[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9452-9453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0002; FRL-9413-01-R4]


Approval and Promulgation of Implementation Plans; Georgia: 
Approval of Revisions to State Implementation Plan; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction and clarification.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting 
statements contained in a July 11, 2002, Federal Register notice of 
direct final rulemaking approving changes to the Georgia State 
Implementation Plan (SIP). Specifically, EPA stated that it was 
approving a change to the public notice requirements in Georgia's SIP 
for federally-enforceable operating permits. However, this change was 
never effective at the state level and, therefore, was never 
incorporated into the SIP. EPA is publishing this correction notice to 
eliminate any potential confusion regarding the public notice 
requirements in Georgia's SIP for these permits.

DATES: Effective February 22, 2022.

ADDRESSES: EPA has established a docket for this notice of correction 
under Docket Identification No. EPA-R04-OAR-2022-0002 to provide 
electronic access to the July 11, 2002, submittal. All documents in the 
docket are listed on the www.regulations.gov website. Although listed 
in the index, some information may not be 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: D. Brad Akers, 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. Mr. Akers can be 
reached via telephone at 404-562-9089 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Section 110 of the Clean Air Act (CAA) 
requires states to develop and submit to EPA a SIP to ensure that state 
air quality meets the National Ambient Air Quality Standards (NAAQS). 
These NAAQS currently address six criteria pollutants: Carbon monoxide, 
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. 
Each state has a SIP containing the control measures and strategies 
used to attain and maintain the NAAQS. The SIP is extensive, containing 
such elements as air pollution control and permitting regulations, 
emission inventories, attainment demonstrations, and enforcement 
mechanisms. Each state must formally adopt the elements it proposes to 
include in its SIP after the public has had an opportunity to comment 
on them and must then submit the proposed SIP revisions to EPA. If the 
revisions meet all relevant CAA requirements, EPA must approve them 
through notice and comment rulemaking and incorporate the elements into 
the SIP at 40 Code of Federal Regulations part 52--``Approval and 
Promulgation of Implementation Plans.'' \1\
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    \1\ Georgia's SIP is set forth at 40 CFR 52.570.
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    EPA incorporated Georgia's ``Operating (SIP) Permits'' rule--Ga. 
Comp. R. & Regs. 391-3-1-.03, Permits, at Section (2) (hereinafter Rule 
391-3-1-.03(2))--into the Georgia SIP on August 30, 1995. See 60 FR 
45048. Paragraph (i) of this rule requires the State to notify EPA and 
the public prior to issuing any federally-enforceable operating permit 
and provide the opportunity to comment on the draft permit. Georgia has 
not revised this public notice provision since its initial 
incorporation into the SIP.\2\
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    \2\ The SIP-approved version of Rule 391-3-1-.03(2) states 
``Prior to the issuance of any federally enforceable operating 
permit, EPA and the public will be notified and given a chance for 
comment on the draft permit.''
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    On July 11, 2002 (67 FR 45909), EPA approved numerous changes to 
the Georgia SIP through a direct final rule. This rule addressed 
regulatory changes transmitted to EPA on December 6, 1999, March 21, 
2000, January 4, 2001, August 21, 2001, and December 28, 2001, by the 
State of Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (also known as GA EPD).
    GA EPD's March 21, 2000, submittal contained several revisions to 
Rule 391-3-1-.03 and information indicating that it included changes to 
Rule 391-3-1-.03(2) for EPA approval. Specifically, the submittal 
contained a strikeout/underline draft version of Rule 391-3-
1-.03(2)(i), that purported to eliminate the phrase ``on the draft 
permit.'' In the preamble of the July 11, 2002, notice of direct final 
rulemaking, EPA indicated it was removing this phrase, stating that 
``Rule 391-3-1-.03(2)(i) is being amended to allow the public and EPA 
notification and review of a permit application to begin upon receipt 
of a permit application rather than upon completion of a draft 
permit.'' 3 4 See 67 FR 45909 at 45910. However, the 
submittal also included a final version of the rule that retained the 
phrase ``on the draft permit'' and a hearing record showing that the 
draft version of Rule 391-3-1-.03(2)(i) (eliminating the phrase ``on 
the draft permit''), was never adopted by the Georgia Board of Natural 
Resources, and, therefore, was never state effective.
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    \3\ EPA erroneously made the draft change to Rule 391-3-
1-.03(2)(i) in its online Georgia SIP compilation at https://www.epa.gov/sips-ga. EPA will correct this error in the SIP 
compilation at the time of publication or shortly thereafter.
    \4\ The SIP table at 40 CFR 52.570(c) contains an error in the 
entry for Rule 391-3-1-.03(2) indicating a December 26, 2001, state 
effective date. EPA intends to correct this table entry to reflect a 
state effective date of August 17, 1994, in the next routine update 
to the materials incorporated by reference into the Georgia SIP.
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    The direct final rule incorporated the final version of Rule 391-3-
1-.03 into the SIP at 40 CFR 52.570(c). Because the draft change to the 
public notice requirement in Rule 391-3-1-.03(2)(i) (eliminating the 
phrase ``on the draft permit''), was never state effective, EPA could 
not have incorporated it into the SIP. Therefore, EPA did not approve 
any change to 391-3-1-.03(2) in the July 11,

[[Page 9453]]

2002, direct final rule, and the preamble description of EPA's action 
was erroneous.

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 4, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-03605 Filed 2-18-22; 8:45 am]
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