[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Proposed Rules]
[Pages 47213-47216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19307]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0710; FRL-9999-44-Region 4]


Air Plan Approval; GA; Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision provided by the 
State of Georgia, through the Georgia Environmental Protection Division 
(GA EPD) of the Department of Natural Resources, via a letter dated 
July 2, 2018. Specifically, EPA is proposing to approve changes to 
Georgia's Nonattainment New Source Review (NNSR) permitting rules. This 
action is being proposed pursuant to the Clean Air Act (CAA or Act) and 
its implementing regulations.

DATES: Comments must be received on or before October 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. at EPA-
R04-OAR-2018-0710 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: Sean Lakeman, 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. The telephone number is 
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at 
lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The New Source Review (NSR) program is a preconstruction permitting 
program that requires certain stationary sources of air pollution to 
obtain permits prior to beginning construction. The NSR permitting 
program applies to new construction and to modifications of existing 
sources. New construction and modifications that emit ``regulated NSR 
pollutants'' over certain thresholds are subject to major NSR 
requirements, while smaller emitting sources and modifications may be 
subject to minor NSR requirements.
    Major NSR permits for sources that are located in attainment or 
unclassifiable areas are referred to as Prevention of Significant 
Deterioration (PSD) permits. Major NSR permits for sources located in 
nonattainment areas and that emit pollutants above the specified 
thresholds for which the area is in nonattainment are referred to as 
NNSR permits.
    A new stationary source is subject to major NSR requirements if its 
potential to emit (PTE) a regulated NSR pollutant exceeds certain 
emission thresholds. If it exceeds the applicable threshold, the NSR 
regulations define it as a ``major stationary source.'' An existing 
major stationary source triggers major NSR permitting requirements when 
it undergoes a ``major modification,'' which occurs when a source 
undertakes a physical change or change in method of operation (i.e., a 
``project'') that would result in (1) a significant emissions increase 
from the project, and (2) a significant net emissions increase from the 
source. See, e.g., 40 CFR 52.21(b)(2)(i) and 40 CFR 52.21(b)(52). 
Georgia Rule 391-3-1-.03(8)--Permit Requirements contains the State's 
NNSR permitting requirements and identifies the counties subject to 
those requirements.
    Effective January 6, 1992, EPA designated 13 counties surrounding 
Atlanta, Georgia, as nonattainment for the 1-hour ozone NAAQS and 
classified

[[Page 47214]]

them as a ``serious'' nonattainment area (hereinafter referred to as 
the Atlanta 1-hour Ozone Area).\1\ See 56 FR 56694 (November 6, 1991). 
Effective January 1, 2004, the Atlanta 1-hour Ozone Area was 
reclassified as a ``severe'' nonattainment area. See 68 FR 55469 
(September 26, 2003). This classification requires, among other things, 
that a ``major source'' and a ``major stationary source'' be defined to 
include certain sources that emit or have the potential to emit 25 tons 
or more of nitrogen oxides (NOX) or volatile organic 
compounds (VOC) and that emissions offsets apply at a ratio of at least 
1.3 or 1.2:1 (depending on the criteria in CAA section 182(d)(2)).\2\ 
EPA redesignated the Atlanta 1-hour Ozone Area to attainment for the 1-
hour ozone NAAQS, effective June 14, 2005. See 70 FR 34660 (June 15, 
2005). Effective June 15, 2005, EPA revoked the 1-hour ozone NAAQS. See 
69 FR 23951 (April 30, 2004) and 70 FR 44470 (August 3, 2005).
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    \1\ The Atlanta 1-hour Ozone Area consisted of the following 
counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. The 1-hour 
ozone NAAQS was set at 0.12 parts per million (ppm) with attainment 
defined when the expected number of days per calendar year, with 
maximum hourly average concentration greater than 0.12 ppm, is equal 
to or less than one.
    \2\ For ozone, the offset ratio is the ratio of the total 
emissions reductions of NOx or VOCs to the total increased emissions 
of those pollutants.
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    Effective June 15, 2004, 20 counties surrounding Atlanta were 
designated as nonattainment and classified as a ``marginal'' 
nonattainment area for the 1997 8-hour ozone NAAQS (hereinafter 
referred to as the Atlanta 1997 8-hour Ozone Area).\3\ See 69 FR 23858 
(April 30, 2004). Effective April 7, 2008, the Atlanta 1997 8-hour 
Ozone Area was reclassified as a ``moderate'' nonattainment area. See 
73 FR 12013 (March 6, 2008). This classification requires, among other 
things, that a ``major source'' and a ``major stationary source'' be 
defined to include certain sources that emit or have the potential to 
emit 100 tons or more of NOX or VOC and that emissions 
offsets apply at a ratio of at least 1.15:1. The Atlanta 1997 8-hour 
Ozone Area was redesignated to attainment, effective January 1, 2014. 
See 78 FR 72040 (December 2, 2013). Effective April 6, 2015, EPA 
revoked the 1997 8-Hour Ozone NAAQS. See 80 FR 12264 (March 6, 2015).
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    \3\ The Atlanta 1997 8-hour Ozone Area consisted of the 
following counties: Barrow, Bartow, Carroll, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. The 
1997 8-hour ozone NAAQS was set at 0.08 ppm based on an annual 
fourth-highest daily maximum 8-hour average concentration averaged 
over three years.
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    Effective July 20, 2012, 15 counties surrounding Atlanta were 
designated as nonattainment and classified as a ``marginal'' 
nonattainment area for the 2008 8-hour ozone NAAQS (hereinafter 
referred to as the Atlanta 2008 8-hour Ozone Area).\4\ See 77 FR 30088 
(May 21, 2012). This classification requires, among other things, that 
a ``major source'' and a ``major stationary source'' be defined to 
include certain sources that emit or have the potential to emit 100 
tons or more of NOX or VOC and that emissions offsets apply 
at a ratio of at least 1.1:1. The Atlanta 2008 8-hour Ozone Area was 
redesignated to attainment, effective June 2, 2017. See 82 FR 25523 
(June 2, 2017).
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    \4\ The Atlanta 2008 8-hour Ozone Area consisted of the 
following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, 
Paulding, and Rockdale. The 2008 8-hour ozone NAAQS is set at 0.075 
ppm based on an annual fourth-highest daily maximum 8-hour average 
concentration averaged over three years.
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    Approximately one year later, on June 4, 2018, EPA published a 
Federal Register notice announcing that seven counties surrounding 
Atlanta were designated as nonattainment and classified as a 
``marginal'' nonattainment area for the 2015 8-hour ozone NAAQS 
(hereinafter referred to as the Atlanta 2015 8-hour Ozone Area).\5\ See 
83 FR 25776 (effective August 3, 2018). As discussed above, the 
``marginal'' classification requires that a ``major source'' and a 
``major stationary source'' be defined to include certain sources that 
emit or have the potential to emit 100 tons or more of NOX 
or VOC and that emissions offsets apply at a ratio of at least 1.1:1.
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    \5\ The Atlanta 2015 8-hour Ozone Area consists of the following 
counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and 
Henry. The 2015 8-hour ozone NAAQS is set at 0.070 ppm based on an 
annual fourth-highest daily maximum 8-hour average concentration 
averaged over three years.
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    Due to the redesignations identified above and the nonattainment 
designation for the 2015 8-hour ozone NAAQS, the ozone nonattainment 
area surrounding Atlanta now consists of seven counties--Bartow, 
Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. Via a letter dated 
July 2, 2018, GA EPD provided a SIP revision to EPA to modify the NNSR 
requirements in Rule 391-3-1-.03(8)--Permit Requirements as discussed 
below.\6\ In this proposed action, EPA is proposing to approve the 
changes to Georgia's Rule 391-3-1-.03(8) because these changes are 
consistent with the CAA. EPA's analysis is provided below.
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    \6\ EPA received the submittal on July 6, 2018. Georgia's cover 
letter also requested revision to Rule 391-3-1-.03(10)--Title V 
Operating Permits. However, EPA is not acting on that revision 
because Rule 391-3-1-.03(10) is not part of the SIP.
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II. Analysis of State's Submittal

    EPA is proposing to approve changes to NNSR permitting requirements 
in Rule 391-3-1-.03(8) that remove the NNSR provision specific to the 
counties that were part of the Atlanta 1-hour Ozone Area and remove 
references to that provision, and apply permitting requirements to 
certain electric generating units (EGUs) located in counties in the 
maintenance area for the 1997 8-hour ozone NAAQS.\7\ Specifically, 
Georgia is removing Rule 391-3-1-.03(8)(c)(13)--Additional Provisions 
for Ozone Non-Attainment Areas for Counties that were Formerly Part of 
the 1-hour Ozone Non-Attainment Area; revising and renaming Rule 391-3-
1-.03(8)(c)(14)--Additional Provisions for Ozone Non-Attainment Areas 
for Counties that were Not Formerly Part of the 1-hour Ozone Non-
Attainment Area; revising Rule 391-3-1-.03(8)(c)(15)--Additional 
Provisions for Electrical Generating Units Located in Areas 
Contributing to the Ambient Air Level of Ozone in the Metropolitan 
Atlanta Ozone Non-Attainment Area and removing references to Rule 391-
3-1-.03(8)(c)(13) located at Rule 391-3-1-.03(8)(c)(12)(iv) and Rules 
391-3-1-.03(8)(g)(2)(i), (5)(i), and (6)(i). These changes have the 
effect of applying the NNSR permitting requirements of Rule 391-3-
1-.03(8)(c)(14) to the counties located in the Atlanta 2015 8-hour 
Ozone Area and to the counties located in the maintenance area for the 
2008 8-hour ozone NAAQS.
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    \7\ An area redesignated to attainment is referred to as a 
maintenance area.
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    Rule 391-3-1-.03(8)(c)(13) applies ``severe'' ozone nonattainment 
area NNSR requirements to the counties formerly included in the Atlanta 
1-hour Ozone Area. Among other things, Rule 391-3-1-.03(8)(c)(13) 
defines ``major source'' and ``major stationary source'' to include 
certain sources that emit or have the potential to emit at least 25 
tons per year of VOC or NOX; identifies the net emissions 
increase triggering the permitting requirement as a result of a 
physical or operational change at a major stationary source; and sets 
an emissions offset ratio of at least 1.3:1.
    As mentioned above, EPA redesignated the Atlanta 1-hour Ozone Area 
to attainment on June 14, 2005 (70 FR 34660) and revoked the 1-hour 
standard on August 4, 2005 (70 FR 44470). EPA has also redesignated the 
Atlanta 1997 8-hour Ozone Area and Atlanta 2008 8-hour Ozone Area to 
attainment and revoked the 1997 8-hour

[[Page 47215]]

ozone standard. EPA is proposing to approve the removal of Rule 391-3-
1-.03(8)(c)(13), thereby eliminating ``severe'' ozone nonattainment 
area NNSR requirements for the counties formerly included in the 
Atlanta 1-hour Ozone Area.
    Rule 391-3-1-.03(8)(c)(14), among other things, defines ``major 
source'' and ``major stationary source'' to include certain sources 
that emit or have the potential to emit at least 100 tons per year of 
VOC or NOX; identifies the net emissions increase triggering 
the permitting requirement as a result of a physical or operational 
change at a major stationary source; and sets an emissions offset ratio 
of at least 1.15:1 (i.e., the rule applies ``moderate'' ozone 
nonattainment area NNSR requirements to the counties listed therein). 
The revised rule adds the 13 counties from Rule 391-3-1-.03(8)(c)(13), 
(i.e., the counties that comprised the Atlanta 1-hour Ozone Area) and 
removes five counties (Barrow, Carroll, Hall, Spalding, and Walton) so 
that Rule 391-3-1-.03(8)(c)(14) applies to all of the counties in the 
2008 ozone NAAQS maintenance area and the Atlanta 2015 8-hour Ozone 
Area.\8\ The revision also changes the title of the rule to 
``Additional Provisions for Ozone Non-Attainment Areas.''
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    \8\ The revised rule applies to the following counties: Bartow, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.
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    The ``Additional Provisions for Electrical Generating Units Located 
in Areas Contributing to the Ambient Air Level of Ozone in the 
Metropolitan Atlanta Ozone Non-Attainment Area'' at Rule 391-3-
1-.03(8)(c)(15), among other things, define ``major source'' and 
``major stationary source'' to include certain sources that emit or 
have the potential to emit at least 100 tons per year of VOC or 
NOX; identify the net emissions increase threshold 
triggering the permitting requirement as a result of a physical or 
operational change at a major stationary source; require Best Available 
Control Technology for the units subject to the permitting requirement; 
and set an emissions offset ratio of at least 1.1:1. The revision adds 
the five counties (Barrow, Carroll, Hall, Spalding, and Walton) removed 
from Rule 391-3-1-.03(8)(c)(14).\9\ None of the counties listed in Rule 
391-3-1-.03(8)(c)(15) are part of the Atlanta 2015 8-hour Ozone Area or 
the maintenance area for the 2008 ozone NAAQS.
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    \9\ The revised rule applies to the following counties: Banks, 
Barrow, Butts, Carroll, Chattooga, Clarke, Dawson, Floyd, Gordon, 
Hall, Haralson, Heard, Jackson, Jasper, Jones, Lamar, Lumpkin, 
Madison, Meriwether, Monroe, Morgan, Oconee, Pickens, Pike, Polk, 
Putnam, Spalding, Troup, Upson, and Walton.
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    Lastly, the submission requests removal of references to Rule 391-
3-1-.03(8)(c)(13) at Rule 391-3-1-.03(8)(c)(12)(iv) and Rules 391-3-
1-.03(8)(g)(2)(i), (5)(i), and (6)(i).
    EPA is proposing to approve the changes described in Georgia's July 
2, 2018, SIP revision because it is no longer necessary for the State 
to retain either the NNSR provisions developed to address the former 
severe nonattainment area for the 1-hour ozone NAAQS or the NNSR 
program for the five counties removed from Rule 391-3-1-.03(8)(c)(14) 
that are part of the maintenance area for the 1997 ozone NAAQS and are 
designated as attainment for all ozone NAAQS. These changes are 
acceptable under the ozone implementation rules for the 1997 and 2008 
ozone NAAQS because the anti-backsliding provisions contained therein 
do not apply.\10\ The changes are also acceptable under CAA section 
110(l), which prevents EPA from approving a SIP revision that would 
interfere with any applicable requirements concerning attainment and 
reasonable further progress or any other applicable CAA requirement, 
for the following reasons.\11\ First, NSR only applies to new sources 
and to existing sources that undergo a physical change or change in the 
method of operation (i.e., it is a prospective permitting program). 
Therefore, the conditions in the NNSR permits issued in the counties 
within the former Atlanta ozone nonattainment areas, along with any 
associated emissions offsets, will remain in effect. Second, EPA's NSR 
permitting rules and Georgia's SIP-approved regulations implementing 
those requirements prohibit the State from issuing permits to new or 
modified stationary sources if such construction or modification would 
interfere with attainment or maintenance of any NAAQS. 40 CFR 51.160 
requires each state's SIP to contain enforceable procedures that 
prevent the permitting of new sources or modifications that would 
interfere with the attainment or maintenance of a NAAQS, and Georgia's 
SIP contains such a provision at Rule 391-3-1-.03(8)(a).\12\ These two 
rules are applicable to all NSR programs--minor NSR, PSD, and NNSR. 
Third, new major sources and major modifications covered under the NNSR 
program in Rule 391-3-1-.03(8)(c)(14) that are located in counties 
formerly within the Atlanta 1-hour Ozone Area must still obtain 
emissions offsets at an emissions reduction to emissions increase ratio 
greater than one, thereby ensuring that any future new sources and 
major modifications will result in a net decrease in ozone precursor 
emissions.
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    \10\ See 40 CFR 51.905 and 51.1105, respectively. As discussed 
above, EPA redesignated the Atlanta 1-hour Ozone Area to attainment 
and subsequently revoked the 1-hour standard; redesignated the 
Atlanta 1997 8-hour Ozone Area to attainment and subsequently 
revoked the 1997 8-hour standard; and redesignated the Atlanta 2008 
8-hour Ozone Area to attainment.
    \11\ EPA also evaluated the applicability of CAA section 193 to 
the proposed changes. Section 193 is a general savings clause 
stating that no control requirement in effect before November 15, 
1990, in any nonattainment area for any air pollutant may be 
modified after November 15, 1990 in any manner unless the 
modification insures equivalent or greater emission reductions of 
such air pollutant. Section 193 is not applicable to this proposed 
action because Georgia first adopted the rules at issue after 
November 15, 1990.
    \12\ The SIP-approved version of Rule 391-3-1-.03(8)(a) states 
that ``Each application for a permit to construct a new stationary 
source or modify an existing stationary source shall be subjected to 
a preconstruction or premodification review by the Director [of the 
Division of Environmental Protection or his designee]. The Director 
shall determine prior to issuing any permit that the proposed 
construction or modification will not cause or contribute to a 
failure to attain (as expeditiously as practicable) or maintain any 
ambient air quality standard, a significant deterioration of air 
quality, or a violation of any applicable emission limitation or 
standard of performance or other requirement under the [Georgia Air 
Quality] Act or this Chapter (391-3-1). Each person applying to the 
Director for a permit to construct a new stationary source or modify 
an existing stationary source shall provide information required by 
the Director to make such determination.''
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III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Georgia Rule 391-3-1-.03(8)--Permit Requirements, which 
revises the State's permit rules, state effective June 18, 2018. 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).

IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Georgia SIP, submitted in a letter dated July 2, 2018, because they are 
consistent with the CAA and federal regulations.

V. 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.

[[Page 47216]]

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 proposes to approve 
state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds, Nitrogen Oxides.

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

    Dated: August 27, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-19307 Filed 9-6-19; 8:45 am]
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