Air Plan Approval; Georgia; Atlanta; Requirements for the 2008 8-Hour Ozone Standard, 14611-14614 [2017-05459]
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Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations
Court of Appeals for the appropriate
circuit by May 22, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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
CAA 307(b)(2)).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
SUMMARY:
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.270 is amended by
adding paragraph (b)(2)(v) to read as
follows:
■
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(2) * * *
(v) Those projects that are major
stationary sources or major
modifications for emissions of PM2.5 or
its precursors under § 52.21, and those
projects that are major stationary
sources under § 52.21 with the potential
to emit PM2.5 or its precursors at a rate
that would meet or exceed the rates
specified at § 52.21(b)(23)(i).
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[FR Doc. 2017–05557 Filed 3–21–17; 8:45 am]
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40 CFR Part 52
[EPA–R04–OAR–2015–0248; FRL–9957–89–
Region 4]
Air Plan Approval; Georgia; Atlanta;
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the portion of a state
implementation plan (SIP) revision
submitted on February 6, 2015, by the
State of Georgia, through the Georgia
Environmental Protection Division (GA
EPD), addressing the nonattainment
new source review (NNSR)
requirements for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS) for the Atlanta, Georgia 2008
8-hour ozone nonattainment area
(hereinafter referred to as the ‘‘Atlanta
Area’’ or ‘‘Area’’). The Atlanta Area is
comprised of 15 counties in Atlanta
(Bartow, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale). This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This direct final rule is effective
May 22, 2017 without further notice,
unless EPA receives adverse comments
by April 21, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0248 at https://
www.regulations.gov. 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
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additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mrs.
Sheckler can be reached by telephone at
(404) 562–9222 or via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR 50.15, the 2008 8hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. Ambient air quality
monitoring data for the 3-year period
must meet a data completeness
requirement. The ambient air quality
monitoring data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90
percent, and no single year has less than
75 percent data completeness as
determined in appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Atlanta Area
was designated nonattainment for the
2008 8-hour ozone NAAQS on April 30,
2012 (effective July 20, 2012) using
2009–2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time
of designation, the Atlanta Area was
classified as a marginal nonattainment
area. On March 6, 2015, EPA issued a
final rule entitled, ‘‘Implementation of
the 2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements’’
(SIP Requirements Rule), which
establishes the requirements that state,
tribal, and local air quality management
agencies must meet as they develop
implementation plans for areas where
air quality exceeds the 2008 8-hour
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ozone NAAQS.1 See 80 FR 12264. Areas
that were designated as marginal ozone
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012–
2014 monitoring data. See 40 CFR
51.1103. The Atlanta Area did not attain
the 2008 8-hour ozone NAAQS by July
20, 2015, and therefore on April 11,
2016, the EPA Administrator signed a
final rule reclassifying the Atlanta Area
from a marginal nonattainment area to
a moderate nonattainment area for the
2008 8-hour ozone standard. See 81 FR
26697 (May 4, 2016). Moderate areas are
required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2018, six
years after the effective date of the
initial nonattainment designations.2 See
40 CFR 51.1103.
Based on the initial nonattainment
designation for the 2008 8-hour ozone
standard, Georgia was required to
develop a SIP revision addressing
certain CAA requirements for the
Atlanta Area. On February 6, 2015,
Georgia submitted a SIP revision
addressing the emissions inventory,
emissions statements, and NNSR
requirements related to the 2008 8-hour
ozone NAAQS for the Atlanta Area.3 On
August 11, 2015, EPA approved
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
ozone NAAQS, including requirements pertaining
to attainment demonstrations, reasonable further
progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
2 Subsequent to the reclassification of the Atlanta
Area, EPA determined that the Area has attained
the 2008 8-hour ozone NAAQS based on 2013–2015
monitoring data. See 81 FR 45419 (July 14, 2016).
However, an attainment determination is not
equivalent to a redesignation under CAA section
107(d)(3). The Area will remain nonattainment for
the 2008 8-hour ozone NAAQS and subject to the
NNSR requirements for that NAAQS until such
time as EPA determines that the Area meets the
requirements for redesignation to attainment.
3 States have three years after the effective date of
designation for the 2008 8-hour ozone NAAQS to
submit SIP revisions addressing NNSR for their
nonattainment areas. See 40 CFR 51.1114. Georgia’s
SIP revision also certified that its SIP-approved
state regulation addressing nonattainment new
source review for all new stationary sources and
modified existing stationary sources in the Atlanta
Area, 391–3–1–.03(8)—Permit Requirements,
exceeds the requirements of section 182(a)(2)(C) for
the 2008 8-hour ozone NAAQS. However, EPA does
not believe that the two-year deadline contained in
CAA section 182(a)(2)(C) applies to NNSR SIP
revisions for implementing the 8-hour ozone
NAAQS. See 80 FR 12264, 12267 (March 6, 2015);
70 FR 71612, 71683 (November 29, 2005). The
submission of NNSR SIPs due on November 15,
1992, satisfied the requirement for states to submit
NNSR SIP revisions to meet the requirements of
CAA sections 172(c)(5) and 173 within two years
after the date of enactment of the 1990 CAA
Amendments. Id.
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Georgia’s SIP revision as meeting the
requirements of sections 110, 182(a)(1),
and 182(a)(3)(B) of the CAA by
addressing the emissions inventory and
emissions statements requirements for
the 2008 8-hour ozone NAAQS for the
Atlanta Area. See 80 FR 48036. EPA is
now taking action on the NNSR portion
of Georgia’s February 6, 2015, SIP
revision. EPA’s analysis of how this SIP
revision addresses the NNSR
requirements for the 2008 8-hour ozone
NAAQS is provided below.
II. Analysis of Georgia’s Nonattainment
New Source Review Requirements
The minimum SIP requirements for
NNSR permitting programs for the 2008
8-hour ozone NAAQS are located in 40
CFR 51.165. See 40 CFR 51.1114. These
NNSR program requirements include
those promulgated in the ‘‘Phase 2
Rule’’ implementing the 1997 8-hour
ozone NAAQS (75 FR 71018 (November
29, 2005)) and the SIP Requirements
Rule implementing the 2008 8-hour
ozone NAAQS. Under the Phase 2 Rule,
the SIP for each ozone nonattainment
area must contain NNSR provisions
that: Set major source thresholds for
NOX and VOC pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)–(iv) and (2);
classify physical changes as a major
source if the change would constitute a
major source by itself pursuant to 40
CFR 51.165(a)(1)(iv)(A)(3); consider any
significant net emissions increase of
NOX as a significant net emissions
increase for ozone pursuant to 40 CFR
51.165(a)(1)(v)(E); consider certain
increases of VOC emissions in extreme
ozone nonattainment areas as a
significant net emissions increase and a
major modification for ozone pursuant
to 40 CFR 51.165(a)(1)(v)(F); set
significant emissions rates for VOC and
NOX as ozone precursors pursuant to 40
CFR 51.165(a)(1)(x)(A)–(C) and (E);
contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1)–(2); provide that
the requirements applicable to VOC also
apply to NOX pursuant to 40 CFR
51.165(a)(8); and set offset ratios for
VOC and NOX pursuant to 40 CFR
51.165(a)(9)(i)–(iii) (renumbered as
(a)(9)(ii)–(iv) under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS). Under the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS, the SIP for each ozone
nonattainment area designated
nonattainment for the 2008 8-hour
ozone NAAQS and designated
nonattainment for the 1997 ozone
NAAQS on April 6, 2015, must also
contain NNSR provisions that include
the anti-backsliding requirements at 40
CFR 51.1105. See 40 CFR 51.165(a)(12).
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Georgia’s longstanding SIP-approved
NNSR program, established in Air
Quality Control Rule 391–3–1–.03(8)—
Permit Requirements, applies to the
construction and modification of major
stationary sources in nonattainment
areas. In its February 6, 2015 SIP
revision, Georgia certifies that the
version of Air Quality Control Rule 391–
3–1–.03(8) in the SIP exceeds the federal
NNSR requirements for the Atlanta
Area. EPA last approved revisions to the
SIP-approved version of Georgia’s NNSR
rule in 2010 addressing, among other
things, the NNSR requirements in the
Phase 2 Rule that were relevant to the
counties designated as nonattainment
for the 1997 8-hour ozone NAAQS in
and around the Atlanta metropolitan
area (1997 Atlanta Area) and that were
not already satisfied by the SIPapproved rule.4 See 75 FR 71020
(November 22, 2010). Georgia’s rule
revision did not include Phase 2 Rule
requirements for 8-hour ozone
nonattainment areas classified as
serious or above because the 1997
Atlanta Area was classified as a
moderate nonattainment area.
The version of Rule 391–3–1–.03(8)
that is contained in the current SIP has
not changed since the 2010
rulemaking.5 This version of the rule
covers the entire Atlanta Area and
remains adequate to meet all applicable
NNSR requirements for the 2008 8-hour
ozone NAAQS. The Phase 2
requirements for 8-hour ozone
nonattainment areas classified as
serious or above remain inapplicable
because the Atlanta Area is classified as
a moderate nonattainment area for the
2008 8-hour NAAQS and the antibacksliding requirements added in the
2008 8-hour ozone implementation rule
are inapplicable because the Atlanta
Area was redesignated to attainment for
the 1997 8-hour ozone NAAQS in 2013.
III. Final Action
EPA is approving the portion of
Georgia’s February 6, 2015, SIP revision
addressing the NNSR requirements for
the 2008 8-hour ozone NAAQS for the
Atlanta Area. EPA has concluded that
the State’s submission fulfills the 40
4 The 1997 Atlanta Area was comprised of
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Hall, Henry, Newton, Paulding,
Rockdale, Spalding and Walton Counties.
5 The entry for Rule 391–3–1–.03 in the table of
SIP-approved Georgia regulations at 40 CFR
52.570(e) is incorrect. The ‘‘Explanation’’ associated
with the version of 391–3–1–.03 approved by EPA
on April 9, 2013 (78 FR 21065) should read
‘‘Changes specifically to (6)—Exemptions’’ rather
than ‘‘Changes specifically to (8)—Permit
Requirements.’’ EPA will correct this inadvertent
error in a future action.
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CFR 51.1114 revision requirement and
meets the requirements of CAA section
110 and the minimum SIP requirements
of 40 CFR 51.165.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the NNSR portion
of the SIP revision should adverse
comments be filed. This rule will be
effective May 22, 2017 without further
notice unless the Agency receives
adverse comments by April 21, 2017.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All adverse comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on May 22, 2017
and no further action will be taken on
the proposed rule.
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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. 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:
• 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);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
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substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• 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
• 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).
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14613
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 May 22, 2017. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(e) is amended by adding the entry
‘‘2008 8-hour ozone NAAQS
Nonattainment New Source Review
Requirements for the Atlanta Area’’ at
the end of the table to read as follows:
■
§ 52.570
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Identification of plan.
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or nonattainment area
*
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2008 8-hour ozone NAAQS
Bartow, Cherokee, Clayton,
Nonattainment New Source
Cobb, Coweta, DeKalb,
Review Requirements for
Douglas, Fayette, Forsyth,
the Atlanta Area.
Fulton, Gwinnett, Henry,
Newton, Paulding, and
Rockdale Counties.
[FR Doc. 2017–05459 Filed 3–21–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0337; FRL–9958–10]
Fatty Acids, Montan-Wax, Ethoxylated;
Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of fatty acids,
montan-wax, ethoxylated (CAS No.
68476–04–0) when used as an inert
ingredient in a pesticide chemical
formulation. Clariant Corporation
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of fatty acids, montan-wax,
ethoxylated on food or feed
commodities.
SUMMARY:
This regulation is effective
March 22, 2017. Objections and requests
for hearings must be received on or
before May 22, 2017, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0337, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
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ADDRESSES:
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State submittal
date/effective
date
*
2/6/2015
EPA approval date
*
3/22/2017, [insert Federal
Register citation].
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION, CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
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Explanation
*
*
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2016–0337 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before May 22, 2017. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0337, by one of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
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follow the instructions at https://
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along with more information about
dockets generally, is available at https://
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E:\FR\FM\22MRR1.SGM
22MRR1
Agencies
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14611-14614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05459]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0248; FRL-9957-89-Region 4]
Air Plan Approval; Georgia; Atlanta; Requirements for the 2008 8-
Hour Ozone Standard
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the portion of a state implementation plan
(SIP) revision submitted on February 6, 2015, by the State of Georgia,
through the Georgia Environmental Protection Division (GA EPD),
addressing the nonattainment new source review (NNSR) requirements for
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS)
for the Atlanta, Georgia 2008 8-hour ozone nonattainment area
(hereinafter referred to as the ``Atlanta Area'' or ``Area''). The
Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being
taken pursuant to the Clean Air Act (CAA or Act) and its implementing
regulations.
DATES: This direct final rule is effective May 22, 2017 without further
notice, unless EPA receives adverse comments by April 21, 2017. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0248 at https://www.regulations.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mrs. Sheckler can be reached by telephone at (404) 562-9222
or via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. Ambient air quality monitoring data for the
3-year period must meet a data completeness requirement. The ambient
air quality monitoring data completeness requirement is met when the
average percent of days with valid ambient monitoring data is greater
than 90 percent, and no single year has less than 75 percent data
completeness as determined in appendix I of part 50.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012
(effective July 20, 2012) using 2009-2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time of designation, the Atlanta
Area was classified as a marginal nonattainment area. On March 6, 2015,
EPA issued a final rule entitled, ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements'' (SIP Requirements Rule), which establishes the
requirements that state, tribal, and local air quality management
agencies must meet as they develop implementation plans for areas where
air quality exceeds the 2008 8-hour
[[Page 14612]]
ozone NAAQS.\1\ See 80 FR 12264. Areas that were designated as marginal
ozone nonattainment areas were required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2015, based on 2012-2014 monitoring data.
See 40 CFR 51.1103. The Atlanta Area did not attain the 2008 8-hour
ozone NAAQS by July 20, 2015, and therefore on April 11, 2016, the EPA
Administrator signed a final rule reclassifying the Atlanta Area from a
marginal nonattainment area to a moderate nonattainment area for the
2008 8-hour ozone standard. See 81 FR 26697 (May 4, 2016). Moderate
areas are required to attain the 2008 8-hour ozone NAAQS no later than
July 20, 2018, six years after the effective date of the initial
nonattainment designations.\2\ See 40 CFR 51.1103.
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\1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
\2\ Subsequent to the reclassification of the Atlanta Area, EPA
determined that the Area has attained the 2008 8-hour ozone NAAQS
based on 2013-2015 monitoring data. See 81 FR 45419 (July 14, 2016).
However, an attainment determination is not equivalent to a
redesignation under CAA section 107(d)(3). The Area will remain
nonattainment for the 2008 8-hour ozone NAAQS and subject to the
NNSR requirements for that NAAQS until such time as EPA determines
that the Area meets the requirements for redesignation to
attainment.
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Based on the initial nonattainment designation for the 2008 8-hour
ozone standard, Georgia was required to develop a SIP revision
addressing certain CAA requirements for the Atlanta Area. On February
6, 2015, Georgia submitted a SIP revision addressing the emissions
inventory, emissions statements, and NNSR requirements related to the
2008 8-hour ozone NAAQS for the Atlanta Area.\3\ On August 11, 2015,
EPA approved Georgia's SIP revision as meeting the requirements of
sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA by addressing the
emissions inventory and emissions statements requirements for the 2008
8-hour ozone NAAQS for the Atlanta Area. See 80 FR 48036. EPA is now
taking action on the NNSR portion of Georgia's February 6, 2015, SIP
revision. EPA's analysis of how this SIP revision addresses the NNSR
requirements for the 2008 8-hour ozone NAAQS is provided below.
---------------------------------------------------------------------------
\3\ States have three years after the effective date of
designation for the 2008 8-hour ozone NAAQS to submit SIP revisions
addressing NNSR for their nonattainment areas. See 40 CFR 51.1114.
Georgia's SIP revision also certified that its SIP-approved state
regulation addressing nonattainment new source review for all new
stationary sources and modified existing stationary sources in the
Atlanta Area, 391-3-1-.03(8)--Permit Requirements, exceeds the
requirements of section 182(a)(2)(C) for the 2008 8-hour ozone
NAAQS. However, EPA does not believe that the two-year deadline
contained in CAA section 182(a)(2)(C) applies to NNSR SIP revisions
for implementing the 8-hour ozone NAAQS. See 80 FR 12264, 12267
(March 6, 2015); 70 FR 71612, 71683 (November 29, 2005). The
submission of NNSR SIPs due on November 15, 1992, satisfied the
requirement for states to submit NNSR SIP revisions to meet the
requirements of CAA sections 172(c)(5) and 173 within two years
after the date of enactment of the 1990 CAA Amendments. Id.
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II. Analysis of Georgia's Nonattainment New Source Review Requirements
The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1114. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR
71018 (November 29, 2005)) and the SIP Requirements Rule implementing
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each
ozone nonattainment area must contain NNSR provisions that: Set major
source thresholds for NOX and VOC pursuant to 40 CFR
51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); classify physical changes as a
major source if the change would constitute a major source by itself
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider
certain increases of VOC emissions in extreme ozone nonattainment areas
as a significant net emissions increase and a major modification for
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions
rates for VOC and NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2);
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii)
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008
8-hour ozone NAAQS, the SIP for each ozone nonattainment area
designated nonattainment for the 2008 8-hour ozone NAAQS and designated
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also
contain NNSR provisions that include the anti-backsliding requirements
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
Georgia's longstanding SIP-approved NNSR program, established in
Air Quality Control Rule 391-3-1-.03(8)--Permit Requirements, applies
to the construction and modification of major stationary sources in
nonattainment areas. In its February 6, 2015 SIP revision, Georgia
certifies that the version of Air Quality Control Rule 391-3-1-.03(8)
in the SIP exceeds the federal NNSR requirements for the Atlanta Area.
EPA last approved revisions to the SIP-approved version of Georgia's
NNSR rule in 2010 addressing, among other things, the NNSR requirements
in the Phase 2 Rule that were relevant to the counties designated as
nonattainment for the 1997 8-hour ozone NAAQS in and around the Atlanta
metropolitan area (1997 Atlanta Area) and that were not already
satisfied by the SIP-approved rule.\4\ See 75 FR 71020 (November 22,
2010). Georgia's rule revision did not include Phase 2 Rule
requirements for 8-hour ozone nonattainment areas classified as serious
or above because the 1997 Atlanta Area was classified as a moderate
nonattainment area.
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\4\ The 1997 Atlanta Area was comprised of Barrow, Bartow,
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale,
Spalding and Walton Counties.
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The version of Rule 391-3-1-.03(8) that is contained in the current
SIP has not changed since the 2010 rulemaking.\5\ This version of the
rule covers the entire Atlanta Area and remains adequate to meet all
applicable NNSR requirements for the 2008 8-hour ozone NAAQS. The Phase
2 requirements for 8-hour ozone nonattainment areas classified as
serious or above remain inapplicable because the Atlanta Area is
classified as a moderate nonattainment area for the 2008 8-hour NAAQS
and the anti-backsliding requirements added in the 2008 8-hour ozone
implementation rule are inapplicable because the Atlanta Area was
redesignated to attainment for the 1997 8-hour ozone NAAQS in 2013.
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\5\ The entry for Rule 391-3-1-.03 in the table of SIP-approved
Georgia regulations at 40 CFR 52.570(e) is incorrect. The
``Explanation'' associated with the version of 391-3-1-.03 approved
by EPA on April 9, 2013 (78 FR 21065) should read ``Changes
specifically to (6)--Exemptions'' rather than ``Changes specifically
to (8)--Permit Requirements.'' EPA will correct this inadvertent
error in a future action.
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III. Final Action
EPA is approving the portion of Georgia's February 6, 2015, SIP
revision addressing the NNSR requirements for the 2008 8-hour ozone
NAAQS for the Atlanta Area. EPA has concluded that the State's
submission fulfills the 40
[[Page 14613]]
CFR 51.1114 revision requirement and meets the requirements of CAA
section 110 and the minimum SIP requirements of 40 CFR 51.165.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the NNSR portion of the SIP
revision should adverse comments be filed. This rule will be effective
May 22, 2017 without further notice unless the Agency receives adverse
comments by April 21, 2017.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on May 22, 2017 and no
further action will be taken on the proposed rule.
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. 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:
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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
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 May 22, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended 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, the table in paragraph (e) is amended by adding the
entry ``2008 8-hour ozone NAAQS Nonattainment New Source Review
Requirements for the Atlanta Area'' at the end of the table to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
[[Page 14614]]
EPA-Approved Georgia Non-Regulatory Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 8-hour ozone NAAQS Bartow, Cherokee, 2/6/2015 3/22/2017, [insert
Nonattainment New Source Review Clayton, Cobb, Federal Register
Requirements for the Atlanta Coweta, DeKalb, citation].
Area. Douglas, Fayette,
Forsyth, Fulton,
Gwinnett, Henry,
Newton, Paulding,
and Rockdale
Counties.
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[FR Doc. 2017-05459 Filed 3-21-17; 8:45 am]
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