Proposed Rule2022-05396
Air Plan Approval; GA; Updates to References to Appendix W Modeling Guidelines
Primary source
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Published
March 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve 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 proposing to approve 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 proposal to approve this SIP revision, EPA is also proposing to convert 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 proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)</title>
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[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Proposed Rules]
[Pages 14817-14819]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05396]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0187; FRL-9606-01-R4]
Air Plan Approval; GA; Updates to References to Appendix W
Modeling Guidelines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 proposing to
approve 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 proposal to approve this SIP revision,
EPA is also proposing to convert 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 proposing to approve these changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on or before April 15, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0187 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, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#3b54494f5241595449495e4954155154484e5e7b5e4b5a155c544d"><span class="__cf_email__" data-cfemail="92fde0e6fbe8f0fde0e0f7e0fdbcf8fde1e7f7d2f7e2f3bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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
[[Page 14818]]
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\
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\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).
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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.<SUP>2 3</SUP> 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
51.\5\
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\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).
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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 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 or before the
applicable deadline. Through this Notice of Proposed Rulemaking (NPRM),
EPA is proposing to approve revisions to the SIP-approved PSD rule and
is proposing to convert the conditional approval to full approval for
Georgia, regarding element C, Prong 3, and element J, for the 2015 8-
hour ozone NAAQS infrastructure SIP.
II. What is EPA's approach to the review of infrastructure SIP
submissions?
As discussed above, whenever EPA promulgates a new or revised
NAAQS, CAA section 110(a)(1) requires states to submit infrastructure
SIPs that meet the various requirements of CAA section 110(a)(2), as
applicable. Due to ambiguity in some of the language of CAA section
110(a)(2), EPA believes that it is appropriate to interpret these
provisions in the specific context of acting on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the
application of these provisions through a guidance document for
infrastructure SIP submissions and through regional actions on
infrastructure submissions.\6\ Unless otherwise noted below, EPA is
following that existing approach in acting on these submissions. In
addition, in the context of acting on such infrastructure submissions,
EPA evaluates the submitting state's implementation plan for facial
compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\7\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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\6\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at <a href="https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf">https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf</a>), as well as in numerous agency actions, including EPA's prior
action on Georgia infrastructure SIPs to address the 2010 Nitrogen
Dioxide NAAQS. See 81 FR 41905 (June 28, 2016).
\7\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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III. EPA's Analysis of the September 1, 2020, Submittal
On September 1, 2020, Georgia submitted a SIP revision to address
its outdated reference to 40 CFR part 51, Appendix W, and to meet the
PSD Infrastructure SIP requirements for the 2015 8-hour ozone NAAQS.\8\
The SIP revision includes changes to the SIP-approved PSD rule to
update the incorporation by reference date for 40 CFR 52.21, including
the reference to Appendix W in 40 CFR 52.21(l), and a request to
convert the April 15, 2020, conditional approval of the PSD
requirements of element C, Prong 3, and element J, of Georgia's 2015 8-
hour ozone NAAQS infrastructure SIP to a full approval.
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\8\ 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.
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Specifically, the September 1, 2020, SIP revision makes changes to
Georgia's Rule 391-3-1-.02(7), Prevention of Significant Deterioration
of Air Quality. Paragraph (7) previously incorporated federal PSD
regulations at 40 CFR 52.21 as promulgated through October 18, 2016.
However, the September 1, 2020, SIP revision updates this incorporation
by reference date to January 17, 2017. Additionally, Georgia made minor
corrections in paragraph (7) by deleting commas after the CFR in
citations to Federal rules and adding the word ``Part'' to a citation
to 40 CFR part 52.21(aa)(12)(i)(b) in (7)(b)(21)(xi) for consistency
with other citations to 52.21.
As explained in the April 15, 2020, conditional approval notice,
Georgia committed to update its PSD regulations to reference the most
current version of Appendix W. EPA promulgated the most current version
of Appendix W on January 17, 2017. See 82 FR 5182. Paragraph 391-3-
1-.02(7)(b)9 specifically incorporates the modeling provisions of 40
CFR 52.21(l), which in turn requires that modeling be conducted in
accordance with the Guideline on Air Quality Models in Appendix W of 40
CFR part 51. By updating the incorporation by reference date of the 40
CFR 52.21 provisions
[[Page 14819]]
referenced in Paragraph 391-3-1-.02(7) in the State's PSD regulations
to January 17, 2017, Georgia's PSD regulations include the requirement
to use the most recent version of Appendix W when carrying out air
quality modeling for PSD purposes. Thus, EPA is proposing to find that
Georgia satisfied the requirements of the PSD elements for the 2015 8-
hour ozone infrastructure SIP and met the commitment associated with
the conditional approval. For the reasons stated above, EPA is
proposing to incorporate the changes into the Georgia SIP and convert
the April 15, 2020, conditional approval of element C, Prong 3, and
element J, of Georgia's 2015 8-hour ozone NAAQS infrastructure SIP to a
full approval.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA 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-.02(7), titled ``Prevention of
Significant Deterioration of Air Quality,'' state effective July 29,
2020.\9\ 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).
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\9\ 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).
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V. Proposed Action
EPA is proposing to approve the aforementioned changes to the
Georgia Rule 391-3-1-02(7), Prevention of Significant Deterioration of
Air Quality, and convert the conditional approval for element C, Prong
3, and element J, for the 2015 8-hour ozone Infrastructure SIPs to a
full approval.
VI. 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: March 9, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-05396 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P
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