[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13179-13183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0400; EPA-R04-OAR-2020-0401; FRL-9274-02-R4]


Air Plan Approval; Georgia; Atlanta Area Emissions Inventory and 
Emissions Statements Requirements for the 2015 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of 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, to address the base 
year emissions inventory requirements and 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 in Georgia. 
These actions are being taken pursuant to the Clean Air Act (CAA or 
Act).

DATES: This rule is effective April 8, 2022.

ADDRESSES: EPA has established dockets for these actions under Docket 
Identification Nos. EPA-R04-OAR-2020-0400 and EPA-R04-OAR-2020-0401. 
All documents in these dockets are listed on the www.regulations.gov 
website. Although listed in the index for each docket, 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

[[Page 13180]]

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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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 strengthened the 8-hour ozone NAAQS, 
lowering the level of the NAAQS from 0.075 parts per million (ppm) to 
0.070 ppm. See 80 FR 65292 (October 26, 2015).\1\ Effective August 3, 
2018, EPA designated a seven-county area in and around metropolitan 
Atlanta, consisting of Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett, 
and Henry Counties in Georgia, as a Marginal nonattainment area for the 
2015 Ozone NAAQS. See 83 FR 25776 (June 4, 2018). Based on the 
nonattainment designation, Georgia was required to develop a SIP 
revision addressing certain CAA requirements for the Atlanta Area. The 
revision must include, among other things, a comprehensive, accurate, 
current inventory of actual emissions from all emissions sources in the 
nonattainment area, known as a ``base year inventory,'' pursuant to CAA 
section 182(a)(1) and emissions statements requirements pursuant to 
section 182(a)(3)(B). On July 2, 2020, the State of Georgia, through GA 
EPD, submitted SIP revisions addressing the base year emissions 
inventory and emissions statements requirements related to the 2015 8-
hour ozone NAAQS for the Atlanta Area.\2\ Subsequently, Georgia 
submitted an updated SIP revision on November 4, 2021, further 
addressing the emissions statements requirements.\3\ The SIP revision 
addressing the emissions statements requirements included modifications 
to Georgia Rule 391-3-1-.02(6)(a)4.(iii).
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    \1\ The 2015 Ozone NAAQS was promulgated on October 1, 2015, 
published on October 26, 2015, and effective December 28, 2015.
    \2\ On July 2, 2020, GA EPD also submitted a SIP revision 
providing a certification that existing SIP-approved Georgia rules 
satisfy the permit program requirements found in section 172(c)(5) 
of the CAA. EPA acted on this SIP revision in a separate rulemaking. 
See 87 FR 3677 (January 25, 2022).
    \3\ On November 4, 2021, GA EPD also submitted a SIP revision 
with changes to Rule 391-3-1-.02(2)(rr), ``Gasoline Dispensing 
Facility--Stage I''. EPA will act on that SIP revision in a separate 
rulemaking.
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    On November 26, 2021, and subsequently on December 2, 2021, EPA 
published Notices of Proposed Rulemaking (NPRMs) proposing to approve 
the July 2, 2020, SIP revision regarding the base year emissions 
inventory and the July 2, 2020, and November 4, 2021, SIP revisions 
regarding the emissions statements requirements for the Atlanta Area 
for the 2015 8-hour ozone NAAQS. See 86 FR 67409 and 86 FR 68449. More 
information on EPA's analysis of Georgia's July 2, 2020, and November 
4, 2021, SIP revisions, and how these SIP revisions address the above-
mentioned requirements, are provided in EPA's November 26, 2021, and 
December 2, 2021, NPRMs. Comments on EPA's November 26, 2021, NPRM were 
due on December 27, 2021. EPA received two comments on EPA's November 
26, 2021, NPRM.\4\ EPA's response is provided in Section II, below. 
Comments on EPA's December 2, 2021, NPRM were due on or before January 
3, 2022. No comments were received on EPA's December 2, 2021, NPRM.
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    \4\ EPA received two anonymous comments, which displayed the 
same email address, on the November 26, 2021, NPRM. Although EPA 
received these comments separately, the contents of these comments 
are duplicative in nature. In the ``Response to Comments'' section 
below, EPA's ``Response'' addresses both comments received on 
November 30, 2021. These comments are available in Docket No. EPA-
R04-OAR-2020-0400.
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    While EPA did not receive comments on the December 2, 2021, NPRM, 
EPA is herein providing non-substantive clarifications on the December 
2, 2021, NPRM. First, EPA would like to clarify that EPA received GA 
EPD's draft SIP submittal in a July 2, 2020, SIP revision. EPA 
subsequently received GA EPD's draft SIP revision supplementing the 
original SIP submittal, along with a parallel processing request, on 
July 1, 2021, through a letter dated June 28, 2021.
    Next, EPA notes that the following sentence in the December 2, 
2021, NPRM, found in Section II, ``Analysis of State's Submittal,'' in 
the first full paragraph of the first column on page 68451, should have 
included Barrow, Carroll, Hall, Spalding, and Walton Counties. These 
counties were inadvertently omitted from the December 2, 2021, NPRM in 
the sentence that states: ``Georgia subsequently amended the 
regulations to, among other things, include Bartow and Newton Counties 
thereby covering the entire Atlanta Area.'' On November 27, 2009, EPA 
approved a SIP revision that expanded the applicability of Georgia's 
emissions statement requirements to include Barrow, Bartow, Carroll, 
Hall, Newton, Spalding, and Walton Counties, which are part of the 
Atlanta 8-hour ozone nonattainment area. See 74 FR 62249.
    Next, in Section III, ``Incorporation by Reference,'' of the 
December 2, 2021, NPRM, on page 68451 in the third column in the second 
sentence, EPA inadvertently did not include a period after the ``4'' 
when referencing GA EPD's rule 391-3-1-.02(6)(a)4.(iii). Throughout the 
December 2, 2021, NPRM, the citation ``391-3-1-.02(6)(a)4(iii)'' should 
have been ``391-3-1-.02(6)(a)4.(iii)'' everywhere it appears.
    Lastly, EPA notes a typographical error in the November 26, 2021, 
NPRM. Specifically, in Section III, ``Analysis of State's Submittal,'' 
of the November 26, 2021, NPRM on page 67411, the NPRM states (emphasis 
added): ``Georgia obtained emissions for the non-road mobile sources 
from the 2014 NEI. Those emissions were estimated using EPA's National 
Mobile Inventory Model (NMIM) with updated NMIM County Database (NCD) 
files from GA EPD. A detailed account of non-road mobile sources can be 
found in Appendix D of the July 2, 2020, submittal.'' Instead of 
referencing ``EPA's National Mobile Inventory Model (NMIM) with updated 
NMIM County Database (NCD) files,'' EPA should have referenced EPA's 
Motor Vehicle Emission Simulator (MOVES) model, and the above sentences 
should have read (emphasis added), ``Georgia obtained emissions for the 
non-road mobile sources from the 2014 NEI. Those emissions were 
estimated using EPA's Motor Vehicle Emission Simulator (MOVES) model 
for each ozone nonattainment county. A detailed account of non-road 
mobile sources can be found in Appendix D of the July 2, 2020, 
submittal.''

II. Response to Comments

    As mentioned above, on November 30, 2021, EPA received two comments 
on the November 26, 2021, NPRM. These two comments are duplicative, so 
EPA is responding to them as one comment. EPA's comment summary and 
response are provided below.
    Comment: The commenter suggested that EPA's November 26, 2021, NPRM 
is EPA's method of combating and regulating ozone ``by releasing ozone 
in

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Georgia.'' The commenter notes that ``the source'' provides a lot of 
detail/information but expressed curiosity as to how the regulation of 
ozone in Georgia would be executed and whether it would cause 
significant changes in the State's air quality.
    Response: EPA finds the comments somewhat unclear. The rationale 
for EPA's proposed action regarding Georgia's emissions inventory is 
explained in the November 26, 2021, NPRM which includes an explanation 
concerning the purpose of the emissions inventory for the Atlanta Area. 
In the November 26, 2021, NPRM, EPA proposed approval of Georgia's SIP 
revision to address the base year emissions inventory requirements for 
the Atlanta Area. CAA section 182(a)(1) requires ozone nonattainment 
areas classified as Marginal or above to submit a comprehensive, 
accurate, current inventory of actual emissions from all sources of 
nitrogen oxide (NOX) and volatile organic compounds (VOC) in 
the nonattainment area. Contrary to what the comments may be implying, 
EPA approval of this inventory does not result in ``releasing ozone'' 
or ozone precursors such as VOC or NOx. Further, EPA 
approval of the inventory does not impose any regulations on any 
sources. EPA is now determining that the July 2, 2020, SIP revision 
meets the requirements of CAA section 182(a)(1). CAA section 182(a)(1) 
and corresponding federal regulations cited in the NPRM outline the 
emissions inventory requirements for areas designated as nonattainment 
for the 2015 8-hour ozone NAAQS.
    EPA is unclear on how the commenter intended to use the term 
``source.'' If the commenter's reference to ``the source'' means 
sources that emit VOC and/or NOX within the Atlanta Area, 
EPA agrees that the July 2, 2020, submittal included sufficient 
emissions information from sources within the Atlanta Area that emit 
NOX and VOC. If, instead, the commenter's reference to ``the 
source'' means the NPRM, EPA agrees that the NPRM included sufficient 
information about EPA's action.
    Regarding the commenter's question related to the execution of 
regulating ozone in Georgia, the ozone standards are applied, or 
implemented, by controlling air pollution from emission sources. The 
CAA requires EPA to set NAAQS for certain pollutants, including ozone, 
that are considered harmful to public health and the environment and 
come from numerous and diverse sources. States are required under CAA 
section 110(a) to submit infrastructure SIPs that implement, maintain, 
and enforce new or revised NAAQS within three years of EPA issuing the 
standard (or such shorter period as the EPA Administrator may 
prescribe). Furthermore, each state that contains all or part of an 
ozone nonattainment area is required to submit a SIP revision 
addressing the requirements of CAA sections 172 and 182. In general, 
the SIP consists of programs, including air quality monitoring, air 
quality modeling, emission inventories, emission control strategies, 
and documents (policies and rules) that the state uses to attain and 
maintain the NAAQS. For further information on how Georgia regulates in 
accordance with the CAA's requirements for the ozone standards, please 
see several ozone regulations in the Georgia SIP online at https://www.epa.gov/sips-ga/epa-approved-nonregulatory-provisions-and-quasi-regulatory-measures-georgia-sip.

III. 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-.02(6), Source Monitoring, Paragraph (a)4., Emission 
Statements, state effective on 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). 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.\5\
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    \5\ See 62 FR 27968 (May 22, 1997).
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IV. Final Actions

    EPA is approving the aforementioned SIP revisions submitted by 
Georgia on July 2, 2020, and November 4, 2021, addressing the base year 
emissions inventory and the emissions statements requirements for the 
2015 8-hour Ozone NAAQS for the Atlanta Area. EPA has determined that 
the Atlanta Area base year emissions inventory and the emissions 
statements requirements SIP revisions meet the requirements for the 
2015 ozone NAAQS for the Atlanta Area.

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 that they meet the criteria of the CAA. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not significant regulatory actions 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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,

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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 report containing these actions 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. These actions are not ``major rules'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of these actions must be filed in the United States Court of Appeals 
for the appropriate circuit by May 9, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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(s) or 
action(s). These actions may not be challenged later in proceedings to 
enforce their requirements. See section 307(b)(2).

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.

    Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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. In Sec.  52.570:
0
a. In paragraph (c), amend the table by revising the entry for ``391-3-
1-.02(6)''; and
0
b. In paragraph (e), amend the table by adding an entry for ``Atlanta 
Area Base Year Emissions Inventory for the 2015 Ozone NAAQS'' at the 
end of the table.
    The revision and addition 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-.02(6)................  Source Monitoring...        8/1/2013  7/28/2017, 82 FR      Except paragraph
                                                                       35108.                (a)4., approved on
                                                                                             3/9/2022, with a
                                                                                             State effective
                                                                                             date of 10/25/2021.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                                 EPA Approved Georgia Non-Regulatory Provisions
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                                       Applicable       State submittal
    Name of nonregulatory SIP        geographic or      date/ effective   EPA approval date       Explanation
            provision              nonattainment area        date
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                                                  * * * * * * *
Atlanta Area Base Year Emissions  Bartow, Clayton,             7/2/2020  3/9/2022, [Insert
 Inventory for the 2015 Ozone      Cobb, Dekalb,                          citation of
 NAAQS.                            Fulton, Gwinnett,                      publication].
                                   and Henry Counties.
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[FR Doc. 2022-04938 Filed 3-8-22; 8:45 am]
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