

[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 
(NOX) 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 NOX 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 NOX 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 NOX. 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 (65 
FR 67249, 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]

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. 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
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                                                                     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]

0
3. The authority citation for part 81 continues to read as follows:

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

0
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]

BILLING CODE 6560-50-P
