Air Plan Approval; Georgia: Definition for Permitting, 32300-32303 [2020-09602]
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Rules and Regulations
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Aaron T. Siegel,
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[FR Doc. 2020–11551 Filed 5–28–20; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0113; FRL–10009–
10-Region 4]
Air Plan Approval; Georgia: Definition
for Permitting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a State Implementation Plan (SIP)
revision submitted by the State of
Georgia, through the Georgia
Department of Natural Resources’
Environmental Protection Division (GA
EPD) on September 19, 2006, with a
clarification submitted on November 6,
2006, and a supplemental submittal
transmitted on November 27, 2019. EPA
is approving portions of a definition that
impacts existing minor new source
review (NSR) permitting regulations
SUMMARY:
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because the State has demonstrated it is
consistent with the Clean Air Act (CAA
or Act).
DATES:
This rule is effective June 29,
2020.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2007–0113. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
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.
ADDRESSES:
D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Akers can also be reached via
telephone at (404) 562–9089 or via
electronic mail at akers.brad@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. What action is EPA finalizing?
EPA is approving certain changes to
the Georgia SIP that were provided to
EPA by GA EPD via a letter dated
September 19, 2006. EPA previously
approved the majority of the changes to
Georgia rules originally included in the
September 19, 2006, submittal.1 In
addition, GA EPD has withdrawn
several portions of the SIP revision from
1 EPA approved portions of the September 19,
2006, SIP revision as follows: Changes to Rule 391–
3–1–.01, Definitions, were approved on February 9,
2010 (75 FR 6309); changes to Rule 391–3–1–.02,
Provisions, were approved on February 9, 2010 (75
FR 6309), December 1, 2010 (75 FR 74642), and
September 1, 2015 (80 FR 52627); and changes to
Rule 391–3–1–.03, Permits, were approved on April
9, 2013 (78 FR 21065) and November 22, 2019 (84
FR 64427).
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EPA consideration.2 In this action, EPA
is approving the portion of this SIP
revision that makes changes to the
State’s Rule 391–3–1–.01, Definitions.
The portion of the SIP revision
considered adds a definition for
‘‘Pollution control project’’ (PCP)—
which GA EPD describes as
environmentally-beneficial projects that
reduce criteria pollutant emissions—
that relates to minor NSR applicability
for construction permitting under Rule
391–3–1–.03, Permits. The changes to
this rule and EPA’s rationale for
approval are described in more detail in
EPA’s notice of proposed rulemaking
(NPRM) published on March 16, 2020.
See 85 FR 14843.
Comments on EPA’s March 16, 2020,
NPRM were due on April 15, 2020. EPA
received comments which, as discussed
in Section III below, do not challenge
the underlying rationale for EPA’s
proposed action. Accordingly, EPA is
finalizing action on the March 16, 2020,
NPRM.
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II. EPA’s Analysis of the Georgia’s
Submittal
EPA is approving portions of the
definition of ‘‘Pollution control project’’
into the Georgia SIP at Rule 391–3–1–
.01(qqqq). This definition lists certain
projects, described as ‘‘environmentally
beneficial,’’ that are exempted from the
minor NSR 3 construction permit
requirements pursuant to Rule 391–3–
1–.03(6)(j). The exemption does not
apply to sources subject to major NSR
requirements under either 391–3–1–
.02(7) (‘‘Prevention of Significant
Deterioration [PSD] of Air Quality’’), or
391–3–1–.03(8) ‘‘Permit Requirements’’
under paragraph (c), (Georgia’s
nonattainment new source review
(NNSR) program). The exemption for
PCPs applies to minor sources only,
limiting any emissions increases from
the exempted projects to below the
2 GA EPD withdrew portions of the September 19,
2006, SIP revision as follows: 391–3–1–.02 on
January 25, 2016 and portions of 391–3–1–.01 on
November 27, 2019.
3 EPA’s regulations governing the implementation
of NSR permitting programs are contained in 40
CFR 51.160–51.166; 52.21, 52.24; and part 51,
Appendix S. The CAA NSR program is composed
of three separate programs: PSD, NNSR, and Minor
NSR. PSD is established in part C of title I of the
CAA and applies to major stationary sources in
areas that meet the national ambient air quality
standards (NAAQS)—‘‘attainment areas’’—as well
as areas where there is insufficient information to
determine if the area meets the NAAQS—
‘‘unclassifiable areas.’’ The NNSR program is
established in part D of title I of the CAA and
applies to major stationary sources in areas that are
not in attainment of the NAAQS—‘‘nonattainment
areas.’’ The Minor NSR program applies to
stationary sources that do not require PSD or NNSR
permits. Together, these programs are referred to as
the NSR programs.
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major source thresholds for all
pollutants.
EPA previously approved the
exemption for PCPs for minor sources at
.03(6)(j) on February 9, 2010 (75 FR
6309) but did not act on the PCP
definition at Rule 391–3–1–.01(qqqq) at
that time. In this action, EPA is
approving a definition of ‘‘Pollution
control project’’ at .01(qqqq). Because
this definition only applies to minor
sources, it is not impacted by the United
States Court of Appeals for the District
of Columbia Circuit decision in New
York v. EPA, 413 F.3d 3 (D.C. Cir.), in
which the D.C. Circuit vacated an
exemption for PCPs from the federal
NSR regulations for major sources.
Georgia’s previously approved NSR
regulations governing major sources are
consistent with federal requirements
and the D.C. Circuit decision on PCPs
for major NSR.
On June 29, 2017 (82 FR 29469), EPA
published a NPRM proposing approval
of changes to 391–3–1–.01, Definitions,
and 391–3–1–.03, Permits, and
published an accompanying direct final
rule. See 82 FR 29418. EPA specifically
proposed to approve a definition of
‘‘Pollution control project’’ at 391–3–1–
.01(qqqq), which included
subparagraphs .01(qqqq)1. through 8., as
a clarifying amendment to an existing
exemption from minor NSR permitting
at 391–3–1–.03(6)(j). The proposed rule
stated that if EPA received adverse
comment on the direct final rule, then
the Agency would withdraw the direct
final rule and address public comments
received in a subsequent final rule
based on the proposed rule. EPA
received one adverse comment
regarding the portion of the direct final
rule revising 391–3–1–.01, Definitions,
and EPA accordingly withdrew the
direct final rule on August 22, 2017.4 See
82 FR 39671.
Since the August 22, 2017,
withdrawal of EPA’s direct final rule,
GA EPD has withdrawn several portions
of the definition at .01(qqqq) from EPA
consideration. Specifically, on
November 27, 2019, GA EPD withdrew
.01(qqqq)1. and .01(qqqq)3. through 8.,
and submitted a supplemental
justification for the approval of
.01(qqqq)2. into the SIP.5 The remaining
list of projects EPA is considering in
this action at .01(qqqq)2. are as follows:
‘‘[e]lectrostatic precipitators, baghouses,
4 The adverse comment received on the June 29,
2017, proposed rule is included in the docket for
this action.
5 The November 27, 2019, partial withdrawal
letter and accompanying Attachment A transmitting
supporting documentation for the remainder of the
SIP revision are included in the docket for this
action.
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high-efficiency multiclones, or
scrubbers for control of particulate
matter or other air contaminants.’’ EPA
proposed to approve this remaining
portion of the definition on March 16,
2020. See 85 FR 14843.
EPA is approving the remaining
portion of the definition, specifically the
introductory paragraph and
subparagraph .01(qqqq)2. EPA has
evaluated the exemption and believes,
in its technical judgment, that the listed
projects will reduce emissions of both
NAAQS and non-NAAQS pollutants.
Additionally, EPA notes that these
projects will not lead to collateral
emissions increases of any NAAQS
pollutants. As a result, these types of
projects already qualify for Georgia’s
preexisting minor NSR exemption at
Rule 391–3–1–.03(6)(i)3. That provision
exempts projects that fall below certain
specified emissions thresholds. Since
the projects included under Rule 391–
3–1–.01(qqqq)2. will not increase
emissions of any NAAQS pollutant,
they would previously have been
exempted under those thresholds.
Therefore, the revision will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in CAA
section 171), or any other applicable
requirement of the CAA, consistent with
CAA section 110(l). EPA believes that
these projects are otherwise
appropriately exempted from Georgia’s
minor NSR program under CAA section
110(a)(2)(C). That provision requires a
program within the State to regulate the
construction and modification of
sources such that the NAAQS are
maintained. By definition, a project that
will not lead to any emissions increases
will not negatively impact the NAAQS.
To the extent CAA section 193 applies
to this action, EPA has concluded that
the revision is consistent with the
requirements of that provision because
these changes will not lead to any
increases of NAAQS pollutants. See
EPA’s March 16, 2020, NPRM (85 FR
14843) for more detail on EPA’s
rationale for approval.
III. Response to Comments
EPA received two comments that do
not directly address the March 16, 2020,
NPRM. EPA also received one comment
that generally supports the proposed
action, but raises other points that are
summarized and discussed below.
Comment 1: The Commenter requests
that EPA adequately publicize that
Georgia Rule 391–3–1.01(qqqq)1. and
(qqqq)3. through 8.—which GA EPD
withdrew from EPA consideration—are
not part of the SIP. Specifically, the
Commenter requests that EPA include
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an explanation at 40 CFR 52.570(c),
‘‘EPA Approved Georgia Regulations,’’
confirming that these provisions are not
included in the SIP and that this
explanation remain in place as long as
these provisions remain in the State’s
regulations.
Response 1: The Commenter does not
challenge the substance of the State rule
EPA has proposed to approve into
Georgia’s SIP. Consistent with its
current practice, EPA Region 4 will
identify exceptions from the SIPapproved version of Rule 391–3–1–.01
in the explanations column of the
Georgia SIP table at § 52.570(c), and the
explanation will remain in place until
the need for the explanation is
eliminated through an approved SIP
revision.
Comment 2: The Commenter requests
that EPA include the aforementioned
explanation on EPA Region 4’s website
titled ‘‘EPA Approved Statutes and
Regulations in the Georgia SIP’’ 6 and
notes that exceptions at Rule 391–3–1–
.01 listed at 40 CFR 52.570(c) are not
reproduced on the website. The
Commenter states that it is essential that
EPA’s website correctly identify the
approved State regulations to ensure
that the public is adequately informed
of the operative provisions of the
Georgia SIP.
Response 2: These comments
regarding Region 4’s website are outside
the scope of this action. However, EPA
acknowledges that the Region 4 website
may have created confusion. The
website titled ‘‘Approved Air Quality
Implementation Plans in Georgia’’
contains the following statement:
About this website: The official SIPs, TIPs,
and FIPs are contained in regulations
promulgated in the Federal Register and
codified in the U.S. Code of Federal
Regulations (CFR). EPA’s web-versions of the
approved SIPs, TIPs, and FIPs are for
reference. While we make every effort to
maintain the accuracy of the files accessible
here, inconsistencies may occur. Please
contact us using the link below if you find
any errors in these files.
To add clarity, EPA Region 4 has
revised this statement as follows and
placed it on all three of its websites
related to Georgia’s SIP: 7
About this website: This website does not
necessarily represent the current version of
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6 This
website is located at https://www.epa.gov/
sips-ga/epa-approved-statutes-and-regulationsgeorgia-sip. It is a sub-site of the website titled
‘‘Approved Air Quality Implementation Plans in
Georgia,’’ located at https://www.epa.gov/sips-ga,
which is a sub-site of the website titled ‘‘Approved
Air Quality Implementation Plans in Region 4,’’
located at https://www.epa.gov/air-qualityimplementation-plans/approved-air-qualityimplementation-plans-region-4.
7 See footnote 6.
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the SIPs, TIPs, or FIPs. The official SIPs,
TIPs, and FIPs are contained in regulations
promulgated in the Federal Register and
codified in the U.S. Code of Federal
Regulations (CFR). While we make every
effort to maintain the accuracy of the files
accessible here, inconsistencies may occur.
Please contact us using the link below if you
find any errors in these files.
Comment 3: The Commenter urges
EPA to ensure that Georgia implements
its SIP and not allow the State to apply
the exemptions at 391–3–1–.01(qqqq)1.
and (qqqq)3. through 8 to minor NSR.
The Commenter states that it has
experience with the State implementing
State regulations that differ from the SIP
and provides information related to the
issuance of an air permit as an example.
Response 3: EPA agrees that it retains
oversight authority to ensure that states
are adequately implementing SIPapproved rules. Should EPA discover
evidence to support a determination
that GA EPD is misapplying the
exemptions approved through this
action, the Agency retains oversight
authority to remedy this issue, such as
through a failure to implement action.
EPA appreciates the Commenter’s
specific information regarding a GA EPD
permitting action. However, the
Commenter’s statements related to this
unrelated permitting action are outside
the scope of this action.
IV. 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 the Georgia Rule 391–3–
1–.01, entitled ‘‘Definitions,’’ effective
July 23, 2018 which adds a definition
for a ‘‘Pollution control project.’’ 8 9 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
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
8 The effective date of the change to Rule 391–3–
1–.01 made in Georgia’s September 19, 2006, SIP
revision is July 13, 2006. However, for purposes of
the state effective date included at 40 CFR
52.570(c), that change to Georgia’s rule is captured
and superseded by Georgia’s update in a July 31,
2018, SIP revision, state effective on July 23, 2018,
which EPA previously approved on November 22,
2019. See 84 FR 64427.
9 Except for (qqqq)1. and (qqqq)3. through 8.,
which were withdrawn from EPA consideration on
November 27, 2019.
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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.10
V. Final Action
EPA is approving the portion of the
September 19, 2006, SIP revision that
adds a definition at Rule 391–3–1–
.01(qqqq). EPA believes this change is
consistent with the CAA and will not
impact the NAAQS or interfere with any
other applicable requirement of the Act.
VI. 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);
10 See
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62 FR 27968 (May 22, 1997).
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 28, 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, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
Mary Walker,
Regional Administrator, Region 4.
Accordingly, 40 CFR part 52 is
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c) is amended by
revising the entry for ‘‘391–3–1–.01’’ to
read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State
effective
date
State citation
Title/subject
391–3–1–.01 ..........
Definitions ..............
*
*
*
*
7/23/2018
*
*
EPA approval
date
Explanation
5/29/2020, [Insert
citation of publication].
*
Except the first paragraph, sections (a)–(nn), (pp)–(ccc), (eee)–(jjj), (nnn)–
(bbbb), (dddd)–(mmmm), (rrrr)–(ssss), approved on 12/4/2018 with a State-effective date of 7/20/2017; sections (ddd) and (cccc)—approved on 2/2/1996
with a State-effective date of 11/20/1994; (nnnn), approved on 1/5/2017 with a
State-effective date of 8/14/2016; and sections (oooo) (pppp), (qqqq)1., and
(qqqq)3. through (qqqq)8. which are not in the SIP.
*
*
*
*
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]]>Agencies
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Rules and Regulations]
[Pages 32300-32303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09602]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113; FRL-10009-10-Region 4]
Air Plan Approval; Georgia: Definition for Permitting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Department of Natural Resources'
Environmental Protection Division (GA EPD) on September 19, 2006, with
a clarification submitted on November 6, 2006, and a supplemental
submittal transmitted on November 27, 2019. EPA is approving portions
of a definition that impacts existing minor new source review (NSR)
permitting regulations because the State has demonstrated it is
consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective June 29, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0113. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through 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: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can also be
reached via telephone at (404) 562-9089 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. What action is EPA finalizing?
EPA is approving certain changes to the Georgia SIP that were
provided to EPA by GA EPD via a letter dated September 19, 2006. EPA
previously approved the majority of the changes to Georgia rules
originally included in the September 19, 2006, submittal.\1\ In
addition, GA EPD has withdrawn several portions of the SIP revision
from
[[Page 32301]]
EPA consideration.\2\ In this action, EPA is approving the portion of
this SIP revision that makes changes to the State's Rule 391-3-1-.01,
Definitions. The portion of the SIP revision considered adds a
definition for ``Pollution control project'' (PCP)--which GA EPD
describes as environmentally-beneficial projects that reduce criteria
pollutant emissions--that relates to minor NSR applicability for
construction permitting under Rule 391-3-1-.03, Permits. The changes to
this rule and EPA's rationale for approval are described in more detail
in EPA's notice of proposed rulemaking (NPRM) published on March 16,
2020. See 85 FR 14843.
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\1\ EPA approved portions of the September 19, 2006, SIP
revision as follows: Changes to Rule 391-3-1-.01, Definitions, were
approved on February 9, 2010 (75 FR 6309); changes to Rule 391-3-
1-.02, Provisions, were approved on February 9, 2010 (75 FR 6309),
December 1, 2010 (75 FR 74642), and September 1, 2015 (80 FR 52627);
and changes to Rule 391-3-1-.03, Permits, were approved on April 9,
2013 (78 FR 21065) and November 22, 2019 (84 FR 64427).
\2\ GA EPD withdrew portions of the September 19, 2006, SIP
revision as follows: 391-3-1-.02 on January 25, 2016 and portions of
391-3-1-.01 on November 27, 2019.
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Comments on EPA's March 16, 2020, NPRM were due on April 15, 2020.
EPA received comments which, as discussed in Section III below, do not
challenge the underlying rationale for EPA's proposed action.
Accordingly, EPA is finalizing action on the March 16, 2020, NPRM.
II. EPA's Analysis of the Georgia's Submittal
EPA is approving portions of the definition of ``Pollution control
project'' into the Georgia SIP at Rule 391-3-1-.01(qqqq). This
definition lists certain projects, described as ``environmentally
beneficial,'' that are exempted from the minor NSR \3\ construction
permit requirements pursuant to Rule 391-3-1-.03(6)(j). The exemption
does not apply to sources subject to major NSR requirements under
either 391-3-1-.02(7) (``Prevention of Significant Deterioration [PSD]
of Air Quality''), or 391-3-1-.03(8) ``Permit Requirements'' under
paragraph (c), (Georgia's nonattainment new source review (NNSR)
program). The exemption for PCPs applies to minor sources only,
limiting any emissions increases from the exempted projects to below
the major source thresholds for all pollutants.
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\3\ EPA's regulations governing the implementation of NSR
permitting programs are contained in 40 CFR 51.160-51.166; 52.21,
52.24; and part 51, Appendix S. The CAA NSR program is composed of
three separate programs: PSD, NNSR, and Minor NSR. PSD is
established in part C of title I of the CAA and applies to major
stationary sources in areas that meet the national ambient air
quality standards (NAAQS)--``attainment areas''--as well as areas
where there is insufficient information to determine if the area
meets the NAAQS--``unclassifiable areas.'' The NNSR program is
established in part D of title I of the CAA and applies to major
stationary sources in areas that are not in attainment of the
NAAQS--``nonattainment areas.'' The Minor NSR program applies to
stationary sources that do not require PSD or NNSR permits.
Together, these programs are referred to as the NSR programs.
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EPA previously approved the exemption for PCPs for minor sources at
.03(6)(j) on February 9, 2010 (75 FR 6309) but did not act on the PCP
definition at Rule 391-3-1-.01(qqqq) at that time. In this action, EPA
is approving a definition of ``Pollution control project'' at
.01(qqqq). Because this definition only applies to minor sources, it is
not impacted by the United States Court of Appeals for the District of
Columbia Circuit decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.),
in which the D.C. Circuit vacated an exemption for PCPs from the
federal NSR regulations for major sources. Georgia's previously
approved NSR regulations governing major sources are consistent with
federal requirements and the D.C. Circuit decision on PCPs for major
NSR.
On June 29, 2017 (82 FR 29469), EPA published a NPRM proposing
approval of changes to 391-3-1-.01, Definitions, and 391-3-1-.03,
Permits, and published an accompanying direct final rule. See 82 FR
29418. EPA specifically proposed to approve a definition of ``Pollution
control project'' at 391-3-1-.01(qqqq), which included subparagraphs
.01(qqqq)1. through 8., as a clarifying amendment to an existing
exemption from minor NSR permitting at 391-3-1-.03(6)(j). The proposed
rule stated that if EPA received adverse comment on the direct final
rule, then the Agency would withdraw the direct final rule and address
public comments received in a subsequent final rule based on the
proposed rule. EPA received one adverse comment regarding the portion
of the direct final rule revising 391-3-1-.01, Definitions, and EPA
accordingly withdrew the direct final rule on August 22, 2017.\4\ See
82 FR 39671.
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\4\ The adverse comment received on the June 29, 2017, proposed
rule is included in the docket for this action.
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Since the August 22, 2017, withdrawal of EPA's direct final rule,
GA EPD has withdrawn several portions of the definition at .01(qqqq)
from EPA consideration. Specifically, on November 27, 2019, GA EPD
withdrew .01(qqqq)1. and .01(qqqq)3. through 8., and submitted a
supplemental justification for the approval of .01(qqqq)2. into the
SIP.\5\ The remaining list of projects EPA is considering in this
action at .01(qqqq)2. are as follows: ``[e]lectrostatic precipitators,
baghouses, high-efficiency multiclones, or scrubbers for control of
particulate matter or other air contaminants.'' EPA proposed to approve
this remaining portion of the definition on March 16, 2020. See 85 FR
14843.
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\5\ The November 27, 2019, partial withdrawal letter and
accompanying Attachment A transmitting supporting documentation for
the remainder of the SIP revision are included in the docket for
this action.
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EPA is approving the remaining portion of the definition,
specifically the introductory paragraph and subparagraph .01(qqqq)2.
EPA has evaluated the exemption and believes, in its technical
judgment, that the listed projects will reduce emissions of both NAAQS
and non-NAAQS pollutants. Additionally, EPA notes that these projects
will not lead to collateral emissions increases of any NAAQS
pollutants. As a result, these types of projects already qualify for
Georgia's preexisting minor NSR exemption at Rule 391-3-1-.03(6)(i)3.
That provision exempts projects that fall below certain specified
emissions thresholds. Since the projects included under Rule 391-3-
1-.01(qqqq)2. will not increase emissions of any NAAQS pollutant, they
would previously have been exempted under those thresholds. Therefore,
the revision will not interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
CAA section 171), or any other applicable requirement of the CAA,
consistent with CAA section 110(l). EPA believes that these projects
are otherwise appropriately exempted from Georgia's minor NSR program
under CAA section 110(a)(2)(C). That provision requires a program
within the State to regulate the construction and modification of
sources such that the NAAQS are maintained. By definition, a project
that will not lead to any emissions increases will not negatively
impact the NAAQS.
To the extent CAA section 193 applies to this action, EPA has
concluded that the revision is consistent with the requirements of that
provision because these changes will not lead to any increases of NAAQS
pollutants. See EPA's March 16, 2020, NPRM (85 FR 14843) for more
detail on EPA's rationale for approval.
III. Response to Comments
EPA received two comments that do not directly address the March
16, 2020, NPRM. EPA also received one comment that generally supports
the proposed action, but raises other points that are summarized and
discussed below.
Comment 1: The Commenter requests that EPA adequately publicize
that Georgia Rule 391-3-1.01(qqqq)1. and (qqqq)3. through 8.--which GA
EPD withdrew from EPA consideration--are not part of the SIP.
Specifically, the Commenter requests that EPA include
[[Page 32302]]
an explanation at 40 CFR 52.570(c), ``EPA Approved Georgia
Regulations,'' confirming that these provisions are not included in the
SIP and that this explanation remain in place as long as these
provisions remain in the State's regulations.
Response 1: The Commenter does not challenge the substance of the
State rule EPA has proposed to approve into Georgia's SIP. Consistent
with its current practice, EPA Region 4 will identify exceptions from
the SIP-approved version of Rule 391-3-1-.01 in the explanations column
of the Georgia SIP table at Sec. 52.570(c), and the explanation will
remain in place until the need for the explanation is eliminated
through an approved SIP revision.
Comment 2: The Commenter requests that EPA include the
aforementioned explanation on EPA Region 4's website titled ``EPA
Approved Statutes and Regulations in the Georgia SIP'' \6\ and notes
that exceptions at Rule 391-3-1-.01 listed at 40 CFR 52.570(c) are not
reproduced on the website. The Commenter states that it is essential
that EPA's website correctly identify the approved State regulations to
ensure that the public is adequately informed of the operative
provisions of the Georgia SIP.
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\6\ This website is located at https://www.epa.gov/sips-ga/epa-approved-statutes-and-regulations-georgia-sip. It is a sub-site of
the website titled ``Approved Air Quality Implementation Plans in
Georgia,'' located at https://www.epa.gov/sips-ga, which is a sub-
site of the website titled ``Approved Air Quality Implementation
Plans in Region 4,'' located at https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4.
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Response 2: These comments regarding Region 4's website are outside
the scope of this action. However, EPA acknowledges that the Region 4
website may have created confusion. The website titled ``Approved Air
Quality Implementation Plans in Georgia'' contains the following
statement:
About this website: The official SIPs, TIPs, and FIPs are
contained in regulations promulgated in the Federal Register and
codified in the U.S. Code of Federal Regulations (CFR). EPA's web-
versions of the approved SIPs, TIPs, and FIPs are for reference.
While we make every effort to maintain the accuracy of the files
accessible here, inconsistencies may occur. Please contact us using
the link below if you find any errors in these files.
To add clarity, EPA Region 4 has revised this statement as follows
and placed it on all three of its websites related to Georgia's SIP:
\7\
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\7\ See footnote 6.
About this website: This website does not necessarily represent
the current version of the SIPs, TIPs, or FIPs. The official SIPs,
TIPs, and FIPs are contained in regulations promulgated in the
Federal Register and codified in the U.S. Code of Federal
Regulations (CFR). While we make every effort to maintain the
accuracy of the files accessible here, inconsistencies may occur.
Please contact us using the link below if you find any errors in
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these files.
Comment 3: The Commenter urges EPA to ensure that Georgia
implements its SIP and not allow the State to apply the exemptions at
391-3-1-.01(qqqq)1. and (qqqq)3. through 8 to minor NSR. The Commenter
states that it has experience with the State implementing State
regulations that differ from the SIP and provides information related
to the issuance of an air permit as an example.
Response 3: EPA agrees that it retains oversight authority to
ensure that states are adequately implementing SIP-approved rules.
Should EPA discover evidence to support a determination that GA EPD is
misapplying the exemptions approved through this action, the Agency
retains oversight authority to remedy this issue, such as through a
failure to implement action. EPA appreciates the Commenter's specific
information regarding a GA EPD permitting action. However, the
Commenter's statements related to this unrelated permitting action are
outside the scope of this action.
IV. 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 the Georgia
Rule 391-3-1-.01, entitled ``Definitions,'' effective July 23, 2018
which adds a definition for a ``Pollution control project.''
8 9 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 State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\10\
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\8\ The effective date of the change to Rule 391-3-1-.01 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a July 31, 2018, SIP revision, state
effective on July 23, 2018, which EPA previously approved on
November 22, 2019. See 84 FR 64427.
\9\ Except for (qqqq)1. and (qqqq)3. through 8., which were
withdrawn from EPA consideration on November 27, 2019.
\10\ See 62 FR 27968 (May 22, 1997).
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V. Final Action
EPA is approving the portion of the September 19, 2006, SIP
revision that adds a definition at Rule 391-3-1-.01(qqqq). EPA believes
this change is consistent with the CAA and will not impact the NAAQS or
interfere with any other applicable requirement of the Act.
VI. 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);
[[Page 32303]]
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 28, 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, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.
Mary Walker,
Regional Administrator, Region 4.
Accordingly, 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 by revising the entry for ``391-3-
1-.01'' to read as follows:
Sec. 52.570 Identification of plan.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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391-3-1-.01.................... Definitions....... 7/23/2018 5/29/2020, [Insert Except the first
citation of paragraph, sections
publication]. (a)-(nn), (pp)-(ccc),
(eee)-(jjj), (nnn)-
(bbbb), (dddd)-(mmmm),
(rrrr)-(ssss),
approved on 12/4/2018
with a State-effective
date of 7/20/2017;
sections (ddd) and
(cccc)--approved on 2/
2/1996 with a State-
effective date of 11/
20/1994; (nnnn),
approved on 1/5/2017
with a State-effective
date of 8/14/2016; and
sections (oooo)
(pppp), (qqqq)1., and
(qqqq)3. through
(qqqq)8. which are not
in the SIP.
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[FR Doc. 2020-09602 Filed 5-28-20; 8:45 am]
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