[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78902-78908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27866]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0202; FRL-10511-01-R4]


Air Plan Approval; Georgia; Murray County Area Limited 
Maintenance Plan for the 1997 8-Hour Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 Ozone NAAQS 
Area or Murray County Area or Area). EPA is proposing to approve the 
Murray County Area LMP because it 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. The effect of 
this action would be to make 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: Comments must be received on or before January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0202 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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: 

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. Georgia's SIP Submittal
IV. EPA's Evaluation of Georgia's SIP Submittal
    A. Attainment Emissions Inventory
    B. Maintenance Demonstration
    C. Monitoring Network and Verification of Continued Attainment
    D. Contingency Plan
    E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews

[[Page 78903]]

I. Summary of EPA's Proposed Action

    In accordance with the Clean Air Act (CAA or Act), EPA is proposing 
to approve the LMP for the Murray County 1997 8-hour Ozone NAAQS Area 
submitted by Georgia EPD as a revision to the Georgia SIP on October 
20, 2021. In 2004, the Murray County Area was designated as 
nonattainment for the 1997 8-hour ozone NAAQS, effective June 15, 
2004.\1\ See 69 FR 23857 (April 30, 2004). Subsequently, in 2007, this 
Area was redesignated to attainment for the 1997 8-hour ozone NAAQS 
with EPA's approval of the first maintenance plan demonstrating 
attainment through the initial 10-year period. 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. EPA is proposing to approve 
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 relevant 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.
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    \1\ The Murray County 1997 8-hour Ozone 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 that have an elevation greater than or 
equal to 2,400 feet and that are enclosed by contour lines that 
close on themselves.
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II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and in adults with lung disease. Breathing air containing 
ozone can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma and other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections, increased medication use, 
doctor visits, and emergency department visits, and increased hospital 
admissions for individuals with lung disease. Children are at a higher 
level of risk from exposure to ozone because their lungs are still 
developing and they are more likely to be active outdoors, which 
increases their exposure.\2\
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    \2\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm),\3\ averaged 
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18, 
1997, EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. See 62 FR 38856 (July 18, 1997).\4\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 8-hour ozone NAAQS would be more 
protective of human health, especially for children and adults who are 
active outdoors and for individuals with a pre-existing respiratory 
disease, such as asthma.
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    \3\ 0.12 ppm converts to 120 parts per billion (ppb). 1 ppm = 
1,000 ppb.
    \4\ In March 2008, EPA completed another review of the primary 
and secondary ozone NAAQS and strengthened them further by lowering 
the level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone NAAQS and strengthened them by lowering the 
level for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004, EPA designated the Murray 
County Area as nonattainment for the 1997 8-hour ozone NAAQS. The 
designation became effective on June 15, 2004. See 69 FR 23858 (April 
30, 2004).
    Similarly, on July 20, 2012, EPA designated areas as 
unclassifiable/attainment or nonattainment for the 2008 8-hour ozone 
NAAQS. The Murray County Area was designated as attainment for the 2008 
8-hour ozone standard with an effective date of July 20, 2012. See 77 
FR 30088 (May 21, 2012).
    In addition, on November 16, 2017, EPA designated areas for the 
2015 8-hour ozone NAAQS. The Murray County area was designated as 
attainment/unclassifiable for the 2015 8-hour ozone standard with an 
effective date of January 16, 2018. See 82 FR 54232 (November 16, 2017) 
and 83 FR 25776 (June 4, 2018).
    A state may submit a request to redesignate a nonattainment area 
that is attaining a NAAQS to attainment, and, if the area has met the 
criteria described in section 107(d)(3)(E) of the CAA, EPA may approve 
the redesignation request.\5\ One of the criteria for redesignation is 
for the area to have an approved maintenance plan under CAA section 
175A. The maintenance plan must demonstrate that the area will continue 
to maintain the NAAQS for the period extending ten years after 
redesignation, and it must contain such additional measures as 
necessary to ensure maintenance and such contingency provisions as 
necessary to assure that violations of the NAAQS will be promptly 
corrected. Eight years after the effective date of redesignation, the 
state must also submit a second maintenance plan to ensure ongoing 
maintenance of the NAAQS for an additional ten years pursuant to CAA 
section 175A(b) (i.e., ensuring maintenance for 20 years after 
redesignation).
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    \5\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignating a nonattainment area to attainment. They include 
attainment of the NAAQS, full approval of the applicable SIP 
pursuant to CAA section 110(k), determination that improvement in 
air quality is a result of permanent and enforceable reductions in 
emissions, demonstration that the state has met all applicable 
section 110 and part D requirements, and a fully approved 
maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans. The Calcagni memo \6\ provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that projected future 
emissions of a pollutant and its precursors will not exceed the level 
of emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni memo at 9. EPA clarified in 
three subsequent guidance memos that certain areas can meet the CAA 
section 175A requirement to provide for maintenance by showing that 
they are unlikely to violate the NAAQS in the future, using information 
such as area design values \7\ when they

[[Page 78904]]

are significantly below the standard and have been historically 
stable.\8\ EPA refers to a maintenance plan containing this streamlined 
demonstration as a limited maintenance plan (LMP).
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    \6\ John Calcagni, Director, Air Quality Management Division, 
EPA Office of Air Quality Planning and Standards (OAQPS), 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' September 4, 1992 (Calcagni memo).
    \7\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone area is the 
highest design value of any monitoring site in the area.
    \8\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, OAQPS, dated 
November 16, 1994; `` Limited Maintenance Plan Option for 
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, OAQPS, 
dated October 6, 1995; and ``Limited Maintenance Plan Option for 
Moderate PM10 Nonattainment Areas'' from Lydia Wegman, 
OAQPS, dated August 9, 2001. Copies of these guidance memoranda can 
be found in the docket for this proposed rulemaking.
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    EPA has interpreted CAA section 175A as permitting the LMP option 
because section 175A of the Act does not define how areas may 
demonstrate maintenance, and in EPA's experience implementing the 
various NAAQS, areas that qualify for an LMP and have approved LMPs 
have rarely, if ever, experienced subsequent violations of the NAAQS. 
As noted in the LMP guidance memoranda, states seeking an LMP must 
still submit the other maintenance plan elements outlined in the 
Calcagni memo, including an attainment emissions inventory, provisions 
for the continued operation of the ambient air quality monitoring 
network, verification of continued attainment, and a contingency plan 
in the event of a future violation of the NAAQS. Moreover, a state 
seeking an LMP must still submit its section 175A maintenance plan as a 
revision to its SIP, with all attendant notice and comment procedures. 
While the LMP guidance memoranda were originally written with respect 
to certain NAAQS,\9\ EPA has extended the LMP interpretation of section 
175A to other NAAQS and pollutants not specifically covered by the 
previous guidance memos.\10\
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    \9\ The prior memos addressed: unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment areas for the carbon monoxide (CO) 
NAAQS.
    \10\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the 
second ten-year LMP for the Grant County 1971 SO2 
maintenance area).
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    In this case, EPA is proposing to approve the Murray County LMP 
because Georgia has made a showing, consistent with EPA's prior LMP 
guidance, that the Murray County 1997 8-hour Ozone NAAQS Area's ozone 
concentrations are well below the 1997 8-hour ozone NAAQS and have been 
historically stable and that the Area has met the other maintenance 
plan requirements. Georgia EPD submitted this LMP for the Murray County 
Area to fulfill the CAA's second maintenance plan requirement. EPA's 
evaluation of the Murray County Area LMP is presented in section IV 
below.
    In June of 2007, Georgia EPD submitted to EPA a request to 
redesignate the Murray County 1997 8-hour Ozone NAAQS Area to 
attainment for the 1997 8-hour ozone NAAQS. This submittal contained a 
plan, for inclusion in the Georgia SIP, to provide for maintenance of 
the 1997 8-hour ozone NAAQS in the Area through 2018. EPA approved 
Georgia's Murray County 1997 8-hour Ozone NAAQS Area maintenance plan 
and the State's request to redesignate the Area to attainment effective 
November 15, 2007.\11\
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    \11\ See 72 FR 58538 (October 16, 2007).
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    Section 175A(b) of the CAA requires states to submit a second 10-
year maintenance plan as a revision to the first maintenance plan eight 
years after redesignation to provide for maintenance of the NAAQS for 
ten additional years following the end of the first 10-year period. 
However, EPA's final implementation rule for the 2008 8-hour ozone 
NAAQS revoked the 1997 8-hour ozone NAAQS and stated that a consequence 
of that revocation was that areas that had been redesignated to 
attainment (i.e., maintenance areas) for the 1997 NAAQS no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b).\12\ In South Coast Air Quality Management District v. EPA, the 
United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) vacated EPA's interpretation that second maintenance 
plans were not required for ``orphan maintenance areas'' (i.e., areas 
that had been redesignated to attainment for the 1997 8-hour ozone 
NAAQS (maintenance areas) and were designated attainment for the 2008 
ozone NAAQS). South Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states 
with these ``orphan maintenance areas'' under the 1997 8-hour ozone 
NAAQS must submit maintenance plans for the second maintenance period. 
Accordingly, through a letter dated October 20, 2021, Georgia submitted 
a second maintenance plan covering the Murray County Area that provides 
for attainment of the 1997 8-hour ozone NAAQS through 2027.
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    \12\ See 80 FR 12264, 12315 (March 6, 2015).
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    In recognition of the continuing record of air quality monitoring 
data showing ambient 8-hour ozone concentrations in the Murray County 
Area well below the 1997 8-hour ozone NAAQS, Georgia EPD chose the LMP 
option for the development of its second 1997 8-hour ozone NAAQS 
maintenance plan for the Area. On October 20, 2021, Georgia EPD adopted 
this second 10-year maintenance plan and subsequently submitted the 
Murray County LMP to EPA as a revision to the Georgia SIP.

III. Georgia's SIP Submittal

    Georgia's October 20, 2021, submittal includes the LMP, air quality 
data, a summary of the previous emissions inventory and a conclusion 
regarding future emission levels, and attachments, as well as 
certification of adoption of the plan by Georgia EPD. Attachments to 
the plan include documentation of notice, opportunity for hearing and 
public participation prior to adoption of the plan by Georgia EPD, and 
state legal authority. The LMP notes that Georgia's submittal for the 
remainder of the 20-year maintenance period for the Murray County Area 
is in response to the D.C. Circuit's decision overturning aspects of 
EPA's Implementation Plan rule.
    The Murray County Area LMP does not include any additional 
emissions reduction measures but relies on the same emissions reduction 
strategy as the first 10-year maintenance plan that provides for the 
maintenance of the 1997 8-hour ozone NAAQS through 2018. Prevention of 
significant deterioration (PSD) requirements and control measures 
contained in the SIP will continue to apply, and federal measures 
(e.g., Tier 3 Motor Vehicle Emission and Fuel Standards) will continue 
to be implemented.

IV. EPA's Evaluation of Georgia's SIP Submittal

    EPA has reviewed the Murray County Area LMP, which is designed to 
maintain the 1997 8-hour ozone NAAQS within the Murray County Area 
through the end of the 20-year period beyond redesignation, as required 
under CAA section 175A(b). The following is a more detailed summary of 
EPA's interpretation of the section 175A requirements \13\ and EPA's 
evaluation of how each requirement is met.
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    \13\ See Calcagni memo at 7-13.
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A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOC and 
NOX, as these pollutants are

[[Page 78905]]

precursors to ozone formation. The Murray County LMP also includes an 
ozone attainment inventory for Murray County \14\ generated from the 
data EPA made available from the 2014 National Emissions Inventory 
(NEI) and that Georgia represents as 2014 summer tons.\15\ Table 1 
presents a summary of the inventory for 2014 contained in the LMP.
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    \14\ The Murray County Area is the portion of Murray County that 
consists of all mountain peaks within the Chattahoochee National 
Forest that have an elevation greater than or equal to 2,400 feet 
and that are enclosed by contour lines that close on themselves.
    \15\ Georgia defines summer tons as the total cumulative 
emissions from May through September.
    \16\ The totals represented in the table may be slightly 
different than the inventories in the LMP based on rounding 
convention.

   Table 1--2014 VOC and NOX Emissions (Summer Tons) for Murray County
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                                                               2014
                         Sector                         ----------------
                                                           NOX      VOC
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Fire...................................................        0       0
Nonpoint...............................................       77     224
Nonroad................................................       37      45
Onroad.................................................      260     190
Point..................................................       60      28
                                                        ----------------
  Total \16\...........................................      433     487
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    The Attainment Emissions Inventory section of the Murray County 
Area LMP describes the methods, models, and assumptions used to develop 
the attainment inventory and notes that Georgia EPD relied on version 2 
of the 2014 National Emissions Inventory (NEI) (2014NEIv2) from EPA 
2014 version 7.0 modeling platform.\17\ Area source emissions were 
estimated by multiplying an emission factor by some known indicator of 
collective activity, such as fuel usage, and were estimated on the 
county level. Nonroad mobile source emissions in the 2014NEIv2, in 
part, were estimated using the latest version of the EPA's motor 
vehicles emission model, MOVES (which includes estimates nonroad 
emissions like agriculture, commercial and mining, industrial and 
recreational equipment, and commercial and residential lawn and garden 
equipment). Locomotives, aircraft, and marine nonroad sources are not 
included in MOVES, and Georgia EPD relied on EPA-generated emissions 
data for these sectors.\18\ Onroad mobile sources in the 2014NEIv2 were 
estimated using MOVES and the latest planning assumptions regarding 
vehicle type, vehicle activity, and vehicle speeds to estimate 
vehicular emissions for 2014. Georgia EPD's estimates of vehicle 
emissions reflect emissions inventories and ancillary data files used 
for emissions modeling, as well as the meteorological, initial 
condition, and boundary condition files need to run the air quality 
model.
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    \17\ Documentation and data for the 2014 NEIv2 can be accessed 
via the following website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data. The 2014 
summer emissions data for the Murray County Area are from the EPA 
2014 version 7.0 modeling platform, which is based on the National 
Emissions Inventory (2014 NEI version 2) and are available at 
https://www.epa.gov/sites/default/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.
    \18\ EPA developed emissions data for these sectors based on AP-
42 emissions factors and information supplied by the Eastern 
Regional Technical Advisory Committee for locomotives and Federal 
Aviation Administration's Emissions and Dispersion Modeling System 
(since replaced by the Aviation Environmental Design Tool).
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    Based on our review of the methods, models, and assumptions used by 
Georgia to develop the inventory, as well as our review of the 2014 
summer emissions data, EPA proposes to find that the Murray County 1997 
ozone NAAQS LMP includes a comprehensive, reasonably accurate inventory 
of actual ozone precursor emissions in attainment year 2014, and 
proposes to conclude that this is acceptable for the purposes of a 
subsequent maintenance plan under CAA section 175A(b).

B. Maintenance Demonstration

    The maintenance demonstration requirement is considered to be 
satisfied in a LMP if the state can provide sufficient weight of 
evidence indicating that air quality in the area is well below the 
level of the NAAQS, that past air quality trends have been shown to be 
stable, and that the probability of the area experiencing a violation 
over the second 10-year maintenance period is low.\19\ These criteria 
are evaluated below.
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    \19\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, OAQPS, dated 
November 16, 1994; ``Limited Maintenance Plan Option for 
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, OAQPS, 
dated October 6, 1995; and ``Limited Maintenance Plan Option for 
Moderate PM10 Nonattainment Areas'' from Lydia Wegman, 
OAQPS, dated August 9, 2001. Copies of these guidance memoranda can 
be found in the docket for this proposed rulemaking.
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1. Evaluation of Ozone Concentrations
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, Appendix 
I, the NAAQS is attained if the design value is 0.084 ppm or below. EPA 
evaluated quality assured and certified 2018-2020 monitoring data 
(which was the most recent quality assured and certified data at the 
time of submission) and determined that the 2018-2020 design value for 
the Murray County 1997 8-hour Ozone NAAQS Area was 0.062 ppm, or 74 
percent of the level of the 1997 8-hour ozone NAAQS (measured at the 
Fort Mountain, Cohutta Overlook monitor in Murray County, Georgia (AQS 
ID: 13-213-0003)). Based on quality assured and certified monitoring 
data for 2019-2021 (the most recent quality assured and certified 
data), the current design value for the Murray County 1997 8-hour Ozone 
NAAQS Area is 0.062 ppm, or 74 percent of the level of the 1997 8-hour 
ozone NAAQS (measured at the Fort Mountain, Cohutta Overlook monitor in 
Murray County, Georgia (AQS ID: 13-213-0003)). Consistent with prior 
guidance, EPA believes that if the most recent air quality design value 
for the area is at a level that is well below the NAAQS (e.g., below 85 
percent of the NAAQS, or in this case below 0.071 ppm), then EPA 
considers the state to have met the section 175A requirement for a 
demonstration that the area will maintain the NAAQS for the requisite 
period. Such a demonstration assumes continued applicability of PSD 
requirements and any control measures already in the SIP and that 
Federal measures will remain in place through the end of the second 10-
year maintenance period, absent a showing consistent with section 
110(l) that such measures are not necessary to assure maintenance.
    Table 2 presents the design values for the monitor in the Murray 
County 1997 8-hour Ozone NAAQS Area over the 2010-2021 period. As 
shown, the site has been below the level of the 1997 8-hour ozone NAAQS 
during this time, and the most current design value is below the level 
of 85 percent of the NAAQS, consistent with prior LMP guidance.

[[Page 78906]]



                    Table 2--1997 8-Hour Ozone NAAQS Design Values (DV) (ppb) at the Monitoring Site in the Murray County 1997 Ozone NAAQS Area for the 2010-2021 Time Period
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                                                                                       2008-    2009-    2010-    2011-    2012-    2013-    2014-    2015-    2016-    2017-    2018-    2019-
                Location                  County (state)/tribal land    AQS site ID   2010 DV  2011 DV  2012 DV  2013 DV  2014 DV  2015 DV  2016 DV  2017 DV  2018 DV  2019 DV  2020 DV  2021 DV
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Fort Mountain, Cohutta Overlook Monitor.  Murray County (Georgia)...     13-213-0003       73       71       72       68       66       64       65       65       65       65       62       62
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* The ozone monitor located in the Murray County 1997 8-hour Ozone NAAQS Maintenance Area at Fort Mountain, Cohutta Overlook (AQS Site ID 13-2013-0003) began operation in 1999 and provided
  data for the 1997 8-hour ozone designation finalized in 2004.

Therefore, the Murray County Area is eligible for the LMP option, and 
EPA proposes to find that the long record of monitored ozone 
concentrations that attain the NAAQS, together with the continuation of 
existing VOC and NOX emissions control programs, adequately 
provide for the maintenance of the 1997 8-hour ozone NAAQS in the 
Murray County Area through the second 10-year maintenance period and 
beyond.
2. Stability of Ozone Levels
    As discussed above, the Murray County Area has maintained ozone 
concentrations below the 1997 8-hour ozone NAAQS over the past fifteen 
3-year design value periods.\20\ Additionally, the design value data 
shown in Table 2 illustrates that ozone levels have been relatively 
stable over this timeframe, with a modest downward trend. For example, 
the data in Table 2 indicate that the largest year-over-year change in 
design value at any one monitor during these twelve design value years 
was 0.004 ppm, which occurred between the 2010-2012 design value and 
the 2011-2013 design value, representing approximately a 5 percent 
decrease at monitor 13-213-0013 (Fort Mountain, Cohutta Overlook). At 
this monitor, four design values spanning over six years remained 
steady at 0.065 ppm, which occurred between the 2014-2016 design value 
through 2017-2019 design value. Furthermore, there is an overall 
downward trend in design values for the Murray County Area. This 
downward trend in ozone levels, coupled with the relatively small, 
year-over-year variation in ozone design values, makes it reasonable to 
conclude that the Murray County Area will not exceed the 1997 8-hour 
ozone NAAQS during the second 10-year maintenance period.
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    \20\ The Murray County Area has maintained ozone concentrations 
below the 1997 8-hour ozone NAAQS since 2007 when the Area was 
redesignated to attainment for the 1997 8-hour ozone NAAQS. See Air 
Quality Design Values, Previous Design Value Reports, https://www.epa.gov/air-trends/air-quality-design-values#previous.
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C. Monitoring Network and Verification of Continued Attainment

    EPA periodically reviews the ozone monitoring networks operated and 
maintained by the states in accordance with 40 CFR part 58. The network 
plans, which are submitted annually to EPA, are consistent with the 
ambient air quality monitoring network assessment. The Murray County 
1997 8-hour Ozone NAAQS Area was designated nonattainment due to ozone 
concentrations at the monitor located at Fort Mountain in the 
Chattahoochee National Forest.\21\
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    \21\ See 69 FR 23858 (April 30, 2004) (final designation action 
for the 1997 8-hour ozone NAAQS) and https://www.epa.gov/ground-level-ozone-pollution/1997-ozone-national-ambient-air-quality-standards-naaqs-nonattainment (monitoring data associated with the 
designation for the 1997 8-hour ozone NAAQS).
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    Under a CAA section 103 grant agreement with EPA, Georgia has 
operated this monitor since 1999, following EPA's promulgation of the 
1997 8-hour ozone NAAQS. EPA provides oversight of the State's 
operation of this monitor on an annual basis through normal grant 
monitoring activities. Georgia operates a network plan that includes 
this monitor. The annual network plan developed by Georgia follows a 
public notification and review process. EPA has reviewed and approved 
Georgia's 2021 Ambient Air Monitoring Network Plan (``2021 Annual 
Network Plan''), which addresses the monitor used to determine 
attainment for the Murray County 1997 8-hour Ozone NAAQS Area.\22\ 
Separately, Georgia has committed to maintaining the monitor within the 
Murray County Area.\23\
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    \22\ See October 19, 2021, letter and approval from Caroline 
Freeman, Director, Air and Radiation Division, EPA Region 4 to Karen 
Hays, Chief, Environmental Protection Division, Georgia Department 
of Natural Resources, available in the docket for this proposed 
action.
    \23\ See 72 FR 49679 (August 29, 2007).
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    To verify the attainment status of an area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate EPA-approved monitoring network in 
accordance with 40 CFR part 58. As noted above, Georgia's 2021 Annual 
Network Plan, which covers the monitor within the Murray County Area, 
has been approved by EPA in accordance with 40 CFR part 58, and Georgia 
commits to continuing operation of this monitor and to consulting with 
the EPA prior to making any changes to it. The State also acknowledges 
the obligation to meet monitoring requirements in compliance with 40 
CFR part 58.\24\ EPA proposes to find that there is an adequate ambient 
air quality monitoring network in the Murray County Area to verify 
continued attainment of the 1997 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \24\ See Georgia's October 20, 2021, SIP submittal (available in 
the docket for this proposed rulemaking) at page 11.
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D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. The purpose of such contingency provisions is 
to prevent future violations of the NAAQS or to promptly remedy any 
NAAQS violations that might occur during the maintenance period.
    The Murray County Area LMP contingency plan includes tracking and 
triggering mechanisms to determine when control measures are needed, 
and a process for developing and adopting appropriate control measures. 
There are two potential triggers for the contingency plan. The Tier I 
trigger will be any 8-hour ozone monitoring reading exceeding 84 ppb at 
the Fort Moutain ambient monitoring station located in the Murray 
County Area or periodic emissions inventory updates \25\ that reveal 
excessive or unanticipated growth greater than 10 percent in either 
NOX or VOC emissions over the attainment inventory for the 
Murray County Area. The Tier II trigger will be any recorded violation 
of the 1997 8-hour ozone NAAQS at the Fort Mountain ambient monitoring 
station in

[[Page 78907]]

the Murray County Area. Upon either the Tier I or Tier II triggers 
being activated, Georgia EPD will commence analyses to determine what 
additional measures, if any, will be necessary to attain or maintain 
the ozone standard. If activation of either trigger occurs, the plan 
provides a regulatory adoption process for revising emission control 
strategies. If Georgia's analysis determines that the Murray County 
Area is the source of emissions that contribute to a violation, the 
State will evaluate those measures as specified in section 172 of the 
CAA for control options as well as other available measures. Georgia 
will implement necessary controls as expeditiously as possible, and at 
least one contingency measure will be implemented within 24 months 
after the determination, based on quality-assured ambient data, that a 
violation has occurred. The Georgia EPD will begin initial analysis of 
possible contingency measures within 6 months of the trigger 
occurring.\26\
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    \25\ The Air Emissions Reporting Rule (AERR) requires state and 
local agencies to collect and submit criteria pollutant emissions 
data to EPA's Emissions Inventory System (EIS) according to the 
schedule in 40 CFR 51.30.
    \26\ See the Contingency Plan Section of the LMP for further 
information regarding the contingency plan, including measures that 
Georgia will consider for adoption if any of the triggers are 
activated.
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    EPA proposes to find that the contingency provisions in Georgia's 
second maintenance plan for the 1997 8-hour ozone NAAQS meet the 
requirements of CAA section 175A(d).

E. Conclusion

    EPA proposes to find that the Murray County Area LMP for the 1997 
8-hour ozone NAAQS includes an approvable update of various elements of 
the initial EPA-approved maintenance plan for the 1997 8-hour ozone 
NAAQS. EPA also proposes to find that the Murray County Area qualifies 
for the LMP option and adequately demonstrates maintenance of the 1997 
8-hour ozone NAAQS through the documentation of monitoring data showing 
maximum 1997 8-hour ozone levels well below the NAAQS and historically 
stable design values. EPA believes the Murray County Area LMP, which 
retains existing control measures in the SIP, is sufficient to provide 
for maintenance of the 1997 8-hour ozone NAAQS in the Murray County 
Area over the second maintenance period (i.e., through 2027) and 
thereby satisfies the requirements for such a plan under CAA section 
175A(b). EPA is therefore proposing to approve Georgia's October 20, 
2021, submission of the Murray County Area LMP as a revision to the 
Georgia SIP.

V. Transportation Conformity and General Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B). 
EPA's transportation conformity rule at 40 CFR part 93 subpart A 
requires that transportation plans, programs, and projects conform to 
SIPs and establishes the criteria and procedures for determining 
whether they conform. The conformity rule generally requires a 
demonstration that emissions from the Metropolitan Transportation Plan 
(MTP) and the Transportation Improvement Program (TIP) are consistent 
with the motor vehicles emissions budget (MVEB) contained in the 
control strategy SIP revision or maintenance plan. See 40 CFR 93.101, 
93.118, and 93.124. A MVEB is defined as ``the portion of the total 
allowable emissions defined in the submitted or approved control 
strategy implementation plan revision or maintenance plan for a certain 
date for the purpose of meeting reasonable further progress milestones 
or demonstrating attainment or maintenance of the NAAQS, for any 
criteria pollutant or its precursors, allocated to highway and transit 
vehicle use and emissions.'' See 40 CFR 93.101.
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emissions analysis. See 40 CFR 93.109(e). On October 
16, 2007, EPA made a finding that the MVEBs for the first 10 years of 
the 1997 8-hour ozone maintenance plan for the Murray County 1997 8-
hour Ozone NAAQS Area were adequate for transportation conformity 
purposes. In a Federal Register notice dated August 29, 2007, EPA 
notified the public of that status of that finding. See 72 FR 49679. 
This adequacy determination became effective on November 15, 2007. 
After approval of this LMP or an adequacy finding for this LMP, there 
is no requirement to meet the budget test pursuant to the 
transportation conformity rule for the Murray County Area. All actions 
that would require a transportation conformity determination for the 
Murray County Area under EPA's transportation conformity rule 
provisions are considered to have already satisfied the regional 
emissions analysis and ``budget test'' requirements in 40 CFR 93.118 as 
a result of EPA's adequacy finding for this LMP. See 69 FR 40004 (July 
1, 2004).
    According to 40 CFR 93.101, isolated rural nonattainment and 
maintenance areas are areas that do not contain or are not part of any 
metropolitan planning area as designated under the transportation 
planning regulations. Isolated rural areas do not have Federally 
required MTPs or TIPs and do not have projects that are part of the 
emissions analysis of any metropolitan planning organizations' MTP or 
TIP. Projects in such areas are instead included in the statewide 
transportation improvement program. Murray County is considered an 
isolated rural area. Transportation conformity is done in isolated 
rural areas only when non-exempt Federal Highway/Federal Transit 
projects need funding or approval. Specifically, these areas must 
demonstrate they have met the consultation requirements according to 40 
CFR 93.112; use the latest planning assumptions per 40 CFR 93.110 as it 
relates to information about Transportation Control Measures (TCMs) in 
an approved SIP, as well as ensure the timely implementation of the 
TCMs according to 40 CFR 93.113.

VI. Proposed Action

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, EPA is proposing to approve the Murray County Area LMP for 
the 1997 8-hour ozone NAAQS, submitted by Georgia EPD on October 20, 
2021, as a revision to the Georgia SIP. EPA is proposing to approve 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 and retains the relevant 
provisions of the SIP.
    EPA also finds that the Murray County Area qualifies for the LMP 
option and that the Murray County Area 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 the 
Murray County Area's 1997 8-Hour Ozone LMP to be 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 satisfy the requirements for such a plan under CAA section 
175A(b).

VII. 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 
proposes to

[[Page 78908]]

approve state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this proposed 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 an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     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).
    The SIP 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.

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.

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

    Dated: December 16, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-27866 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P


