Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates, 60429-60435 [E6-17012]

Download as PDF 60429 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations For plans with a valuation date Immediate annuity rate (percent) Rate set On or after * 11–1–06 * * 157 ............................................................ Before 12–1–06 3. In appendix C to part 4022, Rate Set 157, as set forth below, is added to the table. i1 * i2 * 4.00 2.75 i3 n1 n2 * * 4.00 4.00 7 8 Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments ■ * * * * For plans with a valuation date Rate set On or after Before * 11–1–06 * * 157 ............................................................ Deferred annuities (percent) * Immediate annuity rate (percent) 12–1–06 * 2.75 Deferred annuities (percent) i2 i1 * 4.00 i3 n1 n2 * 4.00 * 4.00 7 8 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used to Value Benefits 5. In appendix B to part 4044, a new entry for November 2006, as set forth below, is added to the table. * ■ 4. The authority citation for part 4044 continues to read as follows: ■ * * * * The values of it are: For valuation dates occurring in the month— it * * * * November 2006 ........................................................................................ Issued in Washington, DC, on this 5th day of October 2006. James C. Gerber, Acting Interim Director, Pension Benefit Guaranty Corporation. [FR Doc. E6–16958 Filed 10–12–06; 8:45 am] BILLING CODE 7709–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA OAR–2003–0083; FRL–8231–1] erjones on PROD1PC72 with RULES Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This action corrects the 8hour ozone nonattainment boundary for Monroe County, Georgia by deleting a VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 .0570 for t = * 1–20 highway from the boundary description, and clarifies the 8-hour ozone nonattainment boundary for Murray County, Georgia by adding a boundary description. Monroe County, Georgia is part of the Macon, Georgia 8-hour ozone nonattainment area and a portion of Murray County, Georgia makes up the Murray County (Chattahoochee National Forest Mountains), Georgia 8-hour ozone nonattainment area. The nonattainment boundaries for these two counties were described in EPA’s final 8-hour ozone designations rule which was published in the Federal Register on April 30, 2004. EPA is clarifying the exact location of the 8-hour ozone nonattainment boundary for Murray County by including the precise descriptions of the boundary in the Code of Federal Regulations. In addition, pursuant to Clean Air Act (CAA) section 110(k)(6), EPA is also correcting an error made in identifying the 8-hour ozone nonattainment boundary for Monroe County. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 it for t = it for t = * .0475 * >20 N/A N/A EFFECTIVE DATE: This action is effective: October 13, 2006. ADDRESSES: EPA has established dockets for this action under Docket ID No. EPA OAR–2003–0083 (Designations) and EPA OAR–2003–0090 (Early Action Compacts). All documents in the docket are listed on the 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 in www.regulations.gov Web site or in hard copy at the Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The telephone number for the E:\FR\FM\13OCR1.SGM 13OCR1 60430 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations Public Reading Room is (202) 566–1744, and the telephone number for the Office of Air and Radiation Docket and Information Center is (202) 566–1742. In addition, we have placed a copy of the rule and a variety of materials regarding designations on EPA’s designation Web site at: http://www.epa.gov/oar/oaqps/ glo/designations and on the tribal Web site at: http://www.epa.gov/air/tribal. Materials relevant to Early Action Compact (EAC) areas are on EPA’s Web site at: http://www.epa.gov/ttn/naaqs/ ozone/eac. In addition, the public may inspect the rule and technical support at the following locations: 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. FOR FURTHER INFORMATION CONTACT: Mr. Dick Schutt, 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. The telephone number is (404) 562–9033. Mr. Schutt can also be reached via electronic mail at schutt.dick@epa.gov. SUPPLEMENTARY INFORMATION: On April 30, 2004, (69 FR 23858), EPA published a rule designating and classifying areas for the 8-hour ozone National Ambient Air Quality Standards (NAAQS). That rule designated portions of both Monroe County and Murray County, Georgia, as nonattainment for the 8-hour ozone NAAQS. Those designations appear in 40 CFR 81.311. Today, EPA is clarifying the exact location of the 8-hour ozone nonattainment boundary for Murray County by precisely describing the boundary as was recommended by the State of Georgia and approved by EPA in the April 2004 8-hour ozone designations rulemaking. In addition, pursuant to CAA section 110(k)(6), EPA is correcting an error made in identifying the 8-hour ozone nonattainment boundary for Monroe County. erjones on PROD1PC72 with RULES Murray County In letters dated October 20, 2003, and March 4, 2004, the State of Georgia recommended an 8-hour ozone nonattainment boundary for Murray County, Georgia (Murray County, Chattahoochee National Forest Mountains, Georgia 8-hour ozone nonattainment area) and described the boundary as being ‘‘enclosed to the east by Murray County’s eastern border, to the north by latitude of 34.9004 degrees, to the west by longitude 84.7200 VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 degrees, and to the south by 34.7040 degrees. All mountain peaks within the Chattahoochee National Forest area of Murray County that have an elevation greater than or equal to 2,400 feet and that are enclosed by contour lines that close on themselves.’’ See, Letter from Ron Methier, Georgia Environmental Protection Division, to Kay Prince, EPA Region 4, dated March 4, 2004. EPA concurred with this nonattainment boundary for Murray County, but in our subsequent April 30, 2004, 8-hour ozone designations rulemaking we described the nonattainment boundary only generally as ‘‘Murray Co. (Chattahoochee Nat Forest), GA: Murray County (part).’’ See, 69 FR 23857 (April 30, 2004). The purpose of today’s rule is not to change the Murray County, Georgia, 8hour ozone nonattainment boundary, but to clarify the exact boundary description as recommended by Georgia and concurred upon by EPA as part of the April 30, 2004 8-hour ozone designations rulemaking. Thus, EPA is more clearly describing the Murray County 8-hour ozone nonattainment boundary (found at 40 CFR 81. 311) as: • The area enclosed to the east by Murray County’s eastern border, to the north by latitude of 34.9004 degrees, to the west by longitude 84.7200 degrees, and to the south by 34.7040 degrees. All mountain peaks within the Chattahoochee National Forest area of Murray County that have an elevation greater than or equal to 2,400 feet and that are enclosed by contour lines that close on themselves. Monroe County Monroe County and Bibb County, Georgia make up the Macon, Georgia, 8hour ozone nonattainment area. 69 FR 23857, 23894 (April 30, 2004). Monroe County is adjacent to the core Consolidated Metropolitan Statistical Area (CMSA) county of Bibb and has a large source of nitrogen oxides (NOX) emissions from Georgia Power Company’s Plant Scherer. Based on EPA’s technical analysis in 2004, the portion of Monroe County that contains Plant Scherer was determined to be contributing to the 8-hour ozone violations recorded in Bibb County. In its initial designation recommendation in July 2003, Georgia did not recommend any portion of Monroe County be included as part of the designated 8-hour ozone nonattainment area. In EPA’s December 2003 response to the State’s recommendation, EPA indicated that Monroe County should be included as part of the designated nonattainment area. Just prior to EPA’s signature on the PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 8-hour ozone nonattainment designations on April 15, 2004, EPA’s Office of Air Quality, Planning and Standards (OAQPS) requested that Georgia provide EPA with a boundary description for the Monroe County portion of the Macon, Georgia 8-hour ozone nonattainment area. In response, on April 13, 2004, the State of Georgia submitted a recommended boundary to OAQPS that included Georgia Power’s Plant Scherer and that included the portion of the county that was contiguous to Bibb County. That recommendation included a road—U.S. Hwy 23/Georgia Hwy 87—as part of the recommended area to be designated nonattainment. The April 13, 2004 recommended boundary description read as follows: • From the point where Bibb and Monroe Counties meet at the Ocmulgee River, follow the Ocmulgee River boundary north to 33 degrees, 05 minutes, due west to 83 degrees, 50 minutes, due south to the intersection with Georgia Hwy 18, east along Georgia Hwy 18 to U.S. Hwy 23/Georgia Hwy 87, south on U.S. Hwy 23/Georgia Hwy 87 to the Monroe/Bibb County line, and east to the intersection with the Ocmulgee River. Following EPA’s signature on the 8hour ozone designations rule on April 15, 2004, but just prior to EPA’s announcement of its 8-hour ozone designations on April 30, 2004, the State of Georgia submitted a corrected boundary description for Monroe County (on April 29, 2004). The corrected boundary description was provided to EPA Region 4, rather than OAQPS and continued to be contiguous to Bibb County and continued to include Georgia Power’s Plant Scherer. The correction, however, excluded U.S. Hwy 23/Georgia Hwy 87. The State’s April 29, 2004 corrected boundary description for Monroe County read as follows: • 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 E:\FR\FM\13OCR1.SGM 13OCR1 erjones on PROD1PC72 with RULES Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations the Monroe/Bibb County line to 150′ west of the U.S. Hwy 23/Georgia Hwy 87 centerline. EPA Region 4 reviewed this corrected boundary recommendation at the time it was submitted and agreed with the recommendation, finding that it continued to include Georgia Power’s Plant Scherer and was consistent with EPA’s 11-factor nonattainment boundary guidance. However, at the time EPA Region 4 received Georgia’s corrected boundary description for Monroe County, it was unaware that Georgia had previously provided a different description to OAQPS. In addition, EPA Region 4 believed, erroneously, that Georgia had simultaneously provided its April 29, 2004 corrected boundary description to OAQPS. Yet, Georgia had not provided its boundary correction to OAQPS and as a result, no effort was made by either EPA Region 4 or OAQPS to correct the Monroe County boundary description prior to the June 15, 2004, effective date of designation. EPA is taking action today to correct its error in failing to correct the boundary prior to the area’s effective date of designation. Because the April 29, 2004 letter was submitted in sufficient time for EPA to have corrected the boundary prior to the effective date of designation and such correction was not made due to a breakdown in communication between two EPA offices, EPA is today correcting its error. The corrected boundary description will read as follows: • 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. EPA is making this correction pursuant to the authority of CAA section 110(k)(6). Section 110(k)(6) provides: • ‘‘Whenever the Administrator determines that the Administrator’s action approving, disapproving, or VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 promulgating any plan or plan revision (or part thereof), area designation, redesignation, classification, or reclassification was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation, revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public.’’ As discussed above, the Administrator erroneously allowed the 8-hour ozone area designation for Monroe County, Georgia to become effective without reflecting Georgia’s April 29, 2004 correction of its boundary recommendation. EPA’s recent discovery of this error prompted today’s correction. Public Participation EPA is clarifying the 8-hour ozone nonattainment boundary for Murray County, Georgia without notice and comment in accordance with CAA section 107(d)(2), which exempts the promulgation or announcement of a designation (including boundary determinations) from the notice and comment provisions of the Administrative Procedure Act (APA). In addition, EPA is correcting the 8hour ozone nonattainment boundary for Monroe County, Georgia without notice and comment for several reasons. First, CAA section 110(k)(6) provides that corrections to the promulgation of area designations (including boundary corrections) may be accomplished by the Administrator ‘‘in the same manner’’ as the promulgation. EPA’s April 30, 2004 final 8-hour ozone designations rule was published as a final rule without public notice and comment in accordance with CAA section 107(d)(2), which exempts the promulgation or announcement of a designation (including boundary determinations) from the notice and comment provisions of the Administrative Procedure Act. Further, EPA’s correction of the Monroe County, Georgia, 8-hour ozone nonattainment boundary falls under the ‘‘good cause’’ exemption in APA section 553(b)(3)(B). Section 553(b)(3)(B) provides that, upon finding ‘‘good cause,’’ agencies may dispense with public participation where public notice and comment procedures are impracticable, unnecessary or contrary to the public interest. Public notice and comment for EPA’s correction of the 8hour ozone nonattainment boundary for Monroe County, Georgia, is unnecessary because the correction makes no substantive difference to EPA’s analysis of the designation status of the Macon, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 60431 Georgia, 8-hour nonattainment area, as set out in EPA’s April 30, 2004, final 8hour ozone designations rule (69 FR 23858). In the April 30, 2004 rulemaking, EPA included, as part of the Macon, Georgia, 8-hour ozone nonattainment, the portion of Monroe County that contains Georgia Power’s Plant Scherer because that portion was determined to be contributing to the 8hour ozone violations recorded in Bibb County, Georgia. Today’s correction of the boundary for Monroe County does not impact this prior technical analysis since the boundary continues to include Georgia Power’s Plant Scherer and continues to be consistent with EPA’s 11-factor ozone nonattainment boundary guidance. Finally, EPA can identify no particular reason why the public would be interested in being notified of this correction or in having the opportunity to comment on the correction prior to this action being finalized, since the corrected boundary for Monroe County continues to include Georgia Power’s Plant Scherer and continues to be consistent with EPA’s 11-factor ozone nonattainment boundary guidance. Effective Date EPA also finds that there is good cause under APA section 553(d)(3) for today’s actions to become effective on the date of publication of this final rule. Section 553(d)(3) of the APA allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today’s rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today’s rule merely corrects the 8-hour ozone nonattainment boundary for Monroe County, Georgia, to exclude a highway, and clarifies the 8-hour ozone nonattainment boundary for Murray County, Georgia, by adding a boundary description to 40 CFR part 81. For these reasons, EPA finds good cause under APA section 553(d)(3) for today’s actions to become effective on the date of publication of this final rule. Final Actions EPA is taking two actions today. First, EPA is clarifying the exact location of the 8-hour ozone nonattainment boundary for Murray County by including the boundary that was E:\FR\FM\13OCR1.SGM 13OCR1 60432 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations recommended by the State of Georgia and approved by EPA in the April 2004 ozone designations rulemaking, but that was not included in 40 CFR part 81. Second, pursuant to CAA section 110(k)(6), EPA is also correcting the 8hour ozone nonattainment boundary for Monroe County to reflect Georgia’s April 29, 2004 recommended boundary. Statutory and Executive Order Reviews: erjones on PROD1PC72 with RULES A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), the Agency must determine whether the regulatory action is ‘‘significant’’ and, therefore, subject to the Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Pursuant to the terms of Executive Order 12866, it has been determined that this rule is not a ‘‘significant regulatory action’’ because none of the above factors applies. As such, this final rule was not formally submitted to OMB for review. B. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. This rule only clarifies and corrects the 8-hour nonattainment boundaries for Murray County and Monroe County, Georgia. This rule does not establish any new information collection burden apart from that required by law. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statute unless the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s final rule on small entities, small entity is defined as: (1) A small business that is a small industrial entity as defined in the U.S. Small Business Administration (SBA) size standards. (See 13 CFR 121.); (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated and is not dominant in its field. This rule only clarifies and corrects the 8-hour nonattainment boundaries for Murray County and Monroe County, Georgia. The clarification and correction of these boundaries will not impose any requirements on small entities. After considering the economic impacts of today’s final rule on small entities, I certify that this rule will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to state, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation of why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. Today’s final rule does not include a Federal mandate within the meaning of UMRA that may result in expenditures of $100 million or more in any one year by either state, local, or tribal governments in the aggregate or to the private sector, and therefore, is not subject to the requirements of sections 202 and 205 of the UMRA. It does not create any additional requirements beyond those of the 8-hour NAAQS for ozone (62 FR 38894; July 18, 1997), and therefore, no UMRA analysis is needed. This rule only clarifies and corrects the 8-hour nonattainment boundaries for Murray County and Monroe County, Georgia. EPA believes that any new controls imposed as a result of this rule will not cost in the aggregate $100 million or more annually. Thus, this Federal rule will not impose mandates that will require expenditures of $100 million or more in the aggregate in any one year. E. Executive Order 13132: Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by state E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations erjones on PROD1PC72 with RULES and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that 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.’’ This final rule does not have federalism implications. It will 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. The Clean Air Act establishes the scheme whereby states take the lead in developing plans to meet the NAAQS. This rule will not modify the relationship of the states and EPA for purposes of developing programs to implement the NAAQS. Thus, Executive Order 13132 does not apply to this rule. Although Executive Order 13132 does not apply to this rule, EPA discussed the designation process and compact program with representatives of state and local air pollution control agencies, and tribal governments, as well as the Clean Air Act Advisory Committee, which is also composed of state and local representatives. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This final rule does not have ‘‘tribal implications’’ as specified in Executive Order 13175. This rule only clarifies and corrects the 8-hour ozone nonattainment boundaries for Murray County and Monroe County, Georgia. The Clean Air Act provides for states to develop plans to regulate emissions of air pollutants within their jurisdictions. The Tribal Authority Rule (TAR) gives tribes the opportunity to develop and implement Clean Air Act programs such as programs to attain and maintain the 8-hour ozone NAAQS, but it leaves to the discretion of the tribe whether to develop these programs and which programs, or appropriate elements of a program, they will adopt. This rule only clarifies and corrects the 8-hour ozone nonattainment boundaries VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 for Murray County and Monroe County, Georgia, of which no tribal land is included. This final rule does not have tribal implications as defined by Executive Order 13175. It does not have a substantial direct effect on one or more Indian tribes, since no tribe has implemented a Clean Air Act program to attain the 8-hour ozone NAAQS at this time. Furthermore, this rule does not affect the relationship or distribution of power and responsibilities between the Federal government and Indian tribes. The Clean Air Act and the TAR establish the relationship of the Federal government and tribes in developing plans to attain the NAAQS, and this rule does nothing to modify that relationship. Because this rule does not have tribal implications, Executive Order 13175 does not apply. Although Executive Order 13175 does not apply to this rule, prior to designations action promulgated on April 15, 2004, EPA did outreach to tribal representatives regarding the designations and to inform them about the compact program and its impact on designations. EPA supports a national ‘‘Tribal Designations and Implementation Work Group’’ which provides an open forum for all tribes to voice concerns to EPA about the designation and implementation process for the NAAQS, including the 8-hour ozone standard. These discussions informed EPA about key tribal concerns regarding designations as the rule was under development. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045: ‘‘Protection of Children From Environmental Health and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that (1) is determined to be (economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This final rule is not subject to Executive Order 13045 because it is not economically significant as defined in E.O. 12866, and because the Agency does not have reason to believe the environmental health risks or safety risks addressed by PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 60433 this rule present a disproportionate risk to children. Nonetheless, we have evaluated the environmental health and safety effects of the 8-hour ozone NAAQS on children. The results of this risk assessment are contained in the National Ambient Air Quality Standards for Ozone, Final Rule (62 FR 38855– 38896; specifically, 62 FR 38854, 62 FR 38860 and 62 FR 38865). H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions That Significantly Affect Energy Supply, Distribution, or Use,’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Information on the methodology and data regarding the assessment of potential energy impacts is found in Chapter 6 of U.S. EPA 2002, Cost, Emission Reduction, Energy, and Economic Impact Assessment of the Proposed Rule Establishing the Implementation Framework for the 8Hour, 0.08 ppm Ozone National Ambient Air Quality Standard, prepared by the Innovative Strategies and Economics Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC April 24, 2003. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law No. 104– 113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This rule does not involve technical standards. Therefore, EPA did not consider the use of any VCS. J. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General E:\FR\FM\13OCR1.SGM 13OCR1 60434 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations 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 rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective October 13, 2006. 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 CAA section 307(b)(2).) K. Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 12, 2006. Filing a petition for List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: October 5, 2006. Stephen L. Johnson, Administrator. ■ PART 81—[AMENDED] 1. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. In § 81.311 the table entitled (Georgia—Ozone (8-hour standard) is amended: ■ a. By adding footnote 3 to heading ‘‘Macon, GA:’’, ■ b. Under Macon, GA by revising entries for ‘‘Monroe County (part)’’ and ‘‘Murray Co (Chattahoochee Nat Forest), GA:’’ to read as follows: ■ § 81.311 * * Georgia * * * 40 CFR part 81 is amended as follows: GEORGIA—OZONE (8-HOUR STANDARD) Designation a Category/classification Designated area Date 1 * Macon, GA: 3 * * * * * * Monroe County (part) .............................................................. 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. * * * Murray Co (Chattahoochee Nat Forest), GA: Murray County (part) ............................................................... The area enclosed to the east by Murray County’s eastern border, to the north by latitude of 34.9004 degrees, to the west by longitude 84.7200 degrees, and to the south by 34.7040 degrees. All mountain peaks within the Chattahoochee National Forest area of Murray County that have an elevation greater than or equal to 2,400 feet and that are enclosed by contour lines that close on themselves. * * Type * * * * .................... * Nonattainment ............... * * .................... * .................... * Date 1 Type Nonattainment ............... * * .................... * * a Includes Indian Country located in each county or area, except as otherwise specified. date is June 15, 2004, unless otherwise noted. * * * * * 3 The boundary change is effective October 13, 2006. erjones on PROD1PC72 with RULES 1 This VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM * Subpart 1. 13OCR1 * Subpart 1. * Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations 60435 Background casualty insurance companies to issue and service the NFIP Standard Flood Insurance policies (SFIPs) in their own names. FEMA also uses the services of contractors to process NFIP policy information from the WYO Companies and the agents and to service SFIPs sold directly by FEMA. Contractors are sometimes employed by the WYO Companies to handle and adjust claims. Section 205 of the Bunning-BereuterBlumenauer Flood Insurance Reform Act (FIRA) of 2004 (Pub. L. 108–264 (June 30, 2004), 42 U.S.C. 4011) requires FEMA to establish by regulation a formal process for the appeal of decisions of flood insurance claims issued through the NFIP. On May 26, 2006, FEMA issued an interim rule establishing a formal appeals process and soliciting comments from the public. See 71 FR 30294. The process implemented under the interim rule codifies FEMA’s existing NFIP appeals practice and enables policyholders to formally appeal the decisions of any insurance agent or adjuster, or insurance company, or any FEMA employee or contractor with respect to their SFIP claims, proofs of loss, and loss estimates. Under the formal appeals process, FEMA will acknowledge receipt of a policyholder’s appeal in writing and advise the policyholder if additional information is required in order to fully consider the appeal. FEMA will review the documentation submitted by the policyholder and conduct any necessary additional investigations. FEMA will then advise the policyholder and the appropriate flood insurance carrier of FEMA’s decision regarding the appeal. from filing an appeal under this appeals process. Similarly, this appeals process is not meant to provide an insured with multiple contractual or administrative, pre-litigation remedies. Accordingly, an insured who seeks to resolve issues regarding the actual cash value or, if applicable, replacement cost of damaged property, must elect to resolve this dispute through either the appraisal provision in the SFIP or this appeals process. An insured cannot seek remedy under both processes. Finally, this rule does not amend or change the conditions necessary to recover under the SFIP. In the case of a flood loss to insured property, the insured must comply with the requirements set out in the SFIP; including, but not limited to, providing the insurer with prompt notice of the loss, submitting a valid proof of loss within 60 days after the loss, cooperating with the adjuster, separating damaged and undamaged property so that the insurer may examine it, and preparing an inventory of damaged personal property. See SFIP, 44 CFR Part 61, App. A(1), Part 61, App. A(2), Part 61, App. A(3). This appeals process is available after the issuance of the insurer’s final claim determination, which is the insurer’s written denial, in whole or in part, of the insured’s claim. Once the final claim determination is issued, an insured may appeal any action taken by the insurer, FEMA employee, FEMA contractor, insurance adjuster, or insurance agent. An insured must file an appeal within 60 days after receiving the insurer’s final claim determination. In the face of mounting flood losses and escalating costs of disaster relief to the taxpayers, the National Flood Insurance Program (NFIP) was established by Congress as part of the National Flood Insurance Act of 1968 (the Act). Pub. L. 90–448, Title XII (Aug. 1, 1968), as amended, 42 U.S.C. 4001, et seq. The intent of the NFIP is to reduce future flood damage through community floodplain management ordinances, and to make risk-based flood insurance generally available for property owners. FEMA was designated by Congress to be the administrator of the NFIP. In 1983, FEMA partnered with the private insurance industry to expand the NFIP policy base. This partnership between FEMA and the private sector property insurance companies is termed the Write Your Own (WYO) Program. The WYO Program is a cooperative undertaking between the insurance industry and FEMA. The WYO Program allows participating property and Discussion The Act and the SFIP authorize an insured (or policyholder) who is dissatisfied with an insurer’s decision to deny a claim, in whole, or part, to file a lawsuit in Federal district court for the disallowed portion of the claim, or invoke the appraisal provision of the SFIP (a procedure to resolve disputes regarding the actual value of covered losses). This rule provides a formal appeals process for resolving flood insurance disputes prior to commencement of litigation. The appeals process outlined in this rule does not abolish or replace the right to file a lawsuit against the insurer pursuant to the Act (42 U.S.C. 4072), nor does it expand or change the oneyear statute of limitation to file suit against the insurer for the disallowed portion of the insured’s claim. To avoid potentially conflicting results and duplicative efforts, an insured who files suit against an insurer is prohibited Response to Comments The interim rule requested public comment. FEMA received two written and one oral comment. A summary of the comments received, together with FEMA’s responses, is set forth below. One commenter, U.S. Senator James Bunning, asked that FEMA provide additional information to the public during the appeals process, including stating the grounds for the initial denial of a claim and eventual resolution of any appeal; and identifying a point of contact for claimants so that they can speak with someone at FEMA directly. The Senator also recommended that FEMA provide a timeframe for issuance of a decision on an appeal, as well as what information and documentation should be included in any appeal filed. FEMA agrees with these comments and has amended 44 CFR 62.20 accordingly. Specifically, FEMA agrees to provide the policyholder with a written acknowledgement of the receipt * * * * * [FR Doc. E6–17012 Filed 10–12–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 62 RIN 1660–AA41 National Flood Insurance Program; Appeal of Decisions Relating to Flood Insurance Claims AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. erjones on PROD1PC72 with RULES SUMMARY: This rule amends and finalizes the Federal Emergency Management Agency’s (FEMA’s) May 2006 interim rule establishing an appeals process for National Flood Insurance policyholders as required under section 205 of the BunningBereuter-Blumenauer Flood Insurance Reform Act of 2004. DATES: This final rule is effective November 13, 2006. FOR FURTHER INFORMATION CONTACT: James Shortley, Director of Claims, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3418 (Phone), (202) 646–2818 (facsimile), or James.Shortley@dhs.gov (e-mail). SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Rules and Regulations]
[Pages 60429-60435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17012]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA OAR-2003-0083; FRL-8231-1]


Air Quality Designations and Classifications for the 8-Hour Ozone 
National Ambient Air Quality Standards; Early Action Compact Areas With 
Deferred Effective Dates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action corrects the 8-hour ozone nonattainment boundary 
for Monroe County, Georgia by deleting a highway from the boundary 
description, and clarifies the 8-hour ozone nonattainment boundary for 
Murray County, Georgia by adding a boundary description. Monroe County, 
Georgia is part of the Macon, Georgia 8-hour ozone nonattainment area 
and a portion of Murray County, Georgia makes up the Murray County 
(Chattahoochee National Forest Mountains), Georgia 8-hour ozone 
nonattainment area. The nonattainment boundaries for these two counties 
were described in EPA's final 8-hour ozone designations rule which was 
published in the Federal Register on April 30, 2004. EPA is clarifying 
the exact location of the 8-hour ozone nonattainment boundary for 
Murray County by including the precise descriptions of the boundary in 
the Code of Federal Regulations. In addition, pursuant to Clean Air Act 
(CAA) section 110(k)(6), EPA is also correcting an error made in 
identifying the 8-hour ozone nonattainment boundary for Monroe County.

Effective Date: This action is effective: October 13, 2006.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA OAR-2003-0083 (Designations) and EPA OAR-2003-0090 (Early 
Action Compacts). All documents in the docket are listed on the 
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 in www.regulations.gov Web site or in hard copy at the 
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m. Monday through Friday, excluding legal holidays. The telephone 
number for the

[[Page 60430]]

Public Reading Room is (202) 566-1744, and the telephone number for the 
Office of Air and Radiation Docket and Information Center is (202) 566-
1742. In addition, we have placed a copy of the rule and a variety of 
materials regarding designations on EPA's designation Web site at: 
http://www.epa.gov/oar/oaqps/glo/designations and on the tribal Web 
site at: http://www.epa.gov/air/tribal. Materials relevant to Early 
Action Compact (EAC) areas are on EPA's Web site at: http://
www.epa.gov/ttn/naaqs/ozone/eac. In addition, the public may inspect 
the rule and technical support at the following locations:
    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.

FOR FURTHER INFORMATION CONTACT: Mr. Dick Schutt, 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. The telephone number 
is (404) 562-9033. Mr. Schutt can also be reached via electronic mail 
at schutt.dick@epa.gov.

SUPPLEMENTARY INFORMATION: On April 30, 2004, (69 FR 23858), EPA 
published a rule designating and classifying areas for the 8-hour ozone 
National Ambient Air Quality Standards (NAAQS). That rule designated 
portions of both Monroe County and Murray County, Georgia, as 
nonattainment for the 8-hour ozone NAAQS. Those designations appear in 
40 CFR 81.311. Today, EPA is clarifying the exact location of the 8-
hour ozone nonattainment boundary for Murray County by precisely 
describing the boundary as was recommended by the State of Georgia and 
approved by EPA in the April 2004 8-hour ozone designations rulemaking. 
In addition, pursuant to CAA section 110(k)(6), EPA is correcting an 
error made in identifying the 8-hour ozone nonattainment boundary for 
Monroe County.

Murray County

    In letters dated October 20, 2003, and March 4, 2004, the State of 
Georgia recommended an 8-hour ozone nonattainment boundary for Murray 
County, Georgia (Murray County, Chattahoochee National Forest 
Mountains, Georgia 8-hour ozone nonattainment area) and described the 
boundary as being ``enclosed to the east by Murray County's eastern 
border, to the north by latitude of 34.9004 degrees, to the west by 
longitude 84.7200 degrees, and to the south by 34.7040 degrees. All 
mountain peaks within the Chattahoochee National Forest area of Murray 
County that have an elevation greater than or equal to 2,400 feet and 
that are enclosed by contour lines that close on themselves.'' See, 
Letter from Ron Methier, Georgia Environmental Protection Division, to 
Kay Prince, EPA Region 4, dated March 4, 2004. EPA concurred with this 
nonattainment boundary for Murray County, but in our subsequent April 
30, 2004, 8-hour ozone designations rulemaking we described the 
nonattainment boundary only generally as ``Murray Co. (Chattahoochee 
Nat Forest), GA: Murray County (part).'' See, 69 FR 23857 (April 30, 
2004).
    The purpose of today's rule is not to change the Murray County, 
Georgia, 8-hour ozone nonattainment boundary, but to clarify the exact 
boundary description as recommended by Georgia and concurred upon by 
EPA as part of the April 30, 2004 8-hour ozone designations rulemaking. 
Thus, EPA is more clearly describing the Murray County 8-hour ozone 
nonattainment boundary (found at 40 CFR 81. 311) as:
     The area enclosed to the east by Murray County's eastern 
border, to the north by latitude of 34.9004 degrees, to the west by 
longitude 84.7200 degrees, and to the south by 34.7040 degrees. All 
mountain peaks within the Chattahoochee National Forest area of Murray 
County that have an elevation greater than or equal to 2,400 feet and 
that are enclosed by contour lines that close on themselves.

Monroe County

    Monroe County and Bibb County, Georgia make up the Macon, Georgia, 
8-hour ozone nonattainment area. 69 FR 23857, 23894 (April 30, 2004). 
Monroe County is adjacent to the core Consolidated Metropolitan 
Statistical Area (CMSA) county of Bibb and has a large source of 
nitrogen oxides (NOX) emissions from Georgia Power Company's 
Plant Scherer. Based on EPA's technical analysis in 2004, the portion 
of Monroe County that contains Plant Scherer was determined to be 
contributing to the 8-hour ozone violations recorded in Bibb County.
    In its initial designation recommendation in July 2003, Georgia did 
not recommend any portion of Monroe County be included as part of the 
designated 8-hour ozone nonattainment area. In EPA's December 2003 
response to the State's recommendation, EPA indicated that Monroe 
County should be included as part of the designated nonattainment area. 
Just prior to EPA's signature on the 8-hour ozone nonattainment 
designations on April 15, 2004, EPA's Office of Air Quality, Planning 
and Standards (OAQPS) requested that Georgia provide EPA with a 
boundary description for the Monroe County portion of the Macon, 
Georgia 8-hour ozone nonattainment area. In response, on April 13, 
2004, the State of Georgia submitted a recommended boundary to OAQPS 
that included Georgia Power's Plant Scherer and that included the 
portion of the county that was contiguous to Bibb County. That 
recommendation included a road--U.S. Hwy 23/Georgia Hwy 87--as part of 
the recommended area to be designated nonattainment. The April 13, 2004 
recommended boundary description read as follows:
     From the point where Bibb and Monroe Counties meet at the 
Ocmulgee River, follow the Ocmulgee River boundary north to 33 degrees, 
05 minutes, due west to 83 degrees, 50 minutes, due south to the 
intersection with Georgia Hwy 18, east along Georgia Hwy 18 to U.S. Hwy 
23/Georgia Hwy 87, south on U.S. Hwy 23/Georgia Hwy 87 to the Monroe/
Bibb County line, and east to the intersection with the Ocmulgee River.
    Following EPA's signature on the 8-hour ozone designations rule on 
April 15, 2004, but just prior to EPA's announcement of its 8-hour 
ozone designations on April 30, 2004, the State of Georgia submitted a 
corrected boundary description for Monroe County (on April 29, 2004). 
The corrected boundary description was provided to EPA Region 4, rather 
than OAQPS and continued to be contiguous to Bibb County and continued 
to include Georgia Power's Plant Scherer. The correction, however, 
excluded U.S. Hwy 23/Georgia Hwy 87. The State's April 29, 2004 
corrected boundary description for Monroe County read as follows:
     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

[[Page 60431]]

the Monroe/Bibb County line to 150' west of the U.S. Hwy 23/Georgia Hwy 
87 centerline.
    EPA Region 4 reviewed this corrected boundary recommendation at the 
time it was submitted and agreed with the recommendation, finding that 
it continued to include Georgia Power's Plant Scherer and was 
consistent with EPA's 11-factor nonattainment boundary guidance. 
However, at the time EPA Region 4 received Georgia's corrected boundary 
description for Monroe County, it was unaware that Georgia had 
previously provided a different description to OAQPS. In addition, EPA 
Region 4 believed, erroneously, that Georgia had simultaneously 
provided its April 29, 2004 corrected boundary description to OAQPS. 
Yet, Georgia had not provided its boundary correction to OAQPS and as a 
result, no effort was made by either EPA Region 4 or OAQPS to correct 
the Monroe County boundary description prior to the June 15, 2004, 
effective date of designation.
    EPA is taking action today to correct its error in failing to 
correct the boundary prior to the area's effective date of designation. 
Because the April 29, 2004 letter was submitted in sufficient time for 
EPA to have corrected the boundary prior to the effective date of 
designation and such correction was not made due to a breakdown in 
communication between two EPA offices, EPA is today correcting its 
error. The corrected boundary description will read as follows:
     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.
    EPA is making this correction pursuant to the authority of CAA 
section 110(k)(6). Section 110(k)(6) provides:
     ``Whenever the Administrator determines that the 
Administrator's action approving, disapproving, or promulgating any 
plan or plan revision (or part thereof), area designation, 
redesignation, classification, or reclassification was in error, the 
Administrator may in the same manner as the approval, disapproval, or 
promulgation, revise such action as appropriate without requiring any 
further submission from the State. Such determination and the basis 
thereof shall be provided to the State and public.''
    As discussed above, the Administrator erroneously allowed the 8-
hour ozone area designation for Monroe County, Georgia to become 
effective without reflecting Georgia's April 29, 2004 correction of its 
boundary recommendation. EPA's recent discovery of this error prompted 
today's correction.

Public Participation

    EPA is clarifying the 8-hour ozone nonattainment boundary for 
Murray County, Georgia without notice and comment in accordance with 
CAA section 107(d)(2), which exempts the promulgation or announcement 
of a designation (including boundary determinations) from the notice 
and comment provisions of the Administrative Procedure Act (APA).
    In addition, EPA is correcting the 8-hour ozone nonattainment 
boundary for Monroe County, Georgia without notice and comment for 
several reasons. First, CAA section 110(k)(6) provides that corrections 
to the promulgation of area designations (including boundary 
corrections) may be accomplished by the Administrator ``in the same 
manner'' as the promulgation. EPA's April 30, 2004 final 8-hour ozone 
designations rule was published as a final rule without public notice 
and comment in accordance with CAA section 107(d)(2), which exempts the 
promulgation or announcement of a designation (including boundary 
determinations) from the notice and comment provisions of the 
Administrative Procedure Act. Further, EPA's correction of the Monroe 
County, Georgia, 8-hour ozone nonattainment boundary falls under the 
``good cause'' exemption in APA section 553(b)(3)(B). Section 
553(b)(3)(B) provides that, upon finding ``good cause,'' agencies may 
dispense with public participation where public notice and comment 
procedures are impracticable, unnecessary or contrary to the public 
interest. Public notice and comment for EPA's correction of the 8-hour 
ozone nonattainment boundary for Monroe County, Georgia, is unnecessary 
because the correction makes no substantive difference to EPA's 
analysis of the designation status of the Macon, Georgia, 8-hour 
nonattainment area, as set out in EPA's April 30, 2004, final 8-hour 
ozone designations rule (69 FR 23858). In the April 30, 2004 
rulemaking, EPA included, as part of the Macon, Georgia, 8-hour ozone 
nonattainment, the portion of Monroe County that contains Georgia 
Power's Plant Scherer because that portion was determined to be 
contributing to the 8-hour ozone violations recorded in Bibb County, 
Georgia. Today's correction of the boundary for Monroe County does not 
impact this prior technical analysis since the boundary continues to 
include Georgia Power's Plant Scherer and continues to be consistent 
with EPA's 11-factor ozone nonattainment boundary guidance. Finally, 
EPA can identify no particular reason why the public would be 
interested in being notified of this correction or in having the 
opportunity to comment on the correction prior to this action being 
finalized, since the corrected boundary for Monroe County continues to 
include Georgia Power's Plant Scherer and continues to be consistent 
with EPA's 11-factor ozone nonattainment boundary guidance.

Effective Date

    EPA also finds that there is good cause under APA section 553(d)(3) 
for today's actions to become effective on the date of publication of 
this final rule. Section 553(d)(3) of the APA allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
Today's rule, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. Rather, today's rule merely corrects the 8-hour ozone 
nonattainment boundary for Monroe County, Georgia, to exclude a 
highway, and clarifies the 8-hour ozone nonattainment boundary for 
Murray County, Georgia, by adding a boundary description to 40 CFR part 
81. For these reasons, EPA finds good cause under APA section 553(d)(3) 
for today's actions to become effective on the date of publication of 
this final rule.

Final Actions

    EPA is taking two actions today. First, EPA is clarifying the exact 
location of the 8-hour ozone nonattainment boundary for Murray County 
by including the boundary that was

[[Page 60432]]

recommended by the State of Georgia and approved by EPA in the April 
2004 ozone designations rulemaking, but that was not included in 40 CFR 
part 81. Second, pursuant to CAA section 110(k)(6), EPA is also 
correcting the 8-hour ozone nonattainment boundary for Monroe County to 
reflect Georgia's April 29, 2004 recommended boundary.

Statutory and Executive Order Reviews:

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and, therefore, subject to the Office of Management and Budget (OMB) 
review and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order. Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is not a ``significant regulatory action'' 
because none of the above factors applies. As such, this final rule was 
not formally submitted to OMB for review.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule only clarifies and corrects the 8-hour nonattainment 
boundaries for Murray County and Monroe County, Georgia. This rule does 
not establish any new information collection burden apart from that 
required by law. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the APA or any other 
statute unless the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
today's final rule on small entities, small entity is defined as: (1) A 
small business that is a small industrial entity as defined in the U.S. 
Small Business Administration (SBA) size standards. (See 13 CFR 121.); 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. This rule only clarifies and corrects the 8-hour 
nonattainment boundaries for Murray County and Monroe County, Georgia. 
The clarification and correction of these boundaries will not impose 
any requirements on small entities. After considering the economic 
impacts of today's final rule on small entities, I certify that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. Today's final rule does not include a Federal mandate 
within the meaning of UMRA that may result in expenditures of $100 
million or more in any one year by either state, local, or tribal 
governments in the aggregate or to the private sector, and therefore, 
is not subject to the requirements of sections 202 and 205 of the UMRA. 
It does not create any additional requirements beyond those of the 8-
hour NAAQS for ozone (62 FR 38894; July 18, 1997), and therefore, no 
UMRA analysis is needed. This rule only clarifies and corrects the 8-
hour nonattainment boundaries for Murray County and Monroe County, 
Georgia. EPA believes that any new controls imposed as a result of this 
rule will not cost in the aggregate $100 million or more annually. 
Thus, this Federal rule will not impose mandates that will require 
expenditures of $100 million or more in the aggregate in any one year.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by state

[[Page 60433]]

and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' This final rule does not have federalism implications. It 
will 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. The Clean Air Act 
establishes the scheme whereby states take the lead in developing plans 
to meet the NAAQS. This rule will not modify the relationship of the 
states and EPA for purposes of developing programs to implement the 
NAAQS. Thus, Executive Order 13132 does not apply to this rule. 
Although Executive Order 13132 does not apply to this rule, EPA 
discussed the designation process and compact program with 
representatives of state and local air pollution control agencies, and 
tribal governments, as well as the Clean Air Act Advisory Committee, 
which is also composed of state and local representatives.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
``tribal implications'' as specified in Executive Order 13175. This 
rule only clarifies and corrects the 8-hour ozone nonattainment 
boundaries for Murray County and Monroe County, Georgia. The Clean Air 
Act provides for states to develop plans to regulate emissions of air 
pollutants within their jurisdictions. The Tribal Authority Rule (TAR) 
gives tribes the opportunity to develop and implement Clean Air Act 
programs such as programs to attain and maintain the 8-hour ozone 
NAAQS, but it leaves to the discretion of the tribe whether to develop 
these programs and which programs, or appropriate elements of a 
program, they will adopt. This rule only clarifies and corrects the 8-
hour ozone nonattainment boundaries for Murray County and Monroe 
County, Georgia, of which no tribal land is included. This final rule 
does not have tribal implications as defined by Executive Order 13175. 
It does not have a substantial direct effect on one or more Indian 
tribes, since no tribe has implemented a Clean Air Act program to 
attain the 8-hour ozone NAAQS at this time. Furthermore, this rule does 
not affect the relationship or distribution of power and 
responsibilities between the Federal government and Indian tribes. The 
Clean Air Act and the TAR establish the relationship of the Federal 
government and tribes in developing plans to attain the NAAQS, and this 
rule does nothing to modify that relationship. Because this rule does 
not have tribal implications, Executive Order 13175 does not apply. 
Although Executive Order 13175 does not apply to this rule, prior to 
designations action promulgated on April 15, 2004, EPA did outreach to 
tribal representatives regarding the designations and to inform them 
about the compact program and its impact on designations. EPA supports 
a national ``Tribal Designations and Implementation Work Group'' which 
provides an open forum for all tribes to voice concerns to EPA about 
the designation and implementation process for the NAAQS, including the 
8-hour ozone standard. These discussions informed EPA about key tribal 
concerns regarding designations as the rule was under development.

G. Executive Order 13045: Protection of Children From Environmental 
Health and

Safety Risks

    Executive Order 13045: ``Protection of Children From Environmental 
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any 
rule that (1) is determined to be (economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. This final 
rule is not subject to Executive Order 13045 because it is not 
economically significant as defined in E.O. 12866, and because the 
Agency does not have reason to believe the environmental health risks 
or safety risks addressed by this rule present a disproportionate risk 
to children. Nonetheless, we have evaluated the environmental health 
and safety effects of the 8-hour ozone NAAQS on children. The results 
of this risk assessment are contained in the National Ambient Air 
Quality Standards for Ozone, Final Rule (62 FR 38855-38896; 
specifically, 62 FR 38854, 62 FR 38860 and 62 FR 38865).

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866. Information on the methodology and data 
regarding the assessment of potential energy impacts is found in 
Chapter 6 of U.S. EPA 2002, Cost, Emission Reduction, Energy, and 
Economic Impact Assessment of the Proposed Rule Establishing the 
Implementation Framework for the 8-Hour, 0.08 ppm Ozone National 
Ambient Air Quality Standard, prepared by the Innovative Strategies and 
Economics Group, Office of Air Quality Planning and Standards, Research 
Triangle Park, NC April 24, 2003.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act 
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS. This rule does not involve technical standards. 
Therefore, EPA did not consider the use of any VCS.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General

[[Page 60434]]

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 rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective October 13, 2006.

K. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 12, 2006. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 81

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

    Dated: October 5, 2006.
Stephen L. Johnson,
Administrator.

0
40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

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

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


0
2. In Sec.  81.311 the table entitled (Georgia--Ozone (8-hour standard) 
is amended:
0
a. By adding footnote 3 to heading ``Macon, GA:'',
0
b. Under Macon, GA by revising entries for ``Monroe County (part)'' and 
``Murray Co (Chattahoochee Nat Forest), GA:'' 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\
 
                                                                      * * * * * * *
Monroe County (part)....................  ...........  Nonattainment............................  ...........  Subpart 1.
    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.
 
                                                                      * * * * * * *
Murray Co (Chattahoochee Nat Forest),
 GA:
Murray County (part)....................  ...........  Nonattainment............................  ...........  Subpart 1.
    The area enclosed to the east by
     Murray County's eastern border, to
     the north by latitude of 34.9004
     degrees, to the west by longitude
     84.7200 degrees, and to the south
     by 34.7040 degrees. All mountain
     peaks within the Chattahoochee
     National Forest area of Murray
     County that have an elevation
     greater than or equal to 2,400 feet
     and that are enclosed by contour
     lines that close on themselves.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
 * * * * *
\3\ The boundary change is effective October 13, 2006.


[[Page 60435]]

* * * * *
[FR Doc. E6-17012 Filed 10-12-06; 8:45 am]
BILLING CODE 6560-50-P