[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31116-31117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10680]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0071; FRL-10009-07-Region 4]


Air Plan Approval; GA: Permit Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, through the Georgia Environmental Protection Division 
(GA EPD), on October 18, 2019. This SIP revision makes minor edits to 
Georgia's rule prescribing permitting requirements. EPA has evaluated 
Georgia's submittal and preliminarily determined that it meets the 
applicable requirements of the Clean Air Act (CAA) and EPA's 
regulations.

DATES: Comments must be received on or before June 22, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0071 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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. Ms. Williams can also 
be reached via phone at (404) 562-9144 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is proposing to approve a revision to the Georgia SIP to make 
clarifying and ministerial changes to its permitting regulations at 
Rule 391-3-1-.03(8), Permit Requirements. Georgia's October 18, 
2019,\1\ submittal changes the status of five counties under paragraph 
(e), which specifies counties that are contributing to the ambient air 
levels of the current nonattainment area, and makes other minor 
typographical edits to other subparagraphs for consistent formatting.
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    \1\ EPA notes the Agency received the submittal on October 24, 
2019.
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    Georgia requires compliance with Nonattainment New Source Review 
(NNSR) requirements under paragraph (c) in nonattainment areas. The 
State has one current nonattainment area, which is in nonattainment for 
the 2015 8-hour ozone NAAQS.\2\ At subparagraph (c)14., ``Additional 
Provisions for Ozone Non-Attainment Areas,'' the State also requires 
NNSR for certain counties surrounding the current nonattainment area. 
Specifically, these counties comprise the current maintenance area for 
the 2008 8-hour ozone NAAQS,\3\ which was redesignated to attainment 
effective June 2, 2017. See 82 FR 25523.
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    \2\ The current nonattainment area for the 2015 8-hour ozone 
NAAQS consists of the following Counties: Bartow, Clayton, Cobb, 
DeKalb, Fulton, Gwinnett, and Henry.
    \3\ This area is defined at (c)14. as the following Counties: 
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.
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    In addition, paragraph (e) explains that the Director shall 
designate any counties that are contributing to the ambient air level 
of the nonattainment area. Under subparagraph (c)15., those 
contributing counties are required to carry out certain elements of 
NNSR for any new or modified electric generating units (EGU). 
Specifically, those counties must: Define ``major source'' and ``major 
stationary source'' to include certain sources that emit or have the 
potential to emit at least 100 tons per year of volatile organic 
compounds or oxides of nitrogen; \4\ identify the net emissions 
increase threshold triggering the

[[Page 31117]]

permitting requirement as a result of a physical or operational change 
at a major stationary source; and require an emissions offset ratio of 
at least 1.1:1.\5\
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    \4\ These pollutants are precursors to the formation of ozone.
    \5\ This paragraph also requires these areas to implement best 
available control technology, consistent with prevention of 
significant deterioration requirements, rather than the lowest 
achievable emission rate. Because NNSR is not required for these 
areas per federal rules, this requirement is appropriate for these 
projects.
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    In a January 16, 2020, action (85 FR 2646), EPA approved revisions 
to Georgia's NNSR rules at Rule 391-3-1-.03(8). As relevant here, GA 
EPD removed five counties from the list of counties subject to NNSR 
requirements under subparagraph (c)14. and added these counties to the 
list of contributing counties subject to some NNSR requirements at 
Subparagraph (c)15.\6\ Georgia's October 18, 2019, SIP revision is 
intended to align paragraph (e) with the existing requirements in 
subparagraph (c)(15) by adding those five counties to the list at 
paragraph (e).
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    \6\ The five counties are Barrow, Carroll, Hall, Spalding, and 
Walton.
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II. EPA's Analysis of the State's Submittal

    Georgia's October 18, 2019, submittal changes Rule 391-3-1-.03(e)1. 
to list Barrow, Carroll, Hall, Spalding, and Walton Counties among 
those determined by the Director to contribute to the ambient air level 
of ozone in a revised list of metropolitan Atlanta counties. As 
discussed above, EPA previously approved the removal of these counties 
from the list of counties subject to NNSR requirements at subparagraph 
(c)14. and, in the same action, approved adding these counties to the 
list of contributing counties at subparagraph (c)15. EPA does not 
believe that the corresponding change to subparagraph (e)1. requested 
in the current submittal will substantively impact implementation of 
Georgia's NNSR program. To the contrary, this change merely makes the 
list of counties at subparagraph (e)1. consistent with other SIP-
approved requirements. In addition, EPA notes that Georgia's October 
18, 2019, submittal makes other minor changes to Rule 391-3-1-.03(8), 
which EPA believes will not substantively impact the State's permitting 
program. Therefore, EPA is proposing to approve the SIP revision 
because EPA has preliminarily concluded it is consistent with the CAA 
and EPA's federal regulations.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the Georgia Rule 391-3-1-.03(8), titled ``Permit 
Requirements'' State effective September 26, 2019, which incorporates 
minor revisions to the State's permitting requirements. EPA has made 
and will continue to make the State Implementation Plan 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).

IV. Proposed Action

    EPA is proposing to approve the Georgia SIP revision to Rule 391-3-
1-.03(8) titled ``Permit Requirements,'' submitted on October 18, 2019, 
to update the status of five counties that are designated as attainment 
for the 2015 8-hour ozone NAAQS, but which the Director has determined 
to impact ambient ozone concentrations in the metropolitan Atlanta 
area, and therefore must comply with certain additional permitting 
requirements under subparagraph (8)(c)15. In addition, the October 18, 
2019, submittal makes typographical edits to Rule 391-3-1.03(8). EPA 
has preliminarily concluded that the SIP revision is consistent with 
the CAA and EPA's regulations.

V. 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, if 
they meet the criteria of the CAA. This action merely proposes to 
approve state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 12, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-10680 Filed 5-21-20; 8:45 am]
 BILLING CODE 6560-50-P