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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19643-19645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07131]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0702; FRL-9537-02-R4]

Air Plan Approval; Georgia; Air Quality Control, Miscellaneous 
Rule Revisions to Definitions and Permitting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 
approving this SIP revision because the State has demonstrated that 
these changes are consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective May 5, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0702. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, 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, GA 30303-8960. The telephone 
number is (404) 562-9144. Ms. Williams-Miles can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is approving a SIP revision submitted on behalf of the State of 
Georgia by GA EPD through a letter dated September 1, 2020.\1\ This 
revision changes the definition of ``pollution control project'' (PCP) 
at Georgia Rule 391-3-1-.01(qqqq) and the scope of the corresponding 
permitting provisions related to PCPs at Rule 391-3-1-.03(6), 
``Exemptions,'' at subsection (j). Pursuant to Rule 391-3-
1-.03(6)(j),\2\ 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.\3\ Secondly, the

[[Page 19644]]

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 SIP-approved provisions.
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    \1\ 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.
    \2\ EPA 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.
    \3\ SIP-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.''
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    On February 10, 2022, EPA published a Notice of Proposed Rulemaking 
(NPRM) proposing to approve the September 1, 2020, SIP revision 
regarding updates to Georgia's ambient air quality standard rules. See 
87 FR 7786. The February 10, 2022, NPRM provides additional detail 
regarding the background and rationale for EPA's action. Comments on 
the February 10, 2022, NPRM were due on or before March 14, 2022. EPA 
received no comments on the February 10, 2022, NPRM.
    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 finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of 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,'' \4\ also 
state effective on July 29, 2020, which is revised to establish 
consistency with the 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).
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    \4\ The table entry for Georgia Rule 391-3-1-.03(6), 
``Exemptions,'' at 40 CFR 52.570(c) is revised in this action to 
include an explanation clarifying that 391-3-1-.03(6)(b)16 is not 
part of the SIP. Georgia submitted a SIP revision on August 22, 
2007, to add (b)16 to the SIP. In a November 27, 2009, notice of 
final rulemaking, EPA stated that it was not acting on the portion 
of Georgia's August 22, 2007, SIP revision addressing (b)16 (see 74 
FR 62249), and the State withdrew this provision from EPA 
consideration through a letter dated August 5, 2015.
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III. Proposed Action

    EPA is approving the aforementioned changes to the Georgia SIP. 
Specifically, EPA is approving the revisions to section (qqqq) of Rule 
391-3-1-.01, ``Definitions'' and throughout section 391-3-1-.03(6), 
``Exemptions.'' EPA is approving 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 that they meet the criteria of the CAA. These actions merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 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.
    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 June 6, 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

[[Page 19645]]

time within which a petition for judicial review may be filed, and 
shall not postpone the effectiveness of such rule or action. This 
action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 30, 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. In Sec.  52.570, amend the table in paragraph (c) by revising the 
entries for ``391-3-1-.01'' and ``391-3-1-.03(6)'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
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                                                     State
     State citation           Title/subject        effective     EPA approval              Explanation
                                                      date           date
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391-3-1-.01............  Definitions............    7/29/2020  4/5/2022,         Except the first paragraph,
                                                                [Insert           sections (a)-(nn), (pp)-(ccc),
                                                                citation of       (eee)-(jjj), (nnn)-(bbbb),
                                                                publication].     (dddd)-(kkkk), (mmmm), (rrrr)-
                                                                                  (ssss), approved on 12/4/2018
                                                                                  with a State-effective date of
                                                                                  7/20/2017; sections (ddd) and
                                                                                  (cccc) approved on 2/2/1996
                                                                                  with a State-effective date of
                                                                                  11/20/1994; (nnnn), approved
                                                                                  on 1/5/2017 with a State-
                                                                                  effective date of 8/14/2016;
                                                                                  and sections (oooo) and (pppp)
                                                                                  which are not in the SIP.
 
                                                  * * * * * * *
391-3-1-.03(6).........  Exemptions.............    7/29/2020  4/5/2022,         With the exception of Rule 391-
                                                                [Insert           3-1-.03(6)(b)16.
                                                                citation of
                                                                publication].
 
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[FR Doc. 2022-07131 Filed 4-4-22; 8:45 am]
BILLING CODE 6560-50-P
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