[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Proposed Rules]
[Pages 14817-14819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05396]


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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.

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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 <a href="/cdn-cgi/l/email-protection#3b54494f5241595449495e4954155154484e5e7b5e4b5a155c544d"><span class="__cf_email__" data-cfemail="92fde0e6fbe8f0fde0e0f7e0fdbcf8fde1e7f7d2f7e2f3bcf5fde4">[email protected]</span></a>.

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

[[Page 14818]]

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\
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    \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).
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    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.<SUP>2 3</SUP> 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\
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    \2\ For 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.
    \3\ The Prong 1 and Prong 2 interstate transport provisions for 
Georgia, were approved on 12/2/2021. See 86 FR 68413.
    \4\ Under 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.
    \5\ EPA 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).
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    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.
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    \6\ EPA 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).
    \7\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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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 SIP-approved 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.
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    \8\ The 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.
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    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

[[Page 14819]]

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).
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    \9\ This 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).
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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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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]
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