[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Rules and Regulations]
[Pages 2646-2648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00326]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0710; FRL-10004-19-Region 4]


Air Plan Approval; GA; Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision provided by the State of Georgia, 
through the Georgia Environmental Protection Division (GA EPD) of the 
Department of Natural Resources, via a letter dated July 2, 2018. 
Specifically, EPA is approving changes to Georgia's Nonattainment New 
Source Review (NNSR) permitting rules. This action is being finalized 
pursuant to the Clean Air Act (CAA or Act) and its implementing 
regulations.

DATES: This rule will be effective February 18, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0710. All documents in the docket 
are listed on the www.regulations.gov website. 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 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: Sean Lakeman, 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) 562-9043. Mr. Lakeman can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The New Source Review (NSR) program is a preconstruction permitting 
program that requires certain stationary sources of air pollution to 
obtain permits prior to beginning construction. The NSR permitting 
program applies to new construction and to modifications of existing 
sources. New construction and modifications that emit ``regulated NSR 
pollutants'' over certain thresholds are subject to major NSR 
requirements, while smaller emitting sources and modifications may be 
subject to minor NSR requirements.
    Major NSR permits for sources that are located in attainment or 
unclassifiable areas are referred to as Prevention of Significant 
Deterioration (PSD) permits. Major NSR permits for sources located in 
nonattainment areas and that emit pollutants above the specified 
thresholds for which the area is in nonattainment are referred to as 
NNSR permits.
    A new stationary source is subject to major NSR requirements if its 
potential to emit (PTE) a regulated NSR pollutant exceeds certain 
emission thresholds. If it exceeds the applicable threshold, the NSR 
regulations define it as a ``major stationary source.'' An existing 
major stationary source triggers major NSR permitting requirements when 
it undergoes a ``major modification,'' which occurs when a source 
undertakes a physical change or change in method of operation (i.e., a 
``project'') that would result in (1) a significant emissions increase 
from the project, and (2) a significant net emissions increase from the 
source. See, e.g., 40 CFR 52.21(b)(2)(i) and (b)(52). Georgia Rule 391-
3-1-.03(8)--Permit Requirements contains the State's NNSR permitting 
requirements and identifies the counties subject to those requirements.
    Effective January 6, 1992, EPA designated 13 counties surrounding 
Atlanta, Georgia, as nonattainment for the 1-hour ozone NAAQS and 
classified them as a ``serious'' nonattainment area (hereinafter 
referred to as the Atlanta 1-hour Ozone Area).\1\ See 56 FR 56694 
(November 6, 1991). Effective January 1, 2004, the Atlanta 1-hour Ozone 
Area was reclassified as a ``severe'' nonattainment area. See 68 FR 
55469 (September 26, 2003). This classification requires, among other 
things, that a ``major source'' and a ``major stationary source'' be 
defined to include certain sources that emit or have the potential to 
emit 25 tons or more of nitrogen oxides (NOX) or volatile 
organic compounds (VOC) and that emissions offsets apply at a ratio of 
at least 1.3 or 1.2:1 (depending on the criteria in CAA section 
182(d)(2)).\2\ EPA redesignated the Atlanta 1-hour Ozone Area to 
attainment for the 1-hour ozone NAAQS, effective June 14, 2005. See 70 
FR 34660 (June 15, 2005). Effective June 15, 2005, EPA revoked the 1-
hour ozone NAAQS. See 69 FR 23951 (April 30, 2004) and 70 FR 44470 
(August 3, 2005).
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    \1\ The Atlanta 1-hour Ozone Area consisted of the following 
counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. The 1-hour 
ozone NAAQS was set at 0.12 parts per million (ppm) with attainment 
defined when the expected number of days per calendar year, with 
maximum hourly average concentration greater than 0.12 ppm, is equal 
to or less than one.
    \2\ For ozone, the offset ratio is the ratio of the total 
emissions reductions of NOX or VOCs to the total 
increased emissions of those pollutants.
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    Effective June 15, 2004, 20 counties surrounding Atlanta were 
designated as nonattainment and classified as a ``marginal'' 
nonattainment area for the 1997 8-hour ozone NAAQS (hereinafter 
referred to as the Atlanta 1997 8-hour Ozone Area).\3\ See 69 FR 23858 
(April 30, 2004). Effective April 7, 2008, the Atlanta 1997 8-hour 
Ozone Area was reclassified as a ``moderate'' nonattainment area. See 
73 FR 12013 (March 6, 2008). This classification requires, among other 
things, that a ``major source'' and a ``major stationary source'' be 
defined to include certain sources that emit or have the potential to 
emit 100 tons or more of NOX or VOC and that emissions 
offsets apply at a ratio of at least 1.15:1. The Atlanta 1997

[[Page 2647]]

8-hour Ozone Area was redesignated to attainment, effective January 1, 
2014. See 78 FR 72040 (December 2, 2013). Effective April 6, 2015, EPA 
revoked the 1997 8-Hour Ozone NAAQS. See 80 FR 12264 (March 6, 2015).
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    \3\ The Atlanta 1997 8-hour Ozone Area consisted of the 
following counties: Barrow, Bartow, Carroll, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. The 
1997 8-hour ozone NAAQS was set at 0.08 ppm based on an annual 
fourth-highest daily maximum 8-hour average concentration averaged 
over three years.
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    Effective July 20, 2012, 15 counties surrounding Atlanta were 
designated as nonattainment and classified as a ``marginal'' 
nonattainment area for the 2008 8-hour ozone NAAQS (hereinafter 
referred to as the Atlanta 2008 8-hour Ozone Area).\4\ See 77 FR 30088 
(May 21, 2012). This classification requires, among other things, that 
a ``major source'' and a ``major stationary source'' be defined to 
include certain sources that emit or have the potential to emit 100 
tons or more of NOX or VOC and that emissions offsets apply 
at a ratio of at least 1.1:1. The Atlanta 2008 8-hour Ozone Area was 
redesignated to attainment, effective June 2, 2017. See 82 FR 25523 
(June 2, 2017).
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    \4\ The Atlanta 2008 8-hour Ozone Area consisted of the 
following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, 
Paulding, and Rockdale. The 2008 8-hour ozone NAAQS is set at 0.075 
ppm based on an annual fourth-highest daily maximum 8-hour average 
concentration averaged over three years.
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    Approximately one year later, on June 4, 2018, EPA published a 
Federal Register document announcing that seven counties surrounding 
Atlanta were designated as nonattainment and classified as a 
``marginal'' nonattainment area for the 2015 8-hour ozone NAAQS 
(hereinafter referred to as the Atlanta 2015 8-hour Ozone Area).\5\ See 
83 FR 25776 (effective August 3, 2018). As discussed above, the 
``marginal'' classification requires that a ``major source'' and a 
``major stationary source'' be defined to include certain sources that 
emit or have the potential to emit 100 tons or more of NOX 
or VOC and that emissions offsets apply at a ratio of at least 1.1:1.
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    \5\ The Atlanta 2015 8-hour Ozone Area consists of the following 
counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and 
Henry. The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an 
annual fourth-highest daily maximum 8-hour average concentration 
averaged over three years.
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    Due to the redesignations identified above and the nonattainment 
designation for the 2015 8-hour ozone NAAQS, the ozone nonattainment 
area surrounding Atlanta now consists of seven counties--Bartow, 
Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. Via a letter dated 
July 2, 2018, GA EPD provided a SIP revision to EPA to modify the NNSR 
requirements in Rule 391-3-1-.03(8)--Permit Requirements.\6\
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    \6\ EPA received the submittal on July 6, 2018. Georgia's cover 
letter also requested revision to Rule 391-3-1-.03(10)--Title V 
Operating Permits. However, EPA is not acting on that revision 
because Rule 391-3-1-.03(10) is not part of the SIP.
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    See EPA's notice of proposed rulemaking (NPRM) published on 
September 9, 2019 (84 FR 47213) for further detail on the changes made 
in the July 2, 2018 submission. Comments were due on October 9, 2019, 
and EPA received no comments on the NPRM. EPA is approving the changes 
to Georgia's Rule 391-3-1-.03(8) because these changes are consistent 
with the CAA.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Georgia Rule 
391-3-1-.03(8)--Permit Requirements, which revises the State's permit 
rules, state effective June 18, 2018. EPA has made, and will continue 
to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\7\
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    \7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to Georgia's SIP, 
submitted in a letter dated July 2, 2018, that make revisions to Rule 
391-3-1-.03(8)--Permit Requirements. EPA views this change as being 
consistent with the CAA.

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     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).
    The SIP 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

[[Page 2648]]

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 March 16, 2020. 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, Ozone, Volatile organic 
compounds, Nitrogen oxides.

    Dated: January 2, 2020.
Blake M. Ashbee,
Acting Regional Administrator, Region 4.

    For the reasons discussed in the preamble, 40 CFR part 52 is 
amended 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. Section 52.570(c) is amended under the heading Permits by revising 
the entry for ``391-3-1-.03(8)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                        State
       State citation            Title/subject     effective date   EPA approval date          Explanation
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                                                  * * * * * * *
                             -----------------------------------------------------------------------------------
391-3-1-.03.................                                        Permits
                             -----------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.03(8)..............  Permit Requirements       6/18/2018  1/16/2020, [Insert   Except paragraph (e),
                                                                    citation of          approved on 11/22/10
                                                                    publication].        with a state-effective
                                                                                         date of 7/25/07.
 
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[FR Doc. 2020-00326 Filed 1-15-20; 8:45 am]
 BILLING CODE 6560-50-P