Rule2022-09706
Air Plan Approval; GA; Updates to References to Appendix W Modeling Guidelines
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
May 9, 2022
Effective
June 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09706]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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 <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: 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
<a href="/cdn-cgi/l/email-protection#6f001d1b06150d001d1d0a1d004105001c1a0a2f0a1f0e41080019"><span class="__cf_email__" data-cfemail="b7d8c5c3decdd5d8c5c5d2c5d899ddd8c4c2d2f7d2c7d699d0d8c1">[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
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
[[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,
2020.
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.
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\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
14819.
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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
<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.\8\
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\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).
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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:
<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 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:
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
Sec. 52.569 [Removed and Reserved]
0
2. Remove and reserve Sec. 52.569;
0
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
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State effective
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
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
52.21(b)(3)(iii)(c),
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.
* * * * * * *
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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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* * * * * * *
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
110(a)(2)(C),
110(a)(2)(D)(i)(II
) (prong 3), and
110(a)(2)(J) only.
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[FR Doc. 2022-09706 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
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