Air Plan Approval; Georgia; Atlanta Area Emissions Inventory and Emissions Statements Requirements for the 2015 8-Hour Ozone Standard, 13179-13183 [2022-04938]
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13179
Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 9, 2022. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart (S)—Kentucky
2. In § 52.920, in paragraph (c), amend
table 2 by revising the entry for
Regulation ‘‘1.06’’ to read as follows:
■
§ 52.920
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Identification of plan.
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(c) * * *
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
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1.06 ........
*
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Stationary Source Self-Monitoring,
Emissions Inventory Development,
and Reporting.
*
*
EPA
approval date
Title/subject
*
*
*
*
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*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2020–0400; EPA–R04–
OAR–2020–0401; FRL–9274–02–R4]
Air Plan Approval; Georgia; Atlanta
Area Emissions Inventory and
Emissions Statements Requirements
for the 2015 8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Explanation
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Except for Section 5 and any references to Section 5 in this regulation.
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2022.
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The Environmental Protection
Agency (EPA) is finalizing approval of
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, to address the base year emissions
inventory requirements and emissions
statements requirements for the 2015 8hour 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 in Georgia. These
actions are being taken pursuant to the
Clean Air Act (CAA or Act).
DATES:
Final rule.
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[Insert citation of
publication].
SUMMARY:
[FR Doc. 2022–04831 Filed 3–8–22; 8:45 am]
ACTION:
3/9/2022
District
effective
date
Federal Register
notice
Sfmt 4700
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EPA has established dockets
for these actions under Docket
Identification Nos. EPA–R04–OAR–
2020–0400 and EPA–R04–OAR–2020–
0401. All documents in these dockets
are listed on the www.regulations.gov
website. Although listed in the index for
each docket, some information may not
be publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
ADDRESSES:
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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that,
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 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:
I. Background
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On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 parts per
million (ppm) to 0.070 ppm. See 80 FR
65292 (October 26, 2015).1 Effective
August 3, 2018, EPA designated a sevencounty area in and around metropolitan
Atlanta, consisting of Bartow, Clayton,
Cobb, Dekalb, Fulton, Gwinnett, and
Henry Counties in Georgia, as a
Marginal nonattainment area for the
2015 Ozone NAAQS. See 83 FR 25776
(June 4, 2018). Based on the
nonattainment designation, Georgia was
required to develop a SIP revision
addressing certain CAA requirements
for the Atlanta Area. The revision must
include, among other things, a
comprehensive, accurate, current
inventory of actual emissions from all
emissions sources in the nonattainment
area, known as a ‘‘base year inventory,’’
pursuant to CAA section 182(a)(1) and
emissions statements requirements
pursuant to section 182(a)(3)(B). On July
2, 2020, the State of Georgia, through
GA EPD, submitted SIP revisions
addressing the base year emissions
inventory and emissions statements
requirements related to the 2015 8-hour
ozone NAAQS for the Atlanta Area.2
Subsequently, Georgia submitted an
updated SIP revision on November 4,
2021, further addressing the emissions
1 The 2015 Ozone NAAQS was promulgated on
October 1, 2015, published on October 26, 2015,
and effective December 28, 2015.
2 On July 2, 2020, GA EPD also submitted a SIP
revision providing a certification that existing SIPapproved Georgia rules satisfy the permit program
requirements found in section 172(c)(5) of the CAA.
EPA acted on this SIP revision in a separate
rulemaking. See 87 FR 3677 (January 25, 2022).
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statements requirements.3 The SIP
revision addressing the emissions
statements requirements included
modifications to Georgia Rule 391–3–1–
.02(6)(a)4.(iii).
On November 26, 2021, and
subsequently on December 2, 2021, EPA
published Notices of Proposed
Rulemaking (NPRMs) proposing to
approve the July 2, 2020, SIP revision
regarding the base year emissions
inventory and the July 2, 2020, and
November 4, 2021, SIP revisions
regarding the emissions statements
requirements for the Atlanta Area for
the 2015 8-hour ozone NAAQS. See 86
FR 67409 and 86 FR 68449. More
information on EPA’s analysis of
Georgia’s July 2, 2020, and November 4,
2021, SIP revisions, and how these SIP
revisions address the above-mentioned
requirements, are provided in EPA’s
November 26, 2021, and December 2,
2021, NPRMs. Comments on EPA’s
November 26, 2021, NPRM were due on
December 27, 2021. EPA received two
comments on EPA’s November 26, 2021,
NPRM.4 EPA’s response is provided in
Section II, below. Comments on EPA’s
December 2, 2021, NPRM were due on
or before January 3, 2022. No comments
were received on EPA’s December 2,
2021, NPRM.
While EPA did not receive comments
on the December 2, 2021, NPRM, EPA
is herein providing non-substantive
clarifications on the December 2, 2021,
NPRM. First, EPA would like to clarify
that EPA received GA EPD’s draft SIP
submittal in a July 2, 2020, SIP revision.
EPA subsequently received GA EPD’s
draft SIP revision supplementing the
original SIP submittal, along with a
parallel processing request, on July 1,
2021, through a letter dated June 28,
2021.
Next, EPA notes that the following
sentence in the December 2, 2021,
NPRM, found in Section II, ‘‘Analysis of
State’s Submittal,’’ in the first full
paragraph of the first column on page
68451, should have included Barrow,
Carroll, Hall, Spalding, and Walton
Counties. These counties were
inadvertently omitted from the
December 2, 2021, NPRM in the
3 On
November 4, 2021, GA EPD also submitted
a SIP revision with changes to Rule 391–3–1–
.02(2)(rr), ‘‘Gasoline Dispensing Facility—Stage I’’.
EPA will act on that SIP revision in a separate
rulemaking.
4 EPA received two anonymous comments, which
displayed the same email address, on the November
26, 2021, NPRM. Although EPA received these
comments separately, the contents of these
comments are duplicative in nature. In the
‘‘Response to Comments’’ section below, EPA’s
‘‘Response’’ addresses both comments received on
November 30, 2021. These comments are available
in Docket No. EPA–R04–OAR–2020–0400.
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sentence that states: ‘‘Georgia
subsequently amended the regulations
to, among other things, include Bartow
and Newton Counties thereby covering
the entire Atlanta Area.’’ On November
27, 2009, EPA approved a SIP revision
that expanded the applicability of
Georgia’s emissions statement
requirements to include Barrow,
Bartow, Carroll, Hall, Newton, Spalding,
and Walton Counties, which are part of
the Atlanta 8-hour ozone nonattainment
area. See 74 FR 62249.
Next, in Section III, ‘‘Incorporation by
Reference,’’ of the December 2, 2021,
NPRM, on page 68451 in the third
column in the second sentence, EPA
inadvertently did not include a period
after the ‘‘4’’ when referencing GA
EPD’s rule 391–3–1–.02(6)(a)4.(iii).
Throughout the December 2, 2021,
NPRM, the citation ‘‘391–3–1–
.02(6)(a)4(iii)’’ should have been ‘‘391–
3–1–.02(6)(a)4.(iii)’’ everywhere it
appears.
Lastly, EPA notes a typographical
error in the November 26, 2021, NPRM.
Specifically, in Section III, ‘‘Analysis of
State’s Submittal,’’ of the November 26,
2021, NPRM on page 67411, the NPRM
states (emphasis added): ‘‘Georgia
obtained emissions for the non-road
mobile sources from the 2014 NEI.
Those emissions were estimated using
EPA’s National Mobile Inventory Model
(NMIM) with updated NMIM County
Database (NCD) files from GA EPD. A
detailed account of non-road mobile
sources can be found in Appendix D of
the July 2, 2020, submittal.’’ Instead of
referencing ‘‘EPA’s National Mobile
Inventory Model (NMIM) with updated
NMIM County Database (NCD) files,’’
EPA should have referenced EPA’s
Motor Vehicle Emission Simulator
(MOVES) model, and the above
sentences should have read (emphasis
added), ‘‘Georgia obtained emissions for
the non-road mobile sources from the
2014 NEI. Those emissions were
estimated using EPA’s Motor Vehicle
Emission Simulator (MOVES) model for
each ozone nonattainment county. A
detailed account of non-road mobile
sources can be found in Appendix D of
the July 2, 2020, submittal.’’
II. Response to Comments
As mentioned above, on November
30, 2021, EPA received two comments
on the November 26, 2021, NPRM.
These two comments are duplicative, so
EPA is responding to them as one
comment. EPA’s comment summary and
response are provided below.
Comment: The commenter suggested
that EPA’s November 26, 2021, NPRM is
EPA’s method of combating and
regulating ozone ‘‘by releasing ozone in
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Georgia.’’ The commenter notes that
‘‘the source’’ provides a lot of detail/
information but expressed curiosity as
to how the regulation of ozone in
Georgia would be executed and whether
it would cause significant changes in
the State’s air quality.
Response: EPA finds the comments
somewhat unclear. The rationale for
EPA’s proposed action regarding
Georgia’s emissions inventory is
explained in the November 26, 2021,
NPRM which includes an explanation
concerning the purpose of the emissions
inventory for the Atlanta Area. In the
November 26, 2021, NPRM, EPA
proposed approval of Georgia’s SIP
revision to address the base year
emissions inventory requirements for
the Atlanta Area. CAA section 182(a)(1)
requires ozone nonattainment areas
classified as Marginal or above to
submit a comprehensive, accurate,
current inventory of actual emissions
from all sources of nitrogen oxide (NOX)
and volatile organic compounds (VOC)
in the nonattainment area. Contrary to
what the comments may be implying,
EPA approval of this inventory does not
result in ‘‘releasing ozone’’ or ozone
precursors such as VOC or NOx. Further,
EPA approval of the inventory does not
impose any regulations on any sources.
EPA is now determining that the July 2,
2020, SIP revision meets the
requirements of CAA section 182(a)(1).
CAA section 182(a)(1) and
corresponding federal regulations cited
in the NPRM outline the emissions
inventory requirements for areas
designated as nonattainment for the
2015 8-hour ozone NAAQS.
EPA is unclear on how the commenter
intended to use the term ‘‘source.’’ If the
commenter’s reference to ‘‘the source’’
means sources that emit VOC and/or
NOX within the Atlanta Area, EPA
agrees that the July 2, 2020, submittal
included sufficient emissions
information from sources within the
Atlanta Area that emit NOX and VOC. If,
instead, the commenter’s reference to
‘‘the source’’ means the NPRM, EPA
agrees that the NPRM included
sufficient information about EPA’s
action.
Regarding the commenter’s question
related to the execution of regulating
ozone in Georgia, the ozone standards
are applied, or implemented, by
controlling air pollution from emission
sources. The CAA requires EPA to set
NAAQS for certain pollutants, including
ozone, that are considered harmful to
public health and the environment and
come from numerous and diverse
sources. States are required under CAA
section 110(a) to submit infrastructure
SIPs that implement, maintain, and
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enforce new or revised NAAQS within
three years of EPA issuing the standard
(or such shorter period as the EPA
Administrator may prescribe).
Furthermore, each state that contains all
or part of an ozone nonattainment area
is required to submit a SIP revision
addressing the requirements of CAA
sections 172 and 182. In general, the SIP
consists of programs, including air
quality monitoring, air quality
modeling, emission inventories,
emission control strategies, and
documents (policies and rules) that the
state uses to attain and maintain the
NAAQS. For further information on
how Georgia regulates in accordance
with the CAA’s requirements for the
ozone standards, please see several
ozone regulations in the Georgia SIP
online at https://www.epa.gov/sips-ga/
epa-approved-nonregulatory-provisionsand-quasi-regulatory-measures-georgiasip.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Georgia Rule 391–3–1–
.02(6), Source Monitoring, Paragraph
(a)4., Emission Statements, state
effective on 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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5
IV. Final Actions
EPA is approving the aforementioned
SIP revisions submitted by Georgia on
July 2, 2020, and November 4, 2021,
addressing the base year emissions
inventory and the emissions statements
requirements for the 2015 8-hour Ozone
NAAQS for the Atlanta Area. EPA has
determined that the Atlanta Area base
year emissions inventory and the
emissions statements requirements SIP
revisions meet the requirements for the
2015 ozone NAAQS for the Atlanta
Area.
5 See
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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 that they meet the criteria of
the CAA. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions 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);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do 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,
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2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing these actions and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. These actions are not
‘‘major rules’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by May 9, 2022.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of these actions for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule(s) or action(s). These
actions may not be challenged later in
proceedings to enforce their
requirements. See section 307(b)(2).
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.
Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart (L)—Georgia
2. In § 52.570:
a. In paragraph (c), amend the table by
revising the entry for ‘‘391–3–1-.02(6)’’;
and
■ b. In paragraph (e), amend the table by
adding an entry for ‘‘Atlanta Area Base
Year Emissions Inventory for the 2015
Ozone NAAQS’’ at the end of the table.
The revision and addition read as
follows:
■
■
§ 52.570
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
*
Identification of plan.
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(c) * * *
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EPA APPROVED GEORGIA REGULATIONS
State citation
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391–3–1–.02(6) ......
*
Source Monitoring
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*
State
effective
date
Title/subject
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8/1/2013
EPA approval date
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7/28/2017, 82 FR
35108.
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Explanation
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Except paragraph (a)4., approved on 3/9/2022, with a State
effective date of 10/25/2021.
*
*
*
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(e) * * *
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EPA APPROVED GEORGIA NON-REGULATORY PROVISIONS
State
submittal date/
effective date
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment area
*
*
Atlanta Area Base Year Emissions
Inventory for the 2015 Ozone
NAAQS.
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Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett, and Henry Counties.
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7/2/2020
EPA approval date
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3/9/2022, [Insert citation of publication].
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For
questions about this action, contact
Melanie King, Sector Policies and
Programs Division (D243–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2469; and email address: king.melanie@
epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2022–04938 Filed 3–8–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2017–0688; FRL–5909.1–
02–OAR]
RIN 2060–AV03
National Emission Standards for
Hazardous Air Pollutants: Stationary
Combustion Turbines; Amendments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is finalizing
amendments to the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Stationary Combustion
Turbines. This final action removes the
stay of the effectiveness of the standards
for new lean premix and diffusion flame
gas-fired turbines that was promulgated
in 2004.
DATES: The final rule is effective on
March 9, 2022.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2017–0688. All
documents in the docket are listed in on
the https://www.regulations.gov/
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available electronically at
https://www.regulations.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
We encourage the public to submit
comments via https://
www.regulations.gov/ or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
jspears on DSK121TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:24 Mar 08, 2022
Jkt 256001
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. Judicial Review and Administrative
Reconsideration
II. Background and Final Amendments
III. Public Comments and Responses
IV. Impacts of the Final Rule
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Regulated entities. Categories and
entities potentially regulated by this
action include industries using
stationary combustion turbines, such as:
Electric power generation, transmission,
or distribution; Pipeline transportation
of natural gas; and Crude petroleum and
natural gas extraction (North American
Industry Classification System Codes
2211, 486210, 211120, 211130). This list
is not intended to be exhaustive, but
rather to provide a guide for readers
regarding entities likely to be affected by
the final action for the source category
listed. To determine whether your
facility is affected, you should examine
the applicability criteria in the rule. If
you have any questions regarding the
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
13183
applicability of any aspect of this action,
please contact the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section of this preamble.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this final
action will also be available on the
internet. Following signature by the
EPA Administrator, the EPA will post a
copy of this final action at: https://
www.epa.gov/stationary-sources-airpollution/stationary-combustionturbines-national-emission-standards.
Following publication in the Federal
Register, the EPA will post the Federal
Register version and key technical
documents at this same website.
C. Judicial Review and Administrative
Reconsideration
Under Clean Air Act (CAA) section
307(b)(1), judicial review of this final
action is available only by filing a
petition for review in the United States
Court of Appeals for the District of
Columbia Circuit by May 9, 2022. Under
CAA section 307(b)(2), the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings brought by the
EPA to enforce the requirements.
Section 307(d)(7)(B) of the CAA
further provides that only an objection
to a rule or procedure which was raised
with reasonable specificity during the
period for public comment (including
any public hearing) may be raised
during judicial review. That section of
the CAA also provides a mechanism for
the EPA to reconsider the rule if the
person raising an objection can
demonstrate to the Administrator that it
was impracticable to raise such
objection within the period for public
comment or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule. Any person seeking
to make such a demonstration should
submit a Petition for Reconsideration to
the Office of the Administrator, U.S.
EPA, Room 3000, WJC South Building,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, with a copy to
both the person(s) listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
E:\FR\FM\09MRR1.SGM
09MRR1
Agencies
[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13179-13183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04938]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0400; EPA-R04-OAR-2020-0401; FRL-9274-02-R4]
Air Plan Approval; Georgia; Atlanta Area Emissions Inventory and
Emissions Statements Requirements for the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of 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, to address the base
year emissions inventory requirements and 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 in Georgia.
These actions are being taken pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective April 8, 2022.
ADDRESSES: EPA has established dockets for these actions under Docket
Identification Nos. EPA-R04-OAR-2020-0400 and EPA-R04-OAR-2020-0401.
All documents in these dockets are listed on the www.regulations.gov
website. Although listed in the index for each docket, some information
may not be publicly available, i.e., Confidential Business Information
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Air Regulatory
Management Section, Air Planning and Implementation
[[Page 13180]]
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that, if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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 strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 parts per million (ppm) to
0.070 ppm. See 80 FR 65292 (October 26, 2015).\1\ Effective August 3,
2018, EPA designated a seven-county area in and around metropolitan
Atlanta, consisting of Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett,
and Henry Counties in Georgia, as a Marginal nonattainment area for the
2015 Ozone NAAQS. See 83 FR 25776 (June 4, 2018). Based on the
nonattainment designation, Georgia was required to develop a SIP
revision addressing certain CAA requirements for the Atlanta Area. The
revision must include, among other things, a comprehensive, accurate,
current inventory of actual emissions from all emissions sources in the
nonattainment area, known as a ``base year inventory,'' pursuant to CAA
section 182(a)(1) and emissions statements requirements pursuant to
section 182(a)(3)(B). On July 2, 2020, the State of Georgia, through GA
EPD, submitted SIP revisions addressing the base year emissions
inventory and emissions statements requirements related to the 2015 8-
hour ozone NAAQS for the Atlanta Area.\2\ Subsequently, Georgia
submitted an updated SIP revision on November 4, 2021, further
addressing the emissions statements requirements.\3\ The SIP revision
addressing the emissions statements requirements included modifications
to Georgia Rule 391-3-1-.02(6)(a)4.(iii).
---------------------------------------------------------------------------
\1\ The 2015 Ozone NAAQS was promulgated on October 1, 2015,
published on October 26, 2015, and effective December 28, 2015.
\2\ On July 2, 2020, GA EPD also submitted a SIP revision
providing a certification that existing SIP-approved Georgia rules
satisfy the permit program requirements found in section 172(c)(5)
of the CAA. EPA acted on this SIP revision in a separate rulemaking.
See 87 FR 3677 (January 25, 2022).
\3\ On November 4, 2021, GA EPD also submitted a SIP revision
with changes to Rule 391-3-1-.02(2)(rr), ``Gasoline Dispensing
Facility--Stage I''. EPA will act on that SIP revision in a separate
rulemaking.
---------------------------------------------------------------------------
On November 26, 2021, and subsequently on December 2, 2021, EPA
published Notices of Proposed Rulemaking (NPRMs) proposing to approve
the July 2, 2020, SIP revision regarding the base year emissions
inventory and the July 2, 2020, and November 4, 2021, SIP revisions
regarding the emissions statements requirements for the Atlanta Area
for the 2015 8-hour ozone NAAQS. See 86 FR 67409 and 86 FR 68449. More
information on EPA's analysis of Georgia's July 2, 2020, and November
4, 2021, SIP revisions, and how these SIP revisions address the above-
mentioned requirements, are provided in EPA's November 26, 2021, and
December 2, 2021, NPRMs. Comments on EPA's November 26, 2021, NPRM were
due on December 27, 2021. EPA received two comments on EPA's November
26, 2021, NPRM.\4\ EPA's response is provided in Section II, below.
Comments on EPA's December 2, 2021, NPRM were due on or before January
3, 2022. No comments were received on EPA's December 2, 2021, NPRM.
---------------------------------------------------------------------------
\4\ EPA received two anonymous comments, which displayed the
same email address, on the November 26, 2021, NPRM. Although EPA
received these comments separately, the contents of these comments
are duplicative in nature. In the ``Response to Comments'' section
below, EPA's ``Response'' addresses both comments received on
November 30, 2021. These comments are available in Docket No. EPA-
R04-OAR-2020-0400.
---------------------------------------------------------------------------
While EPA did not receive comments on the December 2, 2021, NPRM,
EPA is herein providing non-substantive clarifications on the December
2, 2021, NPRM. First, EPA would like to clarify that EPA received GA
EPD's draft SIP submittal in a July 2, 2020, SIP revision. EPA
subsequently received GA EPD's draft SIP revision supplementing the
original SIP submittal, along with a parallel processing request, on
July 1, 2021, through a letter dated June 28, 2021.
Next, EPA notes that the following sentence in the December 2,
2021, NPRM, found in Section II, ``Analysis of State's Submittal,'' in
the first full paragraph of the first column on page 68451, should have
included Barrow, Carroll, Hall, Spalding, and Walton Counties. These
counties were inadvertently omitted from the December 2, 2021, NPRM in
the sentence that states: ``Georgia subsequently amended the
regulations to, among other things, include Bartow and Newton Counties
thereby covering the entire Atlanta Area.'' On November 27, 2009, EPA
approved a SIP revision that expanded the applicability of Georgia's
emissions statement requirements to include Barrow, Bartow, Carroll,
Hall, Newton, Spalding, and Walton Counties, which are part of the
Atlanta 8-hour ozone nonattainment area. See 74 FR 62249.
Next, in Section III, ``Incorporation by Reference,'' of the
December 2, 2021, NPRM, on page 68451 in the third column in the second
sentence, EPA inadvertently did not include a period after the ``4''
when referencing GA EPD's rule 391-3-1-.02(6)(a)4.(iii). Throughout the
December 2, 2021, NPRM, the citation ``391-3-1-.02(6)(a)4(iii)'' should
have been ``391-3-1-.02(6)(a)4.(iii)'' everywhere it appears.
Lastly, EPA notes a typographical error in the November 26, 2021,
NPRM. Specifically, in Section III, ``Analysis of State's Submittal,''
of the November 26, 2021, NPRM on page 67411, the NPRM states (emphasis
added): ``Georgia obtained emissions for the non-road mobile sources
from the 2014 NEI. Those emissions were estimated using EPA's National
Mobile Inventory Model (NMIM) with updated NMIM County Database (NCD)
files from GA EPD. A detailed account of non-road mobile sources can be
found in Appendix D of the July 2, 2020, submittal.'' Instead of
referencing ``EPA's National Mobile Inventory Model (NMIM) with updated
NMIM County Database (NCD) files,'' EPA should have referenced EPA's
Motor Vehicle Emission Simulator (MOVES) model, and the above sentences
should have read (emphasis added), ``Georgia obtained emissions for the
non-road mobile sources from the 2014 NEI. Those emissions were
estimated using EPA's Motor Vehicle Emission Simulator (MOVES) model
for each ozone nonattainment county. A detailed account of non-road
mobile sources can be found in Appendix D of the July 2, 2020,
submittal.''
II. Response to Comments
As mentioned above, on November 30, 2021, EPA received two comments
on the November 26, 2021, NPRM. These two comments are duplicative, so
EPA is responding to them as one comment. EPA's comment summary and
response are provided below.
Comment: The commenter suggested that EPA's November 26, 2021, NPRM
is EPA's method of combating and regulating ozone ``by releasing ozone
in
[[Page 13181]]
Georgia.'' The commenter notes that ``the source'' provides a lot of
detail/information but expressed curiosity as to how the regulation of
ozone in Georgia would be executed and whether it would cause
significant changes in the State's air quality.
Response: EPA finds the comments somewhat unclear. The rationale
for EPA's proposed action regarding Georgia's emissions inventory is
explained in the November 26, 2021, NPRM which includes an explanation
concerning the purpose of the emissions inventory for the Atlanta Area.
In the November 26, 2021, NPRM, EPA proposed approval of Georgia's SIP
revision to address the base year emissions inventory requirements for
the Atlanta Area. CAA section 182(a)(1) requires ozone nonattainment
areas classified as Marginal or above to submit a comprehensive,
accurate, current inventory of actual emissions from all sources of
nitrogen oxide (NOX) and volatile organic compounds (VOC) in
the nonattainment area. Contrary to what the comments may be implying,
EPA approval of this inventory does not result in ``releasing ozone''
or ozone precursors such as VOC or NOx. Further, EPA
approval of the inventory does not impose any regulations on any
sources. EPA is now determining that the July 2, 2020, SIP revision
meets the requirements of CAA section 182(a)(1). CAA section 182(a)(1)
and corresponding federal regulations cited in the NPRM outline the
emissions inventory requirements for areas designated as nonattainment
for the 2015 8-hour ozone NAAQS.
EPA is unclear on how the commenter intended to use the term
``source.'' If the commenter's reference to ``the source'' means
sources that emit VOC and/or NOX within the Atlanta Area,
EPA agrees that the July 2, 2020, submittal included sufficient
emissions information from sources within the Atlanta Area that emit
NOX and VOC. If, instead, the commenter's reference to ``the
source'' means the NPRM, EPA agrees that the NPRM included sufficient
information about EPA's action.
Regarding the commenter's question related to the execution of
regulating ozone in Georgia, the ozone standards are applied, or
implemented, by controlling air pollution from emission sources. The
CAA requires EPA to set NAAQS for certain pollutants, including ozone,
that are considered harmful to public health and the environment and
come from numerous and diverse sources. States are required under CAA
section 110(a) to submit infrastructure SIPs that implement, maintain,
and enforce new or revised NAAQS within three years of EPA issuing the
standard (or such shorter period as the EPA Administrator may
prescribe). Furthermore, each state that contains all or part of an
ozone nonattainment area is required to submit a SIP revision
addressing the requirements of CAA sections 172 and 182. In general,
the SIP consists of programs, including air quality monitoring, air
quality modeling, emission inventories, emission control strategies,
and documents (policies and rules) that the state uses to attain and
maintain the NAAQS. For further information on how Georgia regulates in
accordance with the CAA's requirements for the ozone standards, please
see several ozone regulations in the Georgia SIP online at https://www.epa.gov/sips-ga/epa-approved-nonregulatory-provisions-and-quasi-regulatory-measures-georgia-sip.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rule
391-3-1-.02(6), Source Monitoring, Paragraph (a)4., Emission
Statements, state effective on 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\5\
---------------------------------------------------------------------------
\5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Actions
EPA is approving the aforementioned SIP revisions submitted by
Georgia on July 2, 2020, and November 4, 2021, addressing the base year
emissions inventory and the emissions statements requirements for the
2015 8-hour Ozone NAAQS for the Atlanta Area. EPA has determined that
the Atlanta Area base year emissions inventory and the emissions
statements requirements SIP revisions meet the requirements for the
2015 ozone NAAQS for the Atlanta Area.
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 that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are not significant regulatory actions 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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,
[[Page 13182]]
2000), nor will it impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not ``major rules'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by May 9, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule(s) or
action(s). These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).
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.
Dated: February 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart (L)--Georgia
0
2. In Sec. 52.570:
0
a. In paragraph (c), amend the table by revising the entry for ``391-3-
1-.02(6)''; and
0
b. In paragraph (e), amend the table by adding an entry for ``Atlanta
Area Base Year Emissions Inventory for the 2015 Ozone NAAQS'' at the
end of the table.
The revision and addition read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(6)................ Source Monitoring... 8/1/2013 7/28/2017, 82 FR Except paragraph
35108. (a)4., approved on
3/9/2022, with a
State effective
date of 10/25/2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/ effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Atlanta Area Base Year Emissions Bartow, Clayton, 7/2/2020 3/9/2022, [Insert
Inventory for the 2015 Ozone Cobb, Dekalb, citation of
NAAQS. Fulton, Gwinnett, publication].
and Henry Counties.
----------------------------------------------------------------------------------------------------------------
[[Page 13183]]
* * * * *
[FR Doc. 2022-04938 Filed 3-8-22; 8:45 am]
BILLING CODE 6560-50-P