7786 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

1See CAA section 110(a)(1). 

Category 2—Rules that have a 

negative declaration stating that the 

facilities they covered are no longer 

located in Maricopa County: Rules 34.L 

and 340. 

Category 3—Rules that have been 

superseded by a newer SIP-approved 

rule and are no longer needed in the 

SIP: Rules 32.F and 34.A. 

Category 4—Rules that are not 

enforceable: Rule 34E.1. 

These rules address local issues but 

are not connected to the purposes for 

which SIPs are developed and 

approved—namely the implementation, 

maintenance, and enforcement of the 

NAAQS. Thus, they are not required to 

be included in the SIP.1 The TSD has 

more information on our evaluation. 

C. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the requested rescission of the 

rules because the request fulfills all 

relevant requirements. We will accept 

comments from the public on this 

proposal until March 14, 2022. If we 

take final action to approve the 

rescission of the submitted rules, our 

final action will remove these rules from 

the federally enforceable SIP. 

III. Incorporation by Reference 

In this action, the EPA is proposing to 

delete rules that were previously 

incorporated by reference from the 

applicable Arizona SIP. In accordance 

with requirements of 1 CFR 51.5, the 

EPA is proposing to delete certain 

Maricopa County rules, as described in 

Table 1 of this preamble. The EPA has 

made, and will continue to make, 

incorporation by reference documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

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 dioxide, Volatile 

organic compounds. 

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

Dated: February 2, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–02570 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0702 FRL–9537–01– 

R4] 

Air Plan Approval; Georgia; Air Quality 

Control, Miscellaneous Rule Revisions 

to Definitions and Permitting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

changes to the Georgia state 

implementation plan (SIP) submitted on 

behalf of the State of Georgia by the 

Georgia Environmental Protection 

Division (GA EPD) through a letter 

dated September 1, 2020. This revision 

includes changes to the State’s air 

quality regulations incorporated into the 

SIP by changing the definition of 

‘‘pollution control project’’ and making 

minor changes to the corresponding 

minor new source review (NSR) 

permitting regulations for consistency. 

EPA is proposing to approve this SIP 

revision 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 March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0702 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, 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7787 

1Areas that EPA has determined to be in 

attainment with a NAAQS are designated as 

‘‘attainment areas;’’ areas that EPA has determined 

to have insufficient information to determine 

whether the area meets a NAAQS are designated as 

‘‘unclassifiable areas;’’ and areas that EPA has 

determined to be in violation of a NAAQS are 

designated as ‘‘nonattainment areas.’’ 

2The September 1, 2020, submittal contains 

changes to other SIP-approved rules that are not 

addressed in this notice. EPA will be acting on 

those rules separately. 

3EPA approved the PCP definition into the SIP, 

with the exception of subsections (qqqq)1. and 

(qqqq)3.–8., on May 29, 2020. See 85 FR 32300. 

4SIP-approved Rule 391–3–1–.03(6)(i)3 states 

‘‘Cumulative modifications not covered in an 

existing permit to an existing permitted facility 

where the combined emission increases (excluding 

any contemporaneous emission decreases, i.e., 

‘‘netting’’ is not allowed) from all nonexempt 

modified activities are below the following 

thresholds for all pollutants: (i) 25 tons per year of 

carbon monoxide; (ii) 150 pounds per year total 

with a 1.5 pound per day maximum emission of 

lead; (iii) 10 tons per year of particulate matter, 

PM10 or sulfur dioxide; (iv) 10 tons per year of 

nitrogen oxides or volatile organic compounds 

(VOCs) except in the counties of Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, or Rockdale, 

where less than 2.5 tons per year of nitrogen oxides 

or VOCs is exempted; and (v) 2 tons per year total 

with a 15 pound per day maximum emission of any 

single hazardous air pollutant and less than 5 tons 

per year of any combination of hazardous air 

pollutants.’’ 

5Several counties in the Atlanta, Georgia 

metropolitan area are designated as marginal 

nonattainment for the 2015 8-hour ozone NAAQS. 

See 40 CFR 81.311. 

6See 85 FR 32300 (May 29, 2020). 

7SIP-approved Subsection (qqqq)2., proposed to 

be renumbered as (qqqq)1., lists ‘‘[e]lectrostatic 

precipitators, baghouses, high-efficiency 

multiclones, or scrubbers for control of particulate 

matter or other air contaminants.’’ 

8The new subsection (qqqq)2. states 

‘‘[r]egenerative thermal oxidizers, catalytic 

oxidizers, condensers, thermal incinerators, 

hydrocarbon combustion flares, biofiltration, 

absorbers and adsorbers, and floating roofs for 

storage vessels for control of volatile organic 

compounds or hazardous air pollutants. For this 

section, ‘hydrocarbon combustion flare’ means 

either a flare used to comply with an applicable 

New Source Performance Standard or Maximum 

Available Control Technology standard (including 

uses of flares during startup, shutdown, or 

Continued 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams, 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– 

9144. Ms. Williams can also be reached 

via electronic mail at 

williams.pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 110(a)(2)(C) of the CAA 

requires that SIPs include a program for 

regulating the construction and 

modification of stationary sources as 

necessary to ensure that the national 

ambient air quality standards (NAAQS) 

are achieved. This program is known as 

NSR and is composed of three separate 

programs for issuing permits for the 

construction of new sources and the 

modification of existing sources: 

Prevention of Significant Deterioration 

(PSD), Nonattainment New Source 

Review (NNSR), and minor NSR. PSD 

applies to major stationary sources in 

areas designated as attainment or 

unclassifiable for a NAAQS; NNSR 

applies to major stationary sources in 

nonattainment areas; and the minor 

NSR program applies to new or 

modified stationary sources that do not 

require PSD or NNSR permits, as 

necessary to assure that NAAQS are 

achieved.1 Georgia has a SIP-approved 

minor NSR program at Georgia Rule 

391–3–1–.03, and this notice of 

proposed rulemaking (NPRM) pertains 

to certain Georgia SIP-approved rules 

regulating minor NSR program permit 

exemptions. 

EPA is proposing to approve a SIP 

revision submitted on behalf of the State 

of Georgia by GA EPD through a letter 

dated September 1, 2020.2 This revision 

changes the definition of ‘‘pollution 

control project’’ (PCP) at Georgia Rule 

391–3–1–.01(qqqq). Pursuant to Rule 

391–3–1–.03(6), ‘‘Exemptions,’’ at 

subsection (j),3 PCPs are exempt from 

the requirement to obtain a minor 

source construction permit under 

Georgia Rule 391–3–1–.03(1), 

‘‘Construction (SIP) Permits.’’ The 

submittal first changes the definition of 

PCP to require that any collateral 

emissions increase from a PCP must be 

lower than the emissions thresholds 

established to exempt cumulative 

modifications at Rule 391–3–1– 

.03(6)(i)3.(i)–(v) from minor source 

construction permitting.4 Secondly, the 

definition is changed to revise the list of 

projects that are presumed to be 

environmentally beneficial and qualify 

as PCPs. Lastly, the definition is revised 

to change rule cross-references for 

consistency with the revision to the list 

of projects. The September 1, 2020, SIP 

revision also makes changes to Rule 

391–3–1–.03, ‘‘Permits,’’ at section (6)(j), 

‘‘Construction Permit Exemption for 

Pollution Control Projects’’ to update 

the cross-references to Rule 391–3–1– 

.01(qqqq) to correspond to the updated 

list of projects. The changes to Rule 

391–3–1–.03(6) also include minor 

administrative edits that do not change 

the meaning of the existing SIPapproved provisions. 

Federal regulations governing the 

implementation of minor NSR programs 

are codified at 40 CFR 51.160 through 

51.164. With regard to revisions to SIPs, 

CAA section 110(l) provides that EPA 

shall not approve a revision to a plan if 

the revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in CAA Section 

171), or any other applicable 

requirement of the CAA. Section 193 of 

the CAA provides, in part, that ‘‘No 

control requirement in effect, or 

required to be adopted by an order, 

settlement agreement, or plan in effect 

before November 15, 1990, in any area 

which is a nonattainment area for any 

air pollutant may be modified after 

November 15, 1990, in any manner 

unless the modification insures 

equivalent or greater emission 

reductions of such air pollutant.’’ 5 EPA 

believes the proposed changes 

submitted by Georgia will not lead to 

any increases of NAAQS pollutants and 

will not otherwise interfere with any 

CAA applicable requirement. The 

changes to the PCP rules and EPA’s 

rationale for proposing approval are 

described in more detail in section II of 

this NPRM. 

II. Analysis of the State’s Submission 

EPA is proposing to approve changes 

to the definition of ‘‘pollution control 

project’’ at section (qqqq) of Rule 391– 

3–1–.01, ‘‘Definitions.’’ The changes add 

language to ensure that an 

environmentally beneficial activity, set 

of work practices, or projects at an 

existing emissions unit that reduces 

emissions may be considered a PCP 

only if any associated collateral 

emissions increase is less than the 

thresholds listed in Rule 391–3–1– 

.03(6)(i)3.(i)–(v). This change to the 

definition is SIP-strengthening as it acts 

to restrict the PCP construction 

permitting exemption in SIP-approved 

Rule 391–3–1–.03(6)(j) to projects with 

emissions below the thresholds in Rule 

391–3–1–.03(6)(i)3. 

The State revised the number of 

projects listed in section 391–3–1– 

.01(qqqq) that are presumed to be 

environmentally beneficial and qualify 

as PCPs by removing subsections 

(qqqq)1., 3., 5., 6., 7. and 8. However, 

subsections (qqqq)1. and 3. through 8. 

are not in the SIP.6 Therefore, the net 

proposed change to the Georgia SIP is 

that SIP-approved subsection (qqqq)2. is 

renumbered as (qqqq)1.7 and a new 

(qqqq)2 is added.8 Adding the projects 


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7788 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

malfunction permitted under such a standard), or 

a flare that serves to control emissions of waste 

streams comprised predominately of hydrocarbons 

and containing no more than 230 mg/dscm 

hydrogen sulfide.’’ 

listed in subsection (qqqq)2. would not 

increase the number of projects exempt 

from permitting under the SIP because 

they must have emissions below the 

thresholds in the revised PCP definition, 

and therefore, already qualify for the SIP 

permitting exemption found at 

subsection 391–3–1–.03(6)(i)3. Lastly, 

the definition is revised to change rule 

cross-references to the listed PCP 

subsections from 391–3–1-.01(qqqq)1. 

through 8. to 391–3–1–.01(qqqq)1. and 

2. for consistency with the revision to 

the list of projects. 

In addition, this revision modifies 

cross-references in Rule 391–3–1–.03(6), 

‘‘Exemptions,’’ to align with revisions 

made in section .01(qqqq) by changing 

the citation ‘‘subsection 391–3–1– 

.01(qqqq)1. through 8.’’ to ‘‘subsection 

391–3–1–.01(qqqq)1. and 2.’’ 

Furthermore, this revision replaces the 

phrase ‘‘million BTUs per hour’’ with its 

abbreviated form, ‘‘MMBtu/hr,’’ 

throughout Rule 391–3–1–.03(6) and 

makes a change at subparagraph 391–3– 

1–.03(6)(h)14.(vii) by adding the word 

‘‘and’’ to the end of a phrase for clarity. 

Because the aforementioned changes 

do not alter the universe of sources 

exempted from minor source 

construction permitting under the SIP 

with this revision, Georgia’s SIP is not 

being relaxed. Therefore, EPA believes 

that these changes are consistent with 

CAA sections 110(l) and 193, and 

requirements for minor source 

permitting in CAA section 110(a)(2)(C) 

and federal regulations. Thus, EPA is 

proposing to approve the SIP revision. 

II. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final 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’’ at section (qqqq), state 

effective on July 29, 2020, which revises 

the definition of ‘‘Pollution control 

project,’’ and Georgia Rule 391–3–1– 

.03(6), ‘‘Exemptions,’’ also state effective 

on July 29, 2020, which is revised to 

establish consistency with the proposed 

revisions to 391–3–1–.01(qqqq). 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). 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned changes to the Georgia 

SIP. Specifically, EPA is proposing to 

approve the revisions to section (qqqq) 

of Rule 391–3–1–.01, ‘‘Definitions’’ and 

throughout section 391–3–1–.03(6), 

‘‘Exemptions.’’ EPA is proposing to 

approve these changes because they are 

consistent with the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided 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: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, 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: February 3, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–02721 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0362; FRL–9502–01– 

R4] 

Air Plan Approval; Kentucky; 2015 8- 

Hour Ozone Nonattainment New 

Source Review Permit Program 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Kentucky State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky, 

through the Kentucky Energy and 

Environment Cabinet, on October 15, 

2020. EPA is proposing to approve 

Kentucky’s certification that existing 

Nonattainment New Source Review 

(NNSR) permitting regulations meet the 

nonattainment planning requirements 

for the 2015 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS) for Bullitt and Oldham 

Counties in the Louisville, KY-IN 2015 

8-hour ozone Marginal nonattainment 

area and portions of Boone, Kenton, and 

Campbell Counties in the Cincinnati, 

OH-KY Marginal nonattainment area. 


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