Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia: Redesignation of Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for Ozone, 58538-58542 [E7-20340]

Download as PDF 58538 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations EPA.-APPROVED IOWA REGULATIONS—Continued Iowa citation * * 567–22.201 State effective date Title * * Eligibility for Voluntary Operating Permits ...... * * 567–22.300 * * * 04/04/07 * * * 04/04/07 Explanation * 10/16/07 [insert FR page number where the document begins]. * Operating Permit by Rule for Small Sources * EPA approval date * * 10/16/07 [insert FR page number where the document begins]. * * * * Chapter 25—Measurement of Emissions 567–25.1 ..... Testing and Sampling of New and Existing Equipment. * * * * * * * 04/04/07 10/16/07 [insert FR page number where the document begins]. * * * ENVIRONMENTAL PROTECTION AGENCY PART 70—[AMENDED] 40 CFR Parts 52 and 81 3. The authority citation for Part 70 continues to read as follows: I [EPA–R04–OAR–2007–0549–200742; FRL– 8482–4] Authority: 42 U.S.C. 7401 et seq. 4. Appendix A to Part 70 is amended by adding paragraph (i) under ‘‘Iowa’’ to read as follows: I Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * * * * * * Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: * * Iowa * * (i) The Iowa Department of Natural Resources submitted for program approval rules 567–22.105(2), 567–22.106(6), 567– 22.201(2), 567–22.300(3) on April 19, 2007. The state effective date was April 4, 2007. These revisions to the Iowa program are approved effective December 17, 2007. * * * * * [FR Doc. E7–20378 Filed 10–15–07; 8:45 am] pwalker on PROD1PC71 with RULES BILLING CODE 6560–50–P VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia: Redesignation of Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for Ozone 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 Murray County 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Murray County 8-hour nonattainment ozone area is a partial county area, comprised of the portion of Murray County that makes up the Chattahoochee National Forest (Murray County Area). EPA’s approval of the redesignation request is based on the determination that the Murray County Area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Murray County 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 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 * * Murray County Area that contains the new 2018 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs). Through this action, EPA is also finding the 2018 MVEBs adequate for the purposes of transportation conformity. DATES: Effective Date: This rule will be effective November 15, 2007. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2007–0549. 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 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 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, E:\FR\FM\16OCR1.SGM 16OCR1 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 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 Are We 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 the GA EPD, submitted a request to redesignate Murray County to attainment for the 8-hour ozone standard, and for EPA approval of the Georgia SIP revision containing a maintenance plan for the Murray County Area. In an action published on August 29, 2007 (72 FR 49679), EPA proposed to approve the redesignation of Murray County 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 2018 regional MVEBs for the Murray County Area that were contained in the maintenance plan. In the August 29, 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 29, 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 MVEBs included in the maintenance plan are as follows: MURRAY COUNTY 2018 MVEBS [Tons per day] 2018 pwalker on PROD1PC71 with RULES VOCs ......................... NOX ........................... 0.0117 0.0129 EPA’s adequacy public comment period on these MVEBs (as contained in Georgia’s submittal) 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 notice, EPA is finding the 2018 regional MVEBs, as contained in Georgia’s submittal, adequate. These MVEBs meet the adequacy criteria contained in the Transportation Conformity Rule. The VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 new regional MVEBs must be used for future transportation conformity determinations. As was discussed in greater detail in the August 29, 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 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 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 58539 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 Murray County 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 29, 2007, proposal for the redesignation of the Murray County 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 Murray County 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 Murray County Area from nonattainment to attainment for the 8hour ozone NAAQS. The Murray County Area is comprised of the portion of Murray County that makes up the Chattahoochee National Forest. EPA is also approving Georgia’s 8-hour ozone maintenance plan for the Murray County Area (such approval being one of the CAA criteria for redesignation to attainment status). The maintenance plan is designed to help keep Murray County in attainment for the 8-hour ozone NAAQS through 2018. These approval actions are based on EPA’s determination that Georgia has demonstrated that the Murray County Area has met the criteria for redesignation to attainment specified in the CAA, including a demonstration that the Murray County Area has attained the 8-hour ozone standard. EPA’s analyses of Georgia’s 8-hour ozone redesignation request and E:\FR\FM\16OCR1.SGM 16OCR1 58540 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations maintenance plan are described in detail in the proposed rule published August 29, 2007 (72 FR 49679). Consistent with the CAA, the maintenance plan that EPA is approving also includes 2018 regional MVEBs for NOX and VOCs for the Murray County Area. In this action, EPA is approving these 2018 MVEBs. For regional emission analysis years that involve years prior to 2018, 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 2018 and beyond, the applicable budgets, for the purpose of conducting transportation conformity analyses, are the new 2018 MVEBs. In this action, EPA is also finding adequate and approving the Murray County Area’s new regional MVEBs for NOX and VOCs. pwalker on PROD1PC71 with RULES III. Why Are We Taking These Actions? EPA has determined that the Murray County 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 Murray County Area from nonattainment to attainment of the 8hour 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 Murray County as meeting the requirements of sections 175A and 107(d) of the CAA. Furthermore, EPA is finding adequate and approving the new 2018 regional MVEBs contained in Georgia’s maintenance plan because these MVEBs are consistent with maintenance for the Murray County Area. In the August 29, 2007, proposal to redesignate Murray County, 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 final rulemaking. IV. What Are the Effects of These Actions? Approval of the redesignation request changes the legal designation of the Murray County Area, Georgia for the 8hour 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 Murray County through 2018. The maintenance plan includes contingency measures to remedy future violations of VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 the 8-hour ozone NAAQS, and establishes regional MVEBs for the year 2018 for Murray County. V. Final Action After evaluating Georgia’s redesignation request, EPA is taking final action to approve the redesignation and change the legal designation of Murray County, Georgia from nonattainment to attainment for the 8hour ozone NAAQS. Through this action, EPA is also approving into the Georgia SIP the 8-hour ozone maintenance plan for the Murray County Area, which includes the new regional 2018 MVEBs of 0.0117 tpd for VOCs, and 0.0129 tpd for NOX. EPA is also finding adequate and approving the new 2018 regional MVEBs contained in Georgia’s maintenance plan for the Murray County Area. If transportation conformity is implemented in this area, the Georgia transportation partners will need to use these new 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 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\16OCR1.SGM 16OCR1 58541 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 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 December 17, 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 PART 52—[AMENDED] 40 CFR Part 52 1. The authority citation for part 52 continues to read as follows: I Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.570 is amended by adding a new entry at the end of the table for ‘‘26. Murray County 8-hour Ozone Maintenance Plan’’ to read as follows: I 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. § 52.570 Dated: October 4, 2007. Russell L. Wright, Jr., Acting Regional Administrator, Region 4. * Identification of plan. * * (e) * * * * * 40 CFR part 52 and 81 are amended as follows: I EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approval date * * * 26. Murray County 8-hour Ozone Maintenance Plan .... * Murray County ................... * * June 15, 2007 .................... * October 16, 2007 [Insert first page of publication]. Authority: 42 U.S.C. 7401 et seq. PART 81—[AMENDED] 3. The authority citation for part 81 continues to read as follows: I 4. In § 81.311, the table entitled ‘‘Georgia-Ozone (8–Hour Standard)’’ is amended by revising the entry for I ‘‘Monroe County (part),’’ to read as follows: § 81.311 * * Georgia. * * * GEORGIA-OZONE [8-Hour standard] Designation a Category/classification Designated area Date 1 * * * 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 * * * * * 11/15/07 * Date 1 * * Type Attainment. * a Includes pwalker on PROD1PC71 with RULES Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1 58542 * * Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations * * * [FR Doc. E7–20340 Filed 10–15–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 97 [EPA–R05–OAR–2007–0405; FRL–8477–6] Approval of Implementation Plans; Wisconsin; Clean Air Interstate Rule Environmental Protection Agency (EPA). ACTION: Final rule. pwalker on PROD1PC71 with RULES AGENCY: SUMMARY: EPA is partially approving and partially disapproving a revision to the Wisconsin State Implementation Plan (SIP) submitted on June 19, 2007. The Wisconsin SIP revision was proposed for partial approval and partial disapproval on July 30, 2007. No comments were received during the comment period for the proposal. This revision incorporates provisions related to the implementation of EPA’s Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan (FIP) which concerns sulfur dioxide (SO2), oxides of nitrogen (NOX) annual, and NOX ozone season emissions for the State of Wisconsin, promulgated on April 28, 2006, and subsequently revised December 13, 2006. EPA is not making any changes to the CAIR FIP, but is, to the extent EPA approves Wisconsin’s SIP revision, amending the appropriate appendices in the CAIR FIP trading rules simply to note that approval. EPA is approving an abbreviated SIP revision that addresses the methodology to be used to allocate annual and ozone season NOX allowances under the CAIR FIP, except for allowances in the compliance supplement pool. The portions of Wisconsin’s submittal (those associated with the compliance supplement pool and Superior Environmental Performance) that EPA is disapproving are inconsistent with CAIR and/or otherwise inappropriate to include in a CAIR SIP and must, therefore, be disapproved. DATES: This final rule is effective on October 16, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2007–0405. 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, VerDate Aug<31>2005 16:19 Oct 15, 2007 Jkt 214001 i.e., 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 either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Douglas Aburano, Environmental Engineer, at (312) 353–6960, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–6960, aburano.douglas@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. What Action Is EPA Taking? II. Did Anyone Comment on the Proposed Partial Approval and Partial Disapproval? III. What Are the General Requirements of CAIR and the CAIR FIPs? IV. Wisconsin’s CAIR SIP Submittal A. Nature of Wisconsin’s Submittal B. Summary of Wisconsin’s Rules C. NOX Allowance Allocations D. Allocation of Allowances from the Compliance Supplement Pool (CSP) E. Individual Opt-in Units F. Additional Provision Found in Wisconsin’s Abbreviated CAIR SIP Submittal V. Correction of Typographical Error in Proposed Rule VI. Final Action VII. When Is This Action Effective? VIII. Statutory and Executive Order Reviews I. What Action Is EPA Taking? CAIR SIP Partial Approval and Partial Disapproval EPA is partially approving and partially disapproving a revision to Wisconsin’s SIP, submitted on June 19, 2007, which modifies the application of certain provisions of the CAIR FIP concerning SO2, NOX annual and NOX ozone season emissions. (As discussed below, this less comprehensive CAIR SIP is termed an abbreviated SIP.) Wisconsin is subject to the CAIR FIP that implements the CAIR requirements by requiring certain EGUs to participate in the EPA-administered Federal CAIR SO2, NOX annual, and NOX ozone PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 season cap-and-trade programs. The SIP revision provides a methodology for allocating NOX allowances for the NOX annual and NOX ozone season trading programs, instead of the Federal allocation methodology otherwise provided in the FIP. Consistent with the flexibility provided in the FIP, these provisions will be used to replace or supplement, as appropriate, the corresponding provisions in the CAIR FIP for Wisconsin. EPA is not making any changes to the CAIR FIP, but is, to the extent EPA approves Wisconsin’s SIP revision, amending the appropriate appendices in the CAIR FIP trading rules simply to note that approval. EPA is disapproving certain separable provisions of Wisconsin’s submittal. These provisions include NR 432.04 ‘‘compliance supplement pool’’ and NR 432.08 ‘‘superior environmental performance.’’ NR 432.04 includes provisions that are inconsistent with CAIR. NR 432.08 would allow sources to make voluntary reductions beyond state and Federal requirements in exchange for regulatory flexibility. NR 432.04 contains the provisions Wisconsin has adopted for distribution of the CSP. Consistent with the flexibility given to states in the FIP, Wisconsin has chosen to modify the provisions of the CAIR NOX annual FIP concerning the allocation of allowances from the CSP. Wisconsin has chosen to distribute CSP allowances based on early reduction credits or based on the need to avoid undue risk to electric reliability. The first methodology based on early reduction credits essentially mirrors the FIP’s early reduction credit methodology. The description in Wisconsin’s rule of the second methodology based on need is somewhat unclear. EPA interprets the provision to require a demonstration that a unit cannot avoid undue risk to electric reliability if it keeps its emissions in 2009 from exceeding its 2009 allowance allocation. Even if the unit could obtain additional allowances to cover emissions above its allocation, and thereby comply with the requirement to hold allowances covering emissions, the unit would still be eligible for CSP allowances. In contrast, EPA’s CSP provisions in the model rule, the FIP, and CAIR require a demonstration that, without being given CSP allowances, a unit cannot avoid undue risk while keeping its 2009 emissions from exceeding all the allowances it holds, both its 2009 allowance allocations and other allowances it can obtain for compliance. Thus, Wisconsin’s provision is inconsistent with EPA’s CSP provisions. Moreover, since Wisconsin’s entire CSP E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Rules and Regulations]
[Pages 58538-58542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

 [EPA-R04-OAR-2007-0549-200742; FRL-8482-4]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Georgia: Redesignation of 
Murray County, GA, 8-Hour Ozone Nonattainment Area to Attainment for 
Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a request submitted on 
June 15, 2007, from the State of Georgia, through the Georgia 
Environmental Protection Division (EPD), to redesignate the Murray 
County 8-hour ozone nonattainment area to attainment for the 8-hour 
ozone National Ambient Air Quality Standard (NAAQS). The Murray County 
8-hour nonattainment ozone area is a partial county area, comprised of 
the portion of Murray County that makes up the Chattahoochee National 
Forest (Murray County Area). EPA's approval of the redesignation 
request is based on the determination that the Murray County Area has 
met the criteria for redesignation to attainment set forth in the Clean 
Air Act (CAA), including the determination that the Murray County 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 Murray County Area that contains 
the new 2018 motor vehicle emission budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOCs). Through this 
action, EPA is also finding the 2018 MVEBs adequate for the purposes of 
transportation conformity.

DATES: Effective Date: This rule will be effective November 15, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2007-0549. 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 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 a.m. to 4:30 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development 
Section, Air Planning Branch, Air,

[[Page 58539]]

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 Are We 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 the GA EPD, submitted a request 
to redesignate Murray County to attainment for the 8-hour ozone 
standard, and for EPA approval of the Georgia SIP revision containing a 
maintenance plan for the Murray County Area. In an action published on 
August 29, 2007 (72 FR 49679), EPA proposed to approve the 
redesignation of Murray County 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 2018 regional MVEBs for the 
Murray County Area that were contained in the maintenance plan. In the 
August 29, 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 29, 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 MVEBs included in the maintenance plan are as 
follows:

                        Murray County 2018 MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                        2018
------------------------------------------------------------------------
VOCs......................................  0.0117
NOX.......................................  0.0129
------------------------------------------------------------------------

    EPA's adequacy public comment period on these MVEBs (as contained 
in Georgia's submittal) 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 notice, EPA is finding the 2018 
regional 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 29, 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 Murray County 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 29, 2007, 
proposal for the redesignation of the Murray County 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 Murray County 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 Murray County Area 
from nonattainment to attainment for the 8-hour ozone NAAQS. The Murray 
County Area is comprised of the portion of Murray County that makes up 
the Chattahoochee National Forest. EPA is also approving Georgia's 8-
hour ozone maintenance plan for the Murray County Area (such approval 
being one of the CAA criteria for redesignation to attainment status). 
The maintenance plan is designed to help keep Murray County in 
attainment for the 8-hour ozone NAAQS through 2018. These approval 
actions are based on EPA's determination that Georgia has demonstrated 
that the Murray County Area has met the criteria for redesignation to 
attainment specified in the CAA, including a demonstration that the 
Murray County Area has attained the 8-hour ozone standard. EPA's 
analyses of Georgia's 8-hour ozone redesignation request and

[[Page 58540]]

maintenance plan are described in detail in the proposed rule published 
August 29, 2007 (72 FR 49679).
    Consistent with the CAA, the maintenance plan that EPA is approving 
also includes 2018 regional MVEBs for NOX and VOCs for the 
Murray County Area. In this action, EPA is approving these 2018 MVEBs. 
For regional emission analysis years that involve years prior to 2018, 
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 2018 and beyond, the 
applicable budgets, for the purpose of conducting transportation 
conformity analyses, are the new 2018 MVEBs. In this action, EPA is 
also finding adequate and approving the Murray County Area's new 
regional MVEBs for NOX and VOCs.

III. Why Are We Taking These Actions?

    EPA has determined that the Murray County 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 
Murray County 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 Murray County 
as meeting the requirements of sections 175A and 107(d) of the CAA. 
Furthermore, EPA is finding adequate and approving the new 2018 
regional MVEBs contained in Georgia's maintenance plan because these 
MVEBs are consistent with maintenance for the Murray County Area. In 
the August 29, 2007, proposal to redesignate Murray County, 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 final rulemaking.

IV. What Are the Effects of These Actions?

    Approval of the redesignation request changes the legal designation 
of the Murray County Area, Georgia 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 Murray County through 
2018. The maintenance plan includes contingency measures to remedy 
future violations of the 8-hour ozone NAAQS, and establishes regional 
MVEBs for the year 2018 for Murray County.

V. Final Action

    After evaluating Georgia's redesignation request, EPA is taking 
final action to approve the redesignation and change the legal 
designation of Murray County, 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 Murray 
County Area, which includes the new regional 2018 MVEBs of 0.0117 tpd 
for VOCs, and 0.0129 tpd for NOX. EPA is also finding 
adequate and approving the new 2018 regional MVEBs contained in 
Georgia's maintenance plan for the Murray County Area. If 
transportation conformity is implemented in this area, the Georgia 
transportation partners will need to use these new 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 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

[[Page 58541]]

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 December 17, 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: October 4, 2007.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.

0
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 is amended by adding a new entry at the end of the 
table for ``26. Murray County 8-hour Ozone Maintenance Plan'' to read 
as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable
    Name of nonregulatory SIP        geographic or      State submittal date/effective date    EPA approval date
            provision              nonattainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26. Murray County 8-hour Ozone    Murray County......  June 15, 2007........................  October 16, 2007
 Maintenance Plan.                                                                             [Insert first
                                                                                               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 entry for ``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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Murray Co (Chattahoochee Nat Forest),        11/15/07  Attainment...............................
 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.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


[[Page 58542]]

* * * * *
 [FR Doc. E7-20340 Filed 10-15-07; 8:45 am]
BILLING CODE 6560-50-P
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