88308 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

1See 75 FR 35520 and https://www.gpo.gov/ 

fdsys/pkg/FR-2010-06-22/pdf/2010-13947.pdf. 2See also NAAQS Table at https://www.epa.gov/ 

criteria-air-pollutants/naaqs-table. 

3On February 25, 2019, EPA finalized a second 

review of the SO2 standard, retaining the existing 

primary 1-hour SO2 NAAQS based on a review of 

the full body of currently available scientific 

evidence and exposure/risk information at the time. 

See 84 FR 9866 and https://www.epa.gov/so2- 

pollution/primary-national-ambient-air-qualitystandard-naaqs-sulfur-dioxide. 

4EPA promulgated the 1971 primary and 

secondary NAAQS for SO2 on April 30, 1971. See 

36 FR 8186. The 1971 primary SO2 standards of 365 

mg/m3 (0.14 ppm), averaged over a period of 24 

hours and not to be exceeded more than once per 

year, and 80 mg/m3 (0.03 ppm), as an annual 

arithmetic mean. 

5EPA did not revise the secondary 3-hour SO2

NAAQS set at 0.5 ppm in the 2010 or 2019 NAAQS 

review. 

6EPA arrived at the same conclusion in the 2019 

review of the SO2 standard when the agency 

retained the 1-hour SO2 standard of 75 ppb stating 

(respecting the rationale to revoke the previous SO2

standard) ‘‘the evidence in this review [2019] is not 

substantively changed from that in the last review 

[2010].’’ See 84 FR 9866 (March 18, 2019). 

7The owner or operator of a new or modified 

source will still be required to demonstrate 

compliance with the annual and 24-hour SO2

increments, even when their counterpart NAAQS 

are revoked. The annual and 24-hour increments 

are established in the CAA and will need to remain 

in the prevention of significant deterioration 

regulations because EPA does not interpret the CAA 

to authorize EPA to remove them. See 75 FR at 

35578. 

Dated: December 14, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–27874 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0232; FRL–11600– 

01–R4] 

Air Plan Approval; GA; Miscellaneous 

Rule Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia, through the Georgia 

Environmental Protection Division 

(EPD) via a letter dated October 20, 

2022. The revision seeks to change 

Georgia’s Rules for Air Quality Control 

in the SIP by removing the 1971 annual 

and 24-hour ambient air quality primary 

standard for sulfur dioxide (SO2), which 

no longer applied in Georgia as of April 

30, 2022. EPA is proposing to approve 

this SIP revision because the State has 

demonstrated that this change is 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: Comments must be received on 

or before January 22, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. at EPA– 

R04–OAR–2023–0232 at https://

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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, 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– 

8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 2, 2010, EPA revised the 

primary SO2 national ambient air 

quality standards (NAAQS or standards) 

to provide requisite protection of public 

health with an adequate margin of 

safety. See 75 FR 35520 (June 22, 2010). 

Specifically, EPA established a new 1- 

hour SO2 standard at a level of 75 parts 

per billion (ppb), codified at 40 CFR 

50.17.1 2 The 1-hour standard is met at 

an ambient air quality monitoring site 

when the 3-year average of the annual 

99th percentile of daily maximum 1- 

hour average concentrations is less than 

or equal to 75 ppb, as determined in 

accordance with Appendix T of 40 CFR 

part 50 and 40 CFR 50.17(a) and (b).3

EPA set this new 1-hour short-term 

standard to replace the 1971 primary 24- 

hour standard of 0.14 parts per million 

(ppm) and the annual SO2 standard set 

of 0.03 ppm.4 5 In the 2010 SO2 NAAQS 

final rulemaking, the Administrator 

concluded it was appropriate to revoke 

the 24-hour and annual primary 

standards,6 stating ‘‘a 1-hour standard at 

[a] level of 75 ppb would have the effect 

of maintaining 24-hour and annual SO2

concentrations generally well below the 

levels of the current 24-hour and annual 

NAAQS.’’ See 75 FR at 35550. The final 

rule also states, based on health 

evidence and risk-based information, 

that the 1971 SO2 standards ‘‘ ‘are not 

adequate to protect public health, 

especially in relation to short-term 

exposures to SO2 (5–10 minutes) by 

exercising asthmatics’ ’’ and that the 

new 1-hour standard would provide 

requisite protection of public health 

with an adequate margin of safety. See 

75 FR at 35530, 35550. 

Anti-Backsliding 

When EPA revised the SO2 NAAQS in 

2010, replacing the annual and 24-hour 

standards with a short term 1-hour 

standard, EPA also addressed the 

section 172(e) anti-backsliding 

provision of the CAA and determined 

what provisions are appropriate to 

provide for transition to the new 

standard. Section 172(e) of the CAA 

specifies that if EPA relaxes a NAAQS, 

control obligations no less stringent 

than those that apply in nonattainment 

area SIPs may not be relaxed, and 

adopting those controls that have not 

yet been adopted as needed may not be 

avoided. Even though the 2010 1-hour 

standard is more protective than the 

previous SO2 NAAQS, anti-backsliding 

provisions were necessary to insure that 

the health protection provided by the 

prior NAAQS continues to be achieved 

as well as maintained as states 

transition to the new standard.7

Specifically, EPA established at 40 CFR 

50.4(e) when the 1971 SO2 NAAQS 

would be revoked in areas, and when it 

was necessary to retain the older SO2

standards, setting conditions needed for 

the eventual transition to the new 1- 

hour SO2 NAAQS. Specifically, 40 CFR 

50.4(e) provides that the 1971 SO2

NAAQS will no longer apply to an area 

one year after the effective date of the 

designation of that area for the 2010 SO2

NAAQS set forth in § 50.17; except that 

the 1971 SO2 NAAQS remains in effect 

for areas that are nonattainment for that 

NAAQS as of the effective date of the 

2010 SO2 NAAQS, and areas not 

meeting the requirements of a SIP call 

with respect to requirements for the 

1971 SO2 NAAQS until that area 

submits, and EPA approves, an 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 88309 

8This led EPA to convene a stakeholder process 

with state, tribes, industry, and non-governmental 

organizations in 2012 to refine the agency’s 

analytical approach to inform designations, with 

credible air quality data. With input from a diverse 

group of stakeholders, EPA developed a 

comprehensive implementation strategy for the 

future SO2 designations actions that focused 

resources on identifying and addressing unhealthy 

levels of SO2 in areas where people are most likely 

to be exposed to violations of the standard. This 

resulted in the promulgation of the Data 

Requirements Rule (DRR) on August 21, 2015 (80 

FR 51052), to inform the remaining designations. 

9Following the initial August 5, 2013, 

designations, three lawsuits were filed against EPA 

in different U.S. District Courts, alleging the agency 

had failed to perform a nondiscretionary duty under 

the CAA by not designating all portions of the 

country by the June 2, 2013, deadline. In an effort 

intended to resolve the litigation in one of those 

cases, EPA and the plaintiffs, Sierra Club, and the 

Natural Resources Defense Council, filed a 

proposed consent decree with the U.S. District 

Court for the Northern District of California. On 

March 2, 2015, the court entered the consent decree 

and issued an enforceable order for EPA to 

complete the area designations by three specific 

deadlines according to the court-ordered schedule. 10See 40 CFR 81.311. 

implementation plan providing for 

attainment of the 2010 SO2 NAAQS. 

SO2 NAAQS Designations 

After EPA promulgates a new or 

revised NAAQS, the agency is required 

to designate all areas of the country as 

either ‘‘nonattainment,’’ ‘‘attainment,’’ 

or ‘‘unclassifiable’’ for that NAAQS 

pursuant to section 107(d) of the CAA. 

The CAA requires EPA to complete the 

initial designations process within two 

years of promulgating a new or revised 

standard or June 2012 for the 1-hour 

SO2 NAAQS. If the Administrator has 

insufficient information to make these 

designations by that deadline, the CAA 

provides EPA authority to extend the 

deadline for completing designations by 

up to one year. However, due to a lack 

of available and sufficient air quality 

data to inform designations, EPA was 

not prepared to issue designations for 

the 2010 primary SO2 standard for the 

entire country within the CAA’s twoyear deadline.8 On July 27, 2012, EPA 

extended the deadline for area 

designations for the 2010 primary SO2

standard from June 2012 by one year to 

June 2013 due to having insufficient 

information to make initial area 

designations in two years. See 77 FR 

46295 (August 3, 2012). With this 

extension, EPA completed initial 

designations on June 3, 2013, based on 

air quality monitoring data available at 

the time. 

Subsequently, lawsuits were filed 

against EPA alleging that the Agency 

had failed to perform a nondiscretionary 

duty under the CAA by not designating 

all portions of the country by June 3, 

2013.9 EPA eventually entered into a 

consent decree on March 2, 2015, which 

required the agency to complete the 

remaining area designations in three 

specific deadlines or ‘‘rounds’’ of 

designations: July 2, 2016 (‘‘Round 2’’), 

December 31, 2017 (‘‘Round 3’’), and 

December 31, 2020 (‘‘Round 4’’). Round 

1 designations were finalized as part of 

the 1-year extension in August 2013. 

Subsequently, EPA published Federal 

Register notices completing the 

remaining three rounds of SO2

designations by the court-ordered 

deadlines. For Georgia, EPA designated 

areas in the state as attainment/ 

unclassifiable in Rounds 2, 3, and 4 

from 2016 through 2021, resulting in the 

entire state being designated as 

attainment/unclassifiable.10 Thus, on 

April 30, 2022, one year after the 

effective date of the Round 4 

designations, the primary 24-hour and 

annual SO2 NAAQS no longer applied 

in Georgia. 

II. EPA’s Analysis of Georgia’s 

Submittal 

Georgia’s October 22, 2022, submittal 

proposes to revise Rule 391–3–1–.02(4), 

‘‘Ambient Air Standards’’, at 

subparagraphs (b)1 and (b)2 of 

paragraph (b), ‘‘Sulfur Dioxide’’ to 

remove the 1971 annual and 24-hour 

ambient air quality primary SO2

standards which, as discussed in section 

I, no longer applied in Georgia after 

April 30, 2022. The subsequent 

subparagraphs at Rule 391–3–.02(4)(b), 

are renumbered respectively. 

As described above, EPA designated 

all counties in Georgia as attainment/ 

unclassifiable through the three rounds 

of designations for the 2010 1-hour 

primary NAAQS, with the final Round 

4 designations effective on April 30, 

2021. Thus, these 1971 standards no 

longer applied anywhere in Georgia 

effective on April 30, 2022. Moreover, 

with no SO2 nonattainment areas in 

Georgia for the 1971 or 2010 SO2

NAAQS, the revocation of the 1971 SO2

standards would not be deferred until 

nonattainment and maintenance 

planning requirements are met as 

described above. For these reasons, EPA 

is proposing to approve Georgia’s 

October 22, 2022, revision to Rule 391– 

3–1–.02(4), ‘‘Ambient Air Standards’’, at 

paragraph (b), ‘‘Sulfur Dioxide.’’ 

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, and as 

explained in sections I and II of this 

preamble, EPA is proposing to 

incorporate by reference Georgia Rule 

391–3–1–.02(4), ‘‘Ambient Air 

Standards,’’ paragraph (b), ‘‘Sulfur 

Dioxide,’’ State effective September 19, 

2022, to remove subparagraphs (b)1 and 

(b)2 and renumber the remaining 

provisions accordingly. 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 Georgia’s 

October 20, 2022, SIP submittal, which 

would remove the 1971 annual and 24- 

hour primary SO2 NAAQS from the 

Georgia SIP at Rule 391–3–1–.02(4) and 

renumber the remaining provisions of 

Rule 391–3–1–.02(4)(b) accordingly for 

the reasons discussed herein. 

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 

CAA and applicable Federal regulations. 

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. Accordingly, 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88310 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

1On November 6, 1991, EPA designated and 

classified the following counties in and around the 

Atlanta, Georgia, metropolitan area as a serious 

ozone nonattainment area for the 1-hour ozone 

NAAQS: Cherokee, Clayton, Cobb, Coweta, DeKalb, 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

In addition, 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 proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Georgia EPD did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving 

environmental justice for people of 

color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: December 14, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–28085 Filed 12–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0630; FRL–11582– 

01–R4] 

Air Plan Approval; Georgia; Vehicle 

Inspection and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Georgia through the Georgia Department 

of Natural Resources (GA DNR), 

Environmental Protection Division 

(EPD), on June 8, 2022, and on June 6, 

2023. Georgia’s June 8, 2022, SIP 

revision (hereinafter referred to as 

Georgia’s 2022 I/M SIP revision) 

removes obsolete references and 

provisions; updates the State’s 

inspection and maintenance (I/M) 

requirements; updates terminology, in 

part to reflect advances in test and 

vehicle technology; and makes other 

minor changes. The June 6, 2023, SIP 

revision (hereinafter referred to as 

Georgia’s 2023 I/M SIP revision) 

removes outdated terminology; updates 

with new terminology; removes one 

requirement; and makes other minor 

changes to Georgia’s enhanced I/M 

program. EPA is proposing to approve 

these changes pursuant to the Clean Air 

Act (CAA or Act). 

DATES: Comments must be received on 

or before January 22, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0630 at 

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 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Weston Freund, 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– 

8773. Mr. Freund can also be reached 

via electronic mail at freund.weston@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Below provides the background for 

EPA’s proposed actions on Georgia’s 

2022 and 2023 I/M SIP revisions that 

were submitted to EPA by GA DNR on 

June 8, 2022, and on June 6, 2023, 

respectively. 

The CAA requires areas that are 

designated as moderate, serious, severe, 

or extreme ozone nonattainment areas to 

establish motor vehicle I/M programs to 

ensure regular monitoring of gasoline 

fueled motor vehicle emissions. See 

CAA sections 182(b)(4), (c)(3). The 

required monitoring is performed by 

periodic emissions testing of vehicles. 

See CAA sections 182(a)(2)(B), (c)(3). 

This emissions testing ensures that 

vehicles are well-maintained and 

operating as designed and that they do 

not exceed established vehicle pollutant 

limits. A basic I/M program is required 

for moderate ozone nonattainment 

areas, and an enhanced I/M program is 

required for serious, severe, or extreme 

ozone nonattainment areas. 

In 1991, EPA classified a 13-county 

area in and around the Atlanta, Georgia, 

metropolitan area as a serious ozone 

nonattainment area for the 1979 1-hour 

ozone national ambient air quality 

standards (NAAQS or standard), 

triggering the requirement for the State 

to establish an enhanced I/M program 

for the area.1 In 1996, Georgia submitted 


khammond on DSKJM1Z7X2PROD with PROPOSALS