[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47993-47996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22250]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0078; FRL-9969-43-Region 4]


Air Plan Approval; Georgia: New Source Review Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve changes to the Georgia State Implementation Plan 
(SIP) to revise new source review (NSR) permitting regulations. EPA is 
approving a SIP revision submitted by the State of Georgia, through the 
Georgia Department of Natural Resources' Environmental Protection 
Division (GA EPD), on December 15, 2011, July 25, 2014, and November 
12, 2014. This action is being taken pursuant to the Clean Air Act (CAA 
or Act).

DATES: This rule is effective November 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0078. All documents in the docket 
are listed on the www.regulations.gov Web site. 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, Pesticides and Toxics Management 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: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at <a href="/cdn-cgi/l/email-protection#64050f0116174a06160500240114054a030b12"><span class="__cf_email__" data-cfemail="2948424c5b5a074b5b484d694c5948074e465f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What action is the Agency taking?

    On November 12, 2014, GA EPD submitted a SIP revision to EPA for 
approval that involves changes to Georgia's regulations to make them 
consistent with federal requirements for NSR permitting, among other 
changes. As described below, EPA is approving certain portions of this 
Georgia submission that makes changes to Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration of Air Quality (PSD),'' which 
applies to the construction and modification of any major stationary 
source in areas designated as attainment or unclassifiable as required 
by part C of title I of the CAA. Georgia's PSD regulations at Rule 391-
3-1-.02(7) were last updated in the SIP on April 9, 2013. See 78 FR 
21065. EPA is also approving Rule 391-3-1.03(8)--``Permit 
Requirements'' at paragraph (g), which revises NNSR rules, and at 
paragraph (d) as explained in the August 15, 2017 (82 FR 38646) direct 
final rule.
    Georgia's November 12, 2014 SIP revision makes changes to the PSD 
regulations to reflect changes to the federal PSD regulations at 40 CFR 
52.21, including provisions promulgated in the following federal rule: 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (PM<INF>2.5</INF>): \1\ Amendment to 
the Definition of `Regulated NSR Pollutant' Concerning Condensable 
Particulate Matter,'' Final Rule, 77 FR 65107 (October 25, 2012) 
(hereinafter referred to as the PM<INF>2.5</INF> Condensables 
Correction Rule). Georgia's November 12, 2014 SIP revision also makes 
changes to Georgia's PSD program to incorporate plantwide applicability 
limits (PALs) for greenhouse gases (GHGs) as allowed in the federal 
rule entitled ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability 
Limits.'' See 77 FR 41051 (July 12, 2012) (hereinafter referred to as 
the GHG Step 3 Rule).\2\
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    \1\ Airborne particulate matter (PM) with a nominal aerodynamic 
diameter of 2.5 micrometers or less (a micrometer is one-millionth 
of a meter, and 2.5 micrometers is less than one-seventh the average 
width of a human hair) are considered to be ``fine particles'' and 
are also known as PM<INF>2.5</INF>. Fine particles in the atmosphere 
are made up of a complex mixture of components including sulfate; 
nitrate; ammonium; elemental carbon; a great variety of organic 
compounds; and inorganic material (including metals, dust, sea salt, 
and other trace elements) generally referred to as ``crustal'' 
material, although it may contain material from other sources. The 
health effects associated with exposure to PM<INF>2.5</INF> include 
potential aggravation of respiratory and cardiovascular disease 
(i.e., lung disease, decreased lung function, asthma attacks and 
certain cardiovascular issues). On July 18, 1997, EPA revised the 
NAAQS for PM to add new standards for fine particles, using 
PM<INF>2.5</INF> as the indicator. Previously, EPA used 
PM<INF>10</INF> (inhalable particles smaller than or equal to 10 
micrometers in diameter) as the indicator for the PM NAAQS. EPA 
established health-based (primary) annual and 24-hour standards for 
PM<INF>2.5</INF>, setting an annual standard at a level of 15.0 
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at 
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997 
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The 
secondary standards are designed to protect against major 
environmental effects of PM<INF>2.5,</INF> such as visibility 
impairment, soiling, and materials damage. On October 17, 2006, EPA 
revised the primary and secondary 24-hour NAAQS for PM<INF>2.5</INF> 
to 35 [micro]g/m\3\ and retained the existing annual 
PM<INF>2.5</INF> NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On 
January 15, 2013, EPA published a final rule revising the annual 
PM<INF>2.5</INF> NAAQS to 12 [micro]g/m\3\(78 FR 3086).
    \2\ The PM<INF>2.5</INF> Condensables Correction Rule and the 
GHG Step 3 Rule are discussed in more detail in the August 15, 2017 
direct final rule, which is being withdrawn in the rules section of 
this Federal Register. See 82 FR 38605.

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[[Page 47994]]

    At this time, EPA is not acting on the changes to Rule 391-3-
1-.01--``Definitions,'' at paragraphs (llll) and (nnnn), and Rule 391-
3-1-.02(4)--``Ambient Air Standards,'' as included in the November 12, 
2014 submittal, because EPA approved them on July 31, 2015. See 80 FR 
45609.
    EPA is also not acting on a change included in the November 12, 
2014 submittal at Rule 391-3-1-.02(7)(a)(2)(iv). This provision would 
have incorporated by reference the federal definition of the term 
``subject to regulation,'' but provided that incorporation of the 
federal regulation would be automatically rescinded if certain 
triggering events occurred. EPA previously disapproved the portion of a 
January 13, 2011 SIP revision that sought to include Rule 391-3-
1-.02(7)(a)(2)(iv) in the SIP. See 81 FR 11438 (March 4, 2016). Because 
this provision is not part of Georgia's SIP, EPA is not acting on the 
State's proposed change to that provision.
    Finally, EPA is not acting on the changes included in the November 
12, 2014 submittal regarding a new definition of the term ``regulated 
NSR pollutant'' at Rule 391-3-1-.02(7)(a)(2)(ix) because Georgia 
withdrew these changes from EPA's consideration in a December 1, 2016 
letter.\3\
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    \3\ In the December 1, 2016 letter, Georgia also withdrew 
changes regarding the term ``regulated NSR pollutant'' at Rule 391-
3-1-.02(7)(a)(2)(ix). The December 1, 2016 letter is included in the 
docket for this action.
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II. Background

    On August 15, 2017 (82 FR 38646), EPA proposed to approve several 
changes to Georgia's SIP, including changes to Rule 391-3-1-.02(7) in 
the State's November 12, 2014, SIP revision adopting the 
PM<INF>2.5</INF> Condensables Correction Rule and GHG PALs from the GHG 
Step 3 Rule. The proposed rule accompanied a direct final rule 
published on the same day in the Federal Register. See 82 FR 38605. EPA 
received an adverse comment on the portion of the rulemaking regarding 
the changes to Rule 391-3-1-.02(7) concerning GHG permitting. 
Accordingly, EPA is withdrawing the direct final action through a 
separate action published elsewhere in this issue of the Federal 
Register. EPA did not receive comments on Rule 391-3-1-.03(8)--``Permit 
Requirements'' see the August 15, 2017, direct final action for more 
information concerning the approval of this rule.

III. Response to Comment

    As stated previously, EPA received one adverse comment on the 
direct final rule. This comment is located in the docket for this 
action, and a summary of the comment and EPA's response is provided 
below.
    Comment: The Commenter ``agree[d] with the action being taken,'' 
but asserted that EPA should ``require PSD permits for GHG only sources 
. . . and disapprove the Georgia SIP revision and put in place a FIP 
[Federal Implementation Plan] which would control GHGs of major 
stationary sources.'' \4\
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    \4\ On January 2, 2011, GHG emissions were, for the first time, 
covered by the PSD and title V operating permit programs. See 75 FR 
17004 (April 2, 2010). To establish a process for phasing in the 
permitting requirements for stationary sources of GHGs under the CAA 
PSD and title V programs, on June 3, 2010, the EPA published a final 
rule entitled ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG 
Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring 
Rule, which began on January 2, 2011, the EPA limited application of 
PSD and title V requirements to sources of GHG emissions only if 
they were subject to PSD or title V ``anyway'' due to their 
emissions of pollutants other than GHGs. These sources are referred 
to as ``anyway sources.'' In Step 2 of the GHG Tailoring Rule, which 
applied as of July 1, 2011, the PSD and title V permitting 
requirements applied to some sources that were classified as major 
sources based solely on their GHG emissions or potential to emit 
GHGs. Step 2 also applied PSD permitting requirements to 
modifications of otherwise major sources that would increase only 
GHG emissions above the level in the EPA regulations. EPA generally 
described the sources covered by PSD during Step 2 of the GHG 
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
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    Response: Georgia has a SIP-approved PSD program that includes the 
regulation of GHG-only sources under Step 2 of the GHG Tailoring Rule. 
See 76 FR 55572 (September 8, 2011). Georgia did not request removal of 
the Step 2 regulations from its SIP in the November 12, 2014 SIP 
revision; therefore, Step 2 permitting is outside the scope of this 
action. As it relates to GHG permitting, this action only incorporates 
the GHG PAL provisions from EPA's GHG Step 3 Rule into Georgia's SIP.
    Although Step 2 permitting is beyond the scope of this action, EPA 
notes that the United States Supreme Court invalidated EPA's regulation 
of Step 2 sources in Utility Air Regulatory Group (UARG) v. EPA, 134 S. 
Ct. 2427 (2014). In accordance with this decision, the United States 
Court of Appeals for the District of Columbia Circuit vacated the 
federal regulations that implemented Step 2 of the GHG Tailoring Rule. 
See Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 
6, 7 (D.C. Cir. 2015). Subsequently, EPA removed the vacated elements 
from its rules. See 80 FR 50199 (August 19, 2015). EPA therefore no 
longer has the authority to conduct PSD permitting for Step 2 sources, 
approve provisions submitted by a state for inclusion in its SIP 
providing this authority, or put a FIP in place to permit Step 2 
sources.

IV. Incorporation by Reference

    In this rule, 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)--``Prevention of Significant Deterioration'' at 
subparagraph (a)(1), effective October 14, 2014,\5\ which revises PSD 
rules, and Rule 391-3-1-.03(8) ``Permit Requirements'' at paragraph 
(g), effective September 13, 2011, which revises NNSR rules, and at 
paragraph (d), effective August 1, 2013, which revises generally 
applicable permitting requirements. EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and/or 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 State implementation plan, 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 by the Director of the Federal Register in the next update to 
the SIP compilation.\6\
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    \5\ See Section I, above, for additional detail.
    \6\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP 
regarding the PM<INF>2.5</INF> Condensables Correction Rule and GHG 
PALs from the GHG Step 3 Rule, submitted on November 12, 2014, because 
they are consistent with the CAA and its implementing regulations.

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 that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose

[[Page 47995]]

additional requirements beyond those imposed by state law. For that 
reason, this 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 mandates 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 Clean Air Act; 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.
    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 December 15, 2017. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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. Section 52.570(c) is amended by revising the entries ``391-3-
1-.02(7)'' and ``391-3-1-.03'' 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 date  EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(7)...................  Prevention of           10/14/2014  10/16/2017,        EPA is not
                                    Significant                         [Insert citation   incorporating the
                                    Deterioration of                    of publication].   revision to Georgia
                                    Air Quality (PSD).                                     Rule 391-3-1-
                                                                                           .02(7)(a)(2)(iv)
                                                                                           included in Georgia's
                                                                                           November 12, 2014 SIP
                                                                                           submittal because
                                                                                           that provision is not
                                                                                           in the SIP. See March
                                                                                           4, 2016 publication.
                                                                                          The version of Georgia
                                                                                           Rule 391-3-1-.02(7)
                                                                                           in the SIP does not
                                                                                           incorporate by
                                                                                           reference: (1) The
                                                                                           provisions amended in
                                                                                           the Ethanol Rule to
                                                                                           exclude facilities
                                                                                           that produce ethanol
                                                                                           through a natural
                                                                                           fermentation process
                                                                                           from the definition
                                                                                           of ``chemical process
                                                                                           plants'' in the major
                                                                                           NSR source permitting
                                                                                           program found at 40
                                                                                           CFR 52.21(b)(1)(i)(a)
                                                                                           and (b)(1)(iii)(t),
                                                                                           or (2) the provisions
                                                                                           at 40 CFR
                                                                                           52.21(b)(2)(v) and
                                                                                           (b)(3)(iii)(c) that
                                                                                           were stayed
                                                                                           indefinitely by the
                                                                                           Fugitive Emissions
                                                                                           Interim Rule, see
                                                                                           March 30, 2011
                                                                                           publication.
 

[[Page 47996]]

 
                                                  * * * * * * *
391-3-1-.03......................  Permits...........        8/1/2013  10/16/2017,        Changes specifically
                                                                        [Insert citation   to (8)--Permit
                                                                        of publication].   Requirements at (d)
                                                                                           (state effective
                                                                                           August 1, 2013) and
                                                                                           (g) (state effective
                                                                                           September 13, 2011).
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-22250 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P


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