Proposed Rule2025-16723
Air Plan Approval; GA; Removal of Nonattainment Area New Source Review
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
September 2, 2025
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 (EPD) on June 27, 2024. The revision seeks to remove permitting requirements related to nonattainment, including nonattainment new source review (NNSR), from Georgia's SIP as obsolete, remove certain provisions related to the use of emission reduction credits (ERCs), and make other changes based upon the lack of any areas designated as nonattainment for the National Ambient Air Quality Standards (NAAQS) in Georgia. 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 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Proposed Rules]
[Pages 42343-42347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16723]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0626; FRL-12934-01-R4]
Air Plan Approval; GA; Removal of Nonattainment Area New Source
Review
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
(EPD) on June 27, 2024. The revision seeks to remove permitting
requirements related to nonattainment, including nonattainment new
source review (NNSR), from Georgia's SIP as obsolete, remove certain
provisions related to the use of emission reduction credits (ERCs), and
make other changes based upon the lack of any areas designated as
nonattainment for the National Ambient Air Quality Standards (NAAQS) in
Georgia. EPA is proposing to approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before September 23, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0626 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Nelsha Athauda, Multi-Air Pollutant
Coordination 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) 562-9360. Ms. Athauda can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#83c2f7ebe2f6e7e2adcde6eff0ebe2c3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="6d2c19050c18090c432308011e050c2d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The New Source Review (NSR) program is a preconstruction permitting
program that requires certain stationary sources of air pollution to
obtain permits prior to beginning construction. The NSR permitting
program applies to new construction and to modifications of existing
sources. New construction and modifications that emit ``regulated NSR
pollutants'' over certain thresholds are subject to major NSR
requirements, while smaller emitting sources and modifications may be
subject to minor NSR requirements.
Major NSR permits for sources that are located in attainment or
unclassifiable areas are referred to as Prevention of Significant
Deterioration (PSD) permits. Major NSR permits for sources located in
nonattainment areas and that emit pollutants above the specified
thresholds for which the area is in nonattainment are referred to as
NNSR permits.
A new stationary source is subject to major NSR requirements if its
potential to emit (PTE) a regulated NSR pollutant exceeds certain
emission thresholds. If it exceeds the applicable threshold, the NSR
regulations define it as a ``major stationary source.'' An existing
major stationary source triggers major NSR permitting requirements when
it undergoes a ``major modification,'' which occurs when a source
undertakes a physical change or change in method of operation (i.e., a
``project'') that would result in (1) a significant emissions increase
from the project, and (2) a significant net emissions increase from the
source. See, e.g., 40 CFR 51.166(b)(2)(i), (b)(3), and (b)(51).
Effective January 6, 1992, EPA designated 13 counties surrounding
Atlanta, Georgia, as nonattainment for the 1-hour ozone NAAQS and
classified them as a ``serious'' nonattainment area (hereinafter
referred to as the Atlanta 1-hour Ozone Area).\1\ See 56 FR 56694
(November 6, 1991). Effective January 1, 2004, the Atlanta 1-hour Ozone
Area was reclassified as a ``severe'' nonattainment area. See 68 FR
55469 (September 26, 2003). This classification requires, among other
things, that a ``major source'' and a ``major stationary source'' be
defined to include certain sources that emit or have the potential to
emit 25 tons or more of nitrogen oxides (NO<INF>X</INF>) or volatile
organic compounds (VOC) and that emissions offsets apply at a ratio of
at least 1.3 or 1.2:1 (depending on the criteria in CAA section
182(d)(2)).\2\ EPA redesignated the Atlanta 1-hour Ozone Area to
attainment for the 1-hour ozone NAAQS, effective June 14, 2005. See 70
FR 34660 (June 15, 2005). Effective June 15, 2005, EPA revoked the 1-
hour ozone NAAQS. See 69 FR 23951 (April 30, 2004) and 70 FR 44470
(August 3, 2005).
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\1\ The Atlanta 1-hour Ozone Area consisted of the following
counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. The 1-hour
ozone NAAQS was set at 0.12 parts per million (ppm) with attainment
defined when the expected number of days per calendar year, with
maximum hourly average concentration greater than 0.12 ppm, is equal
to or less than one.
\2\ For ozone, the offset ratio is the ratio of the total
emissions reductions of NO<INF>X</INF> or VOCs to the total
increased emissions of those pollutants.
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Effective June 15, 2004, 20 counties surrounding Atlanta were
designated as nonattainment and classified as a ``marginal''
nonattainment area for the 1997 8-hour ozone NAAQS (hereinafter
referred to as the Atlanta 1997 8-hour Ozone Area).\3\ See 69 FR 23858
(April 30, 2004). Effective April 7, 2008, the Atlanta 1997 8-hour
Ozone Area was reclassified as a ``moderate'' nonattainment area. See
73 FR 12013 (March 6, 2008). This classification requires, among other
things, that a ``major source'' and a ``major stationary source'' be
defined to include certain sources that emit or have the potential to
emit 100 tons or more of NO<INF>X</INF> or VOC and that emissions
offsets apply at a ratio of at least 1.15:1. The Atlanta 1997 8-hour
Ozone Area was redesignated to attainment, effective January 1, 2014.
See 78 FR 72040 (December 2, 2013). Effective April 6, 2015, EPA
revoked the 1997 8-Hour Ozone NAAQS. See 80 FR 12264 (March 6, 2015).
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\3\ The Atlanta 1997 8-hour Ozone Area consisted of the
following counties: Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. The
1997 8-hour ozone NAAQS was set at 0.08 ppm based on an annual
fourth-highest daily maximum 8-hour average concentration averaged
over three years.
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Effective July 20, 2012, 15 counties surrounding Atlanta were
designated as nonattainment and classified as a ``marginal''
nonattainment area for the 2008 8-hour ozone NAAQS (hereinafter
referred to as the Atlanta 2008 8-hour
[[Page 42344]]
Ozone Area).\4\ See 77 FR 30088 (May 21, 2012). This classification
requires, among other things, that a ``major source'' and a ``major
stationary source'' be defined to include certain sources that emit or
have the potential to emit 100 tons or more of NO<INF>X</INF> or VOC
and that emissions offsets apply at a ratio of at least 1.1:1. The
Atlanta 2008 8-hour Ozone Area was redesignated to attainment,
effective June 2, 2017. See 82 FR 25523 (June 2, 2017).
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\4\ The Atlanta 2008 8-hour Ozone Area consisted of the
following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton,
Paulding, and Rockdale. The 2008 8-hour ozone NAAQS is set at 0.075
ppm based on an annual fourth-highest daily maximum 8-hour average
concentration averaged over three years.
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Approximately one year later, EPA designated seven counties in and
around metropolitan Atlanta as nonattainment and classified them as a
``marginal'' nonattainment area for the 2015 8-hour ozone NAAQS
(hereinafter referred to as the Atlanta 2015 8-hour Ozone Area).\5\ See
83 FR 25776 (June 4, 2018). As discussed above, the ``marginal''
classification requires that a ``major source'' and a ``major
stationary source'' be defined to include certain sources that emit or
have the potential to emit 100 tons or more of NO<INF>X</INF> or VOC
and that emissions offsets apply at a ratio of at least 1.1:1. In 2022,
EPA redesignated the Atlanta 2015 8-hour Ozone Area to attainment for
the 2015 8-hour ozone standard. See 87 FR 62733 (October 17, 2022).
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\5\ The Atlanta 2015 8-hour Ozone Area consists of the following
counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and
Henry. The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an
annual fourth-highest daily maximum 8-hour average concentration
averaged over three years.
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As a result of EPA's redesignation of the Atlanta 2015 8-hour Ozone
Area to attainment, there are no longer any areas within Georgia that
are currently designated as nonattainment for any of the NAAQS.
Therefore, Georgia is no longer required to include regulations
pertaining to NNSR in its SIP. Georgia's June 27, 2024, revision, as
discussed in more detail below, thus requests removal of NNSR
requirements from Georgia's SIP as obsolete. Georgia's submittal also
requests the removal of other provisions related to nonattainment from
the SIP. Georgia's submittal includes a demonstration, pursuant to CAA
section 110(l), that the proposed revisions would not interfere with
any applicable requirement concerning attainment of the NAAQS and
reasonable further progress or any other applicable requirement of the
CAA. EPA's analysis of Georgia's June 27, 2024, SIP revision and the
Agency's rationale for proposing to approve these changes are provided
below.
II. EPA's Analysis of the State's Submittal
EPA is proposing to approve changes to the Georgia SIP submitted by
the State on June 27, 2024, that would remove NNSR requirements from
Georgia's SIP, remove certain provisions related to the use of ERCs,
and makes other changes based upon the lack of any areas designated as
in nonattainment of the NAAQS in Georgia. Specifically, the changes
address Rules 391-3-1-.02(1), General Requirement; 391-3-1-.02(2)(nnn),
NOX Emissions from Large Stationary Gas Turbines; 391-3-1-.03(1),
Construction (SIP) Permit; \6\ 391-3-1-.03(6)(j), Construction Permit
Exemption for Pollution Control Projects; 391-3-1-.03(8), Permit
Requirements; and 391-3-1-.03(13), Emission Reduction Credits.\7\
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\6\ As discussed later in this notice, although Georgia
submitted a revision to Rule 391-3-1-.03(1) that includes the
removal of a phrase within this rule, the language that EPD proposes
to remove is not presently included as part of the SIP. Thus,
although Rule 391-3-1-.03(1) is discussed in this notice, EPA is not
proposing to act on any revisions to this rule.
\7\ The June 27, 2024, submittal also contains changes to Rules
391-3-1-.02(6)(a), Specific Monitoring and Reporting Requirements
for Particular Sources, and 391-3-1-.03(11)(b)(7), Coating and/or
Gluing Operations. On July 9, 2025, EPD provided EPA with a
clarification letter confirming that Georgia does not intend to
submit the language ``or enforceable as a practical matter limiting
the source to below Part 70 or Part 63 major source thresholds'' in
Georgia Rule 391-3-1-.03(11)(b)7.(i) as part of the June 27, 2024,
SIP revision. This letter is included in the docket for this
rulemaking, however, EPA will address the changes to these two rules
in a separate rulemaking.
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A. Rule 391-3-1-.02(1), General Requirement
The State requests that EPA revise Rule 391-3-1-.02(1), General
Requirement, to change the word ``nonattainment'' to ``non-attainment''
in Rule 391-3-1-.02(1)(d) for internal consistency. This is a minor
typographical change that does not alter the meaning of any terms or
provisions. EPA is therefore proposing to revise Rule 391-3-1-.02(1) in
the Georgia SIP because the proposed revision will not interfere with
any applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the Act.
B. Rule 391-3-1-.02(2)(nnn), NOX Emissions From Large Stationary Gas
Turbines
The State requests that EPA revise Rule 391-3-1-.02(2)(nnn), NOX
Emissions from Large Stationary Gas Turbines. The purpose of this Rule
is to establish NO<INF>X</INF> emission limits for stationary gas
turbines with nameplate capacities greater than 25 megawatts (MWe).
There are two main revisions proposed within this rule, as discussed
below.
First, SIP-approved Rule 391-3-1-.02(2)(nnn)(1)(ii) contains a
NO<INF>X</INF> emission limit for large stationary gas turbines
permitted prior to April 1, 2000, located at a stationary source with
no natural gas. The updated version of this subparagraph would read
``[reserved].'' Georgia removed this subparagraph from its rule and
replaced it with the word ``[reserved]'' in 2006 because Georgia
determined that it was no longer applicable to any source in Georgia,
as there were no longer any existing stationary sources to which this
limitation applied. Additionally, because the provision only applied to
large stationary gas turbines permitted before April 1, 2000, no
future, new, or modified gas turbines would be subject to this
regulation.
Second, Rule 391-3-1-.02(2)(nnn)(4) as currently approved into the
SIP exempts large stationary gas turbines constructed on or after April
1, 2000, from the 6 ppm @15% O<INF>2</INF>, dry basis NO<INF>X</INF>
emission limit contained in Rule 391-3-1-.02(2)(nnn)(1)(iii) if the
turbine is otherwise subject to Rule 391-3-1-.03(8)(c)(14) \8\ or Rule
391-3-1-.03(8)(c)(15).\9\ As discussed later in this notice, Georgia
has requested that EPA remove Rule 391-3-1-.03(8)(c)(14) and Rule 391-
3-1-.03(8)(c)(15) from Georgia's SIP. Because Rule 391-3-
1-.02(2)(nnn)(4) contains cross-references to these two rules
identified for removal, Georgia's submittal also includes revised
language for Rule 391-3-1-.02(2)(nnn)(4). The revised language states
that the emission limit in Rule 391-3-1-.02(2)(nnn)(1)(iii)
[[Page 42345]]
``shall not apply to stationary gas turbines subject to NO<INF>X</INF>
emission limits established between April 1, 2000, and February 21,
2023.'' According to EPD's submittal, the February 21, 2023, date is
simply a date chosen prior to when the rule revisions were submitted to
the Georgia Department of Natural Resources Board for briefing and
subsequent adoption.\10\
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\8\ Rule 391-3-1-.03(8)(c)(14), Additional Provisions for Ozone
Non-Attainment Areas, contains permitting requirements for major
sources in the 2008 8-Hour Ozone marginal nonattainment area. These
permitting requirements include a 1.15 to 1.00 emission offset
requirement for VOCs and NO<INF>X</INF>.
\9\ Rule 391-3-1-.03(8)(c)(15), Additional Provisions for
Electrical Generating Units Located in Areas Contributing to the
Ambient Air Level of Ozone in the Metropolitan Atlanta Ozone
Nonattainment Area, contains permitting requirements for certain
electrical generating units in Banks, Barrow, Butts, Carroll,
Chattooga, Clarke, Dawson, Floyd, Gordon, Hall, Haralson, Heard,
Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe,
Morgan, Oconee, Pickens, Pike, Polk, Putnam, Spalding, Troup, Upson,
and Walton counties. EPD determined that these counties contributed
to ozone levels in the Atlanta 2008 8-hour Ozone Area. Rule 391-3-
1-.03(8)(c)(15) requires sources containing EGUs subject to this
rule to apply a 1.10 to 1.00 emission offset requirement for NOx.
This rule also requires application of Best Available Control
Technology (BACT) to these sources.
\10\ These rules were adopted by the Georgia Department of
Natural Resources on May 23, 2023, were filed with the Secretary of
State's office on May 30, 2023, and became effective on June 19,
2023.
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Minor changes were also made within Rule 391-3-1-.02(2)(nnn) for
internal consistency to update labels (i.e., subparagraphs, paragraphs,
sections, and subsections) used to cite or refer to various referenced
portions of the rules, per Georgia's State-only procedural Rule 590-2-
1-.02, Numbering System.
In support of its submittal, Georgia provided an analysis pursuant
to CAA section 110(l). Georgia explains that ``[t]he large stationary
gas turbines that were subject to requirements under Rules 391-3-
1-.03(8)(c)14. and 391-3-1-.03(8)(c)15. are the same as the large
stationary gas turbines that had NOx emission limits established
between April 1, 2000, and February 21, 2023.'' Thus, Georgia states
that its proposed revision ``does not change or broaden the
NO<INF>X</INF> emission limit exemption for Rule 391-3-
1-.02(2)(nnn)1.'' Georgia notes its intent with this change is to
``leave the already established [Lowest Achievable Emission Rate and
Best Available Control Technology] limits in place for the affected
turbines.''
EPA agrees that the proposed revisions to Rule 391-3-1-.02(2)(nnn)
would preserve the status quo. EPA additionally notes that 40 CFR
51.160 requires each state's SIP to contain enforceable procedures that
prevent the permitting of new sources or modifications that would
interfere with the attainment or maintenance of a NAAQS, and Georgia's
SIP contains such a provision at Rule 391-3-1-.03(8)(a). This
permitting provision provides an additional backstop to ensure that
future permitting of new sources will not interfere with attainment or
maintenance of the NAAQS. EPA is therefore proposing to revise Rule
391-3-1-.02(2)(nnn) in the Georgia SIP because the proposed revision
will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the Act.
C. Rule 391-3-1-.03(1), Construction (SIP) Permit
The State requests that EPA revise Rule 391-3-1-.03(1),
Construction (SIP) Permit, to remove a requirement for any person
applying for a permit for construction or modification of a facility to
include information on any ERCs on which the permit applicant intends
to rely. The ERC program allows eligible sources that voluntarily
reduce emissions to certify and ``bank'' these reductions as ERCs for
future use. By its terms, the ERC program only applies in counties in a
nonattainment area or in counties determined by EPD to contribute to
ambient air quality in the nonattainment area.\11\ The banked ERCs hold
their value for ten years, at which point they begin devaluing ten
percent per year until they have reached 50 percent of their original
value. The ERC program was intended to help the Atlanta metropolitan
region achieve compliance with federal standards for ground-level
ozone. The program does not allow for any increase in emissions of
NO<INF>X</INF> or VOC in the area to which it is applicable.\12\
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\11\ EPD's submittal also proposes to preserve the ERC program
but to disallow use of ERC credits, as discussed in Section II.F of
this notice.
\12\ For more information on the ERC program, see 85 FR 31112
(May 22, 2020).
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Although EPD has requested that EPA remove the phrase ``information
regarding any Emission Reduction Credits on which the applicant intends
to rely'' from Rule 391-3-1-.03(1)(b), this phrase is not in the SIP.
Therefore, EPA is taking no action on EPD's request to revise Rule 391-
3-1-.03(1).
D. Rule 391-3-1-.03(6)(j), Construction Permit Exemption for Pollution
Control Projects
The State requests that EPA revise Rule 391-3-1-.03(6)(j),
Construction Permit Exemption for Pollution Control Projects to remove
the phrase ``or the non-attainment new source review permitting
requirements of subparagraph 391-3-1-03(8)(c).'' Because EPD's
submittal requests the removal of all of the existing language within
subparagraph 391-3-1-.03(8)(c), the cross-reference in Rule 391-3-
1-.03(6)(j) to this subparagraph would be obsolete. Removal of the
existing language within subparagraph 391-3-1-.03(8)(c) is discussed
below. EPA is therefore proposing to revise subparagraph 391-3-
1-.03(6)(j) in the Georgia SIP. The proposed revision will not
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
Act.
E. Rule 391-3-1-.03(8), Permit Requirements
The State requests that EPA revise Rule 391-3-1-.03(8), Permit
Requirements. The purpose of Rule 391-3-1-.03(8) is to provide permit
requirements for stationary sources. The proposed revision would
primarily remove permitting requirements related to nonattainment from
this rule within Georgia's SIP. The State's submittal requests the
removal of subparagraphs (c), (d), (e), and (g) and minor revisions to
subparagraphs (a), (b), and (f) of Rule 391-3-1-.03(8).
The State is seeking to remove subparagraph (c), which provides
permit requirements for new or modified major stationary sources in
areas of the State designated by EPA or the State as not attaining a
NAAQS, or in areas contributing to the ambient air levels of such
pollutants in such areas of nonattainment.\13\ Provisions proposed for
removal include NNSR requirements, such as requiring proposed sources
to comply with the Lowest Achievable Emission Rate (LAER). EPA is also
proposing to remove the additional provisions for ozone areas in Rule
391-3-1-.03(8)(c)14 \14\ and provisions contained within Rule 391-3-
1-.03(8)(c)15.\15\ If these nonattainment-related permitting provisions
are removed, the PSD permitting program will continue to apply to major
stationary sources within areas classified as in attainment with the
NAAQS or unclassifiable and ensure
[[Page 42346]]
that a new or modified major source will not cause or contribute to a
violation of a NAAQS. See 40 CFR 51.166(k). Additionally, 40 CFR 51.160
requires each state's SIP to contain enforceable procedures that
prevent the permitting of new sources or modifications that would
interfere with the attainment or maintenance of a NAAQS, and Georgia's
SIP contains such a provision at Rule 391-3-1-.03(8)(a). These
permitting provisions provide an adequate backstop to ensure that
future permitting of new sources will not interfere with attainment or
maintenance of the NAAQS.
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\13\ As EPA has previously noted, ``NSR only applies to new
sources and to existing sources that undergo a physical change or
change in the method of operation (i.e., it is a prospective
permitting program).'' 84 FR 47213, 47215 (September 9, 2019).
Therefore, even if the permitting requirements related to
nonattainment are removed from the SIP, the ``conditions'' issued
pursuant to these permits ``along with any associated emissions
offsets, will remain in effect.'' Id.
\14\ Rule 391-3-1-.03(8)(c)(14), Additional Provisions for Ozone
Non-Attainment Areas, contains permitting requirements for major
sources in the 2008 8-Hour Ozone marginal nonattainment area. These
permitting requirements include a 1.15 to 1.00 emission offset
requirement for VOCs and NO<INF>X</INF>.
\15\ Rule 391-3-1-.03(8)(c)(15), Additional Provisions for
Electrical Generating Units Located in Areas Contributing to the
Ambient Air Level of Ozone in the Metropolitan Atlanta Ozone
Nonattainment Area, contains permitting requirements for certain
electrical generating units in Banks, Barrow, Butts, Carroll,
Chattooga, Clarke, Dawson, Floyd, Gordon, Hall, Haralson, Heard,
Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe,
Morgan, Oconee, Pickens, Pike, Polk, Putnam, Spalding, Troup, Upson,
and Walton counties. EPD determined that these counties contribute
to ozone levels in the Atlanta 2008 8-hour Ozone Area. Rule 391-3-
1-.03(8)(c)(15) requires sources containing EGUs subject to this
rule to apply a 1.10 to 1.00 emission offset requirement for
NO<INF>X</INF>. This rule also requires application of BACT to these
facilities.
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The State is also seeking to remove subparagraph (d), a placeholder
subparagraph that had been reserved for numbering purposes in the rule.
Removal of this provision from the SIP is non-substantive.
The State is further seeking to remove subparagraph (e), which
provides that the Director shall determine and designate areas of the
State which are not attaining any NAAQS and any areas contributing to
the ambient air level of pollutants in these nonattainment areas to
``meet the requirements of Title 1, Part D of the Federal Act'' (i.e.,
the Act's nonattainment provisions). This provision also designated
Banks, Barrow, Butts, Carroll, Chattooga, Clarke, Dawson, Floyd,
Gordon, Hall, Haralson, Heard, Jackson, Jasper, Jones, Lamar, Lumpkin,
Madison, Meriwether, Monroe, Morgan, Oconee, Pickens, Pike, Polk,
Putnam, Spalding, Troup, Upson, and Walton counties as areas
contributing to the ambient air level of ozone in the Atlanta 2008 8-
hour Ozone Area. Finally, this provision applies the nonattainment
permitting provisions of Rule 391-3-1-.03(8)(c) to the construction of
electric generating units at new or modified stationary sources ``in
this area.'' Subparagraph (e) of subparagraph 391-3-1-.03(8) is not
needed because there are currently no nonattainment areas in the State.
The State is also seeking to remove subparagraph (g), which
provides a list of provisions from Rule 391-3-1-.02(7), Prevention of
Significant Deterioration of Air Quality, which would apply to projects
subject to the nonattainment permitting provisions of Rule 391-3-
1-.03(8)(c). If the nonattainment permitting provisions of Rule 391-3-
1-.03(8)(c) are removed from the SIP, there is no need to retain 391-3-
1-.03(8)(g).
Minor changes were also made within subparagraphs (a), (b), and (f)
of Rule 391-3-1-.03(8) for internal consistency to update labels (i.e.,
subparagraphs, paragraphs, sections, subsections) used to cite or refer
to various referenced portions of rules, per Georgia Rule 590-2-1-.02,
Numbering System. Subparagraph (f) would also be re-numbered to
subparagraph (c) due to the removal of the other subparagraphs
mentioned above.
As there are no nonattainment areas in Georgia, permitting
provisions related to nonattainment are no longer required in Georgia's
SIP. EPA is therefore proposing to revise Rule 391-3-1-.03(8) in the
Georgia SIP because the proposed revision will not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the Act.
F. Rule 391-3-1-.03(13), Emission Reduction Credits
The State requests that EPA revise Rule 391-3-1-.03(13), Emission
Reduction Credits, to remove wording that allows or refers to the use
of ERCs. As noted above, the ERC program only applies in counties in a
nonattainment area, or in counties determined by EPD to contribute to
ambient air quality in the nonattainment area. Because Georgia no
longer has any nonattainment areas or areas contributing to ambient air
quality in nonattainment areas, the rationale that use of these credits
will help the Atlanta metropolitan region ``achieve compliance with
federal standards for ground-level ozone'' no longer applies.\16\ The
State's requested changes only apply to the use of ERCs and do not
remove the mechanism to create, bank, or transfer ERCs. Other ERC
provisions not related to use of the ERCs are being retained in the
SIP. Wording within Rule 391-3-1-.03(13) has also been revised for
internal consistency to update labels (i.e., subparagraphs, paragraphs,
sections, subsections) and to correct grammatical errors. EPA agrees
with the State's rationale and is therefore proposing to revise Rule
391-3-1-.03(13) because the proposed revision will not interfere with
any applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the Act.
---------------------------------------------------------------------------
\16\ See 85 FR 31112 (May 22, 2020).
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III. 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, and as discussed in Sections I and II
of this preamble, EPA is proposing to incorporate by reference the
following rules into Georgia's SIP with a state effective date of June
19, 2023: Rule 391-3-1-.02(1), General Requirement; Rule 391-3-
1-.02(2)(nnn), NOX Emissions from Large Stationary Gas Turbines; Rule
391-3-1-.03(6)(j), Construction Permit Exemption for Pollution Control
Projects; Rule 391-3-1-.03(8), Permit Requirements; and Rule 391-3-
1-.03(13), Emission Reduction Credits. EPA has made, and will continue
to make, the State Implementation Plan 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).
IV. Proposed Action
For the reasons discussed above, EPA is proposing to approve the
June 27, 2024, Georgia SIP revision consisting of changes to Georgia's
SIP for Rule 391-3-1-.02(1), General Requirement; Rule 391-3-
1-.02(2)(nnn), NOX Emissions from Large Stationary Gas Turbines; Rule
391-3-1-.03(6)(j), Construction Permit Exemption for Pollution Control
Projects; Rule 391-3-1-.03(8), Permit Requirements; and Rule 391-3-
1-.03(13), Emission Reduction Credits.
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
proposed 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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
[[Page 42347]]
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).
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: August 11, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2025-16723 Filed 8-29-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.