Rule2024-02321
Air Plan Approval; GA; Miscellaneous Rule Revision
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
February 6, 2024
Effective
March 7, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (EPD) via a letter dated October 20, 2022. The revision seeks to change Georgia's Rules for Air Quality Control in the SIP by removing the 1971 annual and 24-hour ambient air quality primary standard for sulfur dioxide (SO<INF>2</INF>), which no longer apply in Georgia as of April 30, 2022. EPA is approving this SIP revision because the State has demonstrated that this change is consistent with the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8076-8078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02321]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0232; FRL-11600-02-R4]
Air Plan Approval; GA; Miscellaneous Rule Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Georgia,
through the Georgia Environmental Protection Division (EPD) via a
letter dated October 20, 2022. The revision seeks to change Georgia's
Rules for Air Quality Control in the SIP by removing the 1971 annual
and 24-hour ambient air quality primary standard for sulfur dioxide
(SO<INF>2</INF>), which no longer apply in Georgia as of April 30,
2022. EPA is approving this SIP revision because the State has
demonstrated that this change is consistent with the Clean Air Act (CAA
or Act).
DATES: This rule is effective March 7, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0232. 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, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#630c11170a19010c111106110c4d090c101606230613024d040c15"><span class="__cf_email__" data-cfemail="0b64797f6271696479796e7964256164787e6e4b6e7b6a256c647d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
When EPA revised the primary SO<INF>2</INF> national ambient air
quality standards (NAAQS) on June 2, 2010, to a new 1-hour short-term
SO<INF>2</INF> standard at a level of 75 parts per billion (ppb)
(codified at 40 CFR 50.17) <SUP>1 2</SUP> the agency concluded it was
appropriate to revoke the 24-hour and annual primary standards, stating
``a 1-hour standard at [a] level of 75 ppb would have the effect of
maintaining 24-hour and annual SO<INF>2</INF> concentrations generally
well below the levels of the current 24-hour and annual NAAQS''. See 75
FR 35550. Even though the 2010 1-hour standard was considered more
protective than the previous SO<INF>2</INF> NAAQS, EPA included anti-
backsliding provisions to ensure that the health protection provided by
the prior 24-hour and annual SO<INF>2</INF> standards continues to be
achieved as well as maintained as states transition to the new
standard. Specifically, 40 CFR 50.4(e) provides that the 1971
SO<INF>2</INF> NAAQS will no longer apply to an area one year after the
effective date of the designation of that area for the 2010
SO<INF>2</INF> NAAQS set forth in Sec. 50.17; except that the 1971
SO<INF>2</INF> NAAQS remains in effect for areas that are nonattainment
for that NAAQS as of the effective date of the 2010 SO<INF>2</INF>
NAAQS, and areas not meeting the requirements of a SIP call with
respect to requirements for the 1971 SO<INF>2</INF> NAAQS until that
area submits, and EPA approves, an implementation plan providing for
attainment of the 2010 SO<INF>2</INF> NAAQS.\3\
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\1\ The 1-hour SO<INF>2</INF> standard provide requisite
protection of public health with an adequate margin of safety. The
1-hour standard is met at an ambient air quality monitoring site
when the 3-year average of the annual 99th percentile of daily
maximum 1-hour average concentrations is less than or equal to 75
ppb, as determined in accordance with appendix T to 40 CFR part 50
and 40 CFR 50.17(a) and (b) EPA established See 75 FR 35520 and
<a href="https://www.gpo.gov/fdsys/pkg/FR-2010-06-22/pdf/2010-13947.pdf">https://www.gpo.gov/fdsys/pkg/FR-2010-06-22/pdf/2010-13947.pdf</a>.
\2\ See also NAAQS Table at <a href="https://www.epa.gov/criteria-air-pollutants/naaqs-table">https://www.epa.gov/criteria-air-pollutants/naaqs-table</a>.
\3\ Federal Regulation 40 CFR 50.4(e) established when the 1971
SO<INF>2</INF> NAAQS would be revoked in areas in the country, and
when it was necessary to retain the older SO<INF>2</INF> standards,
setting conditions needed for the eventual transition to the new 1-
hour SO<INF>2</INF> NAAQS.
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EPA completed designations for the 2010 SO<INF>2</INF> NAAQS in
four rounds: June 3, 2013 (``Round 1''), July 2, 2016 (``Round 2''),
December 31, 2017 (``Round 3''), and December 31, 2020 (``Round 4'').
EPA designated all
[[Page 8077]]
counties in Georgia as attainment/unclassifiable for the 1-hour primary
SO<INF>2</INF> NAAQS through three Rounds of SO<INF>2</INF>
designations from 2016 through 2021, with an April 30, 2021, effective
for the final Round 4 designations.\4\ Thus, on April 30, 2022, one
year after the effective date of the Round 4 designations, pursuant to
40 CFR 50.4(e), the primary 24-hour and annual SO<INF>2</INF> NAAQS no
longer applied in Georgia. Moreover, with no SO<INF>2</INF>
nonattainment areas in Georgia for the 1971 or 2010 SO<INF>2</INF>
NAAQS, the revocation of the 1971 SO<INF>2</INF> standards would not be
deferred until nonattainment and maintenance planning requirements were
met as required pursuant to 40 CFR 50.4(e). For these reasons, EPA is
finalizing approval of Georgia's October 20, 2022, revision to Rule
391-3-1-.02(4), ``Ambient Air Standards'', at paragraph (b), ``Sulfur
Dioxide'' to remove the 1971 24-hour and annual SO<INF>2</INF> NAAQS
from the SIP.
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\4\ See 40 CFR 81.311.
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II. EPA's Action
EPA is finalizing approval of Georgia EPD's SIP revision submitted
to EPA on October 20, 2022, seeking to revise the Air Quality Control
SIP Rule 391-3-1-.02(4), ``Ambient Air Standards'', at paragraph (b),
``Sulfur Dioxide.'' to remove the 1971, primary 24-hour SO<INF>2</INF>
NAAQS of 0.14 ppm and the annual SO<INF>2</INF> standard of 0.03
ppm,\5\ which no longer apply in Georgia as of April 30, 2022.
Specifically, the submission includes changes to Rule 391-3-1-.02(4)
which include the removal of the 1971 annual and 24-hour standard and
the renumbering of the remaining provisions of Rule 391-3-1-.02(4)(b).
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\5\ EPA promulgated the 1971 primary and secondary NAAQS for
SO<INF>2</INF> on April 30, 1971. See 36 FR 8186. The 1971 primary
SO<INF>2</INF> standards of 365 [micro]g/m\3\ (0.14 ppm), averaged
over a period of 24 hours and not to be exceeded more than once per
year, and 80 [micro]g/m\3\ (0.03 ppm), as an annual arithmetic mean.
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Through a notice of proposed rulemaking (NPRM), published on
December 21, 2023 (88 FR 88308), EPA proposed to approve Georgia's
EPD's October 20, 2022, SIP revision to Rule 391-3-1 in accordance with
40 CFR 50.4(e) to remove the 1971 annual and 24-hour SO<INF>2</INF>
standards from the Georgia SIP. The details of the submission, as well
as EPA's rationale for changing this rule, are described in more detail
in EPA's December 21, 2023, NPRM. Comments on the December 21, 2023,
NPRM were due on or before January 22, 2024. EPA did not receive any
comments on the December 21, 2023, NPRM.
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, and as explained in Section I of this preamble, EPA is finalizing
the incorporation of Georgia Rule 391-3-1-.02(4), ``Ambient Air
Standards,'' paragraph (b), ``Sulfur Dioxide,'' State effective
September 19, 2022, which removes subparagraphs (b)1 and (b)2 and
renumbers the remaining provisions accordingly. 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 State implementation plan,
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.\6\
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\6\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is finalizing the approval of the aforementioned changes to
Georgia's October 20, 2022, SIP submittal, which remove the 1971 annual
and 24-hour primary SO<INF>2</INF> NAAQS from the Georgia SIP at Rule
391-3-1-.02(4), due to a Federal revocation of these standards.
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 CAA 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. Accordingly, this
action 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Georgia EPD did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
[[Page 8078]]
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 8, 2024. 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).)
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: January 31, 2024.
Jeaneanne Gettle,
Acting 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
0
2. In Sec. 52.570, amend table 1 to paragraph (c) by revising the
entry for ``391-3-1-.02(4)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
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391-3-1-.02..................... Provisions
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* * * * * * *
391-3-1-.02(4).................. Ambient Air 9/19/2022 2/6/2024, [Insert Except paragraphs (a),
Standards. citation of (c), (d), (e), (f),
publication]. (g), and (h), approved
on 12/4/2018 with a
state effective date
of 7/20/2017.
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[FR Doc. 2024-02321 Filed 2-5-24; 8:45 am]
BILLING CODE 6560-50-P
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