Air Plan Approval; Georgia; Macon Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 14278-14280 [2023-04505]
Download as PDF
<![CDATA[
14278
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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 action 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 May 8, 2023. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: February 28, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2219
Conditional approval.
*
*
*
*
*
(b) Tennessee submitted a sourcespecific SIP revision to EPA on August
11, 2021, regarding the Eastman
Chemical Company’s Kingsport,
Tennessee facility, along with a
commitment to modify the provisions at
Tennessee Air Pollution Control
Regulation 1200–03–27.12(11) to specify
allowable non-Part 75 permissible
alternative monitoring and reporting
methodologies for large industrial nonEGUs subject to the NOX SIP Call. EPA
conditionally approved the August 11,
2021, SIP revision in an action
published in the Federal Register on
March 8, 2023. If Tennessee fails to
meet its commitment by March 8, 2024,
the conditional approval will become a
disapproval on March 8, 2024.
3. In § 52.2220, add an entry for
‘‘Eastman Chemical Company’’ at the
end of the table in paragraph (d) to read
as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.2220
Subpart RR—Tennessee
*
2. In § 52.2219, add paragraph (b) to
read as follows:
■
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit No.
*
Eastman Chemical
Company.
*
*
*
State effective
date
EPA approval date
*
8/11/2021
*
3/8/2023, [Insert citation of publication].
*
077509
*
*
[FR Doc. 2023–04504 Filed 3–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0203; FRL–10510–
02–R4]
lotter on DSK11XQN23PROD with RULES1
Air Plan Approval; Georgia; Macon
Area Limited Maintenance Plan for the
1997 8-Hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
SUMMARY:
VerDate Sep<11>2014
15:51 Mar 07, 2023
Jkt 259001
Explanation
*
*
*
Conditional approval based on TDEC’s commitment to
modify the provisions at Chapter 1200–03–27.12(11) to
specify allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs subject to the NOX SIP Call.
a state implementation plan (SIP)
revision submitted by the State of
Georgia, through the Georgia
Environmental Protection Division
(EPD), on October 20, 2021. The SIP
revision includes the Limited
Maintenance Plan (LMP) for the Macon
1997 8-hour ozone national ambient air
quality standards (NAAQS)
maintenance area (hereinafter referred
to as the Macon 1997 8-hour Ozone
NAAQS Area or Macon Area or Area).
The Macon 1997 8-hour NAAQS Area
consists of all of Bibb County and a
portion of Monroe County located in
middle Georgia. EPA is finalizing
approval because the Macon Area LMP
provides for the maintenance of the
1997 8-hour ozone NAAQS within the
Area through the end of the second 10year portion of the maintenance period.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
This action makes certain commitments
related to maintenance of the 1997 8hour ozone NAAQS in the Area
federally enforceable as part of the
Georgia SIP.
DATES: This rule is effective April 7,
2023.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0203. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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.
ADDRESSES:
E:\FR\FM\08MRR1.SGM
08MRR1
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. 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:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9088. Ms. Bell can also be reached via
electronic mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
I. Background
In accordance with the Clean Air Act
(CAA or Act), EPA is approving the
Macon Area LMP for the 1997 8-hour
ozone NAAQS, adopted by Georgia EPD
on October 12, 2021, and submitted by
Georgia EPD as a revision to the Georgia
SIP on October 20, 2021. On April 30,
2004, the Macon Area was designated as
nonattainment for the 1997 8-hour
ozone NAAQS, effective June 15, 2004.
See 69 FR 23858 (April 30, 2004).
Subsequently, in 2007 the Macon Area
was redesignated to attainment for the
1997 8-hour ozone NAAQS with EPA’s
approval of the first 10-year
maintenance plan, which was designed
to keep the Area in attainment through
2017. See 72 FR 53432 (September 19,
2007). The Macon Area LMP is designed
to maintain the 1997 8-hour ozone
NAAQS within the Macon Area through
the end of the second 10-year portion of
the maintenance period beyond
redesignation.
EPA is finalizing approval of the plan
because it meets all applicable
requirements under CAA sections 110
and 175A. As a general matter, the
Macon Area LMP relies on the same
control measures and contingency
provisions to maintain the 1997 8-hour
ozone NAAQS during the second 10year portion of the maintenance period
as the maintenance plan submitted by
Georgia EPD for the first 10-year period.
In a notice of proposed rulemaking
(NPRM) published on December 28,
2022 (87 FR 79830), EPA proposed to
approve the Macon Area LMP because
VerDate Sep<11>2014
15:51 Mar 07, 2023
Jkt 259001
the State made a showing, consistent
with EPA’s prior LMP guidance, that the
Macon Area ozone concentrations are
well below the 1997 8-hour ozone
NAAQS and have been historically
stable and that the Area has met all
other maintenance plan requirements.
The details of Georgia’s submission, as
well as EPA’s rationale, are explained
further in the December 28, 2022,
NPRM. Comments on the December 28,
2022, NPRM were due on or before
January 27, 2023. No adverse comments
were received on the December 28,
2022, NPRM.
II. Final Action
In accordance with sections 110(k)
and 175A of the CAA, and for the
reasons set forth in the NPRM, EPA is
finalizing approval of the Macon Area
LMP for the 1997 8-hour ozone NAAQS,
as submitted by Georgia EPD on October
20, 2021. EPA is finalizing approval of
the Macon Area LMP because it
includes an acceptable update of
various elements of the 1997 8-hour
ozone NAAQS Maintenance Plan
approved by EPA for the first 10-year
period (including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions) and retains
the relevant provisions of the SIP. EPA
also finds that the Macon Area qualifies
for the LMP option and that the Area’s
LMP adequately demonstrates
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. EPA believes that the
Area’s 1997 8-Hour Ozone LMP is
sufficient to provide for maintenance of
the 1997 8-hour ozone NAAQS in the
Macon Area over the second 10-year
maintenance period, through 2027, and
thereby satisfies the requirements for
such a plan under CAA section 175A(b).
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
14279
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having significant
economic impacts on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.);
• Does not contain any unfunded
mandates or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
This SIP revision is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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 action 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
E:\FR\FM\08MRR1.SGM
08MRR1
14280
Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
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 May 8, 2023. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action 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).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
Environmental Protection, Air
Pollution Control, Incorporation by
Reference, Intergovernmental Relations,
Nitrogen Oxides, Ozone, Reporting and
Recordkeeping Requirements, Volatile
Organic Compounds.
Dated: February 28, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, amend the table in
paragraph (e) by adding an entry for
‘‘1997 8-hour Ozone 2nd Maintenance
Plan (Limited Maintenance Plan) for the
Macon Area’’ at the end of the table to
read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic or
nonattainment area
*
*
1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan) for the Macon
Area.
*
*
Bibb County and a portion of
Monroe County.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
This final rule is effective on
March 8, 2023.
RIN 2060–AV27
National Emission Standards for
Hazardous Air Pollutants: Wood
Preserving Area Sources Technology
Review; Technical Correction for
Surface Coating of Wood Building
Products
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action finalizes the
technology review (TR) conducted for
the Wood Preserving Area Sources
category regulated under national
emission standards for hazardous air
pollutants (NESHAP). While the
Environmental Protection Agency (EPA)
is making no changes to the existing
standards as a result of the TR, this
action establishes minor editorial and
formatting changes to the Wood
Preserving Area Sources NESHAP table
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
The U.S. Environmental
Protection Agency (EPA) has established
a docket for this action under Docket ID
No. EPA–HQ–OAR–2021–0133. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, 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 either electronically through
https://www.regulations.gov/, or in hard
copy at the EPA Docket Center, WJC
West Building, Room Number 3334,
1301 Constitution Ave. NW,
Washington, DC. The Public Reading
Room hours of operation are 8:30 a.m.
to 4:30 p.m. Eastern Standard Time
(EST), Monday through Friday. The
telephone number for the Public
Reading Room is (202) 566–1744, and
ADDRESSES:
[EPA–HQ–OAR–2021–0133; FRL–8473–03–
OAR]
Jkt 259001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Explanation
*
*
3/8/2023, [Insert citation of publication].
DATES:
40 CFR Part 63
15:51 Mar 07, 2023
10/20/2021
EPA approval date
of applicable general provisions. In
addition, the EPA is finalizing technical
corrections to the Surface Coating of
Wood Building Products NESHAP.
[FR Doc. 2023–04505 Filed 3–7–23; 8:45 am]
VerDate Sep<11>2014
State submittal
date/effective
date
*
the telephone number for the EPA
Docket Center is (202) 566–1742.
Mr.
Cyrus Ma, Sector Policies and Programs
Division (mail code E143–03), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
4210; and email address: Ma.Cyrus@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. Throughout this
preamble the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
We use multiple acronyms and terms in
this preamble. While this list may not be
exhaustive, to ease the reading of this
preamble and for reference purposes,
the EPA defines the following terms and
acronyms here:
CAA Clean Air Act
CBI Confidential Business Information
CCA Chromated Copper Arsenate
CFR Code of Federal Regulations
CRA Congressional Review Act
EJ Environmental Justice
EPA Environmental Protection Agency
EST Eastern Standard Time
GACT Generally Available Control
Technology
HAP Hazardous Air Pollutant(s)
KM Kilometer
E:\FR\FM\08MRR1.SGM
08MRR1
]]>Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14278-14280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04505]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0203; FRL-10510-02-R4]
Air Plan Approval; Georgia; Macon Area Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a state implementation plan (SIP) revision submitted by the
State of Georgia, through the Georgia Environmental Protection Division
(EPD), on October 20, 2021. The SIP revision includes the Limited
Maintenance Plan (LMP) for the Macon 1997 8-hour ozone national ambient
air quality standards (NAAQS) maintenance area (hereinafter referred to
as the Macon 1997 8-hour Ozone NAAQS Area or Macon Area or Area). The
Macon 1997 8-hour NAAQS Area consists of all of Bibb County and a
portion of Monroe County located in middle Georgia. EPA is finalizing
approval because the Macon Area LMP provides for the maintenance of the
1997 8-hour ozone NAAQS within the Area through the end of the second
10-year portion of the maintenance period. This action makes certain
commitments related to maintenance of the 1997 8-hour ozone NAAQS in
the Area federally enforceable as part of the Georgia SIP.
DATES: This rule is effective April 7, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0203. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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.
[[Page 14279]]
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Clean Air Act (CAA or Act), EPA is approving
the Macon Area LMP for the 1997 8-hour ozone NAAQS, adopted by Georgia
EPD on October 12, 2021, and submitted by Georgia EPD as a revision to
the Georgia SIP on October 20, 2021. On April 30, 2004, the Macon Area
was designated as nonattainment for the 1997 8-hour ozone NAAQS,
effective June 15, 2004. See 69 FR 23858 (April 30, 2004).
Subsequently, in 2007 the Macon Area was redesignated to attainment for
the 1997 8-hour ozone NAAQS with EPA's approval of the first 10-year
maintenance plan, which was designed to keep the Area in attainment
through 2017. See 72 FR 53432 (September 19, 2007). The Macon Area LMP
is designed to maintain the 1997 8-hour ozone NAAQS within the Macon
Area through the end of the second 10-year portion of the maintenance
period beyond redesignation.
EPA is finalizing approval of the plan because it meets all
applicable requirements under CAA sections 110 and 175A. As a general
matter, the Macon Area LMP relies on the same control measures and
contingency provisions to maintain the 1997 8-hour ozone NAAQS during
the second 10-year portion of the maintenance period as the maintenance
plan submitted by Georgia EPD for the first 10-year period.
In a notice of proposed rulemaking (NPRM) published on December 28,
2022 (87 FR 79830), EPA proposed to approve the Macon Area LMP because
the State made a showing, consistent with EPA's prior LMP guidance,
that the Macon Area ozone concentrations are well below the 1997 8-hour
ozone NAAQS and have been historically stable and that the Area has met
all other maintenance plan requirements. The details of Georgia's
submission, as well as EPA's rationale, are explained further in the
December 28, 2022, NPRM. Comments on the December 28, 2022, NPRM were
due on or before January 27, 2023. No adverse comments were received on
the December 28, 2022, NPRM.
II. Final Action
In accordance with sections 110(k) and 175A of the CAA, and for the
reasons set forth in the NPRM, EPA is finalizing approval of the Macon
Area LMP for the 1997 8-hour ozone NAAQS, as submitted by Georgia EPD
on October 20, 2021. EPA is finalizing approval of the Macon Area LMP
because it includes an acceptable update of various elements of the
1997 8-hour ozone NAAQS Maintenance Plan approved by EPA for the first
10-year period (including emissions inventory, assurance of adequate
monitoring and verification of continued attainment, and contingency
provisions) and retains the relevant provisions of the SIP. EPA also
finds that the Macon Area qualifies for the LMP option and that the
Area's LMP adequately demonstrates maintenance of the 1997 8-hour ozone
NAAQS through documentation of monitoring data showing maximum 1997 8-
hour ozone levels well below the NAAQS and continuation of existing
control measures. EPA believes that the Area's 1997 8-Hour Ozone LMP is
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in
the Macon Area over the second 10-year maintenance period, through
2027, and thereby satisfies the requirements for such a plan under CAA
section 175A(b).
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having significant economic impacts on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
This SIP revision is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
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 action 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
[[Page 14280]]
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 May 8, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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).
List of Subjects in 40 CFR Part 52
Environmental Protection, Air Pollution Control, Incorporation by
Reference, Intergovernmental Relations, Nitrogen Oxides, Ozone,
Reporting and Recordkeeping Requirements, Volatile Organic Compounds.
Dated: February 28, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.570, amend the table in paragraph (e) by adding an entry
for ``1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan)
for the Macon Area'' at the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour Ozone 2nd Bibb County and a 10/20/2021 3/8/2023, [Insert
Maintenance Plan (Limited portion of Monroe citation of
Maintenance Plan) for the County. publication].
Macon Area.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-04505 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P
