[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57707-57712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0177; FRL-10014-29-Region 4]


Air Plan Approval; FL; GA; KY; MS; NC; SC: Definition of Chemical 
Process Plants Under State Prevention of Significant Deterioration 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plans (SIP) for Florida, Georgia, 
the Jefferson County portion of Kentucky, Mississippi, North Carolina, 
and South Carolina. The SIP revisions incorporate changes to the 
definition of chemical process plants under the States' Prevention of 
Significant Deterioration (PSD) regulations. Consistent with an EPA 
regulation completed in 2007, EPA is approving the rules for Florida, 
Georgia, the Jefferson County portion of Kentucky, Mississippi, North 
Carolina, and South Carolina that modify the definition of chemical 
process plant to exclude ethanol manufacturing facilities that produce 
ethanol by natural fermentation processes. Approving these modified 
definitions clarifies that the PSD major source applicability threshold 
in the SIPs for these ethanol plants is 250 tons per year (tpy) (rather 
than 100 tpy) and removes the requirement to include fugitive emissions 
when determining if the source is major for PSD. EPA concludes that the 
changes to the state and local rules are approvable because the Agency 
believes that they are consistent with EPA regulations governing state 
PSD programs and will not interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171 of the Clean Air Act (CAA or Act)), or any other applicable 
requirement of the CAA.

DATES: This rule is effective October 16, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0177. 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 can either 
be retrieved 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: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be 
reached via electronic mail at akers.brad@epa.gov or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. What is being addressed in this notice?

    EPA is approving the following revisions to SIPs received by EPA 
from Florida, Georgia, Kentucky, Mississippi, North Carolina, and South 
Carolina: (1) A portion of a SIP revision provided to EPA through the 
Florida Department of Environmental Protection (FL DEP) via a letter 
dated December 12, 2011; 1 2 (2) a SIP revision provided to 
EPA through the Georgia Environmental Protection Division (GA EPD) via 
a letter dated September 15, 2008; \3\ (3) a SIP revision to the 
Jefferson County portion of the Kentucky SIP that was provided to EPA 
through the Kentucky Division for Air Quality (KDAQ) via a letter dated 
July 1, 2009; \4\ (4) a SIP revision provided to

[[Page 57708]]

EPA through the Mississippi Department of Environmental Quality (MDEQ) 
via a letter dated November 28, 2007; (5) a SIP revision provided to 
EPA through the North Carolina Department of Environmental Quality (NC 
DEQ) 5 6 7 via a letter dated June 20, 2008; \8\ and (6) a 
portion of a SIP revision provided to EPA through the South Carolina 
Department of Health and Environmental Control (SC DHEC) via a letter 
dated April 14, 2009,\9\ as updated in a portion of SIP revision 
provided to EPA via letter dated April 10, 2014.
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    \1\ Florida's definition of ``major stationary source'' at 62-
210.200 is also cross-referenced in the portion of its SIP-approved 
nonattainment new source review (NA NSR) regulation, 62-212.500, 
Preconstruction Review in Nonattainment Areas, that sets the 
fugitive emissions exclusion for determining rule applicability. See 
Rule 62-212.500(2)(b). If the definition of ``chemical process 
plants'' within the term of ``major stationary source'' were updated 
to exclude these ethanol producing facilities for the purposes of NA 
NSR, then fugitive emissions would not need to be considered in 
determining whether the source is major. All sources in 
nonattainment areas are major at 100 tpy, and certain 
classifications of nonattainment areas for ozone and 
PM2.5 establish lower thresholds for major source 
applicability. See 40 CFR 51.165(b)(iv)(A). However, Florida's 
December 12, 2011, submittal did not seek to revise, nor ask EPA to 
revise, the State's SIP-approved NA NSR program. Therefore, EPA is 
not approving the revision to the definition of ``chemical process 
plant'' within the term ``major stationary source'' to apply to the 
NA NSR program. Accordingly, the ethanol production facility 
exclusion within the definition of ``major stationary source'' at 
62-210.200 will not apply in the SIP for the purposes of determining 
applicability in Rule 62-212.500, and EPA is noting this in the list 
of SIP-approved Florida regulations at 40 CFR 52.520(c). There are 
currently no nonattainment areas in Florida.
    \2\ In EPA's July 20, 2020, notice of proposed rulemaking 
(NPRM), EPA stated that the entire State of Florida had been 
designated as attainment/unclassifiable for the 2015 8-hour ozone 
NAAQS. See 85 FR 43788. While the entire State has this designation, 
in 2018, Duvall County, Florida was designated unclassifiable for 
the 2015 8-hour ozone NAAQS and was subsequently redesignated to 
attainment/unclassifiable on November 21, 2019. See 84 FR 64206. EPA 
has also amended the accompanying technical support document for the 
State of Florida to correct this historical note. The amended 
version of the TSD is included in the docket of this action as 
``Florida TSD_Amended.''
    \3\ EPA received the submittal on September 29, 2008.
    \4\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' See The History of Air Pollution Control in Louisville, 
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. However, 
each of the regulations in the Jefferson County portion of the 
Kentucky SIP still has the subheading ``Air Pollution Control 
District of Jefferson County.'' Thus, to be consistent with the 
terminology used in the SIP, EPA refers throughout this notice to 
regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
    \5\ At the time of the 2008 submittal, NC DEQ was the North 
Carolina Department of Environment and Natural Resources. Throughout 
this rulemaking, EPA will refer to the State Agency as NC DEQ.
    \6\ In EPA's July 20, 2020, NPRM, EPA erroneously cited North 
Carolina's PSD regulation as ``15 North Carolina Administrative Code 
(NCAC) 02D .0530, Prevention of Significant Deterioration. See 85 FR 
43788 at 43790 (July 20, 2020). The citation should read ``15A North 
Carolina Administrative Code (NCAC) 02D .0530, Prevention of 
Significant Deterioration.''
    \7\ In EPA's July 20, 2020, NPRM, EPA erroneously stated that 
North Carolina incorporates portions of ``40 CFR 52.21'' by 
reference, which includes the 2007 Ethanol Rule provisions. See 85 
FR 43788 at 43790 and 43791. These citations should read as ``40 CFR 
51.166'' throughout Section III.E. of the NPRM, including the 
citations ``40 CFR 51.166(b)(1)(i)(a)'' and ``40 CFR 
51.166(b)(1)(iii)'' in lieu of ``40 CFR 52.21(b)(1)(i)(a)'' and ``40 
CFR 52.21(b)(1)(iii),'' respectively. EPA has also amended the 
accompanying technical support document for the State of North 
Carolina to correct these references. The amended version of the TSD 
is included in the docket of this action as ``North Carolina 
TSD_Amended.''
    \8\ EPA received the submission on June 25, 2008.
    \9\ In EPA's July 20, 2020, NPRM, EPA erroneously omitted the 
reference to South Carolina's revision to Rule 61-62.5, Standard No. 
7 at (i)(1)(vii)(t) in the State's SIP revision that includes the 
same ethanol exclusion in the definition of ``chemical process 
plant''. See 85 FR 43788 at 43791. Section III.E of the NPRM should 
have contained the following statement: `Finally, paragraph (i) for 
exemptions was revised at (i)(1)(vii) to read: ``The source or 
modification would be a major stationary source or major 
modification only if fugitive emissions, to the extent quantifiable, 
are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to 
any of the following categories (i)(1)(vii): . . . (t) Chemical 
process plants--The term chemical processing plant shall not include 
ethanol production facilities that produce ethanol by natural 
fermentation included in NAICS codes 325193 or 312140 . . .' '' EPA 
has amended the accompanying technical support document for the 
State of South Carolina to correct this omission. The amended 
version of the TSD is included in the docket of this action as 
``South Carolina TSD_Amended.''
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    These revisions conform the State rules to changes to EPA 
regulations reflected in EPA's final rule entitled ``Prevention of 
Significant Deterioration, Nonattainment New Source Review, and Title 
V: Treatment of Certain Ethanol Production Facilities Under the ``Major 
Emitting Facility'' Definition'' (hereinafter referred to as the ``2007 
Ethanol Rule'') as published in the Federal Register on May 1, 2007 (72 
FR 24060). The 2007 Ethanol Rule amended the PSD definition of ``major 
stationary source'' to exclude certain ethanol facilities from the 
``chemical process plant'' source category and clarified that the PSD 
major source applicability threshold for certain ethanol plants is 250 
tpy (rather than 100 tpy). The 2007 Ethanol Rule also removed the 
requirement to include fugitive emissions when determining if an 
ethanol facility is a major source for PSD.

II. Have the requirements for approval of a SIP revision been met?

    In its NPRM published on July 20, 2020 (85 FR 43788), EPA 
identified and evaluated the state and local regulations in the 
aforementioned SIP revisions that were revised in response to the 
Ethanol Rule. EPA also explained how these SIP revisions satisfy the 
completeness criteria of 40 CFR part 51, appendix V and meet the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations. EPA included technical analyses in separate 
technical support documents (TSDs) included in the docket for this 
rulemaking. See these TSDs and the NPRM for further detail on the SIP 
revisions and EPA's rationale for approving them. EPA did not receive 
any relevant public comments on the NPRM.\10\
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    \10\ EPA received one comment that did not pertain to the July 
20, 2020, NPRM. This comment is posted in the docket for this 
action.
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III. 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 the following 
regulations: Florida Rule 62-210.200, F.A.C., ``Definitions,'' state 
effective October 23, 2013; 11 12 Florida Rule 62-212.400, 
``Prevention of Significant Deterioration,'' state effective October 
23, 2013; \13\ Georgia Rule 391-3-1-.02(7), ``Prevention of Significant 
Deterioration of Air Quality (PSD),'' state effective July 20, 2017; 
\14\ Jefferson County Regulation 2.05, ``Prevention of Significant 
Deterioration of Air Quality,'' version 13, state effective January 17, 
2018 15 16 for the Jefferson County portion of the Kentucky 
SIP; Mississippi Rule 11 MAC Part 2, Rule 5.2, ``Adoption of Federal 
Rules by Reference,'' state effective May 28, 2016; 17 18 
North Carolina Rule 02D .0530, ``Prevention of Significant 
Deterioration,'' state effective September 1, 2017; \19\ and South 
Carolina Rule 61-

[[Page 57709]]

62.5, Standard No. 7, ``Prevention of Significant Deterioration,'' 
state effective August 25, 2017.\20\ 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 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 in the next update to the SIP compilation.\21\
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    \11\ Except for the purposes of determining applicability in 
Rule 62-212.500, ``Preconstruction Review for Nonattainment Areas.'' 
See footnote 1 for additional information.
    \12\ The effective date of the change to Florida Rule 62-210.200 
made in Florida's December 12, 2011, SIP revision is December 4, 
2011. However, for purposes of the state effective date included at 
40 CFR 52.520(c), that change to Florida's rule is captured and 
superseded by Florida's update in a December 19, 2013, SIP revision, 
state effective on October 23, 2013, which EPA previously approved 
on May 19, 2014. See 79 FR 28607. Accordingly, EPA is also revising 
the state effective version for entry 62-210.200 at 40 CFR 52.520(c) 
to read ``October 23, 2013,'' as this state effective version 
captures and supersedes the previously listed March 28, 2012, state 
effective version.
    \13\ The effective date of the change to Florida Rule 62-212.400 
made in Florida's December 12, 2011, SIP revision is December 4, 
2011. However, for purposes of the state effective date included at 
40 CFR 52.520(c), that change to Florida's rule is captured and 
superseded by Florida's update in a February 27, 2013, SIP revision, 
state effective on March 28, 2012, which EPA previously approved on 
September 19, 2012. See 77 FR 58027.
    \14\ The effective date of the change to Georgia Rule 391-3-
1-.02(7) made in Georgia's September 15, 2008, SIP revision is 
September 11, 2008. However, for purposes of the state effective 
date included at 40 CFR 52.570(c), that change to Georgia's rule is 
captured and superseded by Georgia's update in a November 29, 2017, 
SIP revision, state effective on July 20, 2017, which EPA previously 
approved on December 4, 2018. See 83 FR 62466.
    \15\ The effective date of the change to Jefferson County 
Regulation 2.05 made in Kentucky's July 1, 2009, SIP revision is 
June 20, 2009. However, for purposes of the state effective date 
included at 40 CFR 52.920(c), that change to Jefferson County's rule 
is captured and superseded by Kentucky's update in a March 15, 2018, 
SIP revision, state effective on January 17, 2018, which EPA 
previously approved on April 10, 2019. See 84 FR 14268.
    \16\ EPA is also correcting an inadvertent error for the entry 
at Jefferson County Regulation 2.05 at 40 CFR part 52.920(c), Table 
2 in the ``Title/subject'' column to read ``Prevention of 
Significant Deterioration.'' EPA erroneously revised the entry to 
read ``Permits'' in an April 10, 2019, final rule. See 84 FR 14268.
    \17\ The effective date of the change to Mississippi Rule APC-S-
5, ``Regulations for the Prevention of Significant Deterioration of 
Air Quality'' made in Mississippi's November 28, 2007, SIP revision 
is August 23, 2007. However, for purposes of the state effective 
date included at 40 CFR 52.1270(c), that change to Mississippi's 
rule is captured and superseded by Mississippi's update in a June 7, 
2016, SIP revision, state effective on May 28, 2016, which EPA 
previously approved on August 8, 2017. See 82 FR 37015. Furthermore, 
Mississippi has recodified previous Rule APC-S-5 as 11 MAC Part 2, 
Rule 5, with the relevant part from the November 28, 2007, SIP 
revision now included in Rule 5.2.
    \18\ EPA is also revising the entry for 11 MAC Part 2--Chapter 
5, Rule 5.1 at 40 CFR 52.1270(c) to remove related explanatory notes 
that are not applicable to this Rule. EPA is not revising Rule 5.1 
in a substantive manner.
    \19\ The effective date of the change to North Carolina Rule 02D 
.0530 made in North Carolina's June 20, 2008, SIP revision is May 1, 
2008. However, for purposes of the state effective date included at 
40 CFR 52.1770(c), that change to North Carolina's rule is captured 
and superseded by North Carolina's update in a October 17, 2017, SIP 
revision, state effective on September 1, 2017, which EPA previously 
approved on September 11, 2018. See 82 FR 45827.
    \20\ The effective date of the change to South Carolina Rule 61-
62.1, Standard No. 7 made in South Carolina's April 10, 2014, SIP 
revision is December 27, 2013. However, for purposes of the state 
effective date included at 40 CFR 52.2120(c), that change to South 
Carolina's rule is captured and superseded by South Carolina's 
update in a September 5, 2017, SIP revision, state effective on 
August 25, 2017, which EPA previously approved on February 13, 2019. 
See 84 FR 3705.
    \21\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving revisions to the Florida SIP, Georgia SIP, the 
Jefferson County portion of the Kentucky SIP, Mississippi SIP, North 
Carolina SIP, and South Carolina SIP. The revisions to the state and 
local rules that EPA is approving change the definition of ``major 
stationary source'' under the States' and local agency's PSD 
regulations. These changes make clear that the PSD applicability 
threshold for certain ethanol plants is 250 tpy and remove the 
requirement to include fugitive emissions when determining if an 
ethanol plant is a major source for PSD (see section III for the rules 
being revised). EPA has determined that these revisions are consistent 
with EPA's PSD regulations and that approval of these revisions is 
consistent with the requirements of CAA section 110(l) and will not 
adversely impact air quality. EPA's analysis is available in the NPRM 
and the TSDs that were prepared for each SIP revision and are in the 
docket for this action. Approval of the revisions to these SIPs will 
ensure consistency between the State and federally approved rules and 
ensure federal enforceability of the State's revised air program rules.

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. 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 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 SIPs subject to these actions, with the exception of the South 
Carolina SIP, are 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 rules 
regarding SIPs do not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they 
impose substantial direct costs on tribal governments or preempt tribal 
law. With respect to the South Carolina SIP, because this final action 
merely approves state law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by state law, this 
final action for the State of South Carolina does not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). Therefore, this action will not impose substantial 
direct costs on Tribal governments or preempt Tribal law. The Catawba 
Indian Nation (CIN) Reservation is located within the boundary of York 
County, South Carolina. Pursuant to the Catawba Indian Claims 
Settlement Act, S.C. Code Ann. 27-16-120 (Settlement Act), ``all state 
and local environmental laws and regulations apply to the [Catawba 
Indian Nation] and Reservation and are fully enforceable by all 
relevant state and local agencies and authorities.'' The CIN also 
retains authority to impose regulations applying higher environmental 
standards to the Reservation than those imposed by state law or local 
governing bodies, in accordance with the Settlement Act.
    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 November 16, 2020. 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

[[Page 57710]]

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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 27, 2020.
Mary Walker,
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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

0
2. In Sec.  52.520, amend the table in paragraph (c) by:
0
a. Under ``Chapter 62-210 Stationary Sources--General Requirements'', 
revising the entry for ``62-210.200'' and;
0
b. Under ``Chapter 62-212 Stationary Sources--Preconstruction Review'', 
revising the entries for ``62-212.400'' and ``62-212.500''.
    The revisions read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
   State citation                           State        EPA approval
     (section)         Title/subject   effective date        date                      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200.........  Definitions.....      10/23/2013  9/16/2020,       The ethanol production facility
                                                        [Insert          exclusion within the definition of
                                                        citation of      ``major stationary source'' at 62-
                                                        publication].    210.200 does not apply to 62-212.500.
                                                                        Except the following definitions:
                                                                         ``animal crematory''; ``biological
                                                                         waste''; ``biological waste
                                                                         incinerator''; ``biomedical waste'';
                                                                         ``capture efficiency''; ``cast polymer
                                                                         operation''; ``human crematory'';
                                                                         ``major source of air pollution,''
                                                                         ``major source,'' or ``title V
                                                                         source''; ``printed interior panels'';
                                                                         ``unit-specific applicable
                                                                         requirement''; and ``waste-to-energy
                                                                         facility''.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-212.400.........  Prevention of          3/28/2012  9/16/2020,       Except the provisions for the PM2.5
                      Significant                       [Insert          significant impact levels at (5)(b).
                      Deterioration.                    citation of
                                                        publication].
62-212.500.........  Preconstruction         2/2/2006  6/27/2008, 73    The ethanol production facility
                      Review for                        FR 36435.        exclusion within the definition of
                      Nonattainment                                      ``major stationary source'' at 62-
                      Areas.                                             210.200 does not apply to 62-212.500.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart L--Georgia

0
3. In Sec.  52.570 amend the table in paragraph (c) by revising the 
entry for ``391-3-1-.02(7)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                            State        EPA approval
   State citation      Title/subject   effective date        date                      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(7).....  Prevention of          7/20/2017  9/16/2020,       Except for the automatic rescission
                      Significant                       [Insert          clause at 391-3-1 -.02(7)(a)(2)(iv),
                      Deterioration                     citation of      which EPA disapproved on March 4, 2016.
                      of Air Quality                    publication].    Except for portions of Rule 391-3-1-
                      (PSD).                                             .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.

[[Page 57711]]

 
 
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* * * * *

Subpart S--Kentucky

0
4. In Sec.  52.920 amend Table 2 in paragraph (c), Table 2 by revising 
the entry for ``2.05'' under ``Reg 2--Permit Requirements'' to read as 
follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                EPA approval                               District
         Reg               Title/subject            date       Federal Register notice  effective date                     Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Reg 2--Permit Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
2.05................  Prevention of                 9/16/2020  [Insert citation of           1/17/2018  This approval does not include Jefferson
                       Significant                              publication].                            County's revisions to incorporate by reference
                       Deterioration of Air                                                              the Fugitive Emissions Rule (December 19,
                       Quality.                                                                          2008).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart Z--Mississippi

0
5. In Sec.  52.1270 amend the table in paragraph (c) by revising the 
heading for ``11 MAC Part 2--Chapter 5'' and the entries for ``Rule 
5.1'' and ``Rule 5.2'' to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Mississippi Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           11 MAC Part 2--Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule 5.1............................  Purpose of this               5/28/2016  8/8/2017, 82 FR 37015..
                                       Regulation.
Rule 5.2............................  Adoption of Federal           5/28/2016  9/16/2020, [Insert       The version of Rule 5.2 in the SIP does not
                                       Rules by Reference.                      citation of              incorporate by reference the provisions at Sec.
                                                                                publication].              52.21(b)(2)(v) and (b)(3)(iii)(c) that were
                                                                                                         stayed indefinitely by the Fugitive Emissions
                                                                                                         Interim Rule (published in the Federal Register
                                                                                                         March 30, 2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart II--North Carolina

0
6. In Sec.  52.1770 amend Table (1) in paragraph (c) by revising the 
entries for ``Section .0530'' and ``Section .0531'' under Subchapter 
2D, ``Air Pollution Control Requirements'' under Section .0500, 
``Emission Control Standards'' to read as follows:


Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

[[Page 57712]]



                                                         EPA-Approved North Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Subchapter 2D Air Pollution Control Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Section .0500 Emission Control Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section .0530.......................  Prevention of                  9/1/2017  9/16/2020, [Insert
                                       Significant                              citation of
                                       Deterioration.                           publication].
Section .0531.......................  Sources in                     9/1/2013  9/14/2016, 81 FR 63107.  The version of Section .0531 in the SIP does not
                                       Nonattainment Areas.                                              incorporate by reference the provisions amended
                                                                                                         in the Ethanol Rule (published in the Federal
                                                                                                         Register on May 1, 2007) that excludes
                                                                                                         facilities that produce ethanol through a
                                                                                                         natural fermentation process from the
                                                                                                         definition of ``chemical process plants'' at
                                                                                                         Sec.   52.21(b)(1)(i)(a) and (b)(1)(iii)(t).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart PP--South Carolina

0
7. In Sec.  52.2120 amend the table in paragraph (c) by revising the 
entry for ``Standard No. 7'' under ``Regulation No. 62.5'' to read as 
follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                                                         EPA-Approved South Carolina Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    State
           State citation                  Title/subject       effective date     EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Regulation No. 62.5.................  Air Pollution Control    ..............  .......................  ................................................
                                       Standards..
 
                                                                      * * * * * * *
Standard No. 7......................  Prevention of                 8/25/2017  9/16/2020, [Insert       Except Standard No. 7, paragraphs (b)(30)(v) and
                                       Significant                              citation of              (b)(34)(iii)(d), which the state withdrew from
                                       Deterioration.                           publication].            EPA's consideration for approval on December
                                                                                                         20, 2016.
                                                                                                        Except Standard No. 7, paragraph
                                                                                                         (b)(34)(iii)(c), approved conditionally on June
                                                                                                         2, 2008, and approved fully on June 23, 2011,
                                                                                                         with a state effective date of June 25, 2005.
 
                                                                      * * * * * * *
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* * * * *
[FR Doc. 2020-19341 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


