Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27519 

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). 

9Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that 

violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall 

not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last 

previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding 

violation imposed under section 842(c)(2)(C). 10Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more than the greater of 

$250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). 

The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1). 11The SUPPORT for Patients and Communities Act, Public Law 115–221 was enacted Oct. 24, 2018. 

Dated: May 3, 2022. 

Hampton Y. Dellinger, 

Assistant Attorney General, Office of Legal 

Policy. 

[FR Doc. 2022–09928 Filed 5–6–22; 8:45 am] 

BILLING CODE 4410–19–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0187; FRL–9606–02– 

R4] 

Air Plan Approval; GA; Updates to 

References to Appendix W Modeling 

Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

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 finalizing approval 

of 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 approval of 

this SIP revision, EPA is also converting 

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 

finalizing approval of these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0187. 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: 

Josue Ortiz Borrero, 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) 562–8085. Mr. Ortiz 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 

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 


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27520 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

6EPA notes that in the March 16, 2022, NPRM, 

several references to the Georgia rules incorporated 

by reference contained typographical errors. 

References to 391–1–.02(7)(b)(21)(xi) and 391–1– 

.02(7)(b)9, in the March 16, 2022, NPRM, should 

have read 391–1–.02(7)(b)21.(xi) and 391–1– 

.02(7)(b)9. instead. See 87 FR 14817, at page 14818. 

Similarly, in the ‘‘Proposed Action’’ section of the 

March 16, 2022, NPRM, the reference to Georgia 

rule 391–1–02(7), should have read 391–1– .02(7) 

instead. See 87 FR 14817 at page 14819. 

7This 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). 8See 62 FR 27968 (May 22, 1997). 

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 

September 1, 2020. 

Through a Notice of Proposed 

Rulemaking (NPRM), published on 

March 16, 2022, EPA proposed to 

approve the September 1, 2020, revision 

to the SIP-approved PSD rule and 

proposed to convert the conditional 

approval to a full approval for Georgia, 

regarding element C, Prong 3, and 

element J, for the 2015 8-hour ozone 

NAAQS infrastructure SIP.6 See 87 FR 

14817. Comments on the March 16, 

2022, NPRM were due on or before 

April 15, 2022. EPA did not receive any 

comments on the March 16, 2022, 

NPRM. 

II. 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(7), titled ‘‘Prevention of Significant 

Deterioration of Air Quality,’’ state 

effective July 29, 2020.7 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.8

III. Final Action 

EPA is finalizing approval of the 

aforementioned changes to the Georgia 

Rule 391–3–1–.02(7), Prevention of 

Significant Deterioration of Air Quality. 

EPA is also converting the conditional 

approval for element C, Prong 3, and 

element J, for the 2015 8-hour ozone 

Infrastructure SIPs to a full approval 

based on these revisions to the SIPapproved PSD regulations for Georgia. 

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 they meet the criteria of the 

CAA. This 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 July 8, 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) of the CAA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27521 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 29, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the 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 

§ 52.569 [Removed and Reserved] 

■ 2. Remove and reserve § 52.569; 

■ 3. In § 52.570, in paragraph (c), amend 

the table by revising the entry for ‘‘391– 

3–1–.02(7);’’ and in paragraph (e), 

amend the table by adding an entry at 

the end of the table for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2015 8-Hour Ozone NAAQS’’ 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–.02(7) ............ Prevention of Significant Deterioration of Air Quality 

(PSD).

7/29/2020 5/9/2022, [Insert citation of 

publication].

Except for the automatic rescission clause at 391–3–1 

–.02(7)(a)(2)(iv), which EPA disapproved on March 4, 

2016. Except for 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), because those CFR provisions 

were indefinitely stayed by the Fugitive Emissions Rule 

in the March 30, 2011 rulemaking and have not been 

approved into the Georgia SIP. 

*******

* * * * * (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 

*******

110(a)(1) and (2) Infrastructure Requirements 

for the 2015 8-Hour 

Ozone NAAQS.

Georgia ................... September 1, 2020 5/9/2022, [Insert citation 

of publication].

Addressing the PSD provisions related to 

major sources under sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 

3), and 110(a)(2)(J) only. 

[FR Doc. 2022–09706 Filed 5–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0062; FRL–9504–02– 

R4] 

Air Plan Approval; NC; Great Smoky 

Mountains National Park, RaleighDurham-Chapel Hill and Rocky Mount 

Areas Limited Maintenance Plans for 

the 1997 8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve state implementation plan (SIP) 

revisions submitted by the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources, Division of Air 

Quality (NCDAQ), in a letter dated 

September 22, 2020. The SIP revisions 

include the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plans (LMPs) for 

the Great Smoky Mountains National 

Park (GSMNP), Raleigh-Durham-Chapel 

Hill (Triangle) and Rocky Mount, North 

Carolina Areas (collectively, ‘‘Areas’’). 

EPA is finalizing approval of the LMPs 

for the Areas because each LMP 

provides for the maintenance of the 

1997 8-hour ozone NAAQS within each 

of the Areas through the end of the 

second 10-year portion of the 

maintenance period. This action makes 

certain commitments related to 

maintenance of the 1997 8-hour ozone 

NAAQS in the Areas federallyenforceable as part of the North Carolina 

SIP. 

DATES: This rule is effective June 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0062. 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 


khammond on DSKJM1Z7X2PROD with RULES