[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27519-27521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09706]



40 CFR Part 52

[EPA-R04-OAR-2022-0187; FRL-9606-02-R4]

Air Plan Approval; GA; Updates to References to Appendix W 
Modeling Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, through the Georgia Environmental Protection Division 
(GA EPD) on September 1, 2020. Specifically, EPA is finalizing approval 
of updates to the incorporation by reference of federal prevention of 
significant deterioration (PSD) new source review (NSR) regulations in 
the Georgia SIP. Based on the approval of this SIP revision, EPA is 
also converting the previous conditional approval regarding Georgia's 
infrastructure SIP's PSD elements for the 2015 Ozone National Ambient 
Air Quality Standard (NAAQS) to a full approval. EPA is finalizing 
approval of these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective June 8, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0187. 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz can also be reached via electronic mail at 
[email protected].


I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions meeting the applicable 
requirements of section 110(a)(2) within three years after promulgation 
of a new or revised NAAQS or within such shorter period as EPA may 
prescribe. Section 110(a)(2) requires states to address basic SIP 
elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP'' or ``iSIP.'' States 
were required to submit such SIP revisions for the 2015 8-hour ozone 
NAAQS to EPA no later than October 1, 2018.\1\

    \1\ In infrastructure SIP submissions, states generally certify 
evidence of compliance with sections 110(a)(1) and (2) of the CAA 
through a combination of state regulations and statutes, some of 
which have been incorporated into the SIP. In addition, certain 
federally-approved, non-SIP regulations may also be appropriate for 
demonstrating compliance with sections 110(a)(1) and (2).

    On September 24, 2018, Georgia met its requirement to submit an 
iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, deadline. 
EPA subsequently approved most of the infrastructure SIP elements for 
the 2015 Ozone NAAQS for the State. 2 3  However, regarding 
the PSD elements of section 110(a)(2)(C), (D)(i)(II) (prong 3), and (J) 
(hereinafter referred to as element C, Prong 3, and element J, 
respectively), EPA conditionally approved \4\ these portions of 
Georgia's iSIP submission because of outdated references to the federal 
guideline on air quality modeling found in Appendix W of 40 CFR part 

    \2\ For the State of Georgia, EPA approved most elements, except 
for the Prong 1 and Prong 2 interstate transport provisions, and the 
PSD provisions (elements C, Prong 3, and J), on March 11, 2020. See 
85 FR 14147.
    \3\ The Prong 1 and Prong 2 interstate transport provisions for 
Georgia, were approved on 12/2/2021. See 86 FR 68413.
    \4\ 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. If the state fails to meet the commitment 
within one year of the final conditional approval, the conditional 
approval will be treated as a disapproval and EPA will issue a 
finding of disapproval.
    \5\ EPA conditionally approved the PSD provisions of element C, 
Prong 3, and element J on April 15, 2020. See 85 FR 20836. The 
notice of proposed rulemaking associated with the conditional 
approval provides additional information regarding the CAA's PSD 
iSIP provisions. See 85 FR 7695 (February 11, 2020).

    For elements C and J to be approved for PSD, a state needs to 
demonstrate that its SIP meets the PSD-related infrastructure 
requirements of these sections. These requirements are met if the 
state's implementation plan includes a PSD program that meets current 
federal requirements. Element D(i)(II) (prong 3) is also approvable 
when a state's implementation plan contains a fully approved PSD 
program. EPA's PSD regulations at 40 CFR

[[Page 27520]]

51.166(l) require that modeling be conducted in accordance with 
Appendix W, Guideline on Air Quality Models. EPA promulgated the most 
current version of Appendix W on January 17, 2017. See 82 FR 5182. 
Therefore, in order to approve the iSIP PSD elements for the 2015 8-
hour ozone NAAQS, PSD regulations in SIPs are required to reference the 
most current version of Appendix W.
    As discussed in the conditional approval for the 2015 ozone iSIP 
PSD elements, Georgia's SIP contained outdated references to Appendix 
W, and the State committed to update the outdated references and submit 
a SIP revision within one year of EPA's final rule conditionally 
approving these PSD elements. Accordingly, Georgia was required to make 
its submission by April 15, 2021. Georgia met this commitment by 
submitting a SIP revision to correct the deficiencies on September 1, 
    Through a Notice of Proposed Rulemaking (NPRM), published on March 
16, 2022, EPA proposed to approve the September 1, 2020, revision to 
the SIP-approved PSD rule and proposed to convert the conditional 
approval to a full approval for Georgia, regarding element C, Prong 3, 
and element J, for the 2015 8-hour ozone NAAQS infrastructure SIP.\6\ 
See 87 FR 14817. Comments on the March 16, 2022, NPRM were due on or 
before April 15, 2022. EPA did not receive any comments on the March 
16, 2022, NPRM.

    \6\ EPA notes that in the March 16, 2022, NPRM, several 
references to the Georgia rules incorporated by reference contained 
typographical errors. References to 391-1-.02(7)(b)(21)(xi) and 391-
1-.02(7)(b)9, in the March 16, 2022, NPRM, should have read 391-
1-.02(7)(b)21.(xi) and 391-1-.02(7)(b)9. instead. See 87 FR 14817, 
at page 14818. Similarly, in the ``Proposed Action'' section of the 
March 16, 2022, NPRM, the reference to Georgia rule 391-1-02(7), 
should have read 391-1- .02(7) instead. See 87 FR 14817 at page 

II. 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(7), titled ``Prevention of Significant Deterioration of Air 
Quality,'' state effective July 29, 2020.\7\ 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.\8\

    \7\ This incorporation by reference excludes the automatic 
recission clause at 391-3-1-.02(7)(a)(2)(iv), and portions of Rule 
391-3-1-.02(7) incorporating by reference 40 CFR 52.21(b)(2)(v), and 
40 CFR 52.21(b)(3)(iii)(c). See 40 CFR 52.570(c).
    \8\ See 62 FR 27968 (May 22, 1997).

III. Final Action

    EPA is finalizing approval of the aforementioned changes to the 
Georgia Rule 391-3-1-.02(7), Prevention of Significant Deterioration of 
Air Quality. EPA is also converting the conditional approval for 
element C, Prong 3, and element J, for the 2015 8-hour ozone 
Infrastructure SIPs to a full approval based on these revisions to the 
SIP-approved PSD regulations for Georgia.

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 actions merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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.
    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 this action 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. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 8, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2) of the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

[[Page 27521]]

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 29, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

Sec.  52.569   [Removed and Reserved]

2. Remove and reserve Sec.  52.569;

3. In Sec.  52.570, in paragraph (c), amend the table by revising the 
entry for ``391-3-1-.02(7);'' and in paragraph (e), amend the table by 
adding an entry at the end of the table for ``110(a)(1) and (2) 
Infrastructure Requirements for the 2015 8-Hour Ozone NAAQS'' to read 
as follows:

Sec.  52.570   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
                                                     State effective
         State citation             Title/subject          date        EPA approval date        Explanation
                                                  * * * * * * *
391-3-1-.02(7).................  Prevention of            7/29/2020   5/9/2022, [Insert   Except for the
                                  Significant                          citation of         automatic rescission
                                  Deterioration of                     publication].       clause at 391-3-1 -
                                  Air Quality (PSD).                                       .02(7)(a)(2)(iv),
                                                                                           which EPA disapproved
                                                                                           on March 4, 2016.
                                                                                           Except for portions
                                                                                           of Rule 391-3-1-
                                                                                           .02(7) incorporating
                                                                                           by reference 40 CFR
                                                                                           52.21(b)(2)(v), and
                                                                                           40 CFR
                                                                                           because those CFR
                                                                                           provisions were
                                                                                           indefinitely stayed
                                                                                           by the Fugitive
                                                                                           Emissions Rule in the
                                                                                           March 30, 2011
                                                                                           rulemaking and have
                                                                                           not been approved
                                                                                           into the Georgia SIP.
                                                  * * * * * * *

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
                                     Applicable        State submittal
   Name of nonregulatory SIP        geographic or      date/effective     EPA approval date      Explanation
           provision             nonattainment area         date
                                                  * * * * * * *
110(a)(1) and (2)                Georgia...........  September 1, 2020.  5/9/2022, [Insert   Addressing the PSD
 Infrastructure Requirements                                              citation of         provisions related
 for the 2015 8-Hour Ozone                                                publication].       to major sources
 NAAQS.                                                                                       under sections
                                                                                              ) (prong 3), and
                                                                                              110(a)(2)(J) only.

[FR Doc. 2022-09706 Filed 5-6-22; 8:45 am]