Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19643 

1The 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. 2EPA 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. 3SIP-approved Rule 391–3–1–.03(6)(i)3 states 

‘‘Cumulative modifications not covered in an 

existing permit to an existing permitted facility 

Continued 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

Antelope Valley Station Units 1 and 2 

PTC20031 ........................... Air pollution control permit 

to construct for Federal 

Implementation Plan Replacement.

4/5/2022 5/5/2022 [insert Federal Register citation], 4/5/2022.

(e) * * * 

Rule No. Rule title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

North Dakota State Implementation Plan for Regional Haze 

North Dakota State Implementation Plan for Regional Haze.North Dakota State Implementation Plan for Regional Haze.7/8/20 5/5/2022 [insert Federal Register citation], 5/5/2022.Excluding provisions disapproved on April 6, 

2012, 77 FR 20894. 

§ 52.1825 [Removed and Reserved] 

■ 3. Remove and reserve § 52.1825. 

[FR Doc. 2022–06904 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

WilliamsMiles.Pearlene@epa.gov. 

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 


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19644 Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 

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.’’ 

4The 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. 

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. 

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). 

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 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Rules and Regulations 19645 

1The Clean Air Act (CAA or Act) establishes a 

process for air quality management through the 

Continued 

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 

■ 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, 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: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

391–3–1–.01 ........ Definitions .......... 7/29/2020 4/5/2022, [Insert citation of publication].Except the first paragraph, sections (a)–(nn), (pp)–(ccc), (eee)– 

(jjj), (nnn)–(bbbb), (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 Stateeffective 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, [Insert citation of publication].With the exception of Rule 391–3–1–.03(6)(b)16. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–07131 Filed 4–4–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0428; FRL–9374–02– 

R4] 

Finding of Failure To Attain the 2010 

Sulfur Dioxide Standard; Tennessee; 

Sullivan County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is finalizing 

the determination that the Sullivan 

County, Tennessee, sulfur dioxide (SO2) 

nonattainment area (hereinafter referred 

to as ‘‘the Sullivan County Area’’ or 

‘‘Area’’) failed to attain the 2010 1-hour 

SO2 primary National Ambient Air 

Quality Standard (NAAQS or standard) 

by the applicable attainment date of 

October 4, 2018, based upon a weight of 

evidence analysis of available qualityassured and certified SO2 ambient air 

monitoring data and SO2 emissions data 

from January 2015 through December 

2017. As a result of this determination, 

the State of Tennessee is required to 

submit by April 5, 2023, revisions to the 

Tennessee State Implementation Plan 

(SIP) that, among other things, provide 

for the attainment of the SO2 NAAQS in 

the Sullivan County Area as 

expeditiously as practicable but no later 

than April 5, 2027. 

DATES: This rule is effective May 5, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0428. 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: 

Evan Adams, 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. 

Mr. Adams can be reached by telephone 

at (404) 562–9009 or via electronic mail 

at adams.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 13, 2022 (87 FR 2095), 

EPA published a notice of proposed 

rulemaking (NPRM) proposing to find 

that the Sullivan County Area failed to 

attain the 2010 1-hour SO2 primary 

NAAQS 1 by the applicable attainment 


jspears on DSK121TN23PROD with RULES1