Proposed Rule2022-02721
Air Plan Approval; Georgia; Air Quality Control, Miscellaneous Rule Revisions to Definitions and Permitting
Primary source
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Published
February 10, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
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
<a href="/cdn-cgi/l/email-protection#43342a2f2f2a222e306d332622312f262d26032633226d242c35"><span class="__cf_email__" data-cfemail="75021c19191c1418065b0510140719101b10351005145b121a03">[email protected]</span></a>.
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, PM<INF>10</INF> 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
[[Page 7788]]
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]
BILLING CODE 6560-50-P
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