Rule2022-07131
Air Plan Approval; Georgia; Air Quality Control, Miscellaneous Rule Revisions to Definitions and Permitting
Primary source
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Published
April 5, 2022
Effective
May 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 approving 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 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19643-19645]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07131]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0702; FRL-9537-02-R4]
Air Plan Approval; Georgia; Air Quality Control, Miscellaneous
Rule Revisions to Definitions and Permitting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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
approving this SIP revision because the State has demonstrated that
these changes are consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective May 5, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0702. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: Pearlene Williams-Miles, 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, GA 30303-8960. The telephone
number is (404) 562-9144. Ms. Williams-Miles can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#e9be8085858088849aa480858c9ac7b98c889b858c878ca98c9988c78e869f"><span class="__cf_email__" data-cfemail="efb8868383868e829ca286838a9cc1bf8a8e9d838a818aaf8a9f8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a SIP revision submitted on behalf of the State of
Georgia by GA EPD through a letter dated September 1, 2020.\1\ This
revision changes the definition of ``pollution control project'' (PCP)
at Georgia Rule 391-3-1-.01(qqqq) and the scope of the corresponding
permitting provisions related to PCPs at Rule 391-3-1-.03(6),
``Exemptions,'' at subsection (j). Pursuant to Rule 391-3-
1-.03(6)(j),\2\ 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.\3\ Secondly, the
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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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\1\ 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.
\2\ 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.
\3\ 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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On February 10, 2022, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve the September 1, 2020, SIP revision
regarding updates to Georgia's ambient air quality standard rules. See
87 FR 7786. The February 10, 2022, NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the February 10, 2022, NPRM were due on or before March 14, 2022. EPA
received no comments on the February 10, 2022, NPRM.
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 finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of 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,'' \4\ also
state effective on July 29, 2020, which is revised to establish
consistency with the 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).
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\4\ The table entry for Georgia Rule 391-3-1-.03(6),
``Exemptions,'' at 40 CFR 52.570(c) is revised in this action to
include an explanation clarifying that 391-3-1-.03(6)(b)16 is not
part of the SIP. Georgia submitted a SIP revision on August 22,
2007, to add (b)16 to the SIP. In a November 27, 2009, notice of
final rulemaking, EPA stated that it was not acting on the portion
of Georgia's August 22, 2007, SIP revision addressing (b)16 (see 74
FR 62249), and the State withdrew this provision from EPA
consideration through a letter dated August 5, 2015.
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III. Proposed Action
EPA is approving the aforementioned changes to the Georgia SIP.
Specifically, EPA is approving the revisions to section (qqqq) of Rule
391-3-1-.01, ``Definitions'' and throughout section 391-3-1-.03(6),
``Exemptions.'' EPA is approving 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 that they meet the criteria of the CAA. These 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:
<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.
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.
804(2).
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 June 6, 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
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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).
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.
Dated: March 30, 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, amend the table in paragraph (c) by revising the
entries for ``391-3-1-.01'' and ``391-3-1-.03(6)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
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State
State citation Title/subject effective EPA approval Explanation
date date
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391-3-1-.01............ Definitions............ 7/29/2020 4/5/2022, Except the first paragraph,
[Insert sections (a)-(nn), (pp)-(ccc),
citation of (eee)-(jjj), (nnn)-(bbbb),
publication]. (dddd)-(kkkk), (mmmm), (rrrr)-
(ssss), approved on 12/4/2018
with a State-effective date of
7/20/2017; sections (ddd) and
(cccc) approved on 2/2/1996
with a State-effective date of
11/20/1994; (nnnn), approved
on 1/5/2017 with a State-
effective date of 8/14/2016;
and sections (oooo) and (pppp)
which are not in the SIP.
* * * * * * *
391-3-1-.03(6)......... Exemptions............. 7/29/2020 4/5/2022, With the exception of Rule 391-
[Insert 3-1-.03(6)(b)16.
citation of
publication].
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[FR Doc. 2022-07131 Filed 4-4-22; 8:45 am]
BILLING CODE 6560-50-P
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