[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Rules and Regulations]
[Page 60429-60435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc06-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA OAR-2003-0083; FRL-8231-1]
Air Quality Designations and Classifications for the 8-Hour Ozone
National Ambient Air Quality Standards; Early Action Compact Areas With
Deferred Effective Dates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action corrects the 8-hour ozone nonattainment boundary
for Monroe County, Georgia by deleting a highway from the boundary
description, and clarifies the 8-hour ozone nonattainment boundary for
Murray County, Georgia by adding a boundary description. Monroe County,
Georgia is part of the Macon, Georgia 8-hour ozone nonattainment area
and a portion of Murray County, Georgia makes up the Murray County
(Chattahoochee National Forest Mountains), Georgia 8-hour ozone
nonattainment area. The nonattainment boundaries for these two counties
were described in EPA's final 8-hour ozone designations rule which was
published in the Federal Register on April 30, 2004. EPA is clarifying
the exact location of the 8-hour ozone nonattainment boundary for
Murray County by including the precise descriptions of the boundary in
the Code of Federal Regulations. In addition, pursuant to Clean Air Act
(CAA) section 110(k)(6), EPA is also correcting an error made in
identifying the 8-hour ozone nonattainment boundary for Monroe County.
Effective Date: This action is effective: October 13, 2006.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA OAR-2003-0083 (Designations) and EPA OAR-2003-0090 (Early
Action Compacts). All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://www.regulations.gov Web site or in hard copy at the
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The telephone
number for the
[[Page 60430]]
Public Reading Room is (202) 566-1744, and the telephone number for the
Office of Air and Radiation Docket and Information Center is (202) 566-
1742. In addition, we have placed a copy of the rule and a variety of
materials regarding designations on EPA's designation Web site at:
http://www.epa.gov/oar/oaqps/glo/designations and on the tribal Web site at: http://www.epa.gov/air/tribal. Materials relevant to Early
vant to Early
Action Compact (EAC) areas are on EPA's Web site at: http://www.epa.gov/ttn/naaqs/ozone/eac.
In addition, the public may inspect
the rule and technical support at the following locations:
Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
FOR FURTHER INFORMATION CONTACT: Mr. Dick Schutt, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9033. Mr. Schutt can also be reached via electronic mail
at schutt.dick@epa.gov.
SUPPLEMENTARY INFORMATION: On April 30, 2004, (69 FR 23858), EPA
published a rule designating and classifying areas for the 8-hour ozone
National Ambient Air Quality Standards (NAAQS). That rule designated
portions of both Monroe County and Murray County, Georgia, as
nonattainment for the 8-hour ozone NAAQS. Those designations appear in
40 CFR 81.311. Today, EPA is clarifying the exact location of the 8-
hour ozone nonattainment boundary for Murray County by precisely
describing the boundary as was recommended by the State of Georgia and
approved by EPA in the April 2004 8-hour ozone designations rulemaking.
In addition, pursuant to CAA section 110(k)(6), EPA is correcting an
error made in identifying the 8-hour ozone nonattainment boundary for
Monroe County.
Murray County
In letters dated October 20, 2003, and March 4, 2004, the State of
Georgia recommended an 8-hour ozone nonattainment boundary for Murray
County, Georgia (Murray County, Chattahoochee National Forest
Mountains, Georgia 8-hour ozone nonattainment area) and described the
boundary as being ``enclosed to the east by Murray County's eastern
border, to the north by latitude of 34.9004 degrees, to the west by
longitude 84.7200 degrees, and to the south by 34.7040 degrees. All
mountain peaks within the Chattahoochee National Forest area of Murray
County that have an elevation greater than or equal to 2,400 feet and
that are enclosed by contour lines that close on themselves.'' See,
Letter from Ron Methier, Georgia Environmental Protection Division, to
Kay Prince, EPA Region 4, dated March 4, 2004. EPA concurred with this
nonattainment boundary for Murray County, but in our subsequent April
30, 2004, 8-hour ozone designations rulemaking we described the
nonattainment boundary only generally as ``Murray Co. (Chattahoochee
Nat Forest), GA: Murray County (part).'' See, 69 FR 23857 (April 30,
2004).
The purpose of today's rule is not to change the Murray County,
Georgia, 8-hour ozone nonattainment boundary, but to clarify the exact
boundary description as recommended by Georgia and concurred upon by
EPA as part of the April 30, 2004 8-hour ozone designations rulemaking.
Thus, EPA is more clearly describing the Murray County 8-hour ozone
nonattainment boundary (found at 40 CFR 81. 311) as:
The area enclosed to the east by Murray County's eastern
border, to the north by latitude of 34.9004 degrees, to the west by
longitude 84.7200 degrees, and to the south by 34.7040 degrees. All
mountain peaks within the Chattahoochee National Forest area of Murray
County that have an elevation greater than or equal to 2,400 feet and
that are enclosed by contour lines that close on themselves.
Monroe County
Monroe County and Bibb County, Georgia make up the Macon, Georgia,
8-hour ozone nonattainment area. 69 FR 23857, 23894 (April 30, 2004).
Monroe County is adjacent to the core Consolidated Metropolitan
Statistical Area (CMSA) county of Bibb and has a large source of
nitrogen oxides (NOX) emissions from Georgia Power Company's
Plant Scherer. Based on EPA's technical analysis in 2004, the portion
of Monroe County that contains Plant Scherer was determined to be
contributing to the 8-hour ozone violations recorded in Bibb County.
In its initial designation recommendation in July 2003, Georgia did
not recommend any portion of Monroe County be included as part of the
designated 8-hour ozone nonattainment area. In EPA's December 2003
response to the State's recommendation, EPA indicated that Monroe
County should be included as part of the designated nonattainment area.
Just prior to EPA's signature on the 8-hour ozone nonattainment
designations on April 15, 2004, EPA's Office of Air Quality, Planning
and Standards (OAQPS) requested that Georgia provide EPA with a
boundary description for the Monroe County portion of the Macon,
Georgia 8-hour ozone nonattainment area. In response, on April 13,
2004, the State of Georgia submitted a recommended boundary to OAQPS
that included Georgia Power's Plant Scherer and that included the
portion of the county that was contiguous to Bibb County. That
recommendation included a road--U.S. Hwy 23/Georgia Hwy 87--as part of
the recommended area to be designated nonattainment. The April 13, 2004
recommended boundary description read as follows:
From the point where Bibb and Monroe Counties meet at the
Ocmulgee River, follow the Ocmulgee River boundary north to 33 degrees,
05 minutes, due west to 83 degrees, 50 minutes, due south to the
intersection with Georgia Hwy 18, east along Georgia Hwy 18 to U.S. Hwy
23/Georgia Hwy 87, south on U.S. Hwy 23/Georgia Hwy 87 to the Monroe/
Bibb County line, and east to the intersection with the Ocmulgee River.
Following EPA's signature on the 8-hour ozone designations rule on
April 15, 2004, but just prior to EPA's announcement of its 8-hour
ozone designations on April 30, 2004, the State of Georgia submitted a
corrected boundary description for Monroe County (on April 29, 2004).
The corrected boundary description was provided to EPA Region 4, rather
than OAQPS and continued to be contiguous to Bibb County and continued
to include Georgia Power's Plant Scherer. The correction, however,
excluded U.S. Hwy 23/Georgia Hwy 87. The State's April 29, 2004
corrected boundary description for Monroe County read as follows:
From the point where Bibb and Monroe Counties meet at U.S.
Hwy 23/Georgia Hwy 87 follow the Bibb/Monroe County line westward 150'
from the U.S. Hwy 23/Georgia Hwy 87 centerline, proceed northward 150'
west of and parallel to the U.S. Hwy 23/Georgia Hwy 87 centerline to 33
degrees, 04 minutes, 30 seconds; proceed westward to 83 degrees, 49
minutes, 45 seconds; proceed due south to 150' north of the Georgia Hwy
18 centerline, proceed eastward 150' north of and parallel to the
Georgia Hwy 18 centerline to 1150' west of the U.S. Hwy 23/Georgia Hwy
87 centerline, proceed southward 1150' west of and parallel to the U.S.
Hwy 23/Georgia Hwy 87 centerline to the Monroe/Bibb County line; then
follow
[[Page 60431]]
the Monroe/Bibb County line to 150' west of the U.S. Hwy 23/Georgia Hwy
87 centerline.
EPA Region 4 reviewed this corrected boundary recommendation at the
time it was submitted and agreed with the recommendation, finding that
it continued to include Georgia Power's Plant Scherer and was
consistent with EPA's 11-factor nonattainment boundary guidance.
However, at the time EPA Region 4 received Georgia's corrected boundary
description for Monroe County, it was unaware that Georgia had
previously provided a different description to OAQPS. In addition, EPA
Region 4 believed, erroneously, that Georgia had simultaneously
provided its April 29, 2004 corrected boundary description to OAQPS.
Yet, Georgia had not provided its boundary correction to OAQPS and as a
result, no effort was made by either EPA Region 4 or OAQPS to correct
the Monroe County boundary description prior to the June 15, 2004,
effective date of designation.
EPA is taking action today to correct its error in failing to
correct the boundary prior to the area's effective date of designation.
Because the April 29, 2004 letter was submitted in sufficient time for
EPA to have corrected the boundary prior to the effective date of
designation and such correction was not made due to a breakdown in
communication between two EPA offices, EPA is today correcting its
error. The corrected boundary description will read as follows:
From the point where Bibb and Monroe Counties meet at U.S.
Hwy 23/Georgia Hwy 87 follow the Bibb/Monroe County line westward 150'
from the U.S. Hwy 23/Georgia Hwy 87 centerline, proceed northward 150'
west of and parallel to the U.S. Hwy 23/Georgia Hwy 87 centerline to 33
degrees, 04 minutes, 30 seconds; proceed westward to 83 degrees, 49
minutes, 45 seconds; proceed due south to 150' north of the Georgia Hwy
18 centerline, proceed eastward 150' north of and parallel to the
Georgia Hwy 18 centerline to 1150' west of the U.S. Hwy 23/Georgia Hwy
87 centerline, proceed southward 1150' west of and parallel to the U.S.
Hwy 23/Georgia Hwy 87 centerline to the Monroe/Bibb County line; then
follow the Monroe/Bibb County line to 150' west of the U.S. Hwy 23/
Georgia Hwy 87 centerline.
EPA is making this correction pursuant to the authority of CAA
section 110(k)(6). Section 110(k)(6) provides:
``Whenever the Administrator determines that the
Administrator's action approving, disapproving, or promulgating any
plan or plan revision (or part thereof), area designation,
redesignation, classification, or reclassification was in error, the
Administrator may in the same manner as the approval, disapproval, or
promulgation, revise such action as appropriate without requiring any
further submission from the State. Such determination and the basis
thereof shall be provided to the State and public.''
As discussed above, the Administrator erroneously allowed the 8-
hour ozone area designation for Monroe County, Georgia to become
effective without reflecting Georgia's April 29, 2004 correction of its
boundary recommendation. EPA's recent discovery of this error prompted
today's correction.
Public Participation
EPA is clarifying the 8-hour ozone nonattainment boundary for
Murray County, Georgia without notice and comment in accordance with
CAA section 107(d)(2), which exempts the promulgation or announcement
of a designation (including boundary determinations) from the notice
and comment provisions of the Administrative Procedure Act (APA).
In addition, EPA is correcting the 8-hour ozone nonattainment
boundary for Monroe County, Georgia without notice and comment for
several reasons. First, CAA section 110(k)(6) provides that corrections
to the promulgation of area designations (including boundary
corrections) may be accomplished by the Administrator ``in the same
manner'' as the promulgation. EPA's April 30, 2004 final 8-hour ozone
designations rule was published as a final rule without public notice
and comment in accordance with CAA section 107(d)(2), which exempts the
promulgation or announcement of a designation (including boundary
determinations) from the notice and comment provisions of the
Administrative Procedure Act. Further, EPA's correction of the Monroe
County, Georgia, 8-hour ozone nonattainment boundary falls under the
``good cause'' exemption in APA section 553(b)(3)(B). Section
553(b)(3)(B) provides that, upon finding ``good cause,'' agencies may
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary or contrary to the public
interest. Public notice and comment for EPA's correction of the 8-hour
ozone nonattainment boundary for Monroe County, Georgia, is unnecessary
because the correction makes no substantive difference to EPA's
analysis of the designation status of the Macon, Georgia, 8-hour
nonattainment area, as set out in EPA's April 30, 2004, final 8-hour
ozone designations rule (69 FR 23858). In the April 30, 2004
rulemaking, EPA included, as part of the Macon, Georgia, 8-hour ozone
nonattainment, the portion of Monroe County that contains Georgia
Power's Plant Scherer because that portion was determined to be
contributing to the 8-hour ozone violations recorded in Bibb County,
Georgia. Today's correction of the boundary for Monroe County does not
impact this prior technical analysis since the boundary continues to
include Georgia Power's Plant Scherer and continues to be consistent
with EPA's 11-factor ozone nonattainment boundary guidance. Finally,
EPA can identify no particular reason why the public would be
interested in being notified of this correction or in having the
opportunity to comment on the correction prior to this action being
finalized, since the corrected boundary for Monroe County continues to
include Georgia Power's Plant Scherer and continues to be consistent
with EPA's 11-factor ozone nonattainment boundary guidance.
Effective Date
EPA also finds that there is good cause under APA section 553(d)(3)
for today's actions to become effective on the date of publication of
this final rule. Section 553(d)(3) of the APA allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
Today's rule, however, does not create any new regulatory requirements
such that affected parties would need time to prepare before the rule
takes effect. Rather, today's rule merely corrects the 8-hour ozone
nonattainment boundary for Monroe County, Georgia, to exclude a
highway, and clarifies the 8-hour ozone nonattainment boundary for
Murray County, Georgia, by adding a boundary description to 40 CFR part
81. For these reasons, EPA finds good cause under APA section 553(d)(3)
for today's actions to become effective on the date of publication of
this final rule.
Final Actions
EPA is taking two actions today. First, EPA is clarifying the exact
location of the 8-hour ozone nonattainment boundary for Murray County
by including the boundary that was
[[Page 60432]]
recommended by the State of Georgia and approved by EPA in the April
2004 ozone designations rulemaking, but that was not included in 40 CFR
part 81. Second, pursuant to CAA section 110(k)(6), EPA is also
correcting the 8-hour ozone nonattainment boundary for Monroe County to
reflect Georgia's April 29, 2004 recommended boundary.
Statutory and Executive Order Reviews:
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to the Office of Management and Budget (OMB)
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
because none of the above factors applies. As such, this final rule was
not formally submitted to OMB for review.
B. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule only clarifies and corrects the 8-hour nonattainment
boundaries for Murray County and Monroe County, Georgia. This rule does
not establish any new information collection burden apart from that
required by law. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the APA or any other
statute unless the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's final rule on small entities, small entity is defined as: (1) A
small business that is a small industrial entity as defined in the U.S.
Small Business Administration (SBA) size standards. (See 13 CFR 121.);
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. This rule only clarifies and corrects the 8-hour
nonattainment boundaries for Murray County and Monroe County, Georgia.
The clarification and correction of these boundaries will not impose
any requirements on small entities. After considering the economic
impacts of today's final rule on small entities, I certify that this
rule will not have a significant economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. Today's final rule does not include a Federal mandate
within the meaning of UMRA that may result in expenditures of $100
million or more in any one year by either state, local, or tribal
governments in the aggregate or to the private sector, and therefore,
is not subject to the requirements of sections 202 and 205 of the UMRA.
It does not create any additional requirements beyond those of the 8-
hour NAAQS for ozone (62 FR 38894; July 18, 1997), and therefore, no
UMRA analysis is needed. This rule only clarifies and corrects the 8-
hour nonattainment boundaries for Murray County and Monroe County,
Georgia. EPA believes that any new controls imposed as a result of this
rule will not cost in the aggregate $100 million or more annually.
Thus, this Federal rule will not impose mandates that will require
expenditures of $100 million or more in the aggregate in any one year.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state
[[Page 60433]]
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule does not have federalism implications. It
will not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. The Clean Air Act
establishes the scheme whereby states take the lead in developing plans
to meet the NAAQS. This rule will not modify the relationship of the
states and EPA for purposes of developing programs to implement the
NAAQS. Thus, Executive Order 13132 does not apply to this rule.
Although Executive Order 13132 does not apply to this rule, EPA
discussed the designation process and compact program with
representatives of state and local air pollution control agencies, and
tribal governments, as well as the Clean Air Act Advisory Committee,
which is also composed of state and local representatives.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
``tribal implications'' as specified in Executive Order 13175. This
rule only clarifies and corrects the 8-hour ozone nonattainment
boundaries for Murray County and Monroe County, Georgia. The Clean Air
Act provides for states to develop plans to regulate emissions of air
pollutants within their jurisdictions. The Tribal Authority Rule (TAR)
gives tribes the opportunity to develop and implement Clean Air Act
programs such as programs to attain and maintain the 8-hour ozone
NAAQS, but it leaves to the discretion of the tribe whether to develop
these programs and which programs, or appropriate elements of a
program, they will adopt. This rule only clarifies and corrects the 8-
hour ozone nonattainment boundaries for Murray County and Monroe
County, Georgia, of which no tribal land is included. This final rule
does not have tribal implications as defined by Executive Order 13175.
It does not have a substantial direct effect on one or more Indian
tribes, since no tribe has implemented a Clean Air Act program to
attain the 8-hour ozone NAAQS at this time. Furthermore, this rule does
not affect the relationship or distribution of power and
responsibilities between the Federal government and Indian tribes. The
Clean Air Act and the TAR establish the relationship of the Federal
government and tribes in developing plans to attain the NAAQS, and this
rule does nothing to modify that relationship. Because this rule does
not have tribal implications, Executive Order 13175 does not apply.
Although Executive Order 13175 does not apply to this rule, prior to
designations action promulgated on April 15, 2004, EPA did outreach to
tribal representatives regarding the designations and to inform them
about the compact program and its impact on designations. EPA supports
a national ``Tribal Designations and Implementation Work Group'' which
provides an open forum for all tribes to voice concerns to EPA about
the designation and implementation process for the NAAQS, including the
8-hour ozone standard. These discussions informed EPA about key tribal
concerns regarding designations as the rule was under development.
G. Executive Order 13045: Protection of Children From Environmental
Health and
Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health and Safety Risks'' (62 FR 19885, April 23, 1997) applies to any
rule that (1) is determined to be (economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. This final
rule is not subject to Executive Order 13045 because it is not
economically significant as defined in E.O. 12866, and because the
Agency does not have reason to believe the environmental health risks
or safety risks addressed by this rule present a disproportionate risk
to children. Nonetheless, we have evaluated the environmental health
and safety effects of the 8-hour ozone NAAQS on children. The results
of this risk assessment are contained in the National Ambient Air
Quality Standards for Ozone, Final Rule (62 FR 38855-38896;
specifically, 62 FR 38854, 62 FR 38860 and 62 FR 38865).
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Information on the methodology and data
regarding the assessment of potential energy impacts is found in
Chapter 6 of U.S. EPA 2002, Cost, Emission Reduction, Energy, and
Economic Impact Assessment of the Proposed Rule Establishing the
Implementation Framework for the 8-Hour, 0.08 ppm Ozone National
Ambient Air Quality Standard, prepared by the Innovative Strategies and
Economics Group, Office of Air Quality Planning and Standards, Research
Triangle Park, NC April 24, 2003.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS. This rule does not involve technical standards.
Therefore, EPA did not consider the use of any VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 60434]]
of the United States. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective October 13, 2006.
K. Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 12, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: October 5, 2006.
Stephen L. Johnson,
Administrator.
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40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
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1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 81.311 the table entitled (Georgia--Ozone (8-hour standard)
is amended:
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a. By adding footnote 3 to heading ``Macon, GA:'',
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b. Under Macon, GA by revising entries for ``Monroe County (part)'' and
``Murray Co (Chattahoochee Nat Forest), GA:'' to read as follows:
Sec. 81.311 Georgia
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Georgia--Ozone (8-Hour Standard)
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Designation \a\ Category/classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Macon, GA: \3\
* * * * * * *
Monroe County (part).................... ........... Nonattainment............................ ........... Subpart 1.
From the point where Bibb and Monroe
Counties meet at U.S. Hwy 23/
Georgia Hwy 87 follow the Bibb/
Monroe County line westward 150'
from the U.S. Hwy 23/Georgia Hwy 87
centerline, proceed northward 150'
west of and parallel to the U.S.
Hwy 23/Georgia Hwy 87 centerline to
33 degrees, 04 minutes, 30 seconds;
proceed westward to 83 degrees, 49
minutes, 45 seconds; proceed due
south to 150' north of the Georgia
Hwy 18 centerline, proceed eastward
150' north of and parallel to the
Georgia Hwy 18 centerline to 1150'
west of the U.S. Hwy 23/Georgia Hwy
87 centerline, proceed southward
1150' west of and parallel to the
U.S. Hwy 23/Georgia Hwy 87
centerline to the Monroe/Bibb
County line; then follow the Monroe/
Bibb County line to 150' west of
the U.S. Hwy 23/Georgia Hwy 87
centerline.
* * * * * * *
Murray Co (Chattahoochee Nat Forest),
GA:
Murray County (part).................... ........... Nonattainment............................ ........... Subpart 1.
The area enclosed to the east by
Murray County's eastern border, to
the north by latitude of 34.9004
degrees, to the west by longitude
84.7200 degrees, and to the south
by 34.7040 degrees. All mountain
peaks within the Chattahoochee
National Forest area of Murray
County that have an elevation
greater than or equal to 2,400 feet
and that are enclosed by contour
lines that close on themselves.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
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\3\ The boundary change is effective October 13, 2006.
[[Page 60435]]
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[FR Doc. E6-17012 Filed 10-12-06; 8:45 am]
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