation of the Macon 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 Macon 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 Macon Area from
nonattainment to attainment for the 8-hour ozone NAAQS. The Macon Area
is composed of Bibb County, and a portion of Monroe County located in
middle Georgia. EPA is also approving Georgia's 8-hour ozone

[[Page 53434]]

maintenance plan for the Macon Area (such approval being one of the CAA
criteria for redesignation to attainment status). The maintenance plan
is designed to help keep the Macon Area in attainment for the 8-hour
ozone NAAQS through 2020. These approval actions are based on EPA's
determination that Georgia has demonstrated that the Macon Area has met
the criteria for redesignation to attainment specified in the CAA,
including a demonstration that the Macon Area has attained the 8-hour
ozone standard. EPA's analyses of Georgia's 8-hour ozone redesignation
request and maintenance plan are described in detail in the proposed
rule published August 2, 2007 (72 FR 42354).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes new regional 2020 MVEBs for NO_X and VOCs for
the Macon Area. In this action, EPA is approving these new regional
2020 MVEBs. For regional emission analysis years that involve years
prior to 2020, 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 2020 and
beyond, the applicable budgets, for the purpose of conducting
transportation conformity analyses, are the new regional 2020 MVEBs. In
this action, EPA is also finding adequate and approving the Macon
Area's new regional MVEBs for NO_X and VOCs.

III. Why Is EPA Taking These Actions?

EPA has determined that the Macon 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 Macon 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 the Macon Area as meeting the
requirements of sections 175A and 107(d) of the CAA. Furthermore, EPA
is finding adequate and approving the new regional 2020 MVEBs contained
in Georgia's maintenance plan because these MVEBs are consistent with
maintenance for the Macon Area. In the August 2, 2007, proposal to
redesignate the Macon Area, 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 rulemaking.

IV. What Are the Effects of These Actions?

Approval of the redesignation request changes the legal designation
of the Macon Area 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 the Macon Area through 2020. The
maintenance plan includes contingency measures to remedy future
violations of the 8-hour ozone NAAQS, and establishes new regional
MVEBs for the year 2020 for the Macon Area.

V. Final Action

After evaluating Georgia's redesignation request, EPA is taking
final action to approve the redesignation and change the legal
designation of Macon, 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 Macon Area, which
includes the new regional 2020 MVEBs of 7.8744 tpd for VOCs, and
14.7712 tpd for NO_X. Within 24 months from the publication
date for this final rule, the Georgia transportation partners will need
to demonstrate conformity to these new regional 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

[[Page 53435]]

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 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 November 19, 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: September 4, 2007.
J.I. Palmer, Jr.,
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(e) is amended by adding a new entry ``25'' at the end
of the table to read as follows:

Sec. 52.570 Identification of plan.

* * * * *
(e) * * *

EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP provision Applicable geographic or date/effective EPA approval date
nonattainment area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
25. Macon 8-hour Ozone Maintenance Plan Macon, GA encompassing a 06/15/07 09/19/07 [Insert first
portion of Monroe County. 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 entries for ``Bibb County'' and
``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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Macon, GA: \3\
Bibb County.......................... 10/19/07 Attainment. .............. ..............
Monroe County (part)................. 10/19/07 Attainment. .............. ..............
From the point where Bibb and Monroe
Counties meet at U.S. Hwy 23/Georgia
Hwy 87 follow the Bibb/Monroe County
line westward 150' from the U.S. Hwy
23/Georgia Hwy 87 centerline,
proceed northward 150' west of and
parallel to the U.S. Hwy 23/Georgia
Hwy 87 centerline to 33 degrees, 04
minutes, 30 seconds; proceed
westward to 83 degrees, 49 minutes,
45 seconds; proceed due south to
150' north of the Georgia Hwy 18
centerline, proceed eastward 150'
north of and parallel to the Georgia
Hwy 18 centerline to 1150' west of
the U.S. Hwy 23/Georgia Hwy 87
centerline, proceed southward 1150'
west of and parallel to the U.S. Hwy
23/Georgia Hwy 87 centerline to the
Monroe/Bibb County line; then follow
the Monroe/Bibb County line to 150'
west of the U.S. Hwy 23/Georgia Hwy
87 centerline.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * * * *
\3\ The boundary change is effective October 13, 2006.
* * * * * * *

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[FR Doc. E7-17976 Filed 9-18-07; 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 Macon, Georgia 8-Hour Ozone Nonattainment Area to Attainment for Ozone

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