Air Plan Approval; GA; Nonattainment New Source Review, 47213-47216 [2019-19307]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Proposed Rules
beyond those imposed by state law. For
that reason, this proposed 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
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and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2019.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019–19308 Filed 9–6–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0710; FRL–9999–44Region 4]
Air Plan Approval; GA; Nonattainment
New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision provided by the State of
Georgia, through the Georgia
Environmental Protection Division (GA
EPD) of the Department of Natural
Resources, via a letter dated July 2,
2018. Specifically, EPA is proposing to
approve changes to Georgia’s
Nonattainment New Source Review
(NNSR) permitting rules. This action is
being proposed pursuant to the Clean
Air Act (CAA or Act) and its
implementing regulations.
DATES: Comments must be received on
or before October 9, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. at EPA–
R04–OAR–2018–0710 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
SUMMARY:
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making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, 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.
The telephone number is (404) 562–
9043. Mr. Lakeman can also be reached
via electronic mail at lakeman.sean@
epa.gov.
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
52.21(b)(2)(i) and 40 CFR 52.21(b)(52).
Georgia Rule 391–3–1–.03(8)—Permit
Requirements contains the State’s NNSR
permitting requirements and identifies
the counties subject to those
requirements.
Effective January 6, 1992, EPA
designated 13 counties surrounding
Atlanta, Georgia, as nonattainment for
the 1-hour ozone NAAQS and classified
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them as a ‘‘serious’’ nonattainment area
(hereinafter referred to as the Atlanta 1hour 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 (NOX) 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).
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 NOX 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).
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 1hour 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 NOx or VOCs to the total
increased emissions of those pollutants.
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
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 NOX 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).
Approximately one year later, on June
4, 2018, EPA published a Federal
Register notice announcing that seven
counties surrounding Atlanta were
designated as nonattainment and
classified 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 (effective
August 3, 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
NOX or VOC and that emissions offsets
apply at a ratio of at least 1.1:1.
Due to the redesignations identified
above and the nonattainment
designation for the 2015 8-hour ozone
NAAQS, the ozone nonattainment area
surrounding Atlanta now consists of
seven counties—Bartow, Clayton, Cobb,
DeKalb, Fulton, Gwinnett, and Henry.
Via a letter dated July 2, 2018, GA EPD
provided a SIP revision to EPA to
modify the NNSR requirements in Rule
391–3–1–.03(8)—Permit Requirements
as discussed below.6 In this proposed
action, EPA is proposing to approve the
changes to Georgia’s Rule 391–3–1.03(8) because these changes are
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.
5 The Atlanta 2015 8-hour Ozone Area consists of
the following counties: Bartow, Clayton, Cobb,
DeKalb, Fulton, Gwinnett, and Henry. The 2015 8hour ozone NAAQS is set at 0.070 ppm based on
an annual fourth-highest daily maximum 8-hour
average concentration averaged over three years.
6 EPA received the submittal on July 6, 2018.
Georgia’s cover letter also requested revision to
Rule 391–3–1–.03(10)—Title V Operating Permits.
However, EPA is not acting on that revision because
Rule 391–3–1-.03(10) is not part of the SIP.
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consistent with the CAA. EPA’s analysis
is provided below.
II. Analysis of State’s Submittal
EPA is proposing to approve changes
to NNSR permitting requirements in
Rule 391–3–1–.03(8) that remove the
NNSR provision specific to the counties
that were part of the Atlanta 1-hour
Ozone Area and remove references to
that provision, and apply permitting
requirements to certain electric
generating units (EGUs) located in
counties in the maintenance area for the
1997 8-hour ozone NAAQS.7
Specifically, Georgia is removing Rule
391–3–1–.03(8)(c)(13)—Additional
Provisions for Ozone Non-Attainment
Areas for Counties that were Formerly
Part of the 1-hour Ozone NonAttainment Area; revising and renaming
Rule 391–3–1–.03(8)(c)(14)—Additional
Provisions for Ozone Non-Attainment
Areas for Counties that were Not
Formerly Part of the 1-hour Ozone NonAttainment Area; revising 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 Non-Attainment Area
and removing references to Rule 391–3–
1–.03(8)(c)(13) located at Rule 391–3–1–
.03(8)(c)(12)(iv) and Rules 391–3–1–
.03(8)(g)(2)(i), (5)(i), and (6)(i). These
changes have the effect of applying the
NNSR permitting requirements of Rule
391–3–1–.03(8)(c)(14) to the counties
located in the Atlanta 2015 8-hour
Ozone Area and to the counties located
in the maintenance area for the 2008 8hour ozone NAAQS.
Rule 391–3–1–.03(8)(c)(13) applies
‘‘severe’’ ozone nonattainment area
NNSR requirements to the counties
formerly included in the Atlanta 1-hour
Ozone Area. Among other things, Rule
391–3–1–.03(8)(c)(13) defines ‘‘major
source’’ and ‘‘major stationary source’’
to include certain sources that emit or
have the potential to emit at least 25
tons per year of VOC or NOX; identifies
the net emissions increase triggering the
permitting requirement as a result of a
physical or operational change at a
major stationary source; and sets an
emissions offset ratio of at least 1.3:1.
As mentioned above, EPA
redesignated the Atlanta 1-hour Ozone
Area to attainment on June 14, 2005 (70
FR 34660) and revoked the 1-hour
standard on August 4, 2005 (70 FR
44470). EPA has also redesignated the
Atlanta 1997 8-hour Ozone Area and
Atlanta 2008 8-hour Ozone Area to
attainment and revoked the 1997 8-hour
7 An area redesignated to attainment is referred to
as a maintenance area.
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ozone standard. EPA is proposing to
approve the removal of Rule 391–3–1–
.03(8)(c)(13), thereby eliminating
‘‘severe’’ ozone nonattainment area
NNSR requirements for the counties
formerly included in the Atlanta 1-hour
Ozone Area.
Rule 391–3–1–.03(8)(c)(14), among
other things, defines ‘‘major source’’ and
‘‘major stationary source’’ to include
certain sources that emit or have the
potential to emit at least 100 tons per
year of VOC or NOX; identifies the net
emissions increase triggering the
permitting requirement as a result of a
physical or operational change at a
major stationary source; and sets an
emissions offset ratio of at least 1.15:1
(i.e., the rule applies ‘‘moderate’’ ozone
nonattainment area NNSR requirements
to the counties listed therein). The
revised rule adds the 13 counties from
Rule 391–3–1–.03(8)(c)(13), (i.e., the
counties that comprised the Atlanta 1hour Ozone Area) and removes five
counties (Barrow, Carroll, Hall,
Spalding, and Walton) so that Rule 391–
3–1–.03(8)(c)(14) applies to all of the
counties in the 2008 ozone NAAQS
maintenance area and the Atlanta 2015
8-hour Ozone Area.8 The revision also
changes the title of the rule to
‘‘Additional Provisions for Ozone NonAttainment Areas.’’
The ‘‘Additional Provisions for
Electrical Generating Units Located in
Areas Contributing to the Ambient Air
Level of Ozone in the Metropolitan
Atlanta Ozone Non-Attainment Area’’ at
Rule 391–3–1–.03(8)(c)(15), among other
things, define ‘‘major source’’ and
‘‘major stationary source’’ to include
certain sources that emit or have the
potential to emit at least 100 tons per
year of VOC or NOX; identify the net
emissions increase threshold triggering
the permitting requirement as a result of
a physical or operational change at a
major stationary source; require Best
Available Control Technology for the
units subject to the permitting
requirement; and set an emissions offset
ratio of at least 1.1:1. The revision adds
the five counties (Barrow, Carroll, Hall,
Spalding, and Walton) removed from
Rule 391–3–1–.03(8)(c)(14).9 None of
the counties listed in Rule 391–3–1–
.03(8)(c)(15) are part of the Atlanta 2015
8 The revised rule applies to the following
counties: Bartow, Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Newton, Paulding, and Rockdale.
9 The revised rule applies to the following
counties: 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.
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8-hour Ozone Area or the maintenance
area for the 2008 ozone NAAQS.
Lastly, the submission requests
removal of references to Rule 391–3–1–
.03(8)(c)(13) at Rule 391–3–1–
.03(8)(c)(12)(iv) and Rules 391–3–1–
.03(8)(g)(2)(i), (5)(i), and (6)(i).
EPA is proposing to approve the
changes described in Georgia’s July 2,
2018, SIP revision because it is no
longer necessary for the State to retain
either the NNSR provisions developed
to address the former severe
nonattainment area for the 1-hour ozone
NAAQS or the NNSR program for the
five counties removed from Rule 391–3–
1–.03(8)(c)(14) that are part of the
maintenance area for the 1997 ozone
NAAQS and are designated as
attainment for all ozone NAAQS. These
changes are acceptable under the ozone
implementation rules for the 1997 and
2008 ozone NAAQS because the antibacksliding provisions contained
therein do not apply.10 The changes are
also acceptable under CAA section
110(l), which prevents EPA from
approving a SIP revision that would
interfere with any applicable
requirements concerning attainment and
reasonable further progress or any other
applicable CAA requirement, for the
following reasons.11 First, 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). Therefore, the conditions in
the NNSR permits issued in the counties
within the former Atlanta ozone
nonattainment areas, along with any
associated emissions offsets, will remain
in effect. Second, EPA’s NSR permitting
rules and Georgia’s SIP-approved
regulations implementing those
requirements prohibit the State from
issuing permits to new or modified
stationary sources if such construction
or modification would interfere with
attainment or maintenance of any
NAAQS. 40 CFR 51.160 requires each
state’s SIP to contain enforceable
10 See 40 CFR 51.905 and 51.1105, respectively.
As discussed above, EPA redesignated the Atlanta
1-hour Ozone Area to attainment and subsequently
revoked the 1-hour standard; redesignated the
Atlanta 1997 8-hour Ozone Area to attainment and
subsequently revoked the 1997 8-hour standard;
and redesignated the Atlanta 2008 8-hour Ozone
Area to attainment.
11 EPA also evaluated the applicability of CAA
section 193 to the proposed changes. Section 193
is a general savings clause stating that no control
requirement in effect before November 15, 1990, in
any nonattainment area for any air pollutant may
be modified after November 15, 1990 in any manner
unless the modification insures equivalent or
greater emission reductions of such air pollutant.
Section 193 is not applicable to this proposed
action because Georgia first adopted the rules at
issue after November 15, 1990.
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47215
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).12 These two rules are
applicable to all NSR programs—minor
NSR, PSD, and NNSR. Third, new major
sources and major modifications
covered under the NNSR program in
Rule 391–3–1–.03(8)(c)(14) that are
located in counties formerly within the
Atlanta 1-hour Ozone Area must still
obtain emissions offsets at an emissions
reduction to emissions increase ratio
greater than one, thereby ensuring that
any future new sources and major
modifications will result in a net
decrease in ozone precursor emissions.
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, EPA is
proposing to incorporate by reference
Georgia Rule 391–3–1–.03(8)—Permit
Requirements, which revises the State’s
permit rules, state effective June 18,
2018. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
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
EPA is proposing to approve the
aforementioned changes to the Georgia
SIP, submitted in a letter dated July 2,
2018, because they are consistent with
the CAA and federal regulations.
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
Act and applicable Federal regulations.
12 The SIP-approved version of Rule 391–3–1–
.03(8)(a) states that ‘‘Each application for a permit
to construct a new stationary source or modify an
existing stationary source shall be subjected to a
preconstruction or premodification review by the
Director [of the Division of Environmental
Protection or his designee]. The Director shall
determine prior to issuing any permit that the
proposed construction or modification will not
cause or contribute to a failure to attain (as
expeditiously as practicable) or maintain any
ambient air quality standard, a significant
deterioration of air quality, or a violation of any
applicable emission limitation or standard of
performance or other requirement under the
[Georgia Air Quality] Act or this Chapter (391–3–
1). Each person applying to the Director for a permit
to construct a new stationary source or modify an
existing stationary source shall provide information
required by the Director to make such
determination.’’
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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. This 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:
• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds,
Nitrogen Oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019–19307 Filed 9–6–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0510; FRL–9999–43–
Region 4]
Air Plan Approval and Designation of
Areas; FL; Source-Specific SO2 Permit
Limits & Redesignation of
Hillsborough-Polk 2010 1-Hr SO2
Nonattainment Area to Attainment &
Mulberry Unclassifiable Area to
Attainment/Unclassifiable
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
state implementation plan (SIP)
revisions and two redesignation
requests provided by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP),
related to the 2010 1-hour sulfur dioxide
(SO2) national ambient air quality
standard (NAAQS or standard).
Specifically, EPA is proposing to
approve a December 1, 2017, SIP
revision (as supplemented through a
February 15, 2019 draft SIP revision
discussed below) that includes SO2
multi-unit permit limits and associated
compliance and monitoring parameters
for Mosaic Fertilizer LLC’s New Wales
facility (Mosaic New Wales) and Bartow
facility (Mosaic Bartow), both located in
Polk County, Florida. The December 1,
2017, SIP revision also includes a
modeling analysis to demonstrate that
the Hillsborough-Polk SO2
nonattainment area (hereinafter referred
to as the ‘‘Hillsborough-Polk Area’’)
attains the SO2 NAAQS with these
permit limits. EPA is also proposing to
approve, through parallel processing, a
draft February 15, 2019, request to
redesignate the Hillsborough-Polk Area
to attainment for the 1-hour SO2
NAAQS and associated SIP revision
containing the State’s plan for
maintaining attainment of the standard
SUMMARY:
PO 00000
Frm 00069
Fmt 4702
Sfmt 4702
in the Area. As mentioned above, a draft
February 15, 2019, SIP revision also
revises the modeling analysis in the
2017 SIP revision. Additionally, the
draft February 15, 2019, SIP revisions
contain a base-year emissions inventory
for the Area and certify that the Area
meets nonattainment new source review
(NNSR) requirements. EPA is proposing
to approve the draft February 15, 2019,
SIP revisions through parallel
processing. In addition, EPA is
proposing to approve, through parallel
processing, a draft February 15, 2019,
request to redesignate the Mulberry
Unclassifiable Area (hereinafter referred
to as the ‘‘Mulberry Area’’) to
attainment/unclassifiable for the 2010 1hour SO2 NAAQS.
DATES: Comments must be received on
or before October 9, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0510 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:
Madolyn Sanchez, 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.
Ms. Sanchez may be reached by phone
at (404) 562–9644 or via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is parallel processing?
II. What are the actions EPA is proposing to
take?
III. Background
E:\FR\FM\09SEP1.SGM
09SEP1
]]>Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Proposed Rules]
[Pages 47213-47216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19307]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0710; FRL-9999-44-Region 4]
Air Plan Approval; GA; Nonattainment 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 provided by the
State of Georgia, through the Georgia Environmental Protection Division
(GA EPD) of the Department of Natural Resources, via a letter dated
July 2, 2018. Specifically, EPA is proposing to approve changes to
Georgia's Nonattainment New Source Review (NNSR) permitting rules. This
action is being proposed pursuant to the Clean Air Act (CAA or Act) and
its implementing regulations.
DATES: Comments must be received on or before October 9, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. at EPA-
R04-OAR-2018-0710 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: Sean Lakeman, 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. The telephone number is
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at
[email protected].
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 52.21(b)(2)(i) and 40 CFR 52.21(b)(52).
Georgia Rule 391-3-1-.03(8)--Permit Requirements contains the State's
NNSR permitting requirements and identifies the counties subject to
those requirements.
Effective January 6, 1992, EPA designated 13 counties surrounding
Atlanta, Georgia, as nonattainment for the 1-hour ozone NAAQS and
classified
[[Page 47214]]
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 (NOX) 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).
---------------------------------------------------------------------------
\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 NOx or VOCs to the total increased emissions
of those pollutants.
---------------------------------------------------------------------------
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 NOX 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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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 NOX 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, on June 4, 2018, EPA published a
Federal Register notice announcing that seven counties surrounding
Atlanta were designated as nonattainment and classified 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 (effective August 3, 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 NOX
or VOC and that emissions offsets apply at a ratio of at least 1.1:1.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Due to the redesignations identified above and the nonattainment
designation for the 2015 8-hour ozone NAAQS, the ozone nonattainment
area surrounding Atlanta now consists of seven counties--Bartow,
Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. Via a letter dated
July 2, 2018, GA EPD provided a SIP revision to EPA to modify the NNSR
requirements in Rule 391-3-1-.03(8)--Permit Requirements as discussed
below.\6\ In this proposed action, EPA is proposing to approve the
changes to Georgia's Rule 391-3-1-.03(8) because these changes are
consistent with the CAA. EPA's analysis is provided below.
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\6\ EPA received the submittal on July 6, 2018. Georgia's cover
letter also requested revision to Rule 391-3-1-.03(10)--Title V
Operating Permits. However, EPA is not acting on that revision
because Rule 391-3-1-.03(10) is not part of the SIP.
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II. Analysis of State's Submittal
EPA is proposing to approve changes to NNSR permitting requirements
in Rule 391-3-1-.03(8) that remove the NNSR provision specific to the
counties that were part of the Atlanta 1-hour Ozone Area and remove
references to that provision, and apply permitting requirements to
certain electric generating units (EGUs) located in counties in the
maintenance area for the 1997 8-hour ozone NAAQS.\7\ Specifically,
Georgia is removing Rule 391-3-1-.03(8)(c)(13)--Additional Provisions
for Ozone Non-Attainment Areas for Counties that were Formerly Part of
the 1-hour Ozone Non-Attainment Area; revising and renaming Rule 391-3-
1-.03(8)(c)(14)--Additional Provisions for Ozone Non-Attainment Areas
for Counties that were Not Formerly Part of the 1-hour Ozone Non-
Attainment Area; revising 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 Non-Attainment Area and removing references to Rule 391-
3-1-.03(8)(c)(13) located at Rule 391-3-1-.03(8)(c)(12)(iv) and Rules
391-3-1-.03(8)(g)(2)(i), (5)(i), and (6)(i). These changes have the
effect of applying the NNSR permitting requirements of Rule 391-3-
1-.03(8)(c)(14) to the counties located in the Atlanta 2015 8-hour
Ozone Area and to the counties located in the maintenance area for the
2008 8-hour ozone NAAQS.
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\7\ An area redesignated to attainment is referred to as a
maintenance area.
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Rule 391-3-1-.03(8)(c)(13) applies ``severe'' ozone nonattainment
area NNSR requirements to the counties formerly included in the Atlanta
1-hour Ozone Area. Among other things, Rule 391-3-1-.03(8)(c)(13)
defines ``major source'' and ``major stationary source'' to include
certain sources that emit or have the potential to emit at least 25
tons per year of VOC or NOX; identifies the net emissions
increase triggering the permitting requirement as a result of a
physical or operational change at a major stationary source; and sets
an emissions offset ratio of at least 1.3:1.
As mentioned above, EPA redesignated the Atlanta 1-hour Ozone Area
to attainment on June 14, 2005 (70 FR 34660) and revoked the 1-hour
standard on August 4, 2005 (70 FR 44470). EPA has also redesignated the
Atlanta 1997 8-hour Ozone Area and Atlanta 2008 8-hour Ozone Area to
attainment and revoked the 1997 8-hour
[[Page 47215]]
ozone standard. EPA is proposing to approve the removal of Rule 391-3-
1-.03(8)(c)(13), thereby eliminating ``severe'' ozone nonattainment
area NNSR requirements for the counties formerly included in the
Atlanta 1-hour Ozone Area.
Rule 391-3-1-.03(8)(c)(14), among other things, defines ``major
source'' and ``major stationary source'' to include certain sources
that emit or have the potential to emit at least 100 tons per year of
VOC or NOX; identifies the net emissions increase triggering
the permitting requirement as a result of a physical or operational
change at a major stationary source; and sets an emissions offset ratio
of at least 1.15:1 (i.e., the rule applies ``moderate'' ozone
nonattainment area NNSR requirements to the counties listed therein).
The revised rule adds the 13 counties from Rule 391-3-1-.03(8)(c)(13),
(i.e., the counties that comprised the Atlanta 1-hour Ozone Area) and
removes five counties (Barrow, Carroll, Hall, Spalding, and Walton) so
that Rule 391-3-1-.03(8)(c)(14) applies to all of the counties in the
2008 ozone NAAQS maintenance area and the Atlanta 2015 8-hour Ozone
Area.\8\ The revision also changes the title of the rule to
``Additional Provisions for Ozone Non-Attainment Areas.''
---------------------------------------------------------------------------
\8\ The revised rule applies to the following counties: Bartow,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.
---------------------------------------------------------------------------
The ``Additional Provisions for Electrical Generating Units Located
in Areas Contributing to the Ambient Air Level of Ozone in the
Metropolitan Atlanta Ozone Non-Attainment Area'' at Rule 391-3-
1-.03(8)(c)(15), among other things, define ``major source'' and
``major stationary source'' to include certain sources that emit or
have the potential to emit at least 100 tons per year of VOC or
NOX; identify the net emissions increase threshold
triggering the permitting requirement as a result of a physical or
operational change at a major stationary source; require Best Available
Control Technology for the units subject to the permitting requirement;
and set an emissions offset ratio of at least 1.1:1. The revision adds
the five counties (Barrow, Carroll, Hall, Spalding, and Walton) removed
from Rule 391-3-1-.03(8)(c)(14).\9\ None of the counties listed in Rule
391-3-1-.03(8)(c)(15) are part of the Atlanta 2015 8-hour Ozone Area or
the maintenance area for the 2008 ozone NAAQS.
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\9\ The revised rule applies to the following counties: 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.
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Lastly, the submission requests removal of references to Rule 391-
3-1-.03(8)(c)(13) at Rule 391-3-1-.03(8)(c)(12)(iv) and Rules 391-3-
1-.03(8)(g)(2)(i), (5)(i), and (6)(i).
EPA is proposing to approve the changes described in Georgia's July
2, 2018, SIP revision because it is no longer necessary for the State
to retain either the NNSR provisions developed to address the former
severe nonattainment area for the 1-hour ozone NAAQS or the NNSR
program for the five counties removed from Rule 391-3-1-.03(8)(c)(14)
that are part of the maintenance area for the 1997 ozone NAAQS and are
designated as attainment for all ozone NAAQS. These changes are
acceptable under the ozone implementation rules for the 1997 and 2008
ozone NAAQS because the anti-backsliding provisions contained therein
do not apply.\10\ The changes are also acceptable under CAA section
110(l), which prevents EPA from approving a SIP revision that would
interfere with any applicable requirements concerning attainment and
reasonable further progress or any other applicable CAA requirement,
for the following reasons.\11\ First, 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).
Therefore, the conditions in the NNSR permits issued in the counties
within the former Atlanta ozone nonattainment areas, along with any
associated emissions offsets, will remain in effect. Second, EPA's NSR
permitting rules and Georgia's SIP-approved regulations implementing
those requirements prohibit the State from issuing permits to new or
modified stationary sources if such construction or modification would
interfere with attainment or maintenance of any NAAQS. 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).\12\ These two
rules are applicable to all NSR programs--minor NSR, PSD, and NNSR.
Third, new major sources and major modifications covered under the NNSR
program in Rule 391-3-1-.03(8)(c)(14) that are located in counties
formerly within the Atlanta 1-hour Ozone Area must still obtain
emissions offsets at an emissions reduction to emissions increase ratio
greater than one, thereby ensuring that any future new sources and
major modifications will result in a net decrease in ozone precursor
emissions.
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\10\ See 40 CFR 51.905 and 51.1105, respectively. As discussed
above, EPA redesignated the Atlanta 1-hour Ozone Area to attainment
and subsequently revoked the 1-hour standard; redesignated the
Atlanta 1997 8-hour Ozone Area to attainment and subsequently
revoked the 1997 8-hour standard; and redesignated the Atlanta 2008
8-hour Ozone Area to attainment.
\11\ EPA also evaluated the applicability of CAA section 193 to
the proposed changes. Section 193 is a general savings clause
stating that no control requirement in effect before November 15,
1990, in any nonattainment area for any air pollutant may be
modified after November 15, 1990 in any manner unless the
modification insures equivalent or greater emission reductions of
such air pollutant. Section 193 is not applicable to this proposed
action because Georgia first adopted the rules at issue after
November 15, 1990.
\12\ The SIP-approved version of Rule 391-3-1-.03(8)(a) states
that ``Each application for a permit to construct a new stationary
source or modify an existing stationary source shall be subjected to
a preconstruction or premodification review by the Director [of the
Division of Environmental Protection or his designee]. The Director
shall determine prior to issuing any permit that the proposed
construction or modification will not cause or contribute to a
failure to attain (as expeditiously as practicable) or maintain any
ambient air quality standard, a significant deterioration of air
quality, or a violation of any applicable emission limitation or
standard of performance or other requirement under the [Georgia Air
Quality] Act or this Chapter (391-3-1). Each person applying to the
Director for a permit to construct a new stationary source or modify
an existing stationary source shall provide information required by
the Director to make such determination.''
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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, EPA is proposing to incorporate by
reference Georgia Rule 391-3-1-.03(8)--Permit Requirements, which
revises the State's permit rules, state effective June 18, 2018. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov 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
EPA is proposing to approve the aforementioned changes to the
Georgia SIP, submitted in a letter dated July 2, 2018, because they are
consistent with the CAA and federal regulations.
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 Act and applicable
Federal regulations.
[[Page 47216]]
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. This 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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds, Nitrogen Oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 27, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-19307 Filed 9-6-19; 8:45 am]
BILLING CODE 6560-50-P
