Rule2022-04938
Air Plan Approval; Georgia; Atlanta Area Emissions Inventory and Emissions Statements Requirements for the 2015 8-Hour Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2022
Effective
April 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 46 (Wednesday, March 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#91f3f4fdfdbfe5f8f4e3f4ffe8d1f4e1f0bff6fee7"><span class="__cf_email__" data-cfemail="4b292e2727653f222e392e25320b2e3b2a652c243d">[email protected]</span></a>.
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
[[Page 13181]]
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 (NO<INF>X</INF>) 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 NO<INF>x</INF>. 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 NO<INF>X</INF> within the Atlanta Area,
EPA agrees that the July 2, 2020, submittal included sufficient
emissions information from sources within the Atlanta Area that emit
NO<INF>X</INF> 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 <a href="https://www.epa.gov/sips-ga/epa-approved-nonregulatory-provisions-and-quasi-regulatory-measures-georgia-sip">https://www.epa.gov/sips-ga/epa-approved-nonregulatory-provisions-and-quasi-regulatory-measures-georgia-sip</a>.
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
<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). 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:
<bullet> 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);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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,
[[Page 13182]]
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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart (L)--Georgia
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2. In Sec. 52.570:
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a. In paragraph (c), amend the table by revising the entry for ``391-3-
1-.02(6)''; and
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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]
BILLING CODE 6560-50-P
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