[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68449-68452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26140]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0401; FRL-9305-01-R4]
Air Plan Approval; Georgia; Emissions Statements Requirements for
the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of Georgia through the Georgia Environmental Protection Division
(GA EPD) on July 2, 2020, and November 4, 2021. Both submittals address
the emissions statements requirements for the 2015 8-hour ozone
national ambient air quality standards (NAAQS) for the Atlanta, Georgia
2015 8-hour ozone nonattainment area (hereinafter referred to as the
``Atlanta Area''). These requirements apply to all ozone nonattainment
areas. The Atlanta Area is comprised of seven counties in and around
metropolitan Atlanta (Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett,
and Henry). This action is being proposed pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on or before January 3, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0401 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov.
[[Page 68450]]
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: 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
On October 1, 2015, EPA promulgated a revised 8-hour primary and
secondary ozone NAAQS, strengthening both from 0.075 parts per million
(ppm) to 0.070 ppm (the 2015 8-hour Ozone NAAQS). See 80 FR 65292
(October 26, 2015). 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. Under EPA's regulations at 40
CFR part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentration is less than or equal to 0.070
ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air
quality monitoring data completeness requirement is met when the
average percentage of days with valid ambient monitoring data is
greater than 90 percent, and no single year has less than 75 percent
data completeness as determined using Appendix U of part 50.
Upon promulgation of a new or revised ozone NAAQS, the CAA requires
EPA to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. On April 30, 2018, EPA
designated a 7-county area in and around metropolitan Atlanta as a
marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS.\1\
The Atlanta Area was designated nonattainment for the 2015 8-hour ozone
NAAQS on April 30, 2018 (effective August 3, 2018) using 2014-2016
ambient air quality data. See 83 FR 25776 (June 4, 2018). On December
6, 2018, EPA finalized a rule titled ``Implementation of the 2015
National Ambient Air Quality Standards for Ozone: Nonattainment Area
State Implementation Plan Requirements'' (SIP Requirements Rule) that
establishes the requirements that state, tribal, and local air quality
management agencies must meet as they develop implementation plans for
areas where air quality exceeds the 2015 8-hour ozone NAAQS.\2\ See 83
FR 62998 (December 6, 2018); 40 CFR part 51, subpart CC. This rule
establishes nonattainment area attainment dates based on Table 1 of
section 181(a) of the CAA, including an attainment date of August 3,
2021, three years after the August 3, 2018, designation effective date,
for areas classified as marginal for the 2015 8-hour ozone NAAQS. Based
on the nonattainment designation, Georgia was required to develop a SIP
revision addressing certain CAA requirements for the Atlanta Area,
including, pursuant to CAA section 182(a)(3)(B), a SIP revision
addressing the emissions statements requirements.
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\1\ The nonattainment area for the 2015 8-hour ozone standard
consists of the following counties: Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry.
\2\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2015 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress, reasonably available control technology,
reasonably available control measures, major nonattainment new
source review, emission inventories, and the timing of SIP
submissions and compliance with emission control measures in the
SIP.
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Ground level ozone is not emitted directly into the air but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(3)(B) of the CAA requires states with ozone
nonattainment areas to submit a SIP revision requiring annual emissions
statements to be submitted to the state by the owner or operator of
each NOX and VOC stationary source. However, a state may
waive the emissions statements requirements for any class or category
of stationary sources which emit less than 25 tons per year (tpy) of
VOC or NOX if the state provides an inventory of emissions
as required by CAA section 182 that accounts for emissions from those
sources. See CAA section 182(a)(3)(B)(ii). The first statement is due
three years from the area's nonattainment designation, and subsequent
statements are due at least annually thereafter.
On July 2, 2020, Georgia submitted a SIP revision to address the
emissions statements requirements related to the 2015 8-hour ozone
NAAQS for the Atlanta Area.\3\ On June 28, 2021, to correct a
deficiency in the July 2, 2020, submittal, GA EPD submitted a draft SIP
revision supplementing that SIP submittal along with a parallel
processing request.\4\ Subsequently, on November 4, 2021, Georgia
submitted the draft June 28, 2021, SIP submittal in final form, thus
negating the need for EPA to parallel process the draft June 28, 2021,
SIP submittal. EPA is proposing to approve the July 2, 2020, SIP
submittal as updated by the November 4, 2021, SIP submittal, as meeting
the requirements of section 182(a)(3)(B) of the CAA and associated
federal regulations. EPA's analysis of these SIP revisions and how they
address the emissions statements requirements is discussed in the
analysis of state's submittal section of this notice.
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\3\ In the July 2, 2020, SIP revision, GA EPD submitted a
certification that existing Georgia rules satisfy the permit program
requirements in section 172(c)(5) and section 173 of the CAA. GA EPD
also provided an emissions inventory to satisfy the requirements in
section 182(a)(1) of the CAA. EPA will take action on these SIP
revisions in separate rulemakings.
\4\ Georgia's July 2, 2020, SIP revision included a request for
conditional approval regarding the emissions statements
requirements. Under CAA section 110(k)(4), EPA may conditionally
approve a SIP revision based on a commitment from a state to adopt
specific enforceable measures by a date certain, but not later than
one year from the date of approval. Georgia's November 4, 2021, SIP
revision supplements the July 2, 2020, submittal described later in
this section and renders the conditional approval request moot as
discussed in section II.
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II. Analysis of State's Submittal
As discussed above, section 182(a)(3)(B) of the CAA requires states
to submit a SIP revision requiring the owner or operator of each
NOX and VOC stationary source located in an ozone
nonattainment area to submit to the state annual emissions statements.
The first statement is due three years from
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the area's nonattainment designation, and subsequent statements are due
at least annually thereafter.
In 1996, EPA incorporated Georgia Rule 391-3-1-.02(6)(a)4,
Emissions Statements, into the SIP. See 61 FR 3819 (February 2, 1996).
At that time, this regulation applied to stationary sources within
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia
subsequently amended the regulation to, among other things, include
Bartow and Newton Counties thereby covering the entire Atlanta Area.
EPA incorporated these amendments into the SIP in 2009. See 74 FR 62249
(November 27, 2009). In Georgia's July 2, 2020, SIP revision, Georgia
certified that this SIP-approved regulation meets the requirements of
CAA Section 182(a)(3)(B) for the Area.\5\ Georgia's SIP-approved
regulation at 391-3-1-.02(6)(a)4(iii) states that the emissions
statements requirements in 391-3-1-.02(6)(a)4 apply to all stationary
sources of nitrogen oxides or volatile organic compounds which emit
more than 25 tons per calendar of either pollutant and are located in
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, or Walton counties. Pursuant to section
182(a)(3)(B), however, emissions statements are required for all
sources that emit 25 tons per year or more of either pollutant if the
waiver criteria are met. Therefore, Georgia requested conditional
approval of its July 2, 2020, SIP revision and committed to satisfy
section 182(a)(3)(B) for the 2015 8-hour ozone NAAQS by revising
Georgia Rule 391-3-1-.02(6)(a)4(iii) so that emissions reporting is
also required for sources that emit exactly 25 tons of VOC or
NOX per calendar year. The State committed to adopt this
rule revision no later than one year after EPA's conditional approval
of Georgia's July 2, 2020, SIP revision.
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\5\ As discussed in the preamble to the SIP Requirements Rule, a
state may rely on emissions statement rules in force and approved by
EPA for the 2015 8-hour ozone NAAQS provided that the rules remain
adequate and cover all portions of the 2015 ozone NAAQS
nonattainment areas. See 83 FR 62998 (December 6, 2018).
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On June 28, 2021, Georgia submitted a draft SIP revision for
parallel processing to supplement the July 2, 2020 SIP revision. The
June 28, 2021, submittal includes the new draft of Georgia Rule 391-3-
1-.02(6)(a)4(iii) and states that the aforementioned change to the rule
was presented to the Georgia Department of Natural Resources Board of
Directors (DNR Board) for adoption at its September 28, 2021, meeting,
along with changes to the rule to reflect only the counties comprising
the Atlanta Area. The submittal says that the changes will be submitted
to EPA as a SIP revision. The draft June 28, 2021, SIP revision was
submitted in final form on November 4, 2021.
As allowed by CAA section 182(a)(3)(B)(ii), Georgia waived the
emissions statements requirement for stationary sources emitting less
than 25 tpy of NOX or VOC because the State included these
emissions in an emissions inventory it submitted to EPA pursuant to CAA
section 182(a)(1) for the Atlanta Area. CAA section 182(a)(3)(B)(ii)
allows the state to waive the application of emissions statements
requirements to any class or category of stationary sources which emit
less than 25 tons per year of VOC or NOX if the State, in
its submissions under section 182(a)(1) or 182(a)(3)(A),\6\ provides an
inventory of emissions from such class or category of sources, based on
the use of the emission factors established by the Administrator or
other methods acceptable to the Administrator.
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\6\ CAA section 182(a)(3)(A) contains a triennial emissions
inventory requirement.
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Pursuant to CAA Section 182(a)(1), Georgia is required to submit a
comprehensive, accurate, current inventory of actual emissions from all
sources, as described in CAA section 172(c)(3), in accordance with
guidance provided by the Administrator. CAA Section 172(c)(3) states,
``Such plan provisions shall include a comprehensive, accurate, current
inventory of actual emissions from all sources of the relevant
pollutant or pollutants in such area including such periodic revisions
as the Administrator may determine necessary to assure that the
requirements of this part are met.'' Georgia's July 2, 2020, SIP
revision includes an emissions inventory submitted pursuant to CAA
section 182(a)(1) and states that it was prepared consistent with 83 FR
62998, ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements,'' and 40 CFR part 51.1315.'' Stationary sources emitting
less than 25 tpy of NOX or VOC are included in Georgia's
inventory in accordance with CAA section 182(a)(3)(B)(ii).
The emissions inventory that GA EPD provided in its submission to
satisfy the requirements in section 182(a)(1) of the CAA is included in
the docket for this rulemaking. EPA has proposed to approve the
emissions inventory portion of the July 2, 2020, SIP submission in a
separate rulemaking. Given the waiver criteria in section
182(a)(3)(B)(ii), EPA cannot approve the emissions statement portion of
the July 2, 2020, SIP submission as proposed herein unless EPA
finalizes approval of the emissions inventory portion of the submission
in that separate rulemaking.
EPA has preliminarily determined that Georgia's revised emissions
statements regulation meets the requirements under CAA section
182(a)(3)(B) and the SIP Requirements Rule for the 2015 8-hour ozone
NAAQS. Therefore, a conditional approval of the July 2, 2020, SIP
submittal is no longer necessary. Accordingly, EPA is proposing to
approve the July 2, 2020, SIP submittal, as updated by the November 4,
2021, SIP submittal.
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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Rule 391-3-1-.02(6)(a)4(iii), state-effective October 25,
2021. 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).
IV. Proposed Action
EPA is proposing to approve the July 2, 2020, SIP revision, as
updated by the November 4, 2021, SIP submittal, related to the
emissions statements requirements for the 2015 8-hour ozone NAAQS for
the Atlanta Area. EPA has preliminarily determined that Georgia's SIP
revisions requesting approval meet the requirements of CAA section
182(a)(3)(B).\7\ EPA proposes to find that the aforementioned
submissions meet the requirements of sections 110 and 182 of the CAA.
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\7\ As discussed in section II, EPA cannot approve the emissions
statement portion of the July 2, 2020, SIP submission as proposed
herein unless EPA finalizes approval of the emissions inventory
portion of the submission.
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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,
provided they meet the criteria of the
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CAA. This proposed 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);
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-26140 Filed 12-1-21; 8:45 am]
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