Air Plan Approval; Georgia; Emissions Statements Requirements for the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area, 68449-68452 [2021-26140]

Download as PDF Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules 391–3–1.03(8), reflecting Georgia’s redesignation to attainment for the 2008 8-hour ozone NAAQS for metro Atlanta counties, and designation of the Atlanta Area as a ‘‘Marginal’’ nonattainment area for the 2015 ozone NAAQS. See 85 FR 2646. Specifically, EPA approved changes to NNSR permitting requirements in Rule 391–3–1–.03(8) that removed the NNSR provisions previously applicable to the counties that were part of the Atlanta 1-hour ozone Area and removed references to that provision, since they no longer applied. In addition, permitting requirements were applied to certain electric generating units (EGUs) located in counties within the maintenance area for the 1997 8-hour ozone NAAQS.5 Additionally, on September 16, 2020, EPA approved clarifying and ministerial changes to permitting regulations at Rule 391–3–1–.03(8), Permit Requirements. See 85 FR 57694. That action also changed the status of five counties under paragraph (e), which specifies counties that are contributing to the ambient air level of ozone in the listed metropolitan Atlanta counties (including the counties in the current nonattainment area for the 2015 8-hour ozone NAAQS), and approved other minor typographical edits to other subparagraphs for consistent formatting. Lastly, Rule 391–3–1–.03(8)(c) requires emissions offsets for several counties within and surrounding the metropolitan Atlanta Nonattainment Area (including the counties in the current nonattainment area for the 2015 8-hour ozone NAAQS). This rule continues to exceed the required offset ratios for Marginal ozone nonattainment areas in CAA section 182(a)(4). The current SIP-approved version of Rule 391–3–1–.03(8), Permit Requirements, covers the entire Atlanta Area and remains adequate to meet all applicable NNSR requirements for the 2015 8-hour ozone NAAQS. EPA is therefore proposing to approve Georgia’s certification that Rule 391–3–1–.03(8) meets the NNSR requirements for implementation of the 2015 ozone NAAQS. lotter on DSK11XQN23PROD with PROPOSALS1 III. Proposed Action EPA is proposing to approve Georgia’s SIP revision addressing the NNSR requirements for the 2015 8-hour ozone NAAQS for the Atlanta Area, submitted on July 2, 2020. EPA has concluded that Georgia’s submission fulfills the 40 CFR 51.1314 requirement and meets the requirements of CAA sections 172(c)(5) 5 An area redesignated from nonattainment to attainment is referred to as a maintenance area. VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 and 173 and the minimum SIP requirements of 40 CFR 51.165. 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 proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 68449 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, Nitrogen Oxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 26, 2021. John Blevins, Acting Regional Administrator, Region 4. [FR Doc. 2021–26139 Filed 12–1–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2020–0401; FRL–9305–01– R4] Air Plan Approval; Georgia; Emissions Statements Requirements for the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of Georgia through the Georgia Environmental Protection Division (GA EPD) on July 2, 2020, and November 4, 2021. Both submittals address the emissions statements requirements for the 2015 8-hour ozone national ambient air quality standards (NAAQS) for the Atlanta, Georgia 2015 8-hour ozone nonattainment area (hereinafter referred to as the ‘‘Atlanta Area’’). These requirements apply to all ozone nonattainment areas. The Atlanta Area is comprised of seven counties in and around metropolitan Atlanta (Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry). This action is being proposed pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before January 3, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2020–0401 at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1 68450 Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules 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 www2.epa.gov/dockets/commentingepa-dockets. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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– 9088. Ms. Bell can also be reached via electronic mail at bell.tiereny@epa.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 I. Background On October 1, 2015, EPA promulgated a revised 8-hour primary and secondary ozone NAAQS, strengthening both from 0.075 parts per million (ppm) to 0.070 ppm (the 2015 8-hour Ozone NAAQS). See 80 FR 65292 (October 26, 2015). The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an annual fourthhighest daily maximum 8-hour average concentration averaged over three years. Under EPA’s regulations at 40 CFR part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentration is less than or equal to 0.070 ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percentage of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined using Appendix U of part 50. Upon promulgation of a new or revised ozone NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 the NAAQS based on the three most recent years of ambient air quality data at the conclusion of the designation process. On April 30, 2018, EPA designated a 7-county area in and around metropolitan Atlanta as a marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS.1 The Atlanta Area was designated nonattainment for the 2015 8-hour ozone NAAQS on April 30, 2018 (effective August 3, 2018) using 2014– 2016 ambient air quality data. See 83 FR 25776 (June 4, 2018). On December 6, 2018, EPA finalized a rule titled ‘‘Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements’’ (SIP Requirements Rule) that establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2015 8-hour ozone NAAQS.2 See 83 FR 62998 (December 6, 2018); 40 CFR part 51, subpart CC. This rule establishes nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA, including an attainment date of August 3, 2021, three years after the August 3, 2018, designation effective date, for areas classified as marginal for the 2015 8-hour ozone NAAQS. Based on the nonattainment designation, Georgia was required to develop a SIP revision addressing certain CAA requirements for the Atlanta Area, including, pursuant to CAA section 182(a)(3)(B), a SIP revision addressing the emissions statements requirements. Ground level ozone is not emitted directly into the air but is created by chemical reactions between oxides of nitrogen (NOX) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Section 182(a)(3)(B) of the CAA requires states with ozone nonattainment areas to submit a SIP revision requiring annual emissions statements to be submitted to 1 The nonattainment area for the 2015 8-hour ozone standard consists of the following counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. 2 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2015 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress, reasonably available control technology, reasonably available control measures, major nonattainment new source review, emission inventories, and the timing of SIP submissions and compliance with emission control measures in the SIP. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 the state by the owner or operator of each NOX and VOC stationary source. However, a state may waive the emissions statements requirements for any class or category of stationary sources which emit less than 25 tons per year (tpy) of VOC or NOX if the state provides an inventory of emissions as required by CAA section 182 that accounts for emissions from those sources. See CAA section 182(a)(3)(B)(ii). The first statement is due three years from the area’s nonattainment designation, and subsequent statements are due at least annually thereafter. On July 2, 2020, Georgia submitted a SIP revision to address the emissions statements requirements related to the 2015 8-hour ozone NAAQS for the Atlanta Area.3 On June 28, 2021, to correct a deficiency in the July 2, 2020, submittal, GA EPD submitted a draft SIP revision supplementing that SIP submittal along with a parallel processing request.4 Subsequently, on November 4, 2021, Georgia submitted the draft June 28, 2021, SIP submittal in final form, thus negating the need for EPA to parallel process the draft June 28, 2021, SIP submittal. EPA is proposing to approve the July 2, 2020, SIP submittal as updated by the November 4, 2021, SIP submittal, as meeting the requirements of section 182(a)(3)(B) of the CAA and associated federal regulations. EPA’s analysis of these SIP revisions and how they address the emissions statements requirements is discussed in the analysis of state’s submittal section of this notice. II. Analysis of State’s Submittal As discussed above, section 182(a)(3)(B) of the CAA requires states to submit a SIP revision requiring the owner or operator of each NOX and VOC stationary source located in an ozone nonattainment area to submit to the state annual emissions statements. The first statement is due three years from 3 In the July 2, 2020, SIP revision, GA EPD submitted a certification that existing Georgia rules satisfy the permit program requirements in section 172(c)(5) and section 173 of the CAA. GA EPD also provided an emissions inventory to satisfy the requirements in section 182(a)(1) of the CAA. EPA will take action on these SIP revisions in separate rulemakings. 4 Georgia’s July 2, 2020, SIP revision included a request for conditional approval regarding the emissions statements requirements. Under CAA section 110(k)(4), EPA may conditionally approve a SIP revision based on a commitment from a state to adopt specific enforceable measures by a date certain, but not later than one year from the date of approval. Georgia’s November 4, 2021, SIP revision supplements the July 2, 2020, submittal described later in this section and renders the conditional approval request moot as discussed in section II. E:\FR\FM\02DEP1.SGM 02DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules the area’s nonattainment designation, and subsequent statements are due at least annually thereafter. In 1996, EPA incorporated Georgia Rule 391–3–1–.02(6)(a)4, Emissions Statements, into the SIP. See 61 FR 3819 (February 2, 1996). At that time, this regulation applied to stationary sources within Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia subsequently amended the regulation to, among other things, include Bartow and Newton Counties thereby covering the entire Atlanta Area. EPA incorporated these amendments into the SIP in 2009. See 74 FR 62249 (November 27, 2009). In Georgia’s July 2, 2020, SIP revision, Georgia certified that this SIP-approved regulation meets the requirements of CAA Section 182(a)(3)(B) for the Area.5 Georgia’s SIP-approved regulation at 391–3–1–.02(6)(a)4(iii) states that the emissions statements requirements in 391–3–1–.02(6)(a)4 apply to all stationary sources of nitrogen oxides or volatile organic compounds which emit more than 25 tons per calendar of either pollutant and are located in Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, or Walton counties. Pursuant to section 182(a)(3)(B), however, emissions statements are required for all sources that emit 25 tons per year or more of either pollutant if the waiver criteria are met. Therefore, Georgia requested conditional approval of its July 2, 2020, SIP revision and committed to satisfy section 182(a)(3)(B) for the 2015 8-hour ozone NAAQS by revising Georgia Rule 391–3–1–.02(6)(a)4(iii) so that emissions reporting is also required for sources that emit exactly 25 tons of VOC or NOX per calendar year. The State committed to adopt this rule revision no later than one year after EPA’s conditional approval of Georgia’s July 2, 2020, SIP revision. On June 28, 2021, Georgia submitted a draft SIP revision for parallel processing to supplement the July 2, 2020 SIP revision. The June 28, 2021, submittal includes the new draft of Georgia Rule 391–3–1–.02(6)(a)4(iii) and states that the aforementioned change to the rule was presented to the Georgia Department of Natural Resources Board 5 As discussed in the preamble to the SIP Requirements Rule, a state may rely on emissions statement rules in force and approved by EPA for the 2015 8-hour ozone NAAQS provided that the rules remain adequate and cover all portions of the 2015 ozone NAAQS nonattainment areas. See 83 FR 62998 (December 6, 2018). VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 of Directors (DNR Board) for adoption at its September 28, 2021, meeting, along with changes to the rule to reflect only the counties comprising the Atlanta Area. The submittal says that the changes will be submitted to EPA as a SIP revision. The draft June 28, 2021, SIP revision was submitted in final form on November 4, 2021. As allowed by CAA section 182(a)(3)(B)(ii), Georgia waived the emissions statements requirement for stationary sources emitting less than 25 tpy of NOX or VOC because the State included these emissions in an emissions inventory it submitted to EPA pursuant to CAA section 182(a)(1) for the Atlanta Area. CAA section 182(a)(3)(B)(ii) allows the state to waive the application of emissions statements requirements to any class or category of stationary sources which emit less than 25 tons per year of VOC or NOX if the State, in its submissions under section 182(a)(1) or 182(a)(3)(A),6 provides an inventory of emissions from such class or category of sources, based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator. Pursuant to CAA Section 182(a)(1), Georgia is required to submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in CAA section 172(c)(3), in accordance with guidance provided by the Administrator. CAA Section 172(c)(3) states, ‘‘Such plan provisions shall include a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area including such periodic revisions as the Administrator may determine necessary to assure that the requirements of this part are met.’’ Georgia’s July 2, 2020, SIP revision includes an emissions inventory submitted pursuant to CAA section 182(a)(1) and states that it was prepared consistent with 83 FR 62998, ‘‘Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements,’’ and 40 CFR part 51.1315.’’ Stationary sources emitting less than 25 tpy of NOX or VOC are included in Georgia’s inventory in accordance with CAA section 182(a)(3)(B)(ii). The emissions inventory that GA EPD provided in its submission to satisfy the requirements in section 182(a)(1) of the CAA is included in the docket for this rulemaking. EPA has proposed to approve the emissions inventory portion 6 CAA section 182(a)(3)(A) contains a triennial emissions inventory requirement. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 68451 of the July 2, 2020, SIP submission in a separate rulemaking. Given the waiver criteria in section 182(a)(3)(B)(ii), EPA cannot approve the emissions statement portion of the July 2, 2020, SIP submission as proposed herein unless EPA finalizes approval of the emissions inventory portion of the submission in that separate rulemaking. EPA has preliminarily determined that Georgia’s revised emissions statements regulation meets the requirements under CAA section 182(a)(3)(B) and the SIP Requirements Rule for the 2015 8-hour ozone NAAQS. Therefore, a conditional approval of the July 2, 2020, SIP submittal is no longer necessary. Accordingly, EPA is proposing to approve the July 2, 2020, SIP submittal, as updated by the November 4, 2021, SIP submittal. 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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Rule 391–3–1–.02(6)(a)4(iii), stateeffective October 25, 2021. 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 July 2, 2020, SIP revision, as updated by the November 4, 2021, SIP submittal, related to the emissions statements requirements for the 2015 8-hour ozone NAAQS for the Atlanta Area. EPA has preliminarily determined that Georgia’s SIP revisions requesting approval meet the requirements of CAA section 182(a)(3)(B).7 EPA proposes to find that the aforementioned submissions meet the requirements of sections 110 and 182 of the CAA. 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. 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 they meet the criteria of the 7 As discussed in section II, EPA cannot approve the emissions statement portion of the July 2, 2020, SIP submission as proposed herein unless EPA finalizes approval of the emissions inventory portion of the submission. E:\FR\FM\02DEP1.SGM 02DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 68452 Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules CAA. This proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 Authority: 42 U.S.C. 7401 et seq. Dated: November 26, 2021. John Blevins, Acting Regional Administrator, Region 4. [FR Doc. 2021–26140 Filed 12–1–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 211129–0246; RTID 0648– XR118] Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Atlantic Humpback Dolphin as Threatened or Endangered Under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: 90-Day petition finding, request for information, and initiation of status review. AGENCY: We, NMFS, announce a 90day finding on a petition to list the Atlantic humpback dolphin (Sousa teuszii) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Therefore, we are initiating a status review of the species to determine whether listing under the ESA is warranted. To ensure this status review is comprehensive, we are soliciting scientific and commercial information regarding this species. DATES: Scientific and commercial information pertinent to the petitioned action must be received by January 31, 2022. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2021–0110 by the following method: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2021–0110 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Interested persons may obtain a copy of the petition online at the NMFS website: https://www.fisheries.noaa.gov/ national/endangered-speciesconservation/petitions-awaiting-90-dayfindings. FOR FURTHER INFORMATION CONTACT: Heather Austin, NMFS Office of Protected Resources, (301) 427–8422, Heather.Austin@noaa.gov. SUPPLEMENTARY INFORMATION: Background On September 8, 2021, we received a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the Atlantic humpback dolphin (Sousa teuszii) as a threatened or endangered species under the ESA. The petition asserts that Sousa teuszii is threatened by four of the five ESA section 4(a)(1) factors: (1) The present destruction or modification of its habitat; (2) overutilization for commercial purposes; (3) inadequacy of existing regulatory mechanisms; and (4) manmade factors affecting its continued existence. The petition is available online (see ADDRESSES). ESA Statutory, Regulatory, and Policy Provisions and Evaluation Framework Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary of Commerce make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and to promptly publish such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted (a ‘‘positive 90-day finding’’), we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information. In such cases, we conclude E:\FR\FM\02DEP1.SGM 02DEP1

Agencies

[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68449-68452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0401; FRL-9305-01-R4]


Air Plan Approval; Georgia; Emissions Statements Requirements for 
the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
State of Georgia through the Georgia Environmental Protection Division 
(GA EPD) on July 2, 2020, and November 4, 2021. Both submittals address 
the emissions statements requirements for the 2015 8-hour ozone 
national ambient air quality standards (NAAQS) for the Atlanta, Georgia 
2015 8-hour ozone nonattainment area (hereinafter referred to as the 
``Atlanta Area''). These requirements apply to all ozone nonattainment 
areas. The Atlanta Area is comprised of seven counties in and around 
metropolitan Atlanta (Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, 
and Henry). This action is being proposed pursuant to the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before January 3, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0401 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov.

[[Page 68450]]

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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised 8-hour primary and 
secondary ozone NAAQS, strengthening both from 0.075 parts per million 
(ppm) to 0.070 ppm (the 2015 8-hour Ozone NAAQS). See 80 FR 65292 
(October 26, 2015). 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. Under EPA's regulations at 40 
CFR part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ambient air quality ozone concentration is less than or equal to 0.070 
ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air 
quality monitoring data completeness requirement is met when the 
average percentage of days with valid ambient monitoring data is 
greater than 90 percent, and no single year has less than 75 percent 
data completeness as determined using Appendix U of part 50.
    Upon promulgation of a new or revised ozone NAAQS, the CAA requires 
EPA to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. On April 30, 2018, EPA 
designated a 7-county area in and around metropolitan Atlanta as a 
marginal ozone nonattainment area for the 2015 8-hour ozone NAAQS.\1\ 
The Atlanta Area was designated nonattainment for the 2015 8-hour ozone 
NAAQS on April 30, 2018 (effective August 3, 2018) using 2014-2016 
ambient air quality data. See 83 FR 25776 (June 4, 2018). On December 
6, 2018, EPA finalized a rule titled ``Implementation of the 2015 
National Ambient Air Quality Standards for Ozone: Nonattainment Area 
State Implementation Plan Requirements'' (SIP Requirements Rule) that 
establishes the requirements that state, tribal, and local air quality 
management agencies must meet as they develop implementation plans for 
areas where air quality exceeds the 2015 8-hour ozone NAAQS.\2\ See 83 
FR 62998 (December 6, 2018); 40 CFR part 51, subpart CC. This rule 
establishes nonattainment area attainment dates based on Table 1 of 
section 181(a) of the CAA, including an attainment date of August 3, 
2021, three years after the August 3, 2018, designation effective date, 
for areas classified as marginal for the 2015 8-hour ozone NAAQS. Based 
on the nonattainment designation, Georgia was required to develop a SIP 
revision addressing certain CAA requirements for the Atlanta Area, 
including, pursuant to CAA section 182(a)(3)(B), a SIP revision 
addressing the emissions statements requirements.
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    \1\ The nonattainment area for the 2015 8-hour ozone standard 
consists of the following counties: Bartow, Clayton, Cobb, DeKalb, 
Fulton, Gwinnett, and Henry.
    \2\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2015 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress, reasonably available control technology, 
reasonably available control measures, major nonattainment new 
source review, emission inventories, and the timing of SIP 
submissions and compliance with emission control measures in the 
SIP.
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    Ground level ozone is not emitted directly into the air but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires states with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX and VOC stationary source. However, a state may 
waive the emissions statements requirements for any class or category 
of stationary sources which emit less than 25 tons per year (tpy) of 
VOC or NOX if the state provides an inventory of emissions 
as required by CAA section 182 that accounts for emissions from those 
sources. See CAA section 182(a)(3)(B)(ii). The first statement is due 
three years from the area's nonattainment designation, and subsequent 
statements are due at least annually thereafter.
    On July 2, 2020, Georgia submitted a SIP revision to address the 
emissions statements requirements related to the 2015 8-hour ozone 
NAAQS for the Atlanta Area.\3\ On June 28, 2021, to correct a 
deficiency in the July 2, 2020, submittal, GA EPD submitted a draft SIP 
revision supplementing that SIP submittal along with a parallel 
processing request.\4\ Subsequently, on November 4, 2021, Georgia 
submitted the draft June 28, 2021, SIP submittal in final form, thus 
negating the need for EPA to parallel process the draft June 28, 2021, 
SIP submittal. EPA is proposing to approve the July 2, 2020, SIP 
submittal as updated by the November 4, 2021, SIP submittal, as meeting 
the requirements of section 182(a)(3)(B) of the CAA and associated 
federal regulations. EPA's analysis of these SIP revisions and how they 
address the emissions statements requirements is discussed in the 
analysis of state's submittal section of this notice.
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    \3\ In the July 2, 2020, SIP revision, GA EPD submitted a 
certification that existing Georgia rules satisfy the permit program 
requirements in section 172(c)(5) and section 173 of the CAA. GA EPD 
also provided an emissions inventory to satisfy the requirements in 
section 182(a)(1) of the CAA. EPA will take action on these SIP 
revisions in separate rulemakings.
    \4\ Georgia's July 2, 2020, SIP revision included a request for 
conditional approval regarding the emissions statements 
requirements. Under CAA section 110(k)(4), EPA may conditionally 
approve a SIP revision based on a commitment from a state to adopt 
specific enforceable measures by a date certain, but not later than 
one year from the date of approval. Georgia's November 4, 2021, SIP 
revision supplements the July 2, 2020, submittal described later in 
this section and renders the conditional approval request moot as 
discussed in section II.
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II. Analysis of State's Submittal

    As discussed above, section 182(a)(3)(B) of the CAA requires states 
to submit a SIP revision requiring the owner or operator of each 
NOX and VOC stationary source located in an ozone 
nonattainment area to submit to the state annual emissions statements. 
The first statement is due three years from

[[Page 68451]]

the area's nonattainment designation, and subsequent statements are due 
at least annually thereafter.
    In 1996, EPA incorporated Georgia Rule 391-3-1-.02(6)(a)4, 
Emissions Statements, into the SIP. See 61 FR 3819 (February 2, 1996). 
At that time, this regulation applied to stationary sources within 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia 
subsequently amended the regulation to, among other things, include 
Bartow and Newton Counties thereby covering the entire Atlanta Area. 
EPA incorporated these amendments into the SIP in 2009. See 74 FR 62249 
(November 27, 2009). In Georgia's July 2, 2020, SIP revision, Georgia 
certified that this SIP-approved regulation meets the requirements of 
CAA Section 182(a)(3)(B) for the Area.\5\ Georgia's SIP-approved 
regulation at 391-3-1-.02(6)(a)4(iii) states that the emissions 
statements requirements in 391-3-1-.02(6)(a)4 apply to all stationary 
sources of nitrogen oxides or volatile organic compounds which emit 
more than 25 tons per calendar of either pollutant and are located in 
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, 
Paulding, Rockdale, Spalding, or Walton counties. Pursuant to section 
182(a)(3)(B), however, emissions statements are required for all 
sources that emit 25 tons per year or more of either pollutant if the 
waiver criteria are met. Therefore, Georgia requested conditional 
approval of its July 2, 2020, SIP revision and committed to satisfy 
section 182(a)(3)(B) for the 2015 8-hour ozone NAAQS by revising 
Georgia Rule 391-3-1-.02(6)(a)4(iii) so that emissions reporting is 
also required for sources that emit exactly 25 tons of VOC or 
NOX per calendar year. The State committed to adopt this 
rule revision no later than one year after EPA's conditional approval 
of Georgia's July 2, 2020, SIP revision.
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    \5\ As discussed in the preamble to the SIP Requirements Rule, a 
state may rely on emissions statement rules in force and approved by 
EPA for the 2015 8-hour ozone NAAQS provided that the rules remain 
adequate and cover all portions of the 2015 ozone NAAQS 
nonattainment areas. See 83 FR 62998 (December 6, 2018).
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    On June 28, 2021, Georgia submitted a draft SIP revision for 
parallel processing to supplement the July 2, 2020 SIP revision. The 
June 28, 2021, submittal includes the new draft of Georgia Rule 391-3-
1-.02(6)(a)4(iii) and states that the aforementioned change to the rule 
was presented to the Georgia Department of Natural Resources Board of 
Directors (DNR Board) for adoption at its September 28, 2021, meeting, 
along with changes to the rule to reflect only the counties comprising 
the Atlanta Area. The submittal says that the changes will be submitted 
to EPA as a SIP revision. The draft June 28, 2021, SIP revision was 
submitted in final form on November 4, 2021.
    As allowed by CAA section 182(a)(3)(B)(ii), Georgia waived the 
emissions statements requirement for stationary sources emitting less 
than 25 tpy of NOX or VOC because the State included these 
emissions in an emissions inventory it submitted to EPA pursuant to CAA 
section 182(a)(1) for the Atlanta Area. CAA section 182(a)(3)(B)(ii) 
allows the state to waive the application of emissions statements 
requirements to any class or category of stationary sources which emit 
less than 25 tons per year of VOC or NOX if the State, in 
its submissions under section 182(a)(1) or 182(a)(3)(A),\6\ provides an 
inventory of emissions from such class or category of sources, based on 
the use of the emission factors established by the Administrator or 
other methods acceptable to the Administrator.
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    \6\ CAA section 182(a)(3)(A) contains a triennial emissions 
inventory requirement.
---------------------------------------------------------------------------

    Pursuant to CAA Section 182(a)(1), Georgia is required to submit a 
comprehensive, accurate, current inventory of actual emissions from all 
sources, as described in CAA section 172(c)(3), in accordance with 
guidance provided by the Administrator. CAA Section 172(c)(3) states, 
``Such plan provisions shall include a comprehensive, accurate, current 
inventory of actual emissions from all sources of the relevant 
pollutant or pollutants in such area including such periodic revisions 
as the Administrator may determine necessary to assure that the 
requirements of this part are met.'' Georgia's July 2, 2020, SIP 
revision includes an emissions inventory submitted pursuant to CAA 
section 182(a)(1) and states that it was prepared consistent with 83 FR 
62998, ``Implementation of the 2015 National Ambient Air Quality 
Standards for Ozone: Nonattainment Area State Implementation Plan 
Requirements,'' and 40 CFR part 51.1315.'' Stationary sources emitting 
less than 25 tpy of NOX or VOC are included in Georgia's 
inventory in accordance with CAA section 182(a)(3)(B)(ii).
    The emissions inventory that GA EPD provided in its submission to 
satisfy the requirements in section 182(a)(1) of the CAA is included in 
the docket for this rulemaking. EPA has proposed to approve the 
emissions inventory portion of the July 2, 2020, SIP submission in a 
separate rulemaking. Given the waiver criteria in section 
182(a)(3)(B)(ii), EPA cannot approve the emissions statement portion of 
the July 2, 2020, SIP submission as proposed herein unless EPA 
finalizes approval of the emissions inventory portion of the submission 
in that separate rulemaking.
    EPA has preliminarily determined that Georgia's revised emissions 
statements regulation meets the requirements under CAA section 
182(a)(3)(B) and the SIP Requirements Rule for the 2015 8-hour ozone 
NAAQS. Therefore, a conditional approval of the July 2, 2020, SIP 
submittal is no longer necessary. Accordingly, EPA is proposing to 
approve the July 2, 2020, SIP submittal, as updated by the November 4, 
2021, SIP submittal.

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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Rule 391-3-1-.02(6)(a)4(iii), state-effective October 25, 
2021. 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 July 2, 2020, SIP revision, as 
updated by the November 4, 2021, SIP submittal, related to the 
emissions statements requirements for the 2015 8-hour ozone NAAQS for 
the Atlanta Area. EPA has preliminarily determined that Georgia's SIP 
revisions requesting approval meet the requirements of CAA section 
182(a)(3)(B).\7\ EPA proposes to find that the aforementioned 
submissions meet the requirements of sections 110 and 182 of the CAA.
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    \7\ As discussed in section II, EPA cannot approve the emissions 
statement portion of the July 2, 2020, SIP submission as proposed 
herein unless EPA finalizes approval of the emissions inventory 
portion of the submission.
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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. 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 they meet the criteria of the

[[Page 68452]]

CAA. This proposed action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-26140 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P
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