Air Plan Approval; GA; Nonattainment New Source Review, 2646-2648 [2020-00326]
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Rules and Regulations
permission from the COTP or her
designated representative. The safety
zone will only be enforced when the
COTP or her designated representative
deems it necessary because of the rough
bar conditions, and enforcement will
cease immediately upon conditions
returning to safe levels. General boating
public will be notified prior to the
enforcement of the temporary safety
zone via Broadcast Notice to Mariners.
Dated: January 7, 2020.
R.E. Ore,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Los Angeles-Long Beach.
[FR Doc. 2020–00375 Filed 1–15–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0710; FRL–10004–
19–Region 4]
Air Plan Approval; GA; Nonattainment
New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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 approving changes to Georgia’s
Nonattainment New Source Review
(NNSR) permitting rules. This action is
being finalized pursuant to the Clean
Air Act (CAA or Act) and its
implementing regulations.
DATES: This rule will be effective
February 18, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0710. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
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SUMMARY:
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Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
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 (b)(52). Georgia Rule
391–3–1–.03(8)—Permit Requirements
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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
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
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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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Rules and Regulations
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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).
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 document 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.6
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
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.
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.
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See EPA’s notice of proposed
rulemaking (NPRM) published on
September 9, 2019 (84 FR 47213) for
further detail on the changes made in
the July 2, 2018 submission. Comments
were due on October 9, 2019, and EPA
received no comments on the NPRM.
EPA is approving the changes to
Georgia’s Rule 391–3–1–.03(8) because
these changes are consistent with the
CAA.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Georgia Rule 391–3–1–
.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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.7
III. Final Action
EPA is approving the aforementioned
changes to Georgia’s SIP, submitted in a
letter dated July 2, 2018, that make
revisions to Rule 391–3–1–.03(8)—
Permit Requirements. EPA views this
change as being consistent with the
CAA.
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. 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:
However, EPA is not acting on that revision because
Rule 391–3–1–.03(10) is not part of the SIP.
7 See 62 FR 27968 (May 22, 1997).
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2647
• 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.
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
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Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Rules and Regulations
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 March 16, 2020. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds,
Nitrogen oxides.
Subpart L—Georgia
2. Section 52.570(c) is amended under
the heading Permits by revising the
entry for ‘‘391–3–1–.03(8)’’ to read as
follows:
■
Dated: January 2, 2020.
Blake M. Ashbee,
Acting Regional Administrator, Region 4.
§ 52.570
For the reasons discussed in the
preamble, 40 CFR part 52 is amended as
follows:
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
EPA approval date
*
*
391–3–1–.03 ...........
*
391–3–1–.03(8) ......
*
*
Permit Requirements .....
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0177; FRL–10003–
44–Region 6]
Air Plan Approval; New Mexico; City of
Albuquerque-Bernalillo County; New
Source Review (NSR) Preconstruction
Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or the Act), the Environmental
Protection Agency (EPA) is approving
revisions to the applicable New Source
Review (NSR) State Implementation
Plan (SIP) for the City of AlbuquerqueBernalillo County submitted on January
18, 2018, that includes supplemental
information provided on April 30, 2019.
The EPA is approving newly adopted
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SUMMARY:
17:38 Jan 15, 2020
*
6/18/2018
*
1/16/2020, [Insert citation of publication].
*
[FR Doc. 2020–00326 Filed 1–15–20; 8:45 am]
VerDate Sep<11>2014
*
*
*
Permits
*
*
Explanation
Jkt 250001
*
*
*
*
Except paragraph (e), approved on 11/22/10 with
a state-effective date of 7/25/07.
*
Minor New Source Review (MNSR)
permitting regulations which waive
specific permitting requirements for
certain sources and create new
procedures for authorizing construction
and modification of these sources.
DATES: This rule is effective on February
18, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0177. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6 Office, 1201 Elm
Street, Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Rick
Barrett, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street,
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*
*
Dallas, TX 75270, 214–665–7227,
barrett.richard@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Rick Barrett or Mr.
Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our June 5, 2019
proposal (84 FR 26057). In that
document we proposed to approve
revisions to the City of AlbuquerqueBernalillo County SIP submitted on
January 18, 2018, including
supplemental information provided on
April 30, 2019. The revisions addressed
in our proposal included newly adopted
Minor New Source Review (MNSR)
permitting regulations which waive
specific permitting requirements for
certain sources and create new
procedures for authorizing construction
and modification of these sources. The
revisions created procedures which
allow owners and operators of eligible
gasoline dispensing facilities (GDF), and
emergency stationary reciprocating
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]]>Agencies
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Rules and Regulations]
[Pages 2646-2648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00326]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0710; FRL-10004-19-Region 4]
Air Plan Approval; GA; Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving changes to Georgia's Nonattainment New
Source Review (NNSR) permitting rules. This action is being finalized
pursuant to the Clean Air Act (CAA or Act) and its implementing
regulations.
DATES: This rule will be effective February 18, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0710. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: 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 (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 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
[[Page 2647]]
8-hour Ozone Area was redesignated to attainment, effective January 1,
2014. See 78 FR 72040 (December 2, 2013). Effective April 6, 2015, EPA
revoked the 1997 8-Hour Ozone NAAQS. See 80 FR 12264 (March 6, 2015).
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\3\ The Atlanta 1997 8-hour Ozone Area consisted of the
following counties: Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. The
1997 8-hour ozone NAAQS was set at 0.08 ppm based on an annual
fourth-highest daily maximum 8-hour average concentration averaged
over three years.
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Effective July 20, 2012, 15 counties surrounding Atlanta were
designated as nonattainment and classified as a ``marginal''
nonattainment area for the 2008 8-hour ozone NAAQS (hereinafter
referred to as the Atlanta 2008 8-hour 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 document 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.
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\5\ The Atlanta 2015 8-hour Ozone Area consists of the following
counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and
Henry. The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an
annual fourth-highest daily maximum 8-hour average concentration
averaged over three years.
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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.\6\
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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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See EPA's notice of proposed rulemaking (NPRM) published on
September 9, 2019 (84 FR 47213) for further detail on the changes made
in the July 2, 2018 submission. Comments were due on October 9, 2019,
and EPA received no comments on the NPRM. EPA is approving the changes
to Georgia's Rule 391-3-1-.03(8) because these changes are consistent
with the CAA.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rule
391-3-1-.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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\7\
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\7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to Georgia's SIP,
submitted in a letter dated July 2, 2018, that make revisions to Rule
391-3-1-.03(8)--Permit Requirements. EPA views this change as being
consistent with the CAA.
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. 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);
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.
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
[[Page 2648]]
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 March 16, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds, Nitrogen oxides.
Dated: January 2, 2020.
Blake M. Ashbee,
Acting Regional Administrator, Region 4.
For the reasons discussed in the preamble, 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. Section 52.570(c) is amended under the heading Permits by revising
the entry for ``391-3-1-.03(8)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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391-3-1-.03................. Permits
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* * * * * * *
391-3-1-.03(8).............. Permit Requirements 6/18/2018 1/16/2020, [Insert Except paragraph (e),
citation of approved on 11/22/10
publication]. with a state-effective
date of 7/25/07.
* * * * * * *
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* * * * *
[FR Doc. 2020-00326 Filed 1-15-20; 8:45 am]
BILLING CODE 6560-50-P
