Air Plan Approval; Georgia; Emissions Statements Requirements for the 2015 8-Hour Ozone Standard Atlanta Nonattainment Area, 68449-68452 [2021-26140]
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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.
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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.
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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
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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:
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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:
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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
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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.
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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.
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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).
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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.
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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.
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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.
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16:31 Dec 01, 2021
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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
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SUMMARY:
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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.
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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