[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33168-33171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0116; FRL-9980-80--Region 4]


Air Plan Approval; Georgia; Revisions to VOC Definitions and 
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On November 13, 2017, the State of Georgia through the Georgia 
Environmental Protection Division (EPD), submitted revisions to the 
Georgia State Implementation Plan (SIP). The Environmental Protection 
Agency (EPA) is proposing to approve SIP revisions, which modify the 
State's air quality regulations as incorporated into the SIP. 
Specifically, the revisions pertain to definition changes, including 
the modification of the definition of ``volatile organic compounds,'' 
(VOC) and changes to the State's air quality standards for sulfur 
dioxide (SO<INF>2</INF>), particulate matter (both PM<INF>2.5</INF> and 
PM<INF>10</INF>), carbon monoxide (CO), ozone (O<INF>3</INF>), lead 
(Pb) and nitrogen dioxide (NO<INF>2</INF>) to be consistent with the 
National Ambient Air Quality Standards (NAAQS). EPA is proposing to 
approve these provisions of the SIP revisions because the State has 
demonstrated that these changes are consistent with the Clean Air Act 
(CAA or Act).

DATES: Comments must be received on or before August 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0116 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management 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 <a href="/cdn-cgi/l/email-protection#ea888f8686c49e838f988f8493aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="3e5c5b5252104a575b4c5b50477e5b4e5f10595148">[email protected]</span></a>.

I. Background

    In this rulemaking, EPA is proposing to approve changes into the 
Georgia SIP, submitted by the State on November 13, 2017. The 
submission revises Rule 391-3-1-.01, ``Definitions'' by adding t-Butyl 
acetate (also known as tertiary butyl acetate or TBAC) and 1,1,2,2-
Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of organic 
compounds having negligible photochemical reactivity. The definition of 
VOC is also being updated by removing the recordkeeping requirements 
for t-Butyl acetate. Finally, the definition of VOC is being revised to 
include chemical names to clarify previous exemptions. EPA is also 
proposing to approve changes into the Georgia SIP to amend Rule 391-3-
1-.02(4), ``Ambient Air Standards,'' by updating Georgia's air quality 
standard to be consistent with the NAAQS. The submittal by the State 
can be found in the docket for this rulemaking at www.regulations.gov 
and is further summarized below. Also on November 29, 2017, EPD 
submitted a separate SIP revision to make changes to Rule 391-3-
1-.03(6), ``Exemption'' under Permits and Rule 391-3-1-.02(7)(a)(1), 
``General Requirements'' under Prevention of Significant Deterioration 
(PSD). EPA will address these changes in a separate notice. 
Additionally, EPD withdrew from EPA's consideration, Rule 391-3-
1-.02(7)(a)2(ix), ``Regulated NSR pollutant'' under PSD, and Rule 391-
3-1-.03(8)(c)(16), ``Additional Provisions for PM<INF>2.5</INF> Non-
Attainment Areas'' under Permits.\1\
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    \1\ The State withdrew Rule 391-3-1-.02(7)(a)2(ix), ``Regulated 
NSR pollutant'' and Rule 391-3-1-.03(8)(c)(16), ``Additional 
Provisions for PM<INF>2.5</INF> Non-Attainment Areas'' on December 
1, 2016, and July 26, 2017, respectively. The State also 
acknowledges this in the response to comment of the pre-hearing in 
the November 13, 2017, submittal. The information is in the Docket.

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[[Page 33169]]

II. EPA's Analysis of Georgia's SIP Revisions

a. Revisions to Definitions

    Tropospheric ozone, commonly known as smog, occurs when VOC and 
nitrogen oxides (NO<INF>X</INF>) react in the atmosphere in the 
presence of sunlight. Because of the harmful health effects of ozone, 
EPA and state governments implement rules to limit the amount of 
certain VOC and NO<INF>X</INF> that can be released into the 
atmosphere. VOC have different levels of reactivity; they do not react 
at the same speed or do not form ozone to the same extent. Section 
302(s) of the CAA specifies that EPA has the authority to define the 
meaning of ``VOC,'' and hence what compounds shall be treated as VOC 
for regulatory purposes.
    EPA determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. It has been EPA's policy that compounds of carbon with 
negligible reactivity need not be regulated to reduce ozone and should 
be excluded from the regulatory definition of VOC. See 42 FR 35314 
(July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these 
compounds in its regulations at 40 CFR 51.100(s) and excludes them from 
the definition of VOC. The chemicals on this list are often called 
``negligibly reactive.'' EPA may periodically revise the list of 
negligibly reactive compounds to add or delete compounds.
    On November 29, 2004,\2\ and August 1, 2016,\3\ EPA issued final 
rules revising the definition of VOC by adding new compounds, t-Butyl 
acetate and 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane, to 
the list of those considered to be negligibly reactive compounds, and 
on February 25, 2016 (81 FR 9339), EPA issued a final rule removing 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements for t-Butyl acetate.\4\ The State's November 
13, 2017, SIP revision adds t-Butyl acetate and 1,1,2,2-Tetrafluoro-1-
(2,2,2-trifluoroethoxy) ethane to the list of negligibly reactive 
compounds to be consistent with federal and other similar SIP-approved 
regulations. They are excluded from the VOC definition on the basis 
that they make a negligible contribution to tropospheric ozone 
formation. The revision also removes the recordkeeping requirements for 
t-Butyl acetate and includes the addition of certain chemical names to 
clarify previous exemptions: Dichloromethane; HFE-7100; HFE-7200; 
HCOOCH3; and HFE-7300. EPA is proposing to approve this revision 
because it is consistent with the definition of VOC at 40 CFR 
51.100(s).
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    \2\ In EPA's November 29, 2004, final rulemaking, the Agency 
adds t-Butyl acetate to the list of excluded compounds from the 
definition of VOCs. See 69 FR 69298.
    \3\ In EPA's August 1, 2016, final rulemaking, the Agency adds 
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of 
excluded compounds from the definition of VOCs. See 81 FR 50330.
    \4\ EPA removed these requirements in part because there was no 
evidence that TBAC was being used at levels that cause concern for 
ozone formation and because the data that had been collected under 
these requirements had proven to be of limited utility in judging 
the cumulative impacts of exempted compounds. See 81 FR 9339.
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    Pursuant to CAA section 110(l), the Administrator shall not approve 
a revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the Act. The State's 
addition of certain chemical names is approvable under section 110(l) 
because the revision merely clarifies previous exemptions. The State's 
addition of exemptions from the definition of VOCs, and the removal of 
recordkeeping, emissions reporting, photochemical dispersion modeling, 
and inventory requirements for t-Butyl acetate \5\ are approvable under 
section 110(l) because they reflect changes to Federal regulations 
based on findings that the exempted compounds are negligibly reactive, 
and additionally for t-Butyl acetate, that there was no evidence it was 
being used at levels that cause concern for ozone formation, and the 
data that had been collected under the recordkeeping, emissions 
reporting, photochemical dispersion modeling, and inventory 
requirements had proven to be of limited utility in judging it's 
cumulative impact.
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    \5\ This current proposed rulemaking does not, and is not 
intended to, reopen any prior final EPA rulemaking or findings made 
therein, including EPA's 2004 final rule (69 FR 69298) and EPA's 
2016 final rule (81 FR 9339).
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b. Updated NAAQS

    The November 13, 2017, SIP submission revises the State's ambient 
air quality standards to reflect the historical and current NAAQS for 
SO<INF>2</INF>, PM<INF>10</INF>, PM<INF>2.5</INF>, CO, O<INF>3</INF>, 
Pb, and NO<INF>2</INF>. Specifically, the revisions add provisions 
related to the 2015 ozone NAAQS to the State's regulations, and modify 
language in the regulations to provide clarity and consistency with the 
NAAQS.
    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS to protect public health and 
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards 
themselves. EPA's regulatory provisions that govern the NAAQS are found 
at 40 CFR 50--National Primary and Secondary Ambient Air Quality 
Standards. In this rule, EPA is proposing to approve the portions of 
the revisions to the State of Georgia air quality regulations 
addressing Rule 391-3-1-.02(4), Ambient Air Standards, in the Georgia 
SIP, submitted by Georgia on November 13, 2017. Rule 391-3-1-.02(4) is 
amended by updating air quality standards to reflect the most recent 
NAAQS. The SIP submission amending the State of Georgia regulations to 
incorporate the most recent SO<INF>2</INF>, particulate matter (both 
PM<INF>2.5</INF> and PM<INF>10</INF>), CO, O<INF>3</INF>, Pb and 
NO<INF>2</INF> NAAQS can be found in the docket for this rulemaking at 
www.regulations.gov and is summarized below.
i. SO<INF>2</INF>
    On June 22, 2010, EPA promulgated a revised primary SO<INF>2</INF> 
NAAQS to an hourly standard of 75 parts per billion (ppb), based on a 
3-year average of the annual 99th percentile of 1-hour daily maximum 
concentrations, and revoked the 24-hour SO<INF>2</INF> NAAQS. See 75 FR 
35520. Accordingly, in the November 13, 2017, SIP submission, Georgia 
revised Rule 391-3-1-.02(4)(b) to update its primary air quality 
standards for SO<INF>2</INF> to be consistent with the NAAQS 
promulgated by EPA in 2010, with the exception of Rule 391-3-
1-.02(4)(b)2 and 391-3-1-.02(4)(b)3.\6\ EPA is proposing to approve 
this change because it is consistent with the SO<INF>2</INF> NAAQS as 
defined by EPA.
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    \6\ The former primary SO<INF>2</INF> NAAQS set forth in 40 CFR 
50.4 will continue to apply to an area until one year after the 
effective date of the designation of that area, pursuant to section 
107 of the CAA, for the 2010 SO<INF>2</INF> NAAQS set forth in Sec.  
50.17. Therefore, Georgia is asking that EPA not act on the 
SO<INF>2</INF> NAAQS in Rule 391-3-1-.02(4)(b)2. and Rule 391-3-
1-.02(4)(b)3 until final designations are complete for all areas in 
Georgia for the 2010 SO<INF>2</INF> NAAQS.
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ii. PM
    On July 18, 1997, EPA promulgated a new 24-hour primary and 
secondary NAAQS for PM<INF>2.5</INF> at a level of 65 micrograms per 
cubic meter ([micro]g/m\3\), based on the 98th percentile of 24-hour 
PM<INF>2.5</INF> concentrations averaged over three years. EPA also 
promulgated a new annual primary and secondary NAAQS for 
PM<INF>2.5</INF> at a level of 15.0 [micro]g/m\3\, based on the annual 
arithmetic

[[Page 33170]]

mean averaged over three years. See 62 FR 38652. On October 17, 2006, 
EPA revised the 24-hour primary and secondary PM<INF>2.5</INF> NAAQS to 
35 [micro]g/m\3\, based on the 98th percentile of 24-hour 
PM<INF>2.5</INF> concentrations averaged over three years. At that same 
time, EPA revoked the annual PM<INF>10</INF> NAAQS. See 71 FR 61144. On 
December 14, 2012, EPA revised the primary annual NAAQS for 
PM<INF>2.5</INF> at a level of 12 [micro]g/m\3\, based on the annual 
arithmetic mean averaged over three years. See 78 FR 3085; January 15, 
2013. Accordingly, in the November 13, 2017, SIP submission, Georgia 
revised Rule 391-3-1-.02(4) to update its air quality standards for 
PM<INF>10</INF> and PM<INF>2.5</INF> to be consistent with the NAAQS 
promulgated by EPA in 1997, 2006, and 2012. EPA is proposing to approve 
this change because it is consistent with the PM<INF>10</INF> and 
PM<INF>2.5</INF> NAAQS as defined by EPA.
iii. CO
    EPA initially established the NAAQS for CO on April 30, 1971. The 
standards were set at 9 parts per million (ppm), as an 8-hour average, 
and 35 ppm, as a 1-hour average, neither to be exceeded more than once 
per year. See 36 FR 8186. In 1985, EPA concluded its first periodic 
review of the criteria and standards for CO. EPA decided not to revise 
the existing primary standards and to revoke the secondary standard for 
CO. See 50 FR 37484 (September 13, 1985). On August 1, 1994, EPA 
concluded its second periodic review of the criteria and standards for 
CO by deciding that revisions to the CO NAAQS were not warranted at 
that time. Thus, the primary standards were retained at 9 ppm with an 
8-hour averaging time, and 35 ppm with a 1-hour averaging time, neither 
to be exceeded more than once per year. See 59 FR 38906.\7\ On August 
31, 2011, EPA issued a final rulemaking concluding that the CO NAAQS 
was still requisite to protect public health with an adequate margin of 
safety and thus retained the CO NAAQS. See 76 FR 542494. Accordingly, 
in the November 13, 2017, SIP submission, Georgia revised Rule 391-3-
1-.02(4) to update its air quality standards for CO to be consistent 
with the current CO NAAQS. EPA is proposing to approve this change 
because it is consistent with the CO NAAQS as defined by EPA.
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    \7\ EPA initiated the next period review in 1997 but did not 
conduct rulemaking to complete the review.
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iv. O<INF>3</INF>
    On March 27, 2008, EPA promulgated a new 8-hour primary and 
secondary NAAQS for ozone at a level of 0.075 ppm (the 2008 8-hour 
Ozone NAAQS), based on an annual fourth-highest maximum 8-hour 
concentration averaged over three years. See 73 FR 16436. On October 
26, 2015, EPA promulgated a new primary and secondary NAAQS for ozone 
at a level of 0.070 ppm (the 2015 8-hour Ozone NAAQS), based on an 
annual fourth-highest maximum 8-hour concentration averaged over three 
years. See 80 FR 65292. Accordingly, in the November 13, 2017, SIP 
submission, Georgia revised Rule 391-3-1-.02(4) to add the 2015 8-hour 
Ozone NAAQS promulgated by EPA in 2015. EPA is proposing to approve 
this change because it is consistent with the ozone NAAQS as defined by 
EPA.
v. Pb
    On November 12, 2008, EPA promulgated a new 1-hour primary and 
secondary NAAQS for Pb at a level of 0.15 [mu]g/m\3\, based on a 
rolling 3-month average. See 73 FR 66964. Accordingly, in the November 
13, 2017, SIP submission, Georgia revised Rule 391-3-1-.02(4) to update 
its air quality standards for Pb to be consistent with the NAAQS 
promulgated by EPA in 2008. EPA is proposing to approve this change 
because it is consistent with the Pb NAAQS as defined by EPA.
vi. NO<INF>2</INF>
    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO<INF>2</INF> at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the 
November 13, 2017, SIP submission, Georgia revised Rule 391-3-1-.02(4) 
to update its air quality standards for NO<INF>2</INF> to be consistent 
with the NAAQS promulgated by EPA in 2010. EPA is proposing to approve 
this change because it is consistent with the NO<INF>2</INF> NAAQS as 
defined by EPA.
    EPA has reviewed the revisions to Rule 391-3-1-.02(4) in the 
November 13, 2017, SIP submission, including the NAAQS updates for 
SO<INF>2</INF>, PM<INF>10</INF>, PM<INF>2.5</INF>, CO, O<INF>3</INF>, 
Pb, and NO<INF>2</INF>, and has made the preliminary determination that 
these changes are consistent with the CAA. As mentioned above, EPA is 
proposing to approve these changes to the NAAQS into the Georgia SIP.

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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Georgia Rule 391-3-1-.01, ``Definitions,'' effective July 20, 
2017, which revises the definition of VOC; and Rule 391-3-1-.02(4), 
``Ambient Air Standards,'' effective July 20, 2017, which revises the 
State's ambient air quality standards to be consistent with the NAAQS. 
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 State of Georgia's November 13, 
2017, SIP revisions identified in section II above. These changes are 
consistent with 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 that they meet the criteria of the CAA. This 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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 33171]]

    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: July 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-15147 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P


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