[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7786-7788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0702 FRL-9537-01-R4]


Air Plan Approval; Georgia; Air Quality Control, Miscellaneous 
Rule Revisions to Definitions and Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Georgia state implementation plan (SIP) 
submitted on behalf of the State of Georgia by the Georgia 
Environmental Protection Division (GA EPD) through a letter dated 
September 1, 2020. This revision includes changes to the State's air 
quality regulations incorporated into the SIP by changing the 
definition of ``pollution control project'' and making minor changes to 
the corresponding minor new source review (NSR) permitting regulations 
for consistency. EPA is proposing to approve this SIP revision because 
the State has demonstrated that these changes are consistent with the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before March 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0702 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,

[[Page 7787]]

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. The telephone number is 
(404) 562-9144. Ms. Williams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 110(a)(2)(C) of the CAA requires that SIPs include a 
program for regulating the construction and modification of stationary 
sources as necessary to ensure that the national ambient air quality 
standards (NAAQS) are achieved. This program is known as NSR and is 
composed of three separate programs for issuing permits for the 
construction of new sources and the modification of existing sources: 
Prevention of Significant Deterioration (PSD), Nonattainment New Source 
Review (NNSR), and minor NSR. PSD applies to major stationary sources 
in areas designated as attainment or unclassifiable for a NAAQS; NNSR 
applies to major stationary sources in nonattainment areas; and the 
minor NSR program applies to new or modified stationary sources that do 
not require PSD or NNSR permits, as necessary to assure that NAAQS are 
achieved.\1\ Georgia has a SIP-approved minor NSR program at Georgia 
Rule 391-3-1-.03, and this notice of proposed rulemaking (NPRM) 
pertains to certain Georgia SIP-approved rules regulating minor NSR 
program permit exemptions.
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    \1\ Areas that EPA has determined to be in attainment with a 
NAAQS are designated as ``attainment areas;'' areas that EPA has 
determined to have insufficient information to determine whether the 
area meets a NAAQS are designated as ``unclassifiable areas;'' and 
areas that EPA has determined to be in violation of a NAAQS are 
designated as ``nonattainment areas.''
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    EPA is proposing to approve a SIP revision submitted on behalf of 
the State of Georgia by GA EPD through a letter dated September 1, 
2020.\2\ This revision changes the definition of ``pollution control 
project'' (PCP) at Georgia Rule 391-3-1-.01(qqqq). Pursuant to Rule 
391-3-1-.03(6), ``Exemptions,'' at subsection (j),\3\ PCPs are exempt 
from the requirement to obtain a minor source construction permit under 
Georgia Rule 391-3-1-.03(1), ``Construction (SIP) Permits.'' The 
submittal first changes the definition of PCP to require that any 
collateral emissions increase from a PCP must be lower than the 
emissions thresholds established to exempt cumulative modifications at 
Rule 391-3-1-.03(6)(i)3.(i)-(v) from minor source construction 
permitting.\4\ Secondly, the definition is changed to revise the list 
of projects that are presumed to be environmentally beneficial and 
qualify as PCPs. Lastly, the definition is revised to change rule 
cross-references for consistency with the revision to the list of 
projects. The September 1, 2020, SIP revision also makes changes to 
Rule 391-3-1-.03, ``Permits,'' at section (6)(j), ``Construction Permit 
Exemption for Pollution Control Projects'' to update the cross-
references to Rule 391-3-1-.01(qqqq) to correspond to the updated list 
of projects. The changes to Rule 391-3-1-.03(6) also include minor 
administrative edits that do not change the meaning of the existing 
SIP-approved provisions.
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    \2\ The September 1, 2020, submittal contains changes to other 
SIP-approved rules that are not addressed in this notice. EPA will 
be acting on those rules separately.
    \3\ EPA approved the PCP definition into the SIP, with the 
exception of subsections (qqqq)1. and (qqqq)3.-8., on May 29, 2020. 
See 85 FR 32300.
    \4\ SIP-approved Rule 391-3-1-.03(6)(i)3 states ``Cumulative 
modifications not covered in an existing permit to an existing 
permitted facility where the combined emission increases (excluding 
any contemporaneous emission decreases, i.e., ``netting'' is not 
allowed) from all nonexempt modified activities are below the 
following thresholds for all pollutants: (i) 25 tons per year of 
carbon monoxide; (ii) 150 pounds per year total with a 1.5 pound per 
day maximum emission of lead; (iii) 10 tons per year of particulate 
matter, PM10 or sulfur dioxide; (iv) 10 tons per year of 
nitrogen oxides or volatile organic compounds (VOCs) except in the 
counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale, 
where less than 2.5 tons per year of nitrogen oxides or VOCs is 
exempted; and (v) 2 tons per year total with a 15 pound per day 
maximum emission of any single hazardous air pollutant and less than 
5 tons per year of any combination of hazardous air pollutants.''
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    Federal regulations governing the implementation of minor NSR 
programs are codified at 40 CFR 51.160 through 51.164. With regard to 
revisions to SIPs, CAA section 110(l) provides that EPA shall not 
approve a revision to a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in CAA Section 171), or any other applicable 
requirement of the CAA. Section 193 of the CAA provides, in part, that 
``No control requirement in effect, or required to be adopted by an 
order, settlement agreement, or plan in effect before November 15, 
1990, in any area which is a nonattainment area for any air pollutant 
may be modified after November 15, 1990, in any manner unless the 
modification insures equivalent or greater emission reductions of such 
air pollutant.'' \5\ EPA believes the proposed changes submitted by 
Georgia will not lead to any increases of NAAQS pollutants and will not 
otherwise interfere with any CAA applicable requirement. The changes to 
the PCP rules and EPA's rationale for proposing approval are described 
in more detail in section II of this NPRM.
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    \5\ Several counties in the Atlanta, Georgia metropolitan area 
are designated as marginal nonattainment for the 2015 8-hour ozone 
NAAQS. See 40 CFR 81.311.
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II. Analysis of the State's Submission

    EPA is proposing to approve changes to the definition of 
``pollution control project'' at section (qqqq) of Rule 391-3-1-.01, 
``Definitions.'' The changes add language to ensure that an 
environmentally beneficial activity, set of work practices, or projects 
at an existing emissions unit that reduces emissions may be considered 
a PCP only if any associated collateral emissions increase is less than 
the thresholds listed in Rule 391-3-1-.03(6)(i)3.(i)-(v). This change 
to the definition is SIP-strengthening as it acts to restrict the PCP 
construction permitting exemption in SIP-approved Rule 391-3-
1-.03(6)(j) to projects with emissions below the thresholds in Rule 
391-3-1-.03(6)(i)3.
    The State revised the number of projects listed in section 391-3-
1-.01(qqqq) that are presumed to be environmentally beneficial and 
qualify as PCPs by removing subsections (qqqq)1., 3., 5., 6., 7. and 8. 
However, subsections (qqqq)1. and 3. through 8. are not in the SIP.\6\ 
Therefore, the net proposed change to the Georgia SIP is that SIP-
approved subsection (qqqq)2. is renumbered as (qqqq)1.\7\ and a new 
(qqqq)2 is added.\8\ Adding the projects

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listed in subsection (qqqq)2. would not increase the number of projects 
exempt from permitting under the SIP because they must have emissions 
below the thresholds in the revised PCP definition, and therefore, 
already qualify for the SIP permitting exemption found at subsection 
391-3-1-.03(6)(i)3. Lastly, the definition is revised to change rule 
cross-references to the listed PCP subsections from 391-3-1-.01(qqqq)1. 
through 8. to 391-3-1-.01(qqqq)1. and 2. for consistency with the 
revision to the list of projects.
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    \6\ See 85 FR 32300 (May 29, 2020).
    \7\ SIP-approved Subsection (qqqq)2., proposed to be renumbered 
as (qqqq)1., lists ``[e]lectrostatic precipitators, baghouses, high-
efficiency multiclones, or scrubbers for control of particulate 
matter or other air contaminants.''
    \8\ The new subsection (qqqq)2. states ``[r]egenerative thermal 
oxidizers, catalytic oxidizers, condensers, thermal incinerators, 
hydrocarbon combustion flares, biofiltration, absorbers and 
adsorbers, and floating roofs for storage vessels for control of 
volatile organic compounds or hazardous air pollutants. For this 
section, `hydrocarbon combustion flare' means either a flare used to 
comply with an applicable New Source Performance Standard or Maximum 
Available Control Technology standard (including uses of flares 
during startup, shutdown, or malfunction permitted under such a 
standard), or a flare that serves to control emissions of waste 
streams comprised predominately of hydrocarbons and containing no 
more than 230 mg/dscm hydrogen sulfide.''
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    In addition, this revision modifies cross-references in Rule 391-3-
1-.03(6), ``Exemptions,'' to align with revisions made in section 
.01(qqqq) by changing the citation ``subsection 391-3-1-.01(qqqq)1. 
through 8.'' to ``subsection 391-3-1-.01(qqqq)1. and 2.'' Furthermore, 
this revision replaces the phrase ``million BTUs per hour'' with its 
abbreviated form, ``MMBtu/hr,'' throughout Rule 391-3-1-.03(6) and 
makes a change at subparagraph 391-3-1-.03(6)(h)14.(vii) by adding the 
word ``and'' to the end of a phrase for clarity.
    Because the aforementioned changes do not alter the universe of 
sources exempted from minor source construction permitting under the 
SIP with this revision, Georgia's SIP is not being relaxed. Therefore, 
EPA believes that these changes are consistent with CAA sections 110(l) 
and 193, and requirements for minor source permitting in CAA section 
110(a)(2)(C) and federal regulations. Thus, EPA is proposing to approve 
the SIP revision.

II. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Georgia Rule 391-3-1-.01, ``Definitions'' at section (qqqq), 
state effective on July 29, 2020, which revises the definition of 
``Pollution control project,'' and Georgia Rule 391-3-1-.03(6), 
``Exemptions,'' also state effective on July 29, 2020, which is revised 
to establish consistency with the proposed revisions to 391-3-
1-.01(qqqq). 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).

III. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Georgia SIP. Specifically, EPA is proposing to approve the revisions to 
section (qqqq) of Rule 391-3-1-.01, ``Definitions'' and throughout 
section 391-3-1-.03(6), ``Exemptions.'' EPA is proposing to approve 
these changes because they are 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 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);
     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: February 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-02721 Filed 2-9-22; 8:45 am]
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