Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13179 

• 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 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA 

approval date 

Federal Register 

notice 

District 

effective 

date 

Explanation 

*******

1.06 ........ Stationary Source Self-Monitoring, 

Emissions Inventory Development, 

and Reporting.

3/9/2022 [Insert citation of 

publication].

5/20/2020 Except for Section 5 and any references to Section 5 in this regulation. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–04831 Filed 3–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

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 


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13180 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

1The 2015 Ozone NAAQS was promulgated on 

October 1, 2015, published on October 26, 2015, 

and effective December 28, 2015. 

2On 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). 

3On 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. 

4EPA 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. 

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 

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 

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 

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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5See 62 FR 27968 (May 22, 1997). 

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-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. 

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. 

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 (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 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

391–3–1–.02(6) ...... Source Monitoring 8/1/2013 7/28/2017, 82 FR 

35108.

Except paragraph (a)4., approved on 3/9/2022, with a State 

effective date of 10/25/2021. 

* * * * * * * 

* * * * * (e) * * * 

EPA APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State 

submittal date/ 

effective date 

EPA approval date Explanation 

*******

Atlanta Area Base Year Emissions 

Inventory for the 2015 Ozone 

NAAQS.

Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett, and Henry Counties.7/2/2020 3/9/2022, [Insert citation of publication].


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* * * * * 

[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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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. 

FOR FURTHER INFORMATION CONTACT: 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: 

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 

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. 


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