Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Proposed Rules 14817 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T01–0904 to read as 

follows: 

§ 100.T01–0904 Special Local Regulation; 

2022 Horsepower on the Hudson, Hudson 

River, Castleton, NY. 

(a) Regulated areas. The regulations 

in this section apply to the following 

regulated areas: (1) High speed area. All 

navigable waters of the Hudson River 

from Hudson River Lighted Buoy 202 

(LLNR 38905) to Hudson River Light 

204 (LLNR 38910) east of the navigable 

channel shoreward. 

(2) Transit area. All navigable waters 

of the main navigation channel of the 

Hudson River from Hudson River 

Lighted Buoy 202 (LLNR 38905) to 

Hudson River Light 204 (LLNR 38910). 

(3) Spectator area. All navigable 

waters of the Hudson River from 

Hudson River Lighted Buoy 201 (LLNR 

38903) to Hudson River Lighted Buoy 

205 (LLNR 38915) west of the navigable 

channel shoreward. 

(b) Definitions. As used in this 

section— 

Designated Representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port New York 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participants in the race. 

Spectator means any vessel in the 

vicinity of the event with the primary 

purpose of witnessing the event. 

Spectator vessels can observe the 

marine event from the designated 

spectator area. 

(c) Regulations. (1) All nonparticipant persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated areas described in 

paragraph (a) of this section unless 

authorized by the COTP or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the designated 

representative via VHF–FM Marine 

Channel 16 or by contacting the Coast 

Guard Sector New York command 

center at (718) 354–4356 or on VHF 16 

to obtain permission. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the designated representative. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. through 

4 p.m. on August 6, 2022. 

(e) Information broadcasts. The COTP 

or the designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: March 10, 2022. 

Z. Merchant, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2022–05545 Filed 3–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0187; FRL–9606–01– 

R4] 

Air Plan Approval; GA; Updates to 

References to Appendix W Modeling 

Guidelines 

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 (GA 

EPD) on September 1, 2020. 

Specifically, EPA is proposing to 

approve updates to the incorporation by 

reference of federal prevention of 

significant deterioration (PSD) new 

source review (NSR) regulations in the 

Georgia SIP. Based on the proposal to 

approve this SIP revision, EPA is also 

proposing to convert the previous 

conditional approval regarding 

Georgia’s infrastructure SIP’s PSD 

elements for the 2015 Ozone National 

Ambient Air Quality Standard (NAAQS) 

to a full approval. EPA is proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before April 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0187 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 

https://www2.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 October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIP revisions meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 


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14818 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Proposed Rules 

1 In infrastructure SIP submissions, states 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of state regulations and statutes, some 

of which have been incorporated into the SIP. In 

addition, certain federally-approved, non-SIP 

regulations may also be appropriate for 

demonstrating compliance with sections 110(a)(1) 

and (2). 

2For the State of Georgia, EPA approved most 

elements, except for the Prong 1 and Prong 2 

interstate transport provisions, and the PSD 

provisions (elements C, Prong 3, and J), on March 

11, 2020. See 85 FR 14147. 

3The Prong 1 and Prong 2 interstate transport 

provisions for Georgia, were approved on 12/2/ 

2021. See 86 FR 68413. 

4Under CAA section 110(k)(4), EPA may 

conditionally approve a SIP revision based on a 

commitment from a state to adopt specific 

enforceable measures by a date certain, but not later 

than one year from the date of approval. If the state 

fails to meet the commitment within one year of the 

final conditional approval, the conditional approval 

will be treated as a disapproval and EPA will issue 

a finding of disapproval. 

5EPA conditionally approved the PSD provisions 

of element C, Prong 3, and element J on April 15, 

2020. See 85 FR 20836. The notice of proposed 

rulemaking associated with the conditional 

approval provides additional information regarding 

the CAA’s PSD iSIP provisions. See 85 FR 7695 

(February 11, 2020). 

6EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

September 13, 2013 Infrastructure SIP Guidance 

(available at https://www3.epa.gov/airquality/ 

urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf), as well as in numerous 

agency actions, including EPA’s prior action on 

Georgia infrastructure SIPs to address the 2010 

Nitrogen Dioxide NAAQS. See 81 FR 41905 (June 

28, 2016). 

7See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 

971 (9th Cir. 2018). 

8The 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. 

elements such as requirements for 

monitoring, basic program 

requirements, and legal authority that 

are designed to assure attainment and 

maintenance of the NAAQS. This 

particular type of SIP is commonly 

referred to as an ‘‘infrastructure SIP’’ or 

‘‘iSIP.’’ States were required to submit 

such SIP revisions for the 2015 8-hour 

ozone NAAQS to EPA no later than 

October 1, 2018.1

On September 24, 2018, Georgia met 

its requirement to submit an iSIP for the 

2015 8-hour ozone NAAQS by the 

October 1, 2018, deadline. EPA 

subsequently approved most of the 

infrastructure SIP elements for the 2015 

Ozone NAAQS for the State.2 3 However, 

regarding the PSD elements of section 

110(a)(2)(C), (D)(i)(II) (prong 3), and (J) 

(hereinafter referred to as element C, 

Prong 3, and element J, respectively), 

EPA conditionally approved 4 these 

portions of Georgia’s iSIP submission 

because of outdated references to the 

federal guideline on air quality 

modeling found in Appendix W of 40 

CFR part 51.5

For elements C and J to be approved 

for PSD, a state needs to demonstrate 

that its SIP meets the PSD-related 

infrastructure requirements of these 

sections. These requirements are met if 

the state’s implementation plan 

includes a PSD program that meets 

current federal requirements. Element 

D(i)(II) (prong 3) is also approvable 

when a state’s implementation plan 

contains a fully approved PSD program. 

EPA’s PSD regulations at 40 CFR 

51.166(l) require that modeling be 

conducted in accordance with 

Appendix W, Guideline on Air Quality 

Models. EPA promulgated the most 

current version of Appendix W on 

January 17, 2017. See 82 FR 5182. 

Therefore, in order to approve the iSIP 

PSD elements for the 2015 8-hour ozone 

NAAQS, PSD regulations in SIPs are 

required to reference the most current 

version of Appendix W. 

As discussed in the conditional 

approval for the 2015 ozone iSIP PSD 

elements, Georgia’s SIP contained 

outdated references to Appendix W, and 

the State committed to update the 

outdated references and submit a SIP 

revision within one year of EPA’s final 

rule conditionally approving these PSD 

elements. Accordingly, Georgia was 

required to make its submission by 

April 15, 2021. Georgia met this 

commitment by submitting a SIP 

revision to correct the deficiencies on or 

before the applicable deadline. Through 

this Notice of Proposed Rulemaking 

(NPRM), EPA is proposing to approve 

revisions to the SIP-approved PSD rule 

and is proposing to convert the 

conditional approval to full approval for 

Georgia, regarding element C, Prong 3, 

and element J, for the 2015 8-hour ozone 

NAAQS infrastructure SIP. 

II. What is EPA’s approach to the 

review of infrastructure SIP 

submissions? 

As discussed above, whenever EPA 

promulgates a new or revised NAAQS, 

CAA section 110(a)(1) requires states to 

submit infrastructure SIPs that meet the 

various requirements of CAA section 

110(a)(2), as applicable. Due to 

ambiguity in some of the language of 

CAA section 110(a)(2), EPA believes 

that it is appropriate to interpret these 

provisions in the specific context of 

acting on infrastructure SIP 

submissions. EPA has previously 

provided comprehensive guidance on 

the application of these provisions 

through a guidance document for 

infrastructure SIP submissions and 

through regional actions on 

infrastructure submissions.6 Unless 

otherwise noted below, EPA is 

following that existing approach in 

acting on these submissions. In 

addition, in the context of acting on 

such infrastructure submissions, EPA 

evaluates the submitting state’s 

implementation plan for facial 

compliance with statutory and 

regulatory requirements, not for the 

state’s implementation of its SIP.7 EPA 

has other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

III. EPA’s Analysis of the September 1, 

2020, Submittal 

On September 1, 2020, Georgia 

submitted a SIP revision to address its 

outdated reference to 40 CFR part 51, 

Appendix W, and to meet the PSD 

Infrastructure SIP requirements for the 

2015 8-hour ozone NAAQS.8 The SIP 

revision includes changes to the SIPapproved PSD rule to update the 

incorporation by reference date for 40 

CFR 52.21, including the reference to 

Appendix W in 40 CFR 52.21(l), and a 

request to convert the April 15, 2020, 

conditional approval of the PSD 

requirements of element C, Prong 3, and 

element J, of Georgia’s 2015 8-hour 

ozone NAAQS infrastructure SIP to a 

full approval. 

Specifically, the September 1, 2020, 

SIP revision makes changes to Georgia’s 

Rule 391–3–1–.02(7), Prevention of 

Significant Deterioration of Air Quality. 

Paragraph (7) previously incorporated 

federal PSD regulations at 40 CFR 52.21 

as promulgated through October 18, 

2016. However, the September 1, 2020, 

SIP revision updates this incorporation 

by reference date to January 17, 2017. 

Additionally, Georgia made minor 

corrections in paragraph (7) by deleting 

commas after the CFR in citations to 

Federal rules and adding the word 

‘‘Part’’ to a citation to 40 CFR part 

52.21(aa)(12)(i)(b) in (7)(b)(21)(xi) for 

consistency with other citations to 

52.21. 

As explained in the April 15, 2020, 

conditional approval notice, Georgia 

committed to update its PSD regulations 

to reference the most current version of 

Appendix W. EPA promulgated the 

most current version of Appendix W on 

January 17, 2017. See 82 FR 5182. 

Paragraph 391–3–1–.02(7)(b)9 

specifically incorporates the modeling 

provisions of 40 CFR 52.21(l), which in 

turn requires that modeling be 

conducted in accordance with the 

Guideline on Air Quality Models in 

Appendix W of 40 CFR part 51. By 

updating the incorporation by reference 

date of the 40 CFR 52.21 provisions 


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Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Proposed Rules 14819 

9This incorporation by reference excludes the 

automatic recission clause at 391–3–1– 

.02(7)(a)(2)(iv), and portions of Rule 391–3–1–.02(7) 

incorporating by reference 40 CFR 52.21(b)(2)(v), 

and 40 CFR 52.21(b)(3)(iii)(c). See 40 CFR 52.570(c). 

referenced in Paragraph 391–3–1–.02(7) 

in the State’s PSD regulations to January 

17, 2017, Georgia’s PSD regulations 

include the requirement to use the most 

recent version of Appendix W when 

carrying out air quality modeling for 

PSD purposes. Thus, EPA is proposing 

to find that Georgia satisfied the 

requirements of the PSD elements for 

the 2015 8-hour ozone infrastructure SIP 

and met the commitment associated 

with the conditional approval. For the 

reasons stated above, EPA is proposing 

to incorporate the changes into the 

Georgia SIP and convert the April 15, 

2020, conditional approval of element 

C, Prong 3, and element J, of Georgia’s 

2015 8-hour ozone NAAQS 

infrastructure SIP to a full approval. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Georgia Rule 391–3–1–.02(7), titled 

‘‘Prevention of Significant Deterioration 

of Air Quality,’’ state effective July 29, 

2020.9 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). 

V. Proposed Action 

EPA is proposing to approve the 

aforementioned changes to the Georgia 

Rule 391–3–1–02(7), Prevention of 

Significant Deterioration of Air Quality, 

and convert the conditional approval for 

element C, Prong 3, and element J, for 

the 2015 8-hour ozone Infrastructure 

SIPs to a full approval. 

VI. 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: March 9, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–05396 Filed 3–15–22; 8:45 am] 

BILLING CODE 6560–50–P 


jspears on DSK121TN23PROD with PROPOSALS1