[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Proposed Rules]
[Pages 79830-79836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28169]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0203; FRL-10510-01-R4]


Air Plan Approval; Georgia; Macon 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), via a letter dated October 20, 2021. The SIP revision includes a 
Limited Maintenance Plan (LMP) for the Macon 1997 8-hour ozone national 
ambient air quality standards (NAAQS) maintenance area (hereinafter 
referred to as the Macon 1997 8-hour Ozone NAAQS Area or Macon Area or 
Area). The Macon 1997 8-hour Ozone NAAQS Area consists of all of Bibb 
County and a portion of Monroe County located in middle Georgia. EPA is 
proposing to approve the Macon Area LMP because it provides for the 
maintenance of the 1997 8-hour ozone NAAQS within the Area through the 
end of the second 10-year portion of the maintenance period. The effect 
of this action would be to make certain commitments related to 
maintenance of the 1997 8-hour ozone NAAQS in the Macon Area federally 
enforceable as part of the Georgia SIP.

DATES: Comments must be received on or before January 27, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0203 at http://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 http://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)

[[Page 79831]]

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

I. Summary of EPA's Proposed Action

    In accordance with the Clean Air Act (CAA or Act), EPA is proposing 
to approve the Macon Area LMP for the 1997 8-hour ozone NAAQS, which 
was adopted by Georgia EPD on October 12, 2021, and submitted to EPA as 
a revision to the Georgia SIP under a letter dated October 20, 2021.\1\ 
The Macon LMP is designed to maintain the 1997 8-hour ozone NAAQS 
within the Macon Area through the end of the second 10-year portion of 
the maintenance period beyond redesignation. As a general matter, the 
Macon Area LMP relies on the same control measures and applicable 
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. EPA is 
proposing to approve the plan because it meets all applicable 
requirements under CAA sections 110 and 175A.
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    \1\ EPA received Georgia's SIP submission on October 20, 2021.
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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 increased 
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), 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).\3\ 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\ In March 2008, EPA completed another review of the primary 
and secondary ozone NAAQS and tightened 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 another review of the 
primary and secondary ozone NAAQS and tightened 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 30, 2004, EPA designated the Macon 1997 
8-hour Ozone NAAQS Area, which consists of all of Bibb County and a 
portion of Monroe County in Georgia, as nonattainment for the 1997 8-
hour ozone NAAQS. The designation became effective on June 15, 2004. 
See 69 FR 23858 (April 30, 2004). Subsequently, in 2007, EPA 
redesignated the Macon 1997 8-hour Ozone NAAQS Area to attainment for 
the 1997 8-hour ozone NAAQS and approved the first maintenance plan 
demonstrating attainment through the initial 10-year period.
    EPA has revised the ozone NAAQS twice since the 1997 standards were 
finalized. On July 20, 2012, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2008 8-hour ozone NAAQS. The Macon 
Area was designated as attainment for that standard with an effective 
date of July 20, 2012. See 77 FR 30088 (May 21, 2012). On November 16, 
2017, EPA designated areas for the 2015 8-hour ozone NAAQS. The Macon 
Area was designated attainment for that standard with an effective date 
of January 16, 2018. See 82 FR 54232 (November 16, 2017).
    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.\4\ 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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    \4\ 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, beginning with a 1992 memo referred to as the 
Calcagni memo. The Calcagni memo \5\ 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

[[Page 79832]]

emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory).\6\ 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 
the area design values \7\ when they 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, or LMP.
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    \5\ 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).
    \6\ See Calcagni memo at 9.
    \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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    EPA is proposing to approve the Macon LMP because Georgia has made 
a showing, consistent with EPA's prior LMP guidance, that the Macon 
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 
State has met the other maintenance plan requirements. Georgia EPD 
submitted this LMP for the Macon Area to fulfill the CAA's second 
maintenance plan requirement. EPA's evaluation of the Macon Area LMP is 
presented in section IV below.
    In June 2007, Georgia EPD submitted to EPA a request to redesignate 
the Macon 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 Macon 1997 8-hour Ozone NAAQS Area through 2018. EPA approved 
Georgia's Macon 1997 8-hour Ozone NAAQS Area maintenance plan and the 
State's request to redesignate the Area to attainment for the 1997 8-
hour ozone NAAQS effective October 19, 2007.\11\
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    \11\ See 72 FR 53432 (September 19, 2007).
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    Section 175A(b) of the CAA requires states to submit 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 one result of the 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, because of 
the revocation of the 1997 8-hour ozone NAAQS, 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 Macon 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 Macon 1997 8-
hour Ozone NAAQS 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 Macon Area. On October 20, 2021, 
Georgia EPD adopted this second 10-year 1997 8-hour ozone maintenance 
plan, and subsequently submitted the Macon 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 on 
October 20, 2021, and state legal authority. The LMP notes that 
Georgia's LMP submittal for the remainder of the 20-year maintenance 
period for the Macon Area is in response to the D.C. Circuit's decision 
overturning aspects of EPA's implementation rule for the 2008 8-hour 
ozone NAAQS. The Macon 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., federal motor vehicle control programs) will continue to be 
implemented in the Macon Area.

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

    EPA has reviewed the Macon Area LMP, which is designed to maintain 
the 1997 8-hour ozone NAAQS within the Macon Area through the end of 
the 20-year period beyond redesignation, as required under CAA section 
175A(b). The following is a more detailed

[[Page 79833]]

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.
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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 precursors to ozone formation. 
The Macon LMP includes an ozone attainment inventory for the Bibb 
County portion and the partial Monroe County portion of the Macon Area 
generated from the data EPA made available from the 2014 National 
Emissions Inventory (NEI) and that Georgia represents as 2014 summer 
tons.\14\ Table 1 presents a summary of the inventory for 2014 
contained in the LMP for the Bibb County portion of the Macon Area. 
Table 2 presents a summary of the inventory for 2014 contained in the 
LMP for the partial Monroe County portion of the Macon Area.
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    \14\ Georgia defines summer tons as the total cumulative 
emissions from May through September.

         Table 1--2014 VOC and NOX Emissions (summer tons) for the Bibb County Portion of the Macon Area
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                                                     Nonpoint      Onroad mobile      Nonroad
                                   Point source       source          source       mobile source       Total
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VOC.............................             509           1,063             841             406           2,819
NOX.............................             899             180           1,492             170           2,741
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                        Table 2--2014 VOC and NOX Emissions (summer tons) for the Partial Monroe County Portion of the Macon Area
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                                                                             Nonpoint      Onroad mobile      Nonroad
                                                           Point source       source          source       mobile source       Fire            Total
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VOC.....................................................             167             225             251             103               9             755
NOX.....................................................           3,160             116             910              25               4           4,215
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    The Attainment Emissions Inventory section of the Macon 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 NEI.\15\ Point source emissions were calculated from data 
collected annually from the sources and reported to the State or local 
air agencies. Nonpoint 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 for these sectors.\16\ 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 for 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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    \15\ Documentation and data for the 2014 NEIv2 can be accessed 
via the following website: http://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
    \16\ EPA developed emissions for these sectors based on AP-42 
emissions factor, 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, EPA proposes to find that the Macon 
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 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.\17\ These criteria are evaluated below.
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    \17\ 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 design value for the Macon 
Area was 0.061 ppm, or 73 percent of the level of the 1997 8-hour ozone 
NAAQS, as measured at the Macon-Forestry monitor located in Bibb 
County, Georgia (AQS ID: 13-021-0012). Based on

[[Page 79834]]

quality assured and certified monitoring data for 2019-2021 (the most 
recent quality assured and certified data), the current the design 
value for the Macon Area is 0.061 ppm, or 73 percent of the level of 
the 1997 8-hour ozone NAAQS, as measured in Bibb County, Georgia (AQS 
ID: 13-021-0012). 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 3 presents the design values for the monitor in the Macon 
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.

                        Table 3--1997 8-Hour Ozone NAAQS Design Values (DV) (ppb) at the Monitoring Site in the Macon 1997 Ozone NAAQS Area for the 2010-2021 Time Period
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                                County (State)/               2008-2010  2009-2011  2010-2012  2011-2013  2012-2014  2013-2015  2014-2016  2015-2017  2016-2018  2017-2019  2018-2020  2019-2021
           Location               tribal land    AQS site ID      DV         DV         DV         DV         DV         DV         DV         DV         DV         DV         DV         DV
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* Macon-Forestry Monitor.....  Bibb County       13-021-0012        73         73         73         71         67         63         65         65         65         64         61         61
                                (Georgia).
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* The ozone monitor located in Bibb County within the Macon 1997 8-hour Ozone NAAQS Area at Macon-Forestry (AQS Site ID 13-021-0012) began operation in 1997 and provided data for the 1997 8-
  hour ozone designation finalized in 2004.

    Therefore, the Macon 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 in the Macon Area, 
adequately provide for the maintenance of the 1997 8-hour ozone NAAQS 
in the Area through the second 10-year maintenance period and beyond.
2. Stability of Ozone Levels
    As discussed above, the Macon Area has maintained air quality below 
the 1997 8-hour ozone NAAQS over the past fifteen design values.\18\ 
Additionally, the design value data shown in Table 3 illustrates that 
ozone levels have been relatively stable over this timeframe, with a 
modest downward trend. For example, the data in Table 3 indicates that 
the largest year-over-year change in design value at any one monitor 
during these twelve design value years was 4 ppb, which occurred 
between the 2013 design value and the 2014 design value and between the 
2014 design value and the 2015 design value, representing approximately 
a 6 percent decrease at monitor 13-021-0012 (Macon-Forestry). At this 
monitor, the design values between the 2016 design value through the 
2018 design value remained steady at 65 ppb. Furthermore, there is an 
overall downward trend in design values for the Macon 1997 8-hour Ozone 
NAAQS 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 Macon Area will not exceed the 
1997 8-hour ozone NAAQS during the second 10-year maintenance period.
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    \18\ The Macon Area has maintained ozone concentrations below 
the 1997 8-hour ozone NAAQS since 2007, when the Area was 
redesignated to attainment. 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. It is important to 
note that the Macon Area was designated nonattainment due to ozone 
concentrations at the monitor located at Macon-Forestry.\19\ Georgia 
operates a network plan that includes the ambient ozone monitoring 
station within the Macon Area. 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 Macon Area.\20\ Separately, Georgia has 
committed to maintaining the monitor within the Macon Area.\21\ Under a 
CAA section 103 grant agreement with EPA, Georgia has operated the 
Macon Area monitoring network since 1997, the year EPA promulgated the 
1997 8-hour ozone NAAQS, and has operated the Macon-Forestry monitor in 
its current location since 2001. EPA provides oversight of Georgia's 
operation of this monitor on an annual basis through normal grant 
monitoring activities.
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    \19\ See 69 FR 23858 (April 30, 2004) for the 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 for the monitoring data 
associated with the designation for the 1997 8-hour ozone NAAQS.
    \20\ 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.
    \21\ See 72 FR 42354 (August 2, 2007).
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    To verify the attainment status of the 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 Macon Area, has been 
approved by EPA in accordance with 40 CFR part 58, and Georgia has 
committed to continue operating of this monitor and to consulting with 
EPA prior to making changes to it. The State also acknowledges the 
obligation to meet monitoring requirements in compliance with 40 CFR 
part 58.\22\ EPA proposes to find that there is an adequate ambient air 
quality monitoring network in the Macon Area to verify continued 
attainment of the 1997 8-hour ozone NAAQS.
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    \22\ See Georgia's October 20, 2021, SIP submittal at page 9.
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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

[[Page 79835]]

prevent future violations of the NAAQS or to promptly remedy any NAAQS 
violations that might occur during the maintenance period.
    The Macon 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 ambient monitoring station located within the Macon Area or 
periodic emissions inventory updates \23\ that reveal excessive or 
unanticipated growth greater than 10 percent in either NOX 
or VOC emissions over the attainment inventory for the Macon Area. The 
Tier II trigger will be any recorded violation of the 1997 8-hour ozone 
NAAQS at the Bibb County ambient monitoring station in the Macon 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 Macon 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.\24\ 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).
---------------------------------------------------------------------------

    \23\ 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.
    \24\ 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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E. Conclusion

    EPA proposes to find that the Macon 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 Macon 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 Macon 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 Macon 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 Macon 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 Regional Transportation Plan 
(RTP) 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 Macon 1997 8-hour Ozone 
NAAQS Area were adequate for transportation conformity purposes. In a 
Federal Register notice dated September 19, 2007, EPA notified the 
public of that finding. See 72 FR 53432. This adequacy determination 
became effective on October 19, 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 
Macon Area. All actions that would require a transportation conformity 
determination for the Macon 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).
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs, and projects. 
Specifically, for such determinations, RTPs, TIPs, and transportation 
projects still will have to demonstrate that they are fiscally 
constrained (40 CFR 93.108) and meet the criteria for consultation (40 
CFR 93.105) and Transportation Control Measure implementation in the 
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot 
requirements for projects (40 CFR 93.116).\25\ Additionally, conformity 
determinations for RTPs and TIPs must be determined no less frequently 
than every four years, and conformity of plan and TIP amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104. In addition, in order for 
projects to be approved they must come from a currently conforming RTP 
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
---------------------------------------------------------------------------

    \25\ A conformity determination that meets other applicable 
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is 
still required, including the hot-spot requirements for projects in 
CO, PM10, and PM2.5 areas.
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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 Macon 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 Macon 
Area LMP because it includes an acceptable update of various elements 
of the 1997 8-hour ozone NAAQS maintenance plan approved by EPA for the 
first 10-year

[[Page 79836]]

period and retains the relevant provisions of the SIP.
    EPA also finds that the Macon Area qualifies for the LMP option and 
that the Macon 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 Macon Area's 1997 8-Hour 
Ozone LMP to be sufficient to provide for maintenance of the 1997 8-
hour ozone NAAQS in the Macon Area over the second 10-year maintenance 
period, through 2027, and thereby satisfies the requirements for such a 
plan under CAA section 175A(b).

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 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 proposed 
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 20, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-28169 Filed 12-27-22; 8:45 am]
BILLING CODE 6560-50-P


