Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia: Redesignation of Macon, Georgia 8-Hour Ozone Nonattainment Area to Attainment for Ozone, 53432-53436 [E7-17976]
Download as PDF
53432
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
issuing any rule that may result in an
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule would have no
such effect on State, local, or tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for this final rule are 64.201, National
Cemeteries; and 64.202, Procurement of
Headstones and Markers and/or
Presidential Memorial Certificates.
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Veterans.
Approved: August 27, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons stated in the preamble,
the Department of Veterans Affairs
amends 38 CFR part 38 as set forth
below:
I
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38 is
revised to read as follows:
I
Authority: 38 U.S.C. 501(a), 2306, unless
otherwise noted.
2. Revise § 38.630(c) to read as
follows:
I
§ 38.630
Headstones and markers.
yshivers on PROD1PC66 with RULES
*
*
*
*
*
(c) Memorial headstones or markers.
VA will furnish, when requested, a
memorial headstone or marker to
commemorate an eligible individual
whose remains are unavailable. A
Government memorial headstone or
marker for placement in a national
cemetery will be of the standard design
authorized for the cemetery in which it
will be placed. In addition to the
authorized inscription on a Government
memorial headstone or marker, the
phrase ‘‘In Memory Of’’ is mandatory.
(1) Eligible individuals. An eligible
individual for purposes of paragraph (c)
is:
(i) A veteran, which includes an
individual who dies in the active
military, naval, or air service;
(ii) The spouse or surviving spouse of
a veteran, which includes an
unremarried surviving spouse whose
subsequent remarriage was terminated
by death or divorce; or
(iii) An eligible dependent child of a
veteran.
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
(A) A dependent child of a veteran is
eligible if the child is under the age of
21 years, or under the age of 23 years
if pursuing a course of instruction at an
approved educational institution.
(B) A dependent child of a veteran is
also eligible if the child is unmarried
and became permanently physically or
mentally disabled and incapable of selfsupport before reaching the age of 21
years, or before reaching the age of 23
years if pursuing a course of instruction
at an approved educational institution.
(2) Unavailable remains. An
individual’s remains are considered
unavailable if they:
(i) Have not been recovered or
identified;
(ii) Were buried at sea, whether by the
individual’s own choice or otherwise;
(iii) Were donated to science; or
(iv) Were cremated and the ashes
scattered without interment of any
portion of the ashes.
(3) Placement of memorial headstones
or markers. (i) Veterans. A Government
memorial headstone or marker to
commemorate a veteran may be placed
in a national cemetery, in a State
veterans cemetery, or in a private
cemetery.
(ii) Other eligible individuals. A
Government memorial headstone or
marker to commemorate a veteran’s
spouse or surviving spouse, who died
after November 11, 1998, may be placed
in a national cemetery or in a State
veterans cemetery. A Government
memorial headstone or marker to
commemorate a veteran’s dependent
child who died after December 22, 2006,
may be placed in a national cemetery or
in a State veterans cemetery.
(Authority: 38 U.S.C. 2306)
§ 38.631
[Amended]
3. Amend § 38.631 as follows:
I a. In paragraphs (a), (c), (d), and (e),
remove ‘‘marker’’ each place it appears
and add, in its place, ‘‘headstone or
marker’’.
I b. In paragraph (f) remove ‘‘markers’’
and add, in its place, ‘‘headstones or
markers’’.
I c. In paragraph (g) remove ‘‘marker’’
and add, in its place, ‘‘headstone or
marker’’ and remove ‘‘December 31,
2006’’ and add, in its place, ‘‘December
31, 2007’’.
I
(Authority: 38 U.S.C. 2306)
[FR Doc. E7–18503 Filed 9–18–07; 8:45 am]
BILLING CODE 8320–01–P
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2007–0548–200741; FRL–
8466–4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Georgia: Redesignation of
Macon, Georgia 8-Hour Ozone
Nonattainment Area to Attainment for
Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve a request submitted on June 15,
2007, from the State of Georgia, through
the Georgia Environmental Protection
Division (EPD), to redesignate the
Macon 8-hour ozone nonattainment area
to attainment for the 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). The Macon 8-hour ozone area
is comprised of Bibb County, and a
portion of Monroe County located in
middle Georgia (hereafter referred to as
the ‘‘Macon Area’’). EPA’s approval of
the redesignation request is based on the
determination that Georgia has
demonstrated that the Macon Area has
met the criteria for redesignation to
attainment specified in the Clean Air
Act (CAA), including the determination
that the Macon Area has attained the 8hour ozone standard. Additionally, EPA
is approving a revision to the Georgia
State Implementation Plan (SIP)
including the 8-hour ozone maintenance
plan for the Macon Area that contains
the new regional 2020 motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOCs). Through this
action, EPA is also finding the new
regional 2020 MVEBs adequate for the
purposes of transportation conformity.
DATES: Effective Date: This rule will be
effective October 19, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2007–0548. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Ms.
Harder can be reached via telephone
number at (404) 562–9042 or electronic
mail at Harder.Stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews
yshivers on PROD1PC66 with RULES
I. What is the Background for the
Actions?
On June 15, 2007, Georgia, through
EPD, submitted a request to redesignate
the Macon Area to attainment for the 8hour ozone standard, and for EPA
approval of the Georgia SIP revision
containing a maintenance plan for the
Macon Area. In an action published on
August 2, 2007 (72 FR 42354), EPA
proposed to approve the redesignation
of Macon Area to attainment. EPA also
proposed approval of Georgia’s plan for
maintaining the 8-hour NAAQS as a SIP
revision, and proposed to approve the
new regional 2020 MVEBs for the
Macon Area that were contained in the
maintenance plan. In the August 2,
2007, proposed action, EPA also
provided information on the status of its
transportation conformity adequacy
determination for the Macon Area
MVEBs. EPA received no comments on
the August 2, 2007, proposal. This rule
is EPA’s final action following the
August 2, 2007, proposal.
In this action, EPA is also finalizing
its determination that the new regional
MVEBs for the Macon Area are adequate
for transportation conformity purposes.
The new regional MVEBs included in
the maintenance plan area as follows:
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
MACON 2020 MVEBS
[Tons per day]
2020
VOCs ..........................................
NOX ............................................
7.8744
14.7712
EPA’s adequacy public comment period
on these MVEBs began on June 21, 2007,
and closed on July 23, 2007. No
comments were received during EPA’s
adequacy public comment period.
Through this Federal Register
document, EPA is finding the new
regional 2020 MVEBs, as contained in
Georgia’s submittal, adequate. These
MVEBs meet the adequacy criteria
contained in the Transportation
Conformity Rule. The new regional
MVEBs must be used for future
transportation conformity
determinations.
As was discussed in greater detail in
the August 2, 2007, proposal, this
redesignation is for the 8-hour ozone
designations finalized in 2004 (69 FR
23857, April 30, 2007). Various aspects
of EPA’s Phase 1 8-hour ozone
implementation rule were challenged in
court and on December 22, 2006, the
U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit Court)
vacated EPA’s Phase 1 Implementation
Rule for the 8-hour Ozone Standard. (69
FR 23951, April 30, 2004). South Coast
Air Quality Management Dist.
(SCAQMD) v. EPA, 472 F.3d 882 (D.C.
Cir. 2006). On June 8, 2007, in response
to several petitions for rehearing, the
D.C. Circuit Court clarified that the
Phase 1 Rule was vacated only with
regard to those parts of the Rule that had
been successfully challenged. Therefore,
the Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of title I, part
D of the CAA as 8-hour nonattainment
areas, the 8-hour attainment dates and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS, remain effective. The
June 8th decision left intact the Court’s
rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8th
decision affirmed the December 22,
2006, decision that EPA had improperly
failed to retain measures required for 1hour nonattainment areas under the
anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
53433
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for 1-hour severe or extreme
nonattainment areas; and (3) measures
to be implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making
reasonable further progress toward
attainment of the 1-hour NAAQS, or for
failure to attain that NAAQS. The June
8th decision clarified that the Court’s
reference to conformity requirements for
anti-backsliding purposes was limited to
requiring the continued use of 1-hour
MVEBs until 8-hour budgets were
available for 8-hour conformity
determinations, which is already
required under EPA’s conformity
regulations. The Court thus clarified
that 1-hour conformity determinations
are not required for anti-backsliding
purposes.
With respect to the requirement for
transportation conformity under the 1hour standard, the Court in its June 8th
decision clarified that for those areas
with 1-hour MVEBs in their 1-hour
maintenance plans, anti-backsliding
requires only that those 1-hour budgets
must be used for 8-hour conformity
determinations until replaced by 8-hour
budgets. To meet this requirement,
conformity determinations in such areas
must continue to comply with the
applicable requirements of EPA’s
conformity regulations at 40 CFR Part
93. The Macon Area was never
designated nonattainment for the 1-hour
ozone standard and thus does not have
1-hour MVEBs to consider.
For the above reasons, and those set
forth in the August 2, 2007, proposal for
the redesignation of the Macon Area,
EPA does not believe that the Court’s
rulings alter any requirements relevant
to this redesignation action so as to
preclude redesignation, and do not
prevent EPA from finalizing this
redesignation. EPA believes that the
Court’s December 22, 2006, and June 8,
2007, decisions impose no impediment
to moving forward with redesignation of
Macon to attainment. Even in light of
the Court’s decisions, redesignation is
appropriate under the relevant
redesignation provisions of the CAA
and longstanding policies regarding
redesignation requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve
Georgia’s redesignation request and to
change the legal designation of the
Macon Area from nonattainment to
attainment for the 8-hour ozone
NAAQS. The Macon Area is composed
of Bibb County, and a portion of Monroe
County located in middle Georgia. EPA
is also approving Georgia’s 8-hour ozone
E:\FR\FM\19SER1.SGM
19SER1
53434
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
in the proposed rulemaking and
summarized in this rulemaking.
yshivers on PROD1PC66 with RULES
maintenance plan for the Macon Area
(such approval being one of the CAA
criteria for redesignation to attainment
status). The maintenance plan is
designed to help keep the Macon Area
in attainment for the 8-hour ozone
NAAQS through 2020. These approval
actions are based on EPA’s
determination that Georgia has
demonstrated that the Macon Area has
met the criteria for redesignation to
attainment specified in the CAA,
including a demonstration that the
Macon Area has attained the 8-hour
ozone standard. EPA’s analyses of
Georgia’s 8-hour ozone redesignation
request and maintenance plan are
described in detail in the proposed rule
published August 2, 2007 (72 FR
42354).
Consistent with the CAA, the
maintenance plan that EPA is approving
also includes new regional 2020 MVEBs
for NOX and VOCs for the Macon Area.
In this action, EPA is approving these
new regional 2020 MVEBs. For regional
emission analysis years that involve
years prior to 2020, there are no
applicable budgets (for the purpose of
conducting transportation conformity
analyses), so the transportation
conformity partners should consult with
the area’s interagency consultation
group to determine the appropriate
interim tests to use. For regional
emission analysis years that involve the
year 2020 and beyond, the applicable
budgets, for the purpose of conducting
transportation conformity analyses, are
the new regional 2020 MVEBs. In this
action, EPA is also finding adequate and
approving the Macon Area’s new
regional MVEBs for NOX and VOCs.
V. Final Action
After evaluating Georgia’s
redesignation request, EPA is taking
final action to approve the redesignation
and change the legal designation of
Macon, Georgia from nonattainment to
attainment for the 8-hour ozone
NAAQS. Through this action, EPA is
also approving into the Georgia SIP the
8-hour ozone maintenance plan for the
Macon Area, which includes the new
regional 2020 MVEBs of 7.8744 tpd for
VOCs, and 14.7712 tpd for NOX. Within
24 months from the publication date for
this final rule, the Georgia
transportation partners will need to
demonstrate conformity to these new
regional MVEBs pursuant to 40 CFR
93.104(e) as effectively amended by
section 172(c)(2)(E) of the CAA as added
by the Safe, Accountable, Flexible,
Efficient Transportation Equity Act—A
Legacy for Users (SAFETEA–LU), which
was signed into law on August 10, 2005.
III. Why Is EPA Taking These Actions?
EPA has determined that the Macon
Area has attained the 8-hour ozone
standard and has also determined that
Georgia has demonstrated that all other
criteria for the redesignation of the
Macon Area from nonattainment to
attainment of the 8-hour ozone NAAQS
have been met. See, section 107(d)(3)(E)
of the CAA. EPA is also taking final
action to approve the maintenance plan
for the Macon Area as meeting the
requirements of sections 175A and
107(d) of the CAA. Furthermore, EPA is
finding adequate and approving the new
regional 2020 MVEBs contained in
Georgia’s maintenance plan because
these MVEBs are consistent with
maintenance for the Macon Area. In the
August 2, 2007, proposal to redesignate
the Macon Area, EPA described the
applicable criteria for redesignation to
attainment and its analysis of how those
criteria have been met. The rationale for
EPA’s findings and actions is set forth
VI. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
IV. What Are the Effects of These
Actions?
Approval of the redesignation request
changes the legal designation of the
Macon Area for the 8-hour ozone
NAAQS, found at 40 CFR Part 81. The
approval also incorporates into the
Georgia SIP a plan for maintaining the
8-hour ozone NAAQS in the Macon
Area through 2020. The maintenance
plan includes contingency measures to
remedy future violations of the 8-hour
ozone NAAQS, and establishes new
regional MVEBs for the year 2020 for the
Macon Area.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
affects the status of a geographical area,
does not impose any new requirements
on sources or allow a state to avoid
adopting or implementing other
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant and because
the Agency does not have reason to
believe that the rule concerns an
environmental health risk or safety risk
that may disproportionately affect
children.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 19, 2007. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See, section
307(b)(2) of the CAA.)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
53435
Dated: September 4, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
40 CFR part 52 and 81 are amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e) is amended by
adding a new entry ‘‘25’’ at the end of
the table to read as follows:
I
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or nonattainment
area
*
*
25. Macon 8-hour Ozone Maintenance
Plan.
State submittal
date/effective date
*
*
Macon, GA encompassing a portion of
Monroe County.
*
06/15/07
Authority: 42 U.S.C. 7401 et seq.
PART 81—[AMENDED]
4. In § 81.311, the table entitled
‘‘Georgia-Ozone (8-Hour Standard)’’ is
amended by revising the entries for
I
3. The authority citation for part 81
continues to read as follows:
I
EPA approval date
*
*
09/19/07 [Insert first page of publication]
‘‘Bibb County’’ and ‘‘Monroe County
(part),’’ to read as follows:
§ 81.311
*
Georgia.
*
*
*
*
GEORGIA-OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date1
*
*
*
*
Macon, GA: 3
Bibb County ........................................................................................................
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.
yshivers on PROD1PC66 with RULES
*
*
*
Date1
Type
*
10/19/07
10/19/07
*
Type
*
*
*
*
Attainment.
Attainment.
*
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.
*
*
*
*
*
1 This
VerDate Aug<31>2005
16:34 Sep 18, 2007
Jkt 211001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
E:\FR\FM\19SER1.SGM
*
*
*
*
19SER1
53436
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5218; e-mail address:
stanton.susan@epa.gov.
40 CFR Part 180
SUPPLEMENTARY INFORMATION:
[EPA–HQ–OPP–2007–0106; FRL–8147–8]
I. General Information
Pendimethalin; Pesticide Tolerance
A. Does this Action Apply to Me?
Environmental Protection
Agency (EPA).
ACTION: Final rule.
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
[FR Doc. E7–17976 Filed 9–18–07; 8:45 am]
BILLING CODE 6560–50–P
yshivers on PROD1PC66 with RULES
AGENCY:
SUMMARY: This regulation establishes
tolerances for combined residues of
pendimethalin in or on artichoke, globe;
asparagus; brassica head and stem,
subgroup 5-A; and grape. Interregional
Research Project Number 4 requested
these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 19, 2007. Objections and
requests for hearings must be received
on or before November 19, 2007, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0106. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Susan Stanton, Registration Division
VerDate Aug<31>2005
15:05 Sep 18, 2007
Jkt 211001
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–0106 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before November 19, 2007.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit this copy,
identified by docket ID number EPA–
HQ–OPP–2007–0106, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Tolerance
In the Federal Register of April 4,
2007 (72 FR 16352–16356) (FRL–8119–
2), EPA issued a notice pursuant to
section 408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 6E7129) by
Interregional Research Project Number 4
(IR–4), 500 College Road East, Suite
201W, Princeton, NJ 08540. The petition
requested that 40 CFR 180.361 be
amended by establishing tolerances for
combined residues of the herbicide
pendimethalin, N-(1-ethylpropyl)-3,4dimethyl-2,6-dinitrobenzenamine, and
E:\FR\FM\19SER1.SGM
19SER1
Agencies
[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Rules and Regulations]
[Pages 53432-53436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17976]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2007-0548-200741; FRL-8466-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia: Redesignation of
Macon, Georgia 8-Hour Ozone Nonattainment Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve a request submitted on
June 15, 2007, from the State of Georgia, through the Georgia
Environmental Protection Division (EPD), to redesignate the Macon 8-
hour ozone nonattainment area to attainment for the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). The Macon 8-hour ozone
area is comprised of Bibb County, and a portion of Monroe County
located in middle Georgia (hereafter referred to as the ``Macon
Area''). EPA's approval of the redesignation request is based on the
determination that Georgia has demonstrated that the Macon Area has met
the criteria for redesignation to attainment specified in the Clean Air
Act (CAA), including the determination that the Macon Area has attained
the 8-hour ozone standard. Additionally, EPA is approving a revision to
the Georgia State Implementation Plan (SIP) including the 8-hour ozone
maintenance plan for the Macon Area that contains the new regional 2020
motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOCs). Through this
action, EPA is also finding the new regional 2020 MVEBs adequate for
the purposes of transportation conformity.
DATES: Effective Date: This rule will be effective October 19, 2007.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0548. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through
[[Page 53433]]
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Ms. Harder can be reached via
telephone number at (404) 562-9042 or electronic mail at
Harder.Stacy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the Background for the Actions?
On June 15, 2007, Georgia, through EPD, submitted a request to
redesignate the Macon Area to attainment for the 8-hour ozone standard,
and for EPA approval of the Georgia SIP revision containing a
maintenance plan for the Macon Area. In an action published on August
2, 2007 (72 FR 42354), EPA proposed to approve the redesignation of
Macon Area to attainment. EPA also proposed approval of Georgia's plan
for maintaining the 8-hour NAAQS as a SIP revision, and proposed to
approve the new regional 2020 MVEBs for the Macon Area that were
contained in the maintenance plan. In the August 2, 2007, proposed
action, EPA also provided information on the status of its
transportation conformity adequacy determination for the Macon Area
MVEBs. EPA received no comments on the August 2, 2007, proposal. This
rule is EPA's final action following the August 2, 2007, proposal.
In this action, EPA is also finalizing its determination that the
new regional MVEBs for the Macon Area are adequate for transportation
conformity purposes. The new regional MVEBs included in the maintenance
plan area as follows:
Macon 2020 MVEBs
[Tons per day]
------------------------------------------------------------------------
2020
------------------------------------------------------------------------
VOCs........................................................ 7.8744
NOX......................................................... 14.7712
------------------------------------------------------------------------
EPA's adequacy public comment period on these MVEBs began on June 21,
2007, and closed on July 23, 2007. No comments were received during
EPA's adequacy public comment period. Through this Federal Register
document, EPA is finding the new regional 2020 MVEBs, as contained in
Georgia's submittal, adequate. These MVEBs meet the adequacy criteria
contained in the Transportation Conformity Rule. The new regional MVEBs
must be used for future transportation conformity determinations.
As was discussed in greater detail in the August 2, 2007, proposal,
this redesignation is for the 8-hour ozone designations finalized in
2004 (69 FR 23857, April 30, 2007). Various aspects of EPA's Phase 1 8-
hour ozone implementation rule were challenged in court and on December
22, 2006, the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Circuit Court) vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23951, April 30, 2004). South
Coast Air Quality Management Dist. (SCAQMD) v. EPA, 472 F.3d 882 (D.C.
Cir. 2006). On June 8, 2007, in response to several petitions for
rehearing, the D.C. Circuit Court clarified that the Phase 1 Rule was
vacated only with regard to those parts of the Rule that had been
successfully challenged. Therefore, the Phase 1 Rule provisions related
to classifications for areas currently classified under subpart 2 of
title I, part D of the CAA as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS, remain effective. The June 8th
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8th decision affirmed the December
22, 2006, decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain that NAAQS.
The June 8th decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of 1-hour MVEBs until 8-hour budgets were
available for 8-hour conformity determinations, which is already
required under EPA's conformity regulations. The Court thus clarified
that 1-hour conformity determinations are not required for anti-
backsliding purposes.
With respect to the requirement for transportation conformity under
the 1-hour standard, the Court in its June 8th decision clarified that
for those areas with 1-hour MVEBs in their 1-hour maintenance plans,
anti-backsliding requires only that those 1-hour budgets must be used
for 8-hour conformity determinations until replaced by 8-hour budgets.
To meet this requirement, conformity determinations in such areas must
continue to comply with the applicable requirements of EPA's conformity
regulations at 40 CFR Part 93. The Macon Area was never designated
nonattainment for the 1-hour ozone standard and thus does not have 1-
hour MVEBs to consider.
For the above reasons, and those set forth in the August 2, 2007,
proposal for the redesignation of the Macon Area, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006, and June 8, 2007, decisions impose no
impediment to moving forward with redesignation of Macon to attainment.
Even in light of the Court's decisions, redesignation is appropriate
under the relevant redesignation provisions of the CAA and longstanding
policies regarding redesignation requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve Georgia's redesignation
request and to change the legal designation of the Macon Area from
nonattainment to attainment for the 8-hour ozone NAAQS. The Macon Area
is composed of Bibb County, and a portion of Monroe County located in
middle Georgia. EPA is also approving Georgia's 8-hour ozone
[[Page 53434]]
maintenance plan for the Macon Area (such approval being one of the CAA
criteria for redesignation to attainment status). The maintenance plan
is designed to help keep the Macon Area in attainment for the 8-hour
ozone NAAQS through 2020. These approval actions are based on EPA's
determination that Georgia has demonstrated that the Macon Area has met
the criteria for redesignation to attainment specified in the CAA,
including a demonstration that the Macon Area has attained the 8-hour
ozone standard. EPA's analyses of Georgia's 8-hour ozone redesignation
request and maintenance plan are described in detail in the proposed
rule published August 2, 2007 (72 FR 42354).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes new regional 2020 MVEBs for NOX and VOCs for
the Macon Area. In this action, EPA is approving these new regional
2020 MVEBs. For regional emission analysis years that involve years
prior to 2020, there are no applicable budgets (for the purpose of
conducting transportation conformity analyses), so the transportation
conformity partners should consult with the area's interagency
consultation group to determine the appropriate interim tests to use.
For regional emission analysis years that involve the year 2020 and
beyond, the applicable budgets, for the purpose of conducting
transportation conformity analyses, are the new regional 2020 MVEBs. In
this action, EPA is also finding adequate and approving the Macon
Area's new regional MVEBs for NOX and VOCs.
III. Why Is EPA Taking These Actions?
EPA has determined that the Macon Area has attained the 8-hour
ozone standard and has also determined that Georgia has demonstrated
that all other criteria for the redesignation of the Macon Area from
nonattainment to attainment of the 8-hour ozone NAAQS have been met.
See, section 107(d)(3)(E) of the CAA. EPA is also taking final action
to approve the maintenance plan for the Macon Area as meeting the
requirements of sections 175A and 107(d) of the CAA. Furthermore, EPA
is finding adequate and approving the new regional 2020 MVEBs contained
in Georgia's maintenance plan because these MVEBs are consistent with
maintenance for the Macon Area. In the August 2, 2007, proposal to
redesignate the Macon Area, EPA described the applicable criteria for
redesignation to attainment and its analysis of how those criteria have
been met. The rationale for EPA's findings and actions is set forth in
the proposed rulemaking and summarized in this rulemaking.
IV. What Are the Effects of These Actions?
Approval of the redesignation request changes the legal designation
of the Macon Area for the 8-hour ozone NAAQS, found at 40 CFR Part 81.
The approval also incorporates into the Georgia SIP a plan for
maintaining the 8-hour ozone NAAQS in the Macon Area through 2020. The
maintenance plan includes contingency measures to remedy future
violations of the 8-hour ozone NAAQS, and establishes new regional
MVEBs for the year 2020 for the Macon Area.
V. Final Action
After evaluating Georgia's redesignation request, EPA is taking
final action to approve the redesignation and change the legal
designation of Macon, Georgia from nonattainment to attainment for the
8-hour ozone NAAQS. Through this action, EPA is also approving into the
Georgia SIP the 8-hour ozone maintenance plan for the Macon Area, which
includes the new regional 2020 MVEBs of 7.8744 tpd for VOCs, and
14.7712 tpd for NOX. Within 24 months from the publication
date for this final rule, the Georgia transportation partners will need
to demonstrate conformity to these new regional MVEBs pursuant to 40
CFR 93.104(e) as effectively amended by section 172(c)(2)(E) of the CAA
as added by the Safe, Accountable, Flexible, Efficient Transportation
Equity Act--A Legacy for Users (SAFETEA-LU), which was signed into law
on August 10, 2005.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely affects the status of a
geographical area, does not impose any new requirements on sources or
allow a state to avoid adopting or implementing other requirements, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant and because the Agency does not have
reason to believe that the rule concerns an environmental health risk
or safety risk that may disproportionately affect children.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides
[[Page 53435]]
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 19, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See, section 307(b)(2) of the CAA.)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 4, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
40 CFR part 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(e) is amended by adding a new entry ``25'' at the end
of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP provision Applicable geographic or date/effective EPA approval date
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
25. Macon 8-hour Ozone Maintenance Plan Macon, GA encompassing a 06/15/07 09/19/07 [Insert first
portion of Monroe County. page of publication]
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.311, the table entitled ``Georgia-Ozone (8-Hour
Standard)'' is amended by revising the entries for ``Bibb County'' and
``Monroe County (part),'' to read as follows:
Sec. 81.311 Georgia.
* * * * *
Georgia-Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated area --------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Macon, GA: \3\
Bibb County.......................... 10/19/07 Attainment. .............. ..............
Monroe County (part)................. 10/19/07 Attainment. .............. ..............
From the point where Bibb and Monroe
Counties meet at U.S. Hwy 23/Georgia
Hwy 87 follow the Bibb/Monroe County
line westward 150' from the U.S. Hwy
23/Georgia Hwy 87 centerline,
proceed northward 150' west of and
parallel to the U.S. Hwy 23/Georgia
Hwy 87 centerline to 33 degrees, 04
minutes, 30 seconds; proceed
westward to 83 degrees, 49 minutes,
45 seconds; proceed due south to
150' north of the Georgia Hwy 18
centerline, proceed eastward 150'
north of and parallel to the Georgia
Hwy 18 centerline to 1150' west of
the U.S. Hwy 23/Georgia Hwy 87
centerline, proceed southward 1150'
west of and parallel to the U.S. Hwy
23/Georgia Hwy 87 centerline to the
Monroe/Bibb County line; then follow
the Monroe/Bibb County line to 150'
west of the U.S. Hwy 23/Georgia Hwy
87 centerline.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * * * *
\3\ The boundary change is effective October 13, 2006.
* * * * * * *
[[Page 53436]]
[FR Doc. E7-17976 Filed 9-18-07; 8:45 am]
BILLING CODE 6560-50-P