
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14611-14614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05459]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0248; FRL-9957-89-Region 4]


Air Plan Approval; Georgia; Atlanta; Requirements for the 2008 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the portion of a state implementation plan 
(SIP) revision submitted on February 6, 2015, by the State of Georgia, 
through the Georgia Environmental Protection Division (GA EPD), 
addressing the nonattainment new source review (NNSR) requirements for 
the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) 
for the Atlanta, Georgia 2008 8-hour ozone nonattainment area 
(hereinafter referred to as the ``Atlanta Area'' or ``Area''). The 
Atlanta Area is comprised of 15 counties in Atlanta (Bartow, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Henry, Newton, Paulding, and Rockdale). This action is being 
taken pursuant to the Clean Air Act (CAA or Act) and its implementing 
regulations.

DATES: This direct final rule is effective May 22, 2017 without further 
notice, unless EPA receives adverse comments by April 21, 2017. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0248 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler of 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. Mrs. Sheckler can be reached by telephone at (404) 562-9222 
or via electronic mail at sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. Ambient air quality monitoring data for the 
3-year period must meet a data completeness requirement. The ambient 
air quality monitoring data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Atlanta Area was designated 
nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012 
(effective July 20, 2012) using 2009-2011 ambient air quality data. See 
77 FR 30088 (May 21, 2012). At the time of designation, the Atlanta 
Area was classified as a marginal nonattainment area. On March 6, 2015, 
EPA issued a final rule entitled, ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements'' (SIP Requirements Rule), which establishes the 
requirements that state, tribal, and local air quality management 
agencies must meet as they develop implementation plans for areas where 
air quality exceeds the 2008 8-hour

[[Page 14612]]

ozone NAAQS.\1\ See 80 FR 12264. Areas that were designated as marginal 
ozone nonattainment areas were required to attain the 2008 8-hour ozone 
NAAQS no later than July 20, 2015, based on 2012-2014 monitoring data. 
See 40 CFR 51.1103. The Atlanta Area did not attain the 2008 8-hour 
ozone NAAQS by July 20, 2015, and therefore on April 11, 2016, the EPA 
Administrator signed a final rule reclassifying the Atlanta Area from a 
marginal nonattainment area to a moderate nonattainment area for the 
2008 8-hour ozone standard. See 81 FR 26697 (May 4, 2016). Moderate 
areas are required to attain the 2008 8-hour ozone NAAQS no later than 
July 20, 2018, six years after the effective date of the initial 
nonattainment designations.\2\ See 40 CFR 51.1103.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
    \2\ Subsequent to the reclassification of the Atlanta Area, EPA 
determined that the Area has attained the 2008 8-hour ozone NAAQS 
based on 2013-2015 monitoring data. See 81 FR 45419 (July 14, 2016). 
However, an attainment determination is not equivalent to a 
redesignation under CAA section 107(d)(3). The Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS and subject to the 
NNSR requirements for that NAAQS until such time as EPA determines 
that the Area meets the requirements for redesignation to 
attainment.
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    Based on the initial nonattainment designation for the 2008 8-hour 
ozone standard, Georgia was required to develop a SIP revision 
addressing certain CAA requirements for the Atlanta Area. On February 
6, 2015, Georgia submitted a SIP revision addressing the emissions 
inventory, emissions statements, and NNSR requirements related to the 
2008 8-hour ozone NAAQS for the Atlanta Area.\3\ On August 11, 2015, 
EPA approved Georgia's SIP revision as meeting the requirements of 
sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA by addressing the 
emissions inventory and emissions statements requirements for the 2008 
8-hour ozone NAAQS for the Atlanta Area. See 80 FR 48036. EPA is now 
taking action on the NNSR portion of Georgia's February 6, 2015, SIP 
revision. EPA's analysis of how this SIP revision addresses the NNSR 
requirements for the 2008 8-hour ozone NAAQS is provided below.
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    \3\ States have three years after the effective date of 
designation for the 2008 8-hour ozone NAAQS to submit SIP revisions 
addressing NNSR for their nonattainment areas. See 40 CFR 51.1114. 
Georgia's SIP revision also certified that its SIP-approved state 
regulation addressing nonattainment new source review for all new 
stationary sources and modified existing stationary sources in the 
Atlanta Area, 391-3-1-.03(8)--Permit Requirements, exceeds the 
requirements of section 182(a)(2)(C) for the 2008 8-hour ozone 
NAAQS. However, EPA does not believe that the two-year deadline 
contained in CAA section 182(a)(2)(C) applies to NNSR SIP revisions 
for implementing the 8-hour ozone NAAQS. See 80 FR 12264, 12267 
(March 6, 2015); 70 FR 71612, 71683 (November 29, 2005). The 
submission of NNSR SIPs due on November 15, 1992, satisfied the 
requirement for states to submit NNSR SIP revisions to meet the 
requirements of CAA sections 172(c)(5) and 173 within two years 
after the date of enactment of the 1990 CAA Amendments. Id.
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II. Analysis of Georgia's Nonattainment New Source Review Requirements

    The minimum SIP requirements for NNSR permitting programs for the 
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 
51.1114. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR 
71018 (November 29, 2005)) and the SIP Requirements Rule implementing 
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each 
ozone nonattainment area must contain NNSR provisions that: Set major 
source thresholds for NOX and VOC pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); classify physical changes as a 
major source if the change would constitute a major source by itself 
pursuant to 40 CFR 51.165(a)(1)(iv)(A)(3); consider any significant net 
emissions increase of NOX as a significant net emissions 
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); consider 
certain increases of VOC emissions in extreme ozone nonattainment areas 
as a significant net emissions increase and a major modification for 
ozone pursuant to 40 CFR 51.165(a)(1)(v)(F); set significant emissions 
rates for VOC and NOX as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); 
provide that the requirements applicable to VOC also apply to 
NOX pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(i)-(iii) 
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 
8-hour ozone NAAQS, the SIP for each ozone nonattainment area 
designated nonattainment for the 2008 8-hour ozone NAAQS and designated 
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also 
contain NNSR provisions that include the anti-backsliding requirements 
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    Georgia's longstanding SIP-approved NNSR program, established in 
Air Quality Control Rule 391-3-1-.03(8)--Permit Requirements, applies 
to the construction and modification of major stationary sources in 
nonattainment areas. In its February 6, 2015 SIP revision, Georgia 
certifies that the version of Air Quality Control Rule 391-3-1-.03(8) 
in the SIP exceeds the federal NNSR requirements for the Atlanta Area. 
EPA last approved revisions to the SIP-approved version of Georgia's 
NNSR rule in 2010 addressing, among other things, the NNSR requirements 
in the Phase 2 Rule that were relevant to the counties designated as 
nonattainment for the 1997 8-hour ozone NAAQS in and around the Atlanta 
metropolitan area (1997 Atlanta Area) and that were not already 
satisfied by the SIP-approved rule.\4\ See 75 FR 71020 (November 22, 
2010). Georgia's rule revision did not include Phase 2 Rule 
requirements for 8-hour ozone nonattainment areas classified as serious 
or above because the 1997 Atlanta Area was classified as a moderate 
nonattainment area.
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    \4\ The 1997 Atlanta Area was comprised of Barrow, Bartow, 
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, 
Spalding and Walton Counties.
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    The version of Rule 391-3-1-.03(8) that is contained in the current 
SIP has not changed since the 2010 rulemaking.\5\ This version of the 
rule covers the entire Atlanta Area and remains adequate to meet all 
applicable NNSR requirements for the 2008 8-hour ozone NAAQS. The Phase 
2 requirements for 8-hour ozone nonattainment areas classified as 
serious or above remain inapplicable because the Atlanta Area is 
classified as a moderate nonattainment area for the 2008 8-hour NAAQS 
and the anti-backsliding requirements added in the 2008 8-hour ozone 
implementation rule are inapplicable because the Atlanta Area was 
redesignated to attainment for the 1997 8-hour ozone NAAQS in 2013.
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    \5\ The entry for Rule 391-3-1-.03 in the table of SIP-approved 
Georgia regulations at 40 CFR 52.570(e) is incorrect. The 
``Explanation'' associated with the version of 391-3-1-.03 approved 
by EPA on April 9, 2013 (78 FR 21065) should read ``Changes 
specifically to (6)--Exemptions'' rather than ``Changes specifically 
to (8)--Permit Requirements.'' EPA will correct this inadvertent 
error in a future action.
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III. Final Action

    EPA is approving the portion of Georgia's February 6, 2015, SIP 
revision addressing the NNSR requirements for the 2008 8-hour ozone 
NAAQS for the Atlanta Area. EPA has concluded that the State's 
submission fulfills the 40

[[Page 14613]]

CFR 51.1114 revision requirement and meets the requirements of CAA 
section 110 and the minimum SIP requirements of 40 CFR 51.165.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the NNSR portion of the SIP 
revision should adverse comments be filed. This rule will be effective 
May 22, 2017 without further notice unless the Agency receives adverse 
comments by April 21, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on May 22, 2017 and no 
further action will be taken on the proposed rule.

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. Accordingly, this 
action 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 May 22, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 7, 2017.
V. Anne Heard,
Acting 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. In Sec.  52.570, the table in paragraph (e) is amended by adding the 
entry ``2008 8-hour ozone NAAQS Nonattainment New Source Review 
Requirements for the Atlanta Area'' at the end of the table to read as 
follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

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                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
2008 8-hour ozone NAAQS            Bartow, Cherokee,          2/6/2015  3/22/2017, [insert
 Nonattainment New Source Review    Clayton, Cobb,                       Federal Register
 Requirements for the Atlanta       Coweta, DeKalb,                      citation].
 Area.                              Douglas, Fayette,
                                    Forsyth, Fulton,
                                    Gwinnett, Henry,
                                    Newton, Paulding,
                                    and Rockdale
                                    Counties.
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[FR Doc. 2017-05459 Filed 3-21-17; 8:45 am]
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