8076 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

1The 1-hour SO2 standard provide requisite 

protection of public health with an adequate margin 

of safety. 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 to 40 CFR part 50 and 40 CFR 50.17(a) and (b) 

EPA established See 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. 

3Federal Regulation 40 CFR 50.4(e) established 

when the 1971 SO2 NAAQS would be revoked in 

areas in the country, 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. 

(viii) EPA–100 OIG Data Analytics 

Enterprise. 

* * * * * 

(4) * * * 

(i) EPA systems of records 17, 30, 40, 

63, 79, and 100 are exempted from the 

following provisions of the PA, subject 

to the limitations set forth in 5 U.S.C. 

552a(k)(2): 5 U.S.C. 552a(c)(3); (d); 

(e)(1), (4)(G) and (4)(H); and (f)(2) 

through (5). * * * 

* * * * * 

(iii) EPA–17 Online Criminal 

Enforcement Activities Network 

(OCEAN), EPA–40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module, EPA–79 NEIC 

Master Tracking System, and EPA–100 

OIG Data Analytics Enterprise are 

exempted under 5 U.S.C. 552a(j)(2), and 

these systems are exempted under 5 

U.S.C. 552a(k)(2) only to the extent that 

the (j)(2) exemption is held to be 

invalid. 

(5) Reasons for exemption. EPA 

systems of records 17, 21, 30, 40, 63, 79, 

83, and 100 are exempted from the 

provisions of the PA in paragraph (a)(4) 

of this section for the following reasons: 

* * * * * 

(b) * * * 

(1) * * * 

(ii) EPA 40 Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module. 

(iii) EPA 100 OIG Data Analytics 

Enterprise. 

* * * * * 

(4) * * * 

(i) EPA 36 and 100 are exempted from 

5 U.S.C. 552a(c)(3) and (d). EPA 40 is 

exempted from the following provisions 

of the PA, subject to the limitations of 

5 U.S.C. 552a(k)(5): 5 U.S.C. 552a(c)(3); 

(d); (e)(1), (4)(H); and (f)(2) through (5). 

(ii) To the extent that records in EPA 

40 and 100 reveal a violation or 

potential violation of law, then an 

exemption under 5 U.S.C. 552a(k)(2) is 

also claimed for these records. EPA 40 

and 100 are also exempt under 5 U.S.C. 

552a(j)(2). 

* * * * * 

(5) Reasons for exemption. EPA 36, 

40, 83, and 100 are exempted from the 

provisions of the PA in paragraph (b)(4) 

of this section for the following reasons: 

* * * * * 

Kimberly Y. Patrick, 

Principal Deputy Assistant Administrator, 

Office of Mission Support. 

[FR Doc. 2024–02131 Filed 2–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0232; FRL–11600– 

02–R4] 

Air Plan Approval; GA; Miscellaneous 

Rule Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 apply in 

Georgia as of April 30, 2022. EPA is 

approving this SIP revision because the 

State has demonstrated that this change 

is consistent with the Clean Air Act 

(CAA or Act). 

DATES: This rule is effective March 7, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0232. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

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 

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: 

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. 

Mr. Ortiz can be reached via phone 

number (404) 562–8085 or via electronic 

mail at ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

When EPA revised the primary SO2

national ambient air quality standards 

(NAAQS) on June 2, 2010, to a new 1- 

hour short-term SO2 standard at a level 

of 75 parts per billion (ppb) (codified at 

40 CFR 50.17) 1 2 the agency concluded 

it was appropriate to revoke the 24-hour 

and annual primary standards, 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 35550. Even though the 2010 

1-hour standard was considered more 

protective than the previous SO2

NAAQS, EPA included anti-backsliding 

provisions to ensure that the health 

protection provided by the prior 24- 

hour and annual SO2 standards 

continues to be achieved as well as 

maintained as states transition to the 

new standard. 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 

implementation plan providing for 

attainment of the 2010 SO2 NAAQS.3

EPA completed designations for the 

2010 SO2 NAAQS in four rounds: June 

3, 2013 (‘‘Round 1’’), July 2, 2016 

(‘‘Round 2’’), December 31, 2017 

(‘‘Round 3’’), and December 31, 2020 

(‘‘Round 4’’). EPA designated all 


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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 8077 

4See 40 CFR 81.311. 

5EPA 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. 6 62 FR 27968 (May 22, 1997). 

counties in Georgia as attainment/ 

unclassifiable for the 1-hour primary 

SO2 NAAQS through three Rounds of 

SO2 designations from 2016 through 

2021, with an April 30, 2021, effective 

for the final Round 4 designations.4

Thus, on April 30, 2022, one year after 

the effective date of the Round 4 

designations, pursuant to 40 CFR 

50.4(e), the primary 24-hour and annual 

SO2 NAAQS no longer applied in 

Georgia. 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 were met as 

required pursuant to 40 CFR 50.4(e). For 

these reasons, EPA is finalizing 

approval of Georgia’s October 20, 2022, 

revision to Rule 391–3–1–.02(4), 

‘‘Ambient Air Standards’’, at paragraph 

(b), ‘‘Sulfur Dioxide’’ to remove the 

1971 24-hour and annual SO2 NAAQS 

from the SIP. 

II. EPA’s Action 

EPA is finalizing approval of Georgia 

EPD’s SIP revision submitted to EPA on 

October 20, 2022, seeking to revise the 

Air Quality Control SIP Rule 391–3–1– 

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

paragraph (b), ‘‘Sulfur Dioxide.’’ to 

remove the 1971, primary 24-hour SO2

NAAQS of 0.14 ppm and the annual 

SO2 standard of 0.03 ppm,5 which no 

longer apply in Georgia as of April 30, 

2022. Specifically, the submission 

includes changes to Rule 391–3–1– 

.02(4) which include the removal of the 

1971 annual and 24-hour standard and 

the renumbering of the remaining 

provisions of Rule 391–3–1–.02(4)(b). 

Through a notice of proposed 

rulemaking (NPRM), published on 

December 21, 2023 (88 FR 88308), EPA 

proposed to approve Georgia’s EPD’s 

October 20, 2022, SIP revision to Rule 

391–3–1 in accordance with 40 CFR 

50.4(e) to remove the 1971 annual and 

24-hour SO2 standards from the Georgia 

SIP. The details of the submission, as 

well as EPA’s rationale for changing this 

rule, are described in more detail in 

EPA’s December 21, 2023, NPRM. 

Comments on the December 21, 2023, 

NPRM were due on or before January 

22, 2024. EPA did not receive any 

comments on the December 21, 2023, 

NPRM. 

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, and as explained in Section I of 

this preamble, EPA is finalizing the 

incorporation of Georgia Rule 391–3–1– 

.02(4), ‘‘Ambient Air Standards,’’ 

paragraph (b), ‘‘Sulfur Dioxide,’’ State 

effective September 19, 2022, which 

removes subparagraphs (b)1 and (b)2 

and renumbers 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, 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.6

IV. Final Action 

EPA is finalizing the approval of the 

aforementioned changes to Georgia’s 

October 20, 2022, SIP submittal, which 

remove the 1971 annual and 24-hour 

primary SO2 NAAQS from the Georgia 

SIP at Rule 391–3–1–.02(4), due to a 

Federal revocation of these standards. 

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. 

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. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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; 

• 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 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 


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8078 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for people of color, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 8, 2024. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 31, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the 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 L—Georgia 

■ 2. In § 52.570, amend table 1 to 

paragraph (c) by revising the entry for 

‘‘391–3–1–.02(4)’’ to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

391–3–1–.02 .................. Provisions 

*******

391–3–1–.02(4) .............. Ambient Air Standards .. 9/19/2022 2/6/2024, [Insert citation 

of publication].

Except paragraphs (a), (c), (d), (e), (f), (g), and 

(h), approved on 12/4/2018 with a state effective date of 7/20/2017. 

* * * * * * * 

* * * * * 

[FR Doc. 2024–02321 Filed 2–5–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0355; FRL–11176– 

02–R9] 

Air Quality Plans; Approvals and 

Promulgations: California; Amador Air 

District; New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a permitting rule submitted as 

a revision to the Amador Air District 

(AAD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns the 

District’s New Source Review (NSR) 

permitting program for new and 

modified sources of air pollution under 

part D of Title I of the Clean Air Act 

(CAA or ‘‘Act’’). This action will update 

the District’s applicable SIP with a rule 

revised to address deficiencies 

identified in a previous limited 

disapproval action by the EPA related to 

the District’s NSR permitting program 

under Part D. This final approval action 

permanently terminates all sanctions, 

sanctions clocks, and federal 

implementation plan clocks triggered by 

our January 12, 2022 limited 

disapproval action. This action also 

finalizes regulatory text to clarify that 

Amador County is not subject to the 

Federal Implementation Plan related to 

protection of visibility. 

DATES: This rule will be effective March 

7, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2023–0355. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) 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 through https:// 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section. If you 

need assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Karima Zulfo, EPA Region IX, 75 


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