80_FR_42915 80 FR 42777 - Approval and Promulgation of Implementation Plans; Georgia Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

80 FR 42777 - Approval and Promulgation of Implementation Plans; Georgia Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42777-42786
FR Document2015-17740

The Environmental Protection Agency (EPA) is proposing to approve portions of the May 14, 2012, State Implementation Plan (SIP) submission, provided by the Georgia Department of Natural Resources, Environmental Protection Division (hereafter referred to as GA EPD) for inclusion into the Georgia SIP. This proposal pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. GA EPD certified that the Georgia SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in Georgia. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting and interstate transport requirements, EPA is proposing to approve Georgia's infrastructure SIP submission provided to EPA on May 14, 2012, as satisfying the required infrastructure elements for the 2008 8-hour ozone NAAQS.

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42777-42786]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17740]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0696; FRL-9930-85-Region 4]


Approval and Promulgation of Implementation Plans; Georgia 
Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of the May 14, 2012, State Implementation Plan (SIP) 
submission, provided by the Georgia Department of Natural Resources, 
Environmental Protection Division (hereafter referred to as GA EPD) for 
inclusion into the Georgia SIP. This proposal pertains to the Clean Air 
Act (CAA or the Act) infrastructure requirements for the 2008 8-hour 
ozone national ambient air quality standards (NAAQS). The CAA requires 
that each state adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by EPA, which is 
commonly referred to as an ``infrastructure'' SIP. GA EPD certified 
that the Georgia SIP contains provisions that ensure the 2008 8-hour 
ozone NAAQS is implemented, enforced, and maintained in Georgia. With 
the exception of provisions pertaining to prevention of significant 
deterioration (PSD) permitting and interstate transport requirements, 
EPA is proposing to approve Georgia's infrastructure SIP submission 
provided to EPA on May 14, 2012, as satisfying the required 
infrastructure elements for the 2008 8-hour ozone NAAQS.

[[Page 42778]]


DATES: Written comments must be received on or before August 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0696, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0696,'' Air Regulatory Management 
Section, (formerly the Regulatory Development Section), Air Planning 
and Implementation Branch, (formerly the Air Planning Branch) Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0696. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in 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: Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how Georgia addressed the elements of 
sections 110(a)(1) and (2) ``Infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On March 27, 2008, EPA promulgated a revised NAAQS for ozone based 
on 8-hour average concentrations. EPA revised the level of the 8-hour 
ozone NAAQS to 0.075 parts per million. See 77 FR 16436. Pursuant to 
section 110(a)(1) of the CAA, states are required to submit SIPs 
meeting the applicable requirements of section 110(a)(2) within three 
years after promulgation of a new or revised NAAQS or within such 
shorter period as EPA may prescribe. Section 110(a)(2) requires states 
to address basic SIP elements such as requirements for monitoring, 
basic program requirements and legal authority that are designed to 
assure attainment and maintenance of the NAAQS. States were required to 
submit such SIPs for the 2008 8-hour ozone NAAQS to EPA no later than 
March 2011.\1\
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    \1\ In these infrastructure SIP submissions states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2). Unless otherwise indicated, the Georgia Rules for 
Air Quality (also referred to as ``Rules'' or ``Regulations'') of 
the Georgia SIP cited throughout this rulemaking have been approved 
into Georgia's federally-approved SIP. The state statutes cited from 
the Georgia Air Quality Act Article 1: Air Quality (also referred to 
as ``O.C.G.A.'') throughout this rulemaking, however, are not 
approved into the Georgia SIP.
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    Today's action is proposing to approve Georgia's infrastructure 
submission for the applicable requirements of the 2008 8-hour ozone 
NAAQS, with the exception of the PSD permitting requirements for major 
sources of sections 110(a)(2)(C), (D)(i)(II) prong 3 and (J) and the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) and 
(II) (prongs 1, 2, and 4). With respect to Georgia's infrastructure SIP 
submission related to provisions pertaining to interstate transport 
requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs, 1, 2, and 
4), EPA is not proposing any action today regarding these requirements 
and will act on these requirements in a separate action. On March 18, 
2015, EPA approved Georgia's May 14, 2012, infrastructure SIP 
submission regarding the PSD permitting requirements for major sources 
of sections 110(a)(2)(C), (D)(i)(II) prong 3 and (J) for the 2008 8-
hour NAAQS. See 80 FR 14019. Therefore, EPA is not proposing any action 
in today's proposed rulemaking pertaining to the PSD components of 
sections 110(a)(2)(C), D)(i)(II) prong 3, and (J). For the aspects of 
Georgia's submittal proposed for approval today, EPA notes that the 
Agency is not approving any specific rule, but rather proposing that 
Georgia's already approved SIP meets certain CAA requirements.

[[Page 42779]]

II. What elements are required under Sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 2008 8-hour ozone NAAQS, states typically 
have met the basic program elements required in section 110(a)(2) 
through earlier SIP submissions in connection with the 1997 8-hour 
ozone NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned above, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. The 
requirements of section 110(a)(2) are summarized below and in EPA's 
September 13, 2013, memorandum entitled ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements under Clean Air Act Sections 
110(a)(1) and 110(a)(2).'' \2\
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    \2\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA; and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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     110(a)(2)(A): Emission Limits and Other Control Measures
     110(a)(2)(B): Ambient Air Quality Monitoring/Data System
     110(a)(2)(C): Programs for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources \3\
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    \3\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D)(i)(I) and (II): Interstate Pollution 
Transport
     110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
     110(a)(2)(E): Adequate Resources and Authority, Conflict 
of Interest, and Oversight of Local Governments and Regional Agencies
     110(a)(2)(F): Stationary Source Monitoring and Reporting
     110(a)(2)(G): Emergency Powers
     110(a)(2)(H): SIP revisions
     110(a)(2)(I): Plan Revisions for Nonattainment Areas \4\
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    \4\ As mentioned above, this element is not relevant to today's 
proposed rulemaking.
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     110(a)(2)(J): Consultation with Government Officials, 
Public Notification, and PSD and Visibility Protection
     110(a)(2)(K): Air Quality Modeling and Submission of 
Modeling Data
     110(a)(2)(L): Permitting fees
     110(a)(2)(M): Consultation and Participation by Affected 
Local Entities

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from Georgia that addresses 
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) 
for the 2008 8-hour ozone NAAQS. The requirement for states to make a 
SIP submission of this type arises out of CAA section 110(a)(1). 
Pursuant to section 110(a)(1), states must make SIP submissions 
``within 3 years (or such shorter period as the Administrator may 
prescribe) after the promulgation of a national primary ambient air 
quality standard (or any revision thereof),'' and these SIP submissions 
are to provide for the ``implementation, maintenance, and enforcement'' 
of such NAAQS. The statute directly imposes on states the duty to make 
these SIP submissions, and the requirement to make the submissions is 
not conditioned upon EPA's taking any action other than promulgating a 
new or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review permit program submissions to address 
the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for 
infrastructure SIP submissions, and section 110(a)(2) provides more 
details concerning the required contents of these submissions. The list 
of required elements provided in section 110(a)(2) contains a wide 
variety of disparate provisions, some of which pertain to required 
legal authority, some of which pertain to required substantive program 
provisions, and some of which pertain to requirements for both 
authority and substantive program provisions.\5\ EPA therefore believes 
that while the timing requirement in section 110(a)(1) is unambiguous, 
some of the other statutory provisions are ambiguous. In particular, 
EPA believes that the list of required elements for infrastructure SIP 
submissions provided in section 110(a)(2) contains ambiguities 
concerning what is required for inclusion in an infrastructure SIP 
submission.
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    \5\ For example: Section 110(a)(2)(E)(i) provides that states 
must provide assurances that they have adequate legal authority 
under state and local law to carry out the SIP; section 110(a)(2)(C) 
provides that states must have a SIP-approved program to address 
certain sources as required by part C of title I of the CAA; and 
section 110(a)(2)(G) provides that states must have legal authority 
to address emergencies as well as contingency plans that are 
triggered in the event of such emergencies.
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    The following examples of ambiguities illustrate the need for EPA 
to interpret some section 110(a)(1) and section 110(a)(2) requirements 
with respect to infrastructure SIP submissions for a given new or 
revised NAAQS. One example of ambiguity is that section 110(a)(2) 
requires that ``each'' SIP submission must meet the list of 
requirements therein, while EPA has long noted that this literal 
reading of the statute is internally inconsistent and would create a 
conflict with the nonattainment provisions in part D of title I of the 
Act, which specifically address nonattainment SIP

[[Page 42780]]

requirements.\6\ Section 110(a)(2)(I) pertains to nonattainment SIP 
requirements and part D addresses when attainment plan SIP submissions 
to address nonattainment area requirements are due. For example, 
section 172(b) requires EPA to establish a schedule for submission of 
such plans for certain pollutants when the Administrator promulgates 
the designation of an area as nonattainment, and section 107(d)(1)(B) 
allows up to two years, or in some cases three years, for such 
designations to be promulgated.\7\ This ambiguity illustrates that 
rather than apply all the stated requirements of section 110(a)(2) in a 
strict literal sense, EPA must determine which provisions of section 
110(a)(2) are applicable for a particular infrastructure SIP 
submission.
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    \6\ See, e.g., ``Rule To Reduce Interstate Transport of Fine 
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions 
to Acid Rain Program; Revisions to the NOx SIP Call; Final Rule,'' 
70 FR 25162, at 25163--65 (May 12, 2005) (explaining relationship 
between timing requirement of section 110(a)(2)(D) versus section 
110(a)(2)(I)).
    \7\ EPA notes that this ambiguity within section 110(a)(2) is 
heightened by the fact that various subparts of part D set specific 
dates for submission of certain types of SIP submissions in 
designated nonattainment areas for various pollutants. Note, e.g., 
that section 182(a)(1) provides specific dates for submission of 
emissions inventories for the ozone NAAQS. Some of these specific 
dates are necessarily later than three years after promulgation of 
the new or revised NAAQS.
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    Another example of ambiguity within sections 110(a)(1) and 
110(a)(2) with respect to infrastructure SIPs pertains to whether 
states must meet all of the infrastructure SIP requirements in a single 
SIP submission, and whether EPA must act upon such SIP submission in a 
single action. Although section 110(a)(1) directs states to submit ``a 
plan'' to meet these requirements, EPA interprets the CAA to allow 
states to make multiple SIP submissions separately addressing 
infrastructure SIP elements for the same NAAQS. If states elect to make 
such multiple SIP submissions to meet the infrastructure SIP 
requirements, EPA can elect to act on such submissions either 
individually or in a larger combined action.\8\ Similarly, EPA 
interprets the CAA to allow it to take action on the individual parts 
of one larger, comprehensive infrastructure SIP submission for a given 
NAAQS without concurrent action on the entire submission. For example, 
EPA has sometimes elected to act at different times on various elements 
and sub-elements of the same infrastructure SIP submission.\9\
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    \8\ See, e.g., ``Approval and Promulgation of Implementation 
Plans; New Mexico; Revisions to the New Source Review (NSR) State 
Implementation Plan (SIP); Prevention of Significant Deterioration 
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR 
4339 (January 22, 2013) (EPA's final action approving the structural 
PSD elements of the New Mexico SIP submitted by the State separately 
to meet the requirements of EPA's 2008 PM2.5 NSR rule), 
and ``Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport Requirements for 
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013) 
(EPA's final action on the infrastructure SIP for the 2006 
PM2.5 NAAQS).
    \9\ On December 14, 2007, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation, made a SIP 
revision to EPA demonstrating that the State meets the requirements 
of sections 110(a)(1) and (2). EPA proposed action for 
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR 
3213) and took final action on March 14, 2012 (77 FR 14976). On 
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA 
took separate proposed and final actions on all other section 
110(a)(2) infrastructure SIP elements of Tennessee's December 14, 
2007 submittal.
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    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise 
with respect to infrastructure SIP submission requirements for 
different NAAQS. Thus, EPA notes that not every element of section 
110(a)(2) would be relevant, or as relevant, or relevant in the same 
way, for each new or revised NAAQS. The states' attendant 
infrastructure SIP submissions for each NAAQS therefore could be 
different. For example, the monitoring requirements that a state might 
need to meet in its infrastructure SIP submission for purposes of 
section 110(a)(2)(B) could be very different for different pollutants 
because the content and scope of a state's infrastructure SIP 
submission to meet this element might be very different for an entirely 
new NAAQS than for a minor revision to an existing NAAQS.\10\
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    \10\ For example, implementation of the 1997 PM2.5 
NAAQS required the deployment of a system of new monitors to measure 
ambient levels of that new indicator species for the new NAAQS.
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    EPA notes that interpretation of section 110(a)(2) is also 
necessary when EPA reviews other types of SIP submissions required 
under the CAA. Therefore, as with infrastructure SIP submissions, EPA 
also has to identify and interpret the relevant elements of section 
110(a)(2) that logically apply to these other types of SIP submissions. 
For example, section 172(c)(7) requires that attainment plan SIP 
submissions required by part D have to meet the ``applicable 
requirements'' of section 110(a)(2). Thus, for example, attainment plan 
SIP submissions must meet the requirements of section 110(a)(2)(A) 
regarding enforceable emission limits and control measures and section 
110(a)(2)(E)(i) regarding air agency resources and authority. By 
contrast, it is clear that attainment plan SIP submissions required by 
part D would not need to meet the portion of section 110(a)(2)(C) that 
pertains to the PSD program required in part C of title I of the CAA, 
because PSD does not apply to a pollutant for which an area is 
designated nonattainment and thus subject to part D planning 
requirements. As this example illustrates, each type of SIP submission 
may implicate some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language 
of section 110(a)(1) and section 110(a)(2), EPA believes that it is 
appropriate to interpret the ambiguous portions of section 110(a)(1) 
and section 110(a)(2) in the context of acting on a particular SIP 
submission. In other words, EPA assumes that Congress could not have 
intended that each and every SIP submission, regardless of the NAAQS in 
question or the history of SIP development for the relevant pollutant, 
would meet each of the requirements, or meet each of them in the same 
way. Therefore, EPA has adopted an approach under which it reviews 
infrastructure SIP submissions against the list of elements in section 
110(a)(2), but only to the extent each element applies for that 
particular NAAQS.
    Historically, EPA has elected to use guidance documents to make 
recommendations to states for infrastructure SIPs, in some cases 
conveying needed interpretations on newly arising issues and in some 
cases conveying interpretations that have already been developed and 
applied to individual SIP submissions for particular elements.\11\ EPA 
most recently issued guidance for infrastructure SIPs on September 13, 
2013 (2013 Guidance).\12\ EPA developed this document to provide states 
with up-to-date guidance for infrastructure SIPs for any new or revised 
NAAQS. Within this guidance, EPA describes the duty of states to make 
infrastructure SIP submissions to meet basic structural SIP 
requirements within three years of promulgation of a new or revised 
NAAQS. EPA also made recommendations about many specific subsections of 
section 110(a)(2) that are relevant in the context of infrastructure

[[Page 42781]]

SIP submissions.\13\ The guidance also discusses the substantively 
important issues that are germane to certain subsections of section 
110(a)(2). Significantly, EPA interprets sections 110(a)(1) and 
110(a)(2) such that infrastructure SIP submissions need to address 
certain issues and need not address others. Accordingly, EPA reviews 
each infrastructure SIP submission for compliance with the applicable 
statutory provisions of section 110(a)(2), as appropriate.
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    \11\ EPA notes, however, that nothing in the CAA requires EPA to 
provide guidance or to promulgate regulations for infrastructure SIP 
submissions. The CAA directly applies to states and requires the 
submission of infrastructure SIP submissions, regardless of whether 
or not EPA provides guidance or regulations pertaining to such 
submissions. EPA elects to issue such guidance in order to assist 
states, as appropriate.
    \12\ ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013.
    \13\ EPA's September 13, 2013, guidance did not make 
recommendations with respect to infrastructure SIP submissions to 
address section 110(a)(2)(D)(i)(I). EPA issued the guidance shortly 
after the U.S. Supreme Court agreed to review the D.C. Circuit 
decision in EME Homer City, 696 F.3d7 (D.C. Cir. 2012) which had 
interpreted the requirements of section 110(a)(2)(D)(i)(I). In light 
of the uncertainty created by ongoing litigation, EPA elected not to 
provide additional guidance on the requirements of section 
110(a)(2)(D)(i)(I) at that time. As the guidance is neither binding 
nor required by statute, whether EPA elects to provide guidance on a 
particular section has no impact on a state's CAA obligations.
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    As an example, section 110(a)(2)(E)(ii) is a required element of 
section 110(a)(2) for infrastructure SIP submissions. Under this 
element, a state must meet the substantive requirements of section 128, 
which pertain to state boards that approve permits or enforcement 
orders and heads of executive agencies with similar powers. Thus, EPA 
reviews infrastructure SIP submissions to ensure that the state's 
implementation plan appropriately addresses the requirements of section 
110(a)(2)(E)(ii) and section 128. The 2013 Guidance explains EPA's 
interpretation that there may be a variety of ways by which states can 
appropriately address these substantive statutory requirements, 
depending on the structure of an individual state's permitting or 
enforcement program (e.g., whether permits and enforcement orders are 
approved by a multi-member board or by a head of an executive agency). 
However they are addressed by the state, the substantive requirements 
of section 128 are necessarily included in EPA's evaluation of 
infrastructure SIP submissions because section 110(a)(2)(E)(ii) 
explicitly requires that the state satisfy the provisions of section 
128.
    As another example, EPA's review of infrastructure SIP submissions 
with respect to the PSD program requirements in sections 110(a)(2)(C), 
(D)(i)(II), and (J) focuses upon the structural PSD program 
requirements contained in part C and EPA's PSD regulations. Structural 
PSD program requirements include provisions necessary for the PSD 
program to address all regulated sources and NSR pollutants, including 
greenhouse gases. By contrast, structural PSD program requirements do 
not include provisions that are not required under EPA's regulations at 
40 CFR 51.166 but are merely available as an option for the state, such 
as the option to provide grandfathering of complete permit applications 
with respect to the 2012 PM2.5 NAAQS. Accordingly, the 
latter optional provisions are types of provisions EPA considers 
irrelevant in the context of an infrastructure SIP action.
    For other section 110(a)(2) elements, however, EPA's review of a 
state's infrastructure SIP submission focuses on assuring that the 
state's SIP meets basic structural requirements. For example, section 
110(a)(2)(C) includes, among other things, the requirement that states 
have a program to regulate minor new sources. Thus, EPA evaluates 
whether the state has an EPA-approved minor new source review program 
and whether the program addresses the pollutants relevant to that 
NAAQS. In the context of acting on an infrastructure SIP submission, 
however, EPA does not think it is necessary to conduct a review of each 
and every provision of a state's existing minor source program (i.e., 
already in the existing SIP) for compliance with the requirements of 
the CAA and EPA's regulations that pertain to such programs.
    With respect to certain other issues, EPA does not believe that an 
action on a state's infrastructure SIP submission is necessarily the 
appropriate type of action in which to address possible deficiencies in 
a state's existing SIP. These issues include: (i) Existing provisions 
related to excess emissions from sources during periods of startup, 
shutdown, or malfunction that may be contrary to the CAA and EPA's 
policies addressing such excess emissions (``SSM''); (ii) existing 
provisions related to ``director's variance'' or ``director's 
discretion'' that may be contrary to the CAA because they purport to 
allow revisions to SIP-approved emissions limits while limiting public 
process or not requiring further approval by EPA; and (iii) existing 
provisions for PSD programs that may be inconsistent with current 
requirements of EPA's ``Final NSR Improvement Rule,'' 67 FR 80186 
(December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR 
Reform''). Thus, EPA believes it may approve an infrastructure SIP 
submission without scrutinizing the totality of the existing SIP for 
such potentially deficient provisions and may approve the submission 
even if it is aware of such existing provisions.\14\ It is important to 
note that EPA's approval of a state's infrastructure SIP submission 
should not be construed as explicit or implicit re-approval of any 
existing potentially deficient provisions that relate to the three 
specific issues just described.
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    \14\ By contrast, EPA notes that if a state were to include a 
new provision in an infrastructure SIP submission that contained a 
legal deficiency, such as a new exemption for excess emissions 
during SSM events, then EPA would need to evaluate that provision 
for compliance against the rubric of applicable CAA requirements in 
the context of the action on the infrastructure SIP.
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    EPA's approach to review of infrastructure SIP submissions is to 
identify the CAA requirements that are logically applicable to that 
submission. EPA believes that this approach to the review of a 
particular infrastructure SIP submission is appropriate, because it 
would not be reasonable to read the general requirements of section 
110(a)(1) and the list of elements in 110(a)(2) as requiring review of 
each and every provision of a state's existing SIP against all 
requirements in the CAA and EPA regulations merely for purposes of 
assuring that the state in question has the basic structural elements 
for a functioning SIP for a new or revised NAAQS. Because SIPs have 
grown by accretion over the decades as statutory and regulatory 
requirements under the CAA have evolved, they may include some outmoded 
provisions and historical artifacts. These provisions, while not fully 
up to date, nevertheless may not pose a significant problem for the 
purposes of ``implementation, maintenance, and enforcement'' of a new 
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP 
submission. EPA believes that a better approach is for states and EPA 
to focus attention on those elements of section 110(a)(2) of the CAA 
most likely to warrant a specific SIP revision due to the promulgation 
of a new or revised NAAQS or other factors.
    For example, EPA's 2013 Guidance gives simpler recommendations with 
respect to carbon monoxide than other NAAQS pollutants to meet the 
visibility requirements of section 110(a)(2)(D)(i)(II), because carbon 
monoxide does not affect visibility. As a result, an infrastructure SIP 
submission for any future new or revised NAAQS for carbon monoxide need 
only state this fact in order to address the visibility prong of 
section 110(a)(2)(D)(i)(II).
    Finally, EPA believes that its approach with respect to 
infrastructure SIP requirements is based on a reasonable reading of 
sections 110(a)(1)

[[Page 42782]]

and 110(a)(2) because the CAA provides other avenues and mechanisms to 
address specific substantive deficiencies in existing SIPs. These other 
statutory tools allow EPA to take appropriately tailored action, 
depending upon the nature and severity of the alleged SIP deficiency. 
Section 110(k)(5) authorizes EPA to issue a ``SIP call'' whenever the 
Agency determines that a state's SIP is substantially inadequate to 
attain or maintain the NAAQS, to mitigate interstate transport, or to 
otherwise comply with the CAA.\15\ Section 110(k)(6) authorizes EPA to 
correct errors in past actions, such as past approvals of SIP 
submissions.\16\ Significantly, EPA's determination that an action on a 
state's infrastructure SIP submission is not the appropriate time and 
place to address all potential existing SIP deficiencies does not 
preclude EPA's subsequent reliance on provisions in section 110(a)(2) 
as part of the basis for action to correct those deficiencies at a 
later time. For example, although it may not be appropriate to require 
a state to eliminate all existing inappropriate director's discretion 
provisions in the course of acting on an infrastructure SIP submission, 
EPA believes that section 110(a)(2)(A) may be among the statutory bases 
that EPA relies upon in the course of addressing such deficiency in a 
subsequent action.\17\
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    \15\ For example, EPA issued a SIP call to Utah to address 
specific existing SIP deficiencies related to the treatment of 
excess emissions during SSM events. See ``Finding of Substantial 
Inadequacy of Implementation Plan; Call for Utah State 
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \16\ EPA has used this authority to correct errors in past 
actions on SIP submissions related to PSD programs. See ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has 
previously used its authority under CAA section 110(k)(6) to remove 
numerous other SIP provisions that the Agency determined it had 
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR 
34641 (June 27, 1997) (corrections to American Samoa, Arizona, 
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16, 
2004) (corrections to California SIP); and 74 FR 57051 (November 3, 
2009) (corrections to Arizona and Nevada SIPs).
    \17\ See, e.g., EPA's disapproval of a SIP submission from 
Colorado on the grounds that it would have included a director's 
discretion provision inconsistent with CAA requirements, including 
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21, 
2010) (proposed disapproval of director's discretion provisions); 76 
FR 4540 (Jan. 26, 2011) (final disapproval of such provisions).
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IV. What is EPA's analysis of how Georgia addressed the elements of 
Sections 110(a)(1) and (2) ``Infrastructure'' Provisions?

    The Georgia infrastructure submission addresses the provisions of 
sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A) Emission limits and other control measures: There 
are several provisions within the Georgia Rules for Air Quality that 
provide GA EPD with the necessary authority to adopt and enforce air 
quality controls, which include enforceable emission limitations and 
other control measures. Rule 391-3-1-.01 ``Definitions'' provides 
definitions of emissions limitations, controls, and standards for 
Georgia. Rules 391-3-1-.02 ``Provisions'' and 391-3-1-.03 ``Permits'' 
provides emissions limitations, control measures and compliance 
schedules and provides Georgia with the authority to enforce such 
provisions for ozone. EPA has made the preliminary determination that 
the provisions contained in these rules are adequate to protect the 
2008 8-hour ozone NAAQS in the State.
    In this action, EPA is not proposing to approve or disapprove any 
existing State provisions with regard to excess emissions during 
startup, shutdown or malfunction (SSM) of operations at a facility. EPA 
believes that a number of states have SSM provisions which are contrary 
to the CAA and existing EPA guidance, ``State Implementation Plans: 
Policy Regarding Excess Emissions During Malfunctions, Startup, and 
Shutdown'' (September 20, 1999), and the Agency is addressing such 
state regulations in a separate action.\18\ In the meantime, EPA 
encourages any state having a deficient SSM provision to take steps to 
correct it as soon as possible.
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    \18\ On May 22, 2015, the EPA Administrator signed a final 
action entitled, ``State Implementation Plans: Response to Petition 
for Rulemaking; Restatement and Update of EPA's SSM Policy 
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP 
Calls to Amend Provisions Applying to Excess Emissions During 
Periods of Startup, Shutdown, and Malfunction.'' The prepublication 
version of this rule is available at http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html.
---------------------------------------------------------------------------

    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing State rules with regard to director's 
discretion or variance provisions. EPA believes that a number of states 
have such provisions which are contrary to the CAA and existing EPA 
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to 
take action in the future to address such state regulations. In the 
meantime, EPA encourages any state having a director's discretion or 
variance provision which is contrary to the CAA and EPA guidance to 
take steps to correct the deficiency as soon as possible.
    2. 110(a)(2)(B) Ambient air quality monitoring/data system: SIPs 
are required to provide for the establishment and operation of ambient 
air quality monitors; the compilation and analysis of ambient air 
quality data; and the submission of these data to EPA upon request. 
Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. Section 12-9-6 
(b)(13) Powers and duties of director as to air quality generally) 
along with the Georgia Annual Monitoring Network Plan, provides GA EPD 
with the authority to monitor ambient air quality in Georgia through an 
ambient air quality monitoring system in the State, which includes the 
monitoring of ozone at appropriate locations throughout the state using 
the EPA approved Federal Reference Method or equivalent monitors. 
Annually, States develop and submit to EPA for approval statewide 
ambient monitoring network plans consistent with the requirements of 40 
CFR parts 50, 53, and 58. The annual network plan involves an 
evaluation of any proposed changes to the monitoring network, includes 
the annual ambient monitoring network design plan and a certified 
evaluation of the agency's ambient monitors and auxiliary support 
equipment.\19\ The latest monitoring network plan for Georgia was 
submitted to EPA on June 1, 2014, and on November 7, 2014, EPA approved 
this plan. Georgia's approved monitoring network plan can be accessed 
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0696. EPA 
has made the preliminary determination that Georgia's SIP and practices 
are adequate for the ambient air quality monitoring and data system 
related to the 2008 8-hour ozone NAAQS.
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    \19\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
---------------------------------------------------------------------------

    3. 110(a)(2)(C) Program for enforcement of control measures 
including review of proposed new sources: This element consists of 
three sub-elements; enforcement, state-wide regulation of new and 
modified minor sources and minor modifications of major sources; and 
preconstruction permitting of major sources and major modifications in 
areas designated attainment or unclassifiable for the subject NAAQS as 
required by CAA title I part C (i.e., the major source
    PSD program). To meet these obligations, Georgia cited Rules 391-3-

[[Page 42783]]

1-.07 ``Inspections and Investigations,'' Rule 391-3-1-.09 
``Enforcement,'' and Rule 391-3-1-.03(1), ``Construction (SIP) Permit'' 
along with the Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. 
Sections 12-9-13 Proceedings for enforcement and 12-9-7 Permit 
required; application; issuance; revocation, suspension, or amendment) 
each of which pertain to enforcement and permitting of any new major 
stationary source or any project at an existing major stationary source 
in an area designated as attainment or unclassifiable as well as 
regulation of minor stationary sources. In this action, EPA is only 
proposing to approve Georgia's infrastructure SIP submission for the 
2008 8-hour ozone NAAQS with respect to the general requirement in 
section 110(a)(2)(C) to include a program in the SIP that provides for 
the enforcement of emission limits and control measures on sources of 
oxides of nitrogen (NOx) and volatile organic compounds (VOCs) and the 
regulation of minor sources and modifications to assist in the 
protection of air quality in nonattainment, attainment or 
unclassifiable areas.
    Enforcement: GA EPD's above-described, SIP-approved regulations 
provide for enforcement of ozone precursor (VOC and NOx) emission 
limits and control measures.
    Preconstruction PSD Permitting for Major Sources: With respect to 
Georgia's May 14, 2012, infrastructure SIP submission related to the 
preconstruction PSD permitting requirements for major sources of 
section 110(a)(2)(C), EPA took final action to approve these provisions 
for the 2008 8-hour ozone NAAQS on March 18, 2015. See 80 FR 14019.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source program that regulates emissions of the 2008 8-hour ozone NAAQS. 
Rule 391-3-1-.03(1), ``Construction (SIP) Permit'' governs the 
preconstruction permitting of modifications and construction of minor 
stationary sources.
    EPA has made the preliminary determination that Georgia's SIP and 
practices are adequate for enforcement of control measures and 
regulation of minor sources and modifications related to the 2008 8-
hour ozone NAAQS.
    4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport: 
Section 110(a)(2)(D)(i) has two components; 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(II). Each of these components have two subparts resulting 
in four distinct components, commonly referred to as ``prongs,'' that 
must be addressed in infrastructure SIP submissions. The first two 
prongs, which are codified in section 110(a)(2)(D)(i)(I), are 
provisions that prohibit any source or other type of emissions activity 
in one state from contributing significantly to nonattainment of the 
NAAQS in another state (``prong 1''), and interfering with maintenance 
of the NAAQS in another state (``prong 2''). The third and fourth 
prongs, which are codified in section 110(a)(2)(D)(i)(II), are 
provisions that prohibit emissions activity in one state interfering 
with measures required to prevent significant deterioration of air 
quality in another state (``prong 3''), or to protect visibility in 
another state (``prong 4''). With respect to Georgia's infrastructure 
SIP submissions related to the interstate transport requirements of 
section 110(a)(2)(D)(i)(I) and 110(a)(2)(D)(i)(II) (prongs 1 through 
4), EPA is not proposing any action today regarding these requirements. 
With respect to Georgia's May 14, 2012, infrastructure SIP submission 
related to the preconstruction PSD permitting requirements for major 
sources of section 110(a)(2)(D)(i)(II) (prong 3), EPA took final action 
to approve these provisions for the 2008 8-hour ozone NAAQS on March 
18, 2015. See 80 FR 14019. EPA will act on prongs 1, 2, and 4 of 
section 110(a)(2)(D)(i)(I) and (II) in a separate action.
    5. 110(a)(2)(D)(ii) Interstate Pollution Abatement and 
International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement. Rule 
391-3-1-.02 ``Provisions'' provides how GA EPD will notify neighboring 
states of potential impacts from new or modified sources consistent 
with the requirements of 40 CFR 51.166. In addition, Georgia does not 
have any pending obligation under sections 115 and 126 of the CAA. 
Accordingly, EPA has made the preliminary determination that Georgia's 
SIP and practices are adequate for ensuring compliance with the 
applicable requirements relating to interstate and international 
pollution abatement for the 2008 8-hour ozone NAAQS.
    6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies: 
Section 110(a)(2)(E) requires that each implementation plan provide (i) 
necessary assurances that the State will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the State comply with the requirements respecting State 
Boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the State has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the State has responsibility for ensuring adequate 
implementation of such plan provisions. EPA is proposing to approve 
Georgia's SIP as meeting the requirements of section 110(a)(2)(E). 
EPA's rationale for today's proposal respecting sub-elements (i), (ii), 
and (iii) is described below.
    In support of EPA's proposal to approve sub-elements 
110(a)(2)(E)(i) and (iii), EPA notes that GA EPD is responsible for 
promulgating rules and regulations for the NAAQS, emissions standards 
general policies, a system of permits, and fee schedules for the review 
of plans, and other planning needs. Georgia's infrastructure SIP 
submission cites Georgia Air Quality Act Article 1: Air Quality 
(O.C.G.A. Section 12-9-10 Permit related fees; costs of public notice 
and Rule 391-3-1-.03(9) ``Georgia Air Permit Fee System'' which 
provides the State's adequate funding and authority and rules for 
permit fees. Additionally, as evidence of the adequacy of GA EPD's 
resources, EPA submitted a letter to Georgia on March 26, 2014, 
outlining 105 grant commitments and the current status of these 
commitments for fiscal year 2013. The letter EPA submitted to Georgia 
can be accessed at www.regulations.gov using Docket ID No. EPA-R04-OAR-
2012-0696. Annually, states update these grant commitments based on 
current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. Georgia satisfactorily met all 
commitments agreed to in the Air Planning Agreement for fiscal year 
2013, therefore Georgia's grants were finalized and closed out.
    With respect to the requirements of section 110(a)(2)(E)(ii) 
pertaining the state board requirements of CAA section 128, Georgia's 
infrastructure SIP submission cites Georgia Air Quality Act Article 1: 
Air Quality (O.C.G.A. Section 12-9-5 Powers and duties of Board of 
Natural Resources as to air quality generally) which provides the 
powers and duties of the Board of Natural Resources as to air quality 
and provides that at least a majority of members of this board 
represent the public interest and not derive any significant portion of 
income from persons subject to permits or enforcement orders and that 
potential conflicts of interest will be adequately disclosed. This 
provision has been incorporated into the federally approved

[[Page 42784]]

SIP. Collectively, these rules and commitments provide evidence that GA 
EPD has adequate personnel, funding, and legal authority under state 
law to carry out the state's implementation plan and related issues to 
ensure that conflicts of interest are adequately addressed. EPA has 
made the preliminary determination that Georgia has adequate resources 
and authority to satisfy sections 110(a)(2)(E)(i), (ii), and (iii) of 
the 2008 8-hour ozone NAAQS.
    7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: 
Georgia's infrastructure SIP submission describes how the State 
establishes requirements for emissions compliance testing and utilizes 
emissions sampling and analysis. It further describes how the State 
ensures the quality of its data through observing emissions and 
monitoring operations. GA EPD uses these data to track progress towards 
maintaining the NAAQS, develop control and maintenance strategies, 
identify sources and general emission levels, and determine compliance 
with emission regulations and additional EPA requirements. Georgia 
meets these requirements through the Georgia Air Quality Act Article 1: 
Air Quality (O.C.G.A. Section 12-9-5(b)(6) Powers and duties of Board 
of Natural Resources as to air quality generally), Rules 391-3-1-.02(3) 
``Sampling,'' 391-3-1-.02(6)(b) ``General Monitoring and Reporting 
Requirements,'' 391-3-1-.02(6) ``Source Monitoring,'' 391-3-1-.02(7) 
``Prevention of Significant Deterioration of Air Quality,'' 391-3-
1-.02(11) ``Compliance Assurance Monitoring,'' and, 391-3-1-.03 
``Permits.''
    In addition, Rule 391-3-1-.02(3) ``Sampling'' \20\ allows for the 
use of credible evidence in the event that the GA EPD Director has 
evidence that a source is violating an emission standard or permit 
condition, the Director may require that the owner or operator of any 
source submit to the Director any information necessary to determine 
the compliance status of the source. In addition, EPA is unaware of any 
provision preventing the use of credible evidence in the Georgia SIP.
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    \20\ This rule is not approved into the federally approved SIP.
---------------------------------------------------------------------------

    Georgia is required to submit emissions data to EPA for purposes of 
the National Emissions Inventory (NEI). The NEI is EPA's central 
repository for air emissions data. EPA published the Air Emissions 
Reporting Rule (AERR) on December 5, 2008, which modified the 
requirements for collecting and reporting air emissions data. See 73 FR 
76539. The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and the precursors that form them--NOX, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many states also voluntarily report emissions of 
hazardous air pollutants. Georgia made its latest update to the 2011 
NEI on June 10, 2014. EPA compiles the emissions data, supplementing it 
where necessary, and releases it to the general public through the Web 
site http://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the 
preliminary determination that Georgia's SIP and practices are adequate 
for the stationary source monitoring systems obligations for the 2008 
8-hour ozone NAAQS.
    8. 110(a)(2)(G) Emergency powers: This section requires that states 
demonstrate authority comparable with section 303 of the CAA and 
adequate contingency plans to implement such authority. Georgia's 
infrastructure SIP submission cites air pollution emergency episodes 
and preplanned abatement strategies in the Georgia Air Quality Act: 
Article 1: Air Quality (O.C.G.A. Sections 12-9-2 Declaration of public 
policy, 12-9-6 Powers and duties of director as to air quality 
generally, 12-9-12 Injunctive relief, 12-9-13 Proceedings for 
enforcement, and 12-9-14 Powers of director in situations involving 
imminent and substantial danger to public health), and Rule 391-3-1 .04 
``Air Pollution Episodes.'' O.C.G.A. Section 12-9-2 provides ``[i]t is 
declared to be the public policy of the state of Georgia to preserve, 
protect, and improve air quality . . . to attain and maintain ambient 
air quality standards so as to safeguard the public health, safety, and 
welfare.'' O.C.G.A. Section 12-9-6(b)(10) provides the Director of EPD 
authority to ``issue orders as may be necessary to enforce compliance 
with [the Georgia Air Quality Act Article 1: Air Quality (O.C.G.A)] and 
all rules and regulations of this article.'' O.C.G.A. Section 12-9-12 
provides that ``[w]henever in the judgment of the director any person 
has engaged in or is about to engage in any act or practice which 
constitutes or will constitute an unlawful action under [the Georgia 
Air Quality Act Article 1: Air Quality (O.C.G.A)], he may make 
application to the superior court of the county in which the unlawful 
act or practice has been or is about to be engaged in, or in which 
jurisdiction is appropriate, for an order enjoining such act or 
practice or for an order requiring compliance with this article. Upon a 
showing by the director that such person has engaged in or is about to 
engage in any such act or practice, a permanent or temporary 
injunction, restraining order, or other order shall be granted without 
the necessity of showing lack of an adequate remedy of law.'' O.C.G.A. 
Section 12-19-13 specifically pertains to enforcement proceedings when 
the Director of EPD has reason to believe that a violation of any 
provision of the Georgia Air Quality Act Article 1: Air Quality 
(O.C.G.A), or environmental rules, regulations or orders have occurred. 
O.C.G.A. Section 12-9-14 also provides that the Governor, may issue 
orders as necessary to protect the health of persons who are, or may 
be, affected by a pollution source or facility after ``consult[ation] 
with local authorities in order to confirm the correctness of the 
information on which action proposed to be taken is based and to 
ascertain the action which such authorities are or will be taking.''
    Rule 391-3-1-.04 ``Air Pollution Episodes'' provides that the 
Director of EPD ``will proclaim that an Air Pollution Alert, Air 
Pollution Warning, or Air Pollution Emergency exists when the 
meteorological conditions are such that an air stagnation condition is 
in existence and/or the accumulation of air contaminants in any place 
is attaining or has attained levels which could, if such levels are 
sustained or exceeded, lead to a substantial threat to the health of 
persons in the specific area affected.'' Collectively the cited 
provisions provide that Georgia EPD demonstrate authority comparable 
with section 303 of the CAA and adequate contingency plans to implement 
such authority in the state. EPA has made the preliminary determination 
that Georgia's SIP and practices are adequate to satisfy the emergency 
powers obligations of the 2008 8-hour ozone NAAQS.
    9. 110(a)(2)(H) SIP revisions: GA EPD is responsible for adopting 
air quality rules and revising SIPs as needed to attain or maintain the 
NAAQS in Georgia. Georgia Air Quality Act: Article 1: Air Quality 
(O.C.G.A. Section 12-9-6(b)(12), 12-9-6(b)(13) Powers and duties of 
director as to air quality generally) provides Georgia the authority to 
implement the CAA and submit SIP revisions whenever the NAAQS are 
revised. These provisions also provide GA EPD the ability and authority 
to respond to calls for SIP

[[Page 42785]]

revisions, and Georgia has provided a number of SIP revisions over the 
years for implementation of the NAAQS. Accordingly, EPA has made the 
preliminary determination that Georgia's SIP and practices adequately 
demonstrate a commitment to provide future SIP revisions related to the 
2008 8-hour ozone NAAQS, when necessary.
    10. 110(a)(2)(J) Consultation with Government Officials, Public 
Notification, and PSD and Visibility Protection: EPA is proposing to 
approve Georgia's infrastructure SIP for the 2008 8-hour ozone NAAQS 
with respect to the general requirement in section 110(a)(2)(J) to 
include a program in the SIP that complies with the applicable 
consultation requirements of section 121, the public notification 
requirements of section 127, and visibility protection. With respect to 
Georgia's infrastructure SIP submission related to the preconstruction 
PSD permitting, EPA took final action to approve Georgia's May 14, 
2012, 2008 8-hour ozone NAAQS infrastructure SIP for these requirements 
on March 18, 2015. See 80 FR 14019. EPA's rationale for its proposed 
action regarding applicable consultation requirements of section 121, 
the public notification requirements of section 127, and the visibility 
requirements is described below.
    Consultation with government officials (121 consultation): Section 
110(a)(2)(J) of the CAA requires states to provide a process for 
consultation with local governments, designated organizations and 
federal land managers (FLMs) carrying out NAAQS implementation 
requirements pursuant to section 121 relative to consultation. Georgia 
Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 12-9-5(b)(17) 
Powers and duties of Board of Natural Resources as to air quality 
generally), Georgia Administrative Procedures Act (O.C.G.A. Section 50-
13-4 Procedural requirements for adoption, amendment, or repeal of 
rules; emergency rules; limitation on action to contest rule; 
legislative override), and Rule 391-3-1-.02(7) ``Prevention of 
Significant Deterioration (PSD)'' as it relates to Class I areas along 
with the Regional Haze SIP Plan provide for consultation with 
government officials whose jurisdictions might be affected by SIP 
development activities. These consultation procedures were developed in 
coordination with the transportation partners in the State and are 
consistent with the approaches used for development of mobile 
inventories for SIPs. Implementation of transportation conformity as 
outlined in the consultation procedures requires GA EPD to consult with 
federal, state and local transportation and air quality agency 
officials on the development of motor vehicle emissions budgets. The 
Regional Haze SIP provides for consultation between appropriate state, 
local, and tribal air pollution control agencies as well as the 
corresponding Federal Land Managers.
    Public notification (127 public notification): GA EPD has public 
notice mechanisms in place to notify the public of ozone and other 
pollutant forecasting, including an air quality monitoring Web site 
providing ground level ozone alerts, http://www.georgiaair.org/smogforecast/. Regulation 391-3-1-.04, ``Air Pollution Episodes,'' 
requires that EPD notify the public of any air pollution episode or 
NAAQS violation. Additionally, the Georgia SIP process affords the 
public an opportunity to participate in regulatory and other efforts to 
improve air quality by holding public hearings for interested persons 
to appear and submit written or oral comments.
    Visibility Protection: EPA's September 2013 Infrastructure SIP 
Guidance notes that EPA does not generally treat the visibility 
protection aspects of section 110(a)(2)(J) as applicable for purposes 
of the infrastructure SIP approval process. EPA recognizes that states 
are subject to visibility protection and regional haze program 
requirements under Part C of the Act (which includes sections 169A and 
169B). However, in the event of the establishment of a new primary 
NAAQS, the visibility protection and regional haze program requirements 
under part C do not change. Thus, EPA concludes there are no new 
applicable visibility protection obligations under section 110(a)(2)(J) 
as a result of the 2008 8-hour ozone NAAQS that need to be addressed in 
Georgia's infrastructure SIP submission as it relates to visibility 
protection.
    EPA has made the preliminary determination that Georgia's SIP and 
practices adequately demonstrate the State's ability to provide 
consultation with government officials, public notification related to 
the 2008 8-hour ozone NAAQS when necessary, and, as explained above, is 
sufficient for visibility protection for this element.
    11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling 
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for 
performing air quality modeling so that effects on air quality of 
emissions from NAAQS pollutants can be predicted and submission of such 
data to the USEPA can be made. Regulation 391-3-1-.02(7)(b)(8), 
``Prevention of Significant Deterioration of Air Quality (PSD)-Air 
Quality Models,'' incorporates by reference 40 CFR 52.21(l), which 
specifies that air modeling be conducted in accordance with 40 CFR part 
51, Appendix W ``Guideline on Air Quality Models.'' This regulation 
demonstrates that Georgia has the authority to perform air quality 
modeling and to provide relevant data for the purpose of predicting the 
effect on ambient air quality of the 2008 8-hour ozone NAAQS. 
Additionally, Georgia supports a regional effort to coordinate the 
development of emissions inventories and conduct regional modeling for 
several NAAQS, including the 2008 8-hour ozone NAAQS, for the 
Southeastern states. Taken as a whole, Georgia's air quality 
regulations demonstrate that GA EPD has the authority to provide 
relevant data for the purpose of predicting the effect on ambient air 
quality of the 2008 8-hour ozone NAAQS. EPA has made the preliminary 
determination that Georgia's SIP and practices adequately demonstrate 
the State's ability to provide for air quality modeling, along with 
analysis of the associated data, related to the 2008 8-hour ozone NAAQS 
when necessary.
    12. 110(a)(2)(L) Permitting fees: This element necessitates that 
the SIP require the owner or operator of each major stationary source 
to pay to the permitting authority, as a condition of any permit 
required under the CAA, a fee sufficient to cover (i) the reasonable 
costs of reviewing and acting upon any application for such a permit, 
and (ii) if the owner or operator receives a permit for such source, 
the reasonable costs of implementing and enforcing the terms and 
conditions of any such permit (not including any court costs or other 
costs associated with any enforcement action), until such fee 
requirement is superseded with respect to such sources by the 
Administrator's approval of a fee program under title V.
    To satisfy these requirements, Georgia's infrastructure SIP 
submission cites Rule 391-3-1-.03(9) ``Permit Fees,'' \21\ which 
includes the federally approved title V fee program. Additionally, 
Georgia's PSD and NNSR programs are funded by title V fees. Georgia's 
authority to charge fees or require funding for processing PSD and NNSR 
permits is provided for in the Georgia Air Quality Act: Article 1: Air 
Quality (O.C.G.A. Section 12-9-10 Permit related fees; costs of public 
notice). Georgia's fully approved title V operating permit program 
covers the cost of implementation and enforcement

[[Page 42786]]

of PSD and NNSR permits after they have been issued. EPA has made the 
preliminary determination that Georgia's practices adequately provide 
for permitting fees related to the 2008 8-hour ozone NAAQS, when 
necessary.
---------------------------------------------------------------------------

    \21\ This rule is not approved into the federally approved SIP.
---------------------------------------------------------------------------

    13. 110(a)(2)(M) Consultation and Participation by Affected Local 
Entities: This element requires states to provide for consultation and 
participation in SIP development by local political subdivisions 
affected by the SIP. The Georgia Air Quality Act: Article 1: Air 
Quality (O.C.G.A. Section 12-9-5 (b)(17) Powers and duties of Board of 
Natural Resources as to air quality generally) establishes 
``satisfactory processes of consultation and cooperation with local 
governments or other designated organizations of elected officials or 
federal agencies for purposes of planning [and implementation].'' 
Furthermore, GA EPD has demonstrated consultation with, and 
participation by, affected local entities through its work with local 
political subdivisions during the developing of its Transportation 
Conformity SIP, and Regional Haze Implementation Plan. EPA has made the 
preliminary determination that Georgia's SIP and practices adequately 
demonstrate consultation with affected local entities related to the 
2008 8-hour ozone NAAQS, when necessary.

V. Proposed Action

    With the exception of the PSD permitting requirements for major 
sources contained in section 110(a)(2)(C), (D)(i)(II) prong 3, and (J) 
and the interstate transport requirements of section 110(a)(2)(D)(i)(I) 
and (II) (prongs 1, 2 and 4), EPA is proposing to approve GA EPD's 
infrastructure SIP submission, submitted May 14, 2012, for the 2008 8-
hour ozone NAAQS because it meets the above described infrastructure 
SIP requirements. EPA is proposing to approve these portions of 
Georgia's infrastructure SIP submission for the 2008 8-hour ozone NAAQS 
because these aspects of the submission are consistent with section 110 
of the CAA. EPA previously acted upon Georgia's infrastructure 
submission for the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), (D)(i)(II) prong 3 and (J) on March 18, 2015, 
and will address prongs 1, 2, and 4 of section 110(a)(2)(D)(i)(I) and 
(II) in a separate action.

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. Accordingly, this 
proposed 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 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);
     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).
    In addition, the Georgia 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17740 Filed 7-17-15; 8:45 am]
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                                                                              Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules                                                 42777

                                                    application of those requirements would                  section of this issue of the Federal                  adverse comments are received in
                                                    be inconsistent with the CAA; and                        Register, EPA is approving the State’s                response to this rule, no further activity
                                                      • Does not provide EPA with the                        implementation plan revision as a direct              is contemplated. If EPA receives adverse
                                                    discretionary authority to address, as                   final rule without prior proposal                     comments, the direct final rule will be
                                                    appropriate, disproportionate human                      because the Agency views this as a                    withdrawn and all public comments
                                                    health or environmental effects, using                   noncontroversial submittal and                        received will be addressed in a
                                                    practicable and legally permissible                      anticipates no adverse comments. A                    subsequent final rule based on this
                                                    methods, under Executive Order 12898                     detailed rationale for the approval is set            proposed rule. EPA will not institute a
                                                    (59 FR 7629, February 16, 1994).                         forth in the direct final rule.                       second comment period on this
                                                      The SIP is not approved to apply on                    DATES: Written comments must be                       document. Any parties interested in
                                                    any Indian reservation land or in any                    received on or before August 19, 2015.                commenting on this document should
                                                    other area where EPA or an Indian tribe                  ADDRESSES: Submit your comments,
                                                                                                                                                                   do so at this time.
                                                    has demonstrated that a tribe has                        identified by Docket ID No. EPA–R04–                    Dated: July 6, 2015.
                                                    jurisdiction. In those areas of Indian                   OAR–2015–0368, by one of the                          Heather McTeer Toney,
                                                    country, the rule does not have tribal                   following methods:                                    Regional Administrator, Region 4.
                                                    implications as specified by Executive                      1. www.regulations.gov: Follow the                 [FR Doc. 2015–17682 Filed 7–17–15; 8:45 am]
                                                    Order 13175 (65 FR 67249, November 9,                    on-line instructions for submitting
                                                    2000), nor will it impose substantial                                                                          BILLING CODE 6560–50–P
                                                                                                             comments.
                                                    direct costs on tribal governments or                       2. Email: R4-ARMS@epa.gov.
                                                    preempt tribal law.                                         3. Fax: (404) 562–9019.                            ENVIRONMENTAL PROTECTION
                                                    List of Subjects in 40 CFR Part 52                          4. Mail: ‘‘EPA–R04–OAR–2015–                       AGENCY
                                                                                                             0368,’’ Air Regulatory Management
                                                      Environmental protection, Air                                                                                40 CFR Part 52
                                                                                                             Section (formerly the Regulatory
                                                    pollution control, Incorporation by
                                                                                                             Development Section), Air Planning and
                                                    reference, Intergovernmental relations,                                                                        [EPA–R04–OAR–2012–0696; FRL–9930–85–
                                                                                                             Implementation Branch (formerly the
                                                    Nitrogen dioxide, Particulate matter,                                                                          Region 4]
                                                                                                             Air Planning Branch), Air, Pesticides
                                                    Reporting and recordkeeping
                                                                                                             and Toxics Management Division, U.S.                  Approval and Promulgation of
                                                    requirements, Volatile organic
                                                                                                             Environmental Protection Agency,                      Implementation Plans; Georgia
                                                    compounds.
                                                                                                             Region 4, 61 Forsyth Street SW.,                      Infrastructure Requirements for the
                                                       Authority: 42 U.S.C. 7401 et seq.                     Atlanta, Georgia 30303–8960.                          2008 8-Hour Ozone National Ambient
                                                      Dated: July 9, 2015.                                      5. Hand Delivery or Courier: Lynorae               Air Quality Standards
                                                    Heather McTeer Toney,                                    Benjamin, Chief, Air Regulatory
                                                    Regional Administrator, Region 4.                        Management Section, Air Planning and                  AGENCY:  Environmental Protection
                                                                                                             Implementation Branch, Air, Pesticides                Agency (EPA).
                                                    [FR Doc. 2015–17744 Filed 7–17–15; 8:45 am]
                                                                                                             and Toxics Management Division, U.S.                  ACTION: Proposed rule.
                                                    BILLING CODE 6560–50–P
                                                                                                             Environmental Protection Agency,
                                                                                                             Region 4, 61 Forsyth Street SW.,                      SUMMARY:   The Environmental Protection
                                                                                                             Atlanta, Georgia 30303–8960. Such                     Agency (EPA) is proposing to approve
                                                    ENVIRONMENTAL PROTECTION
                                                                                                             deliveries are only accepted during the               portions of the May 14, 2012, State
                                                    AGENCY
                                                                                                             Regional Office’s normal hours of                     Implementation Plan (SIP) submission,
                                                    40 CFR Part 52                                           operation. The Regional Office’s official             provided by the Georgia Department of
                                                                                                             hours of business are Monday through                  Natural Resources, Environmental
                                                    [EPA–R04–OAR–2015–0368; FRL–9930–77–                                                                           Protection Division (hereafter referred to
                                                                                                             Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                    Region 4]                                                                                                      as GA EPD) for inclusion into the
                                                                                                             Federal holidays.
                                                                                                                Please see the direct final rule which             Georgia SIP. This proposal pertains to
                                                    Approval and Promulgation of
                                                                                                             is located in the Rules section of this               the Clean Air Act (CAA or the Act)
                                                    Implementation Plans; North Carolina;
                                                                                                             Federal Register for detailed                         infrastructure requirements for the 2008
                                                    Nitrogen Dioxide and Sulfur Dioxide
                                                                                                             instructions on how to submit                         8-hour ozone national ambient air
                                                    National Ambient Air Quality
                                                                                                             comments.                                             quality standards (NAAQS). The CAA
                                                    Standards Revisions
                                                                                                                                                                   requires that each state adopt and
                                                                                                             FOR FURTHER INFORMATION CONTACT:   Zuri               submit a SIP for the implementation,
                                                    AGENCY:  Environmental Protection
                                                                                                             Farngalo, Air Regulatory Management                   maintenance, and enforcement of each
                                                    Agency (EPA).
                                                                                                             Section, Air Planning and                             NAAQS promulgated by EPA, which is
                                                    ACTION: Proposed rule.                                   Implementation Branch, Air, Pesticides                commonly referred to as an
                                                    SUMMARY:   The Environmental Protection                  and Toxics Management Division, U.S.                  ‘‘infrastructure’’ SIP. GA EPD certified
                                                    Agency (EPA) is proposing to approve a                   Environmental Protection Agency,                      that the Georgia SIP contains provisions
                                                    State Implementation Plan revision                       Region 4, 61 Forsyth Street SW.,                      that ensure the 2008 8-hour ozone
                                                    submitted by the State of North                          Atlanta, Georgia 30303–8960. The                      NAAQS is implemented, enforced, and
                                                    Carolina, through the North Carolina                     telephone number is (404) 562–9152.                   maintained in Georgia. With the
                                                    Department of Environment and Natural                    Mr. Farngalo can also be reached via                  exception of provisions pertaining to
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                                                    Resources on August 13, 2012,                            electronic mail at farngalo.zuri@                     prevention of significant deterioration
                                                    pertaining to definition changes for the                 epa.gov.                                              (PSD) permitting and interstate
                                                    Nitrogen Dioxide and Sulfur Dioxide                      SUPPLEMENTARY INFORMATION:       For                  transport requirements, EPA is
                                                    National Ambient Air Quality                             additional information see the direct                 proposing to approve Georgia’s
                                                    Standards. EPA is approving this SIP                     final rule which is published in the                  infrastructure SIP submission provided
                                                    revision because the State has                           Rules Section of this Federal Register.               to EPA on May 14, 2012, as satisfying
                                                    demonstrated that it is consistent with                  A detailed rationale for the approval is              the required infrastructure elements for
                                                    the Clean Air Act. In the Final Rules                    set forth in the direct final rule. If no             the 2008 8-hour ozone NAAQS.


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                                                    42778                     Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules

                                                    DATES:  Written comments must be                         cannot read your comment due to                       NAAQS to 0.075 parts per million. See
                                                    received on or before August 19, 2015.                   technical difficulties and cannot contact             77 FR 16436. Pursuant to section
                                                    ADDRESSES: Submit your comments,                         you for clarification, EPA may not be                 110(a)(1) of the CAA, states are required
                                                    identified by Docket ID No. EPA–R04–                     able to consider your comment.                        to submit SIPs meeting the applicable
                                                    OAR–2012–0696, by one of the                             Electronic files should avoid the use of              requirements of section 110(a)(2) within
                                                    following methods:                                       special characters, any form of                       three years after promulgation of a new
                                                       1. www.regulations.gov: Follow the                    encryption, and be free of any defects or             or revised NAAQS or within such
                                                    on-line instructions for submitting                      viruses. For additional information                   shorter period as EPA may prescribe.
                                                    comments.                                                about EPA’s public docket visit the EPA               Section 110(a)(2) requires states to
                                                       2. Email: R4-ARMS@epa.gov.                            Docket Center homepage at http://                     address basic SIP elements such as
                                                       3. Fax: (404) 562–9019.                               www.epa.gov/epahome/dockets.htm.                      requirements for monitoring, basic
                                                       4. Mail: ‘‘EPA–R04–OAR–2012–                             Docket: All documents in the                       program requirements and legal
                                                    0696,’’ Air Regulatory Management                        electronic docket are listed in the                   authority that are designed to assure
                                                    Section, (formerly the Regulatory                        www.regulations.gov index. Although                   attainment and maintenance of the
                                                    Development Section), Air Planning and                   listed in the index, some information is              NAAQS. States were required to submit
                                                    Implementation Branch, (formerly the                     not publicly available, i.e., CBI or other            such SIPs for the 2008 8-hour ozone
                                                    Air Planning Branch) Air, Pesticides                     information whose disclosure is                       NAAQS to EPA no later than March
                                                    and Toxics Management Division, U.S.                     restricted by statute. Certain other                  2011.1
                                                    Environmental Protection Agency,                         material, such as copyrighted material,                  Today’s action is proposing to
                                                                                                             is not placed on the Internet and will be             approve Georgia’s infrastructure
                                                    Region 4, 61 Forsyth Street SW.,
                                                                                                             publicly available only in hard copy                  submission for the applicable
                                                    Atlanta, Georgia 30303–8960.
                                                                                                             form. Publicly available docket                       requirements of the 2008 8-hour ozone
                                                       5. Hand Delivery or Courier: Lynorae
                                                                                                             materials are available either                        NAAQS, with the exception of the PSD
                                                    Benjamin, Chief, Air Regulatory
                                                                                                             electronically in www.regulations.gov or              permitting requirements for major
                                                    Management Section, Air Planning and
                                                                                                             in hard copy at the Air Regulatory                    sources of sections 110(a)(2)(C), (D)(i)(II)
                                                    Implementation Branch, Air, Pesticides
                                                                                                             Management Section, Air Planning and                  prong 3 and (J) and the interstate
                                                    and Toxics Management Division, U.S.
                                                                                                             Implementation Branch, Air, Pesticides                transport requirements of section
                                                    Environmental Protection Agency,
                                                                                                             and Toxics Management Division, U.S.                  110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
                                                    Region 4, 61 Forsyth Street SW.,
                                                                                                             Environmental Protection Agency,                      and 4). With respect to Georgia’s
                                                    Atlanta, Georgia 30303–8960. Such                                                                              infrastructure SIP submission related to
                                                    deliveries are only accepted during the                  Region 4, 61 Forsyth Street SW.,
                                                                                                             Atlanta, Georgia 30303–8960. EPA                      provisions pertaining to interstate
                                                    Regional Office’s normal hours of                                                                              transport requirements of section
                                                    operation. The Regional Office’s official                requests that if at all possible, you
                                                                                                             contact the person listed in the FOR                  110(a)(2)(D)(i)(I) and (II) (prongs, 1, 2,
                                                    hours of business are Monday through                                                                           and 4), EPA is not proposing any action
                                                    Friday, 8:30 a.m. to 4:30 p.m., excluding                FURTHER INFORMATION CONTACT section to
                                                                                                             schedule your inspection. The Regional                today regarding these requirements and
                                                    Federal holidays.                                                                                              will act on these requirements in a
                                                       Instructions: Direct your comments to                 Office’s official hours of business are
                                                                                                             Monday through Friday, 8:30 a.m. to                   separate action. On March 18, 2015,
                                                    Docket ID No. EPA–R04–OAR–2012–                                                                                EPA approved Georgia’s May 14, 2012,
                                                    0696. EPA’s policy is that all comments                  4:30 p.m., excluding Federal holidays.
                                                                                                                                                                   infrastructure SIP submission regarding
                                                    received will be included in the public                  FOR FURTHER INFORMATION CONTACT:                      the PSD permitting requirements for
                                                    docket without change and may be                         Nacosta C. Ward, Air Regulatory                       major sources of sections 110(a)(2)(C),
                                                    made available online at                                 Management Section, Air Planning and                  (D)(i)(II) prong 3 and (J) for the 2008 8-
                                                    www.regulations.gov, including any                       Implementation Branch, Air, Pesticides                hour NAAQS. See 80 FR 14019.
                                                    personal information provided, unless                    and Toxics Management Division, U.S.                  Therefore, EPA is not proposing any
                                                    the comment includes information                         Environmental Protection Agency,                      action in today’s proposed rulemaking
                                                    claimed to be Confidential Business                      Region 4, 61 Forsyth Street SW.,                      pertaining to the PSD components of
                                                    Information (CBI) or other information                   Atlanta, Georgia 30303–8960. The                      sections 110(a)(2)(C), D)(i)(II) prong 3,
                                                    whose disclosure is restricted by statute.               telephone number is (404) 562–9140.                   and (J). For the aspects of Georgia’s
                                                    Do not submit through                                    Ms. Ward can be reached via electronic                submittal proposed for approval today,
                                                    www.regulations.gov or email,                            mail at ward.nacosta@epa.gov.                         EPA notes that the Agency is not
                                                    information that you consider to be CBI                  SUPPLEMENTARY INFORMATION:                            approving any specific rule, but rather
                                                    or otherwise protected. The                                                                                    proposing that Georgia’s already
                                                    www.regulations.gov Web site is an                       Table of Contents
                                                                                                                                                                   approved SIP meets certain CAA
                                                    ‘‘anonymous access’’ system, which                       I. Background                                         requirements.
                                                    means EPA will not know your identity                    II. What elements are required under sections
                                                    or contact information unless you                             110(a)(1) and (2)?                                 1 In these infrastructure SIP submissions states

                                                    provide it in the body of your comment.                  III. What is EPA’s approach to the review of          generally certify evidence of compliance with
                                                    If you send an email comment directly                         infrastructure SIP submissions?                  sections 110(a)(1) and (2) of the CAA through a
                                                    to EPA without going through                             IV. What is EPA’s analysis of how Georgia             combination of state regulations and statutes, some
                                                                                                                  addressed the elements of sections               of which have been incorporated into the federally-
                                                    www.regulations.gov, your email                               110(a)(1) and (2) ‘‘Infrastructure’’             approved SIP. In addition, certain federally-
                                                    address will be automatically captured
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                                                                                                                  provisions?                                      approved, non-SIP regulations may also be
                                                    and included as part of the comment                                                                            appropriate for demonstrating compliance with
                                                                                                             V. Proposed Action                                    sections 110(a)(1) and (2). Unless otherwise
                                                    that is placed in the public docket and                  VI. Statutory and Executive Order Reviews             indicated, the Georgia Rules for Air Quality (also
                                                    made available on the Internet. If you                                                                         referred to as ‘‘Rules’’ or ‘‘Regulations’’) of the
                                                    submit an electronic comment, EPA                        I. Background                                         Georgia SIP cited throughout this rulemaking have
                                                    recommends that you include your                            On March 27, 2008, EPA promulgated                 been approved into Georgia’s federally-approved
                                                                                                                                                                   SIP. The state statutes cited from the Georgia Air
                                                    name and other contact information in                    a revised NAAQS for ozone based on 8-                 Quality Act Article 1: Air Quality (also referred to
                                                    the body of your comment and with any                    hour average concentrations. EPA                      as ‘‘O.C.G.A.’’) throughout this rulemaking,
                                                    disk or CD–ROM you submit. If EPA                        revised the level of the 8-hour ozone                 however, are not approved into the Georgia SIP.



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                                                                              Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules                                                      42779

                                                    II. What elements are required under                       • 110(a)(2)(C): Programs for                         does not appear in the CAA, EPA uses
                                                    Sections 110(a)(1) and (2)?                              Enforcement of Control Measures and                    the term to distinguish this particular
                                                       Section 110(a) of the CAA requires                    for Construction or Modification of                    type of SIP submission from
                                                    states to submit SIPs to provide for the                 Stationary Sources 3                                   submissions that are intended to satisfy
                                                    implementation, maintenance, and                           • 110(a)(2)(D)(i)(I) and (II): Interstate            other SIP requirements under the CAA,
                                                    enforcement of a new or revised                          Pollution Transport                                    such as ‘‘nonattainment SIP’’ or
                                                    NAAQS within three years following                         • 110(a)(2)(D)(ii): Interstate Pollution             ‘‘attainment plan SIP’’ submissions to
                                                    the promulgation of such NAAQS, or                       Abatement and International Air                        address the nonattainment planning
                                                    within such shorter period as EPA may                    Pollution                                              requirements of part D of title I of the
                                                    prescribe. Section 110(a) imposes the                      • 110(a)(2)(E): Adequate Resources                   CAA, ‘‘regional haze SIP’’ submissions
                                                    obligation upon states to make a SIP                     and Authority, Conflict of Interest, and               required by EPA rule to address the
                                                    submission to EPA for a new or revised                   Oversight of Local Governments and                     visibility protection requirements of
                                                    NAAQS, but the contents of that                          Regional Agencies                                      CAA section 169A, and nonattainment
                                                    submission may vary depending upon                         • 110(a)(2)(F): Stationary Source                    new source review permit program
                                                    the facts and circumstances. In                          Monitoring and Reporting
                                                                                                                                                                    submissions to address the permit
                                                    particular, the data and analytical tools                  • 110(a)(2)(G): Emergency Powers
                                                                                                                                                                    requirements of CAA, title I, part D.
                                                    available at the time the state develops                   • 110(a)(2)(H): SIP revisions
                                                    and submits the SIP for a new or revised                   • 110(a)(2)(I): Plan Revisions for                      Section 110(a)(1) addresses the timing
                                                    NAAQS affects the content of the                         Nonattainment Areas 4                                  and general requirements for
                                                    submission. The contents of such SIP                       • 110(a)(2)(J): Consultation with                    infrastructure SIP submissions, and
                                                    submissions may also vary depending                      Government Officials, Public                           section 110(a)(2) provides more details
                                                    upon what provisions the state’s                         Notification, and PSD and Visibility                   concerning the required contents of
                                                    existing SIP already contains. In the                    Protection                                             these submissions. The list of required
                                                    case of the 2008 8-hour ozone NAAQS,                       • 110(a)(2)(K): Air Quality Modeling                 elements provided in section 110(a)(2)
                                                    states typically have met the basic                      and Submission of Modeling Data                        contains a wide variety of disparate
                                                    program elements required in section                       • 110(a)(2)(L): Permitting fees                      provisions, some of which pertain to
                                                    110(a)(2) through earlier SIP                              • 110(a)(2)(M): Consultation and                     required legal authority, some of which
                                                    submissions in connection with the                       Participation by Affected Local Entities               pertain to required substantive program
                                                    1997 8-hour ozone NAAQS.                                 III. What is EPA’s approach to the                     provisions, and some of which pertain
                                                       More specifically, section 110(a)(1)                  review of infrastructure SIP                           to requirements for both authority and
                                                    provides the procedural and timing                       submissions?                                           substantive program provisions.5 EPA
                                                    requirements for SIPs. Section 110(a)(2)                                                                        therefore believes that while the timing
                                                    lists specific elements that states must                    EPA is acting upon the SIP                          requirement in section 110(a)(1) is
                                                    meet for ‘‘infrastructure’’ SIP                          submission from Georgia that addresses                 unambiguous, some of the other
                                                    requirements related to a newly                          the infrastructure requirements of CAA                 statutory provisions are ambiguous. In
                                                    established or revised NAAQS. As                         sections 110(a)(1) and 110(a)(2) for the               particular, EPA believes that the list of
                                                    mentioned above, these requirements                      2008 8-hour ozone NAAQS. The                           required elements for infrastructure SIP
                                                    include basic SIP elements such as                       requirement for states to make a SIP                   submissions provided in section
                                                    requirements for monitoring, basic                       submission of this type arises out of
                                                                                                                                                                    110(a)(2) contains ambiguities
                                                    program requirements and legal                           CAA section 110(a)(1). Pursuant to
                                                                                                                                                                    concerning what is required for
                                                    authority that are designed to assure                    section 110(a)(1), states must make SIP
                                                                                                                                                                    inclusion in an infrastructure SIP
                                                    attainment and maintenance of the                        submissions ‘‘within 3 years (or such
                                                                                                                                                                    submission.
                                                    NAAQS. The requirements of section                       shorter period as the Administrator may
                                                    110(a)(2) are summarized below and in                    prescribe) after the promulgation of a                    The following examples of
                                                    EPA’s September 13, 2013,                                national primary ambient air quality                   ambiguities illustrate the need for EPA
                                                    memorandum entitled ‘‘Guidance on                        standard (or any revision thereof),’’ and              to interpret some section 110(a)(1) and
                                                    Infrastructure State Implementation                      these SIP submissions are to provide for               section 110(a)(2) requirements with
                                                    Plan (SIP) Elements under Clean Air Act                  the ‘‘implementation, maintenance, and                 respect to infrastructure SIP
                                                    Sections 110(a)(1) and 110(a)(2).’’ 2                    enforcement’’ of such NAAQS. The                       submissions for a given new or revised
                                                       • 110(a)(2)(A): Emission Limits and                   statute directly imposes on states the                 NAAQS. One example of ambiguity is
                                                    Other Control Measures                                   duty to make these SIP submissions,                    that section 110(a)(2) requires that
                                                       • 110(a)(2)(B): Ambient Air Quality                   and the requirement to make the                        ‘‘each’’ SIP submission must meet the
                                                    Monitoring/Data System                                   submissions is not conditioned upon                    list of requirements therein, while EPA
                                                                                                             EPA’s taking any action other than                     has long noted that this literal reading
                                                      2 Two elements identified in section 110(a)(2) are
                                                                                                             promulgating a new or revised NAAQS.                   of the statute is internally inconsistent
                                                    not governed by the three year submission deadline
                                                    of section 110(a)(1) because SIPs incorporating
                                                                                                             Section 110(a)(2) includes a list of                   and would create a conflict with the
                                                    necessary local nonattainment area controls are not      specific elements that ‘‘[e]ach such                   nonattainment provisions in part D of
                                                    due within three years after promulgation of a new       plan’’ submission must address.                        title I of the Act, which specifically
                                                    or revised NAAQS, but rather due at the time the            EPA has historically referred to these              address nonattainment SIP
                                                    nonattainment area plan requirements are due
                                                                                                             SIP submissions made for the purpose
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                                                    pursuant to section 172. These requirements are: (1)
                                                    Submissions required by section 110(a)(2)(C) to the      of satisfying the requirements of CAA                     5 For example: Section 110(a)(2)(E)(i) provides

                                                    extent that subsection refers to a permit program as     sections 110(a)(1) and 110(a)(2) as                    that states must provide assurances that they have
                                                    required in part D Title I of the CAA; and (2)           ‘‘infrastructure SIP’’ submissions.                    adequate legal authority under state and local law
                                                    submissions required by section 110(a)(2)(I) which                                                              to carry out the SIP; section 110(a)(2)(C) provides
                                                    pertain to the nonattainment planning requirements
                                                                                                             Although the term ‘‘infrastructure SIP’’               that states must have a SIP-approved program to
                                                    of part D, Title I of the CAA. Today’s proposed                                                                 address certain sources as required by part C of title
                                                                                                               3 This rulemaking only addresses requirements
                                                    rulemaking does not address infrastructure                                                                      I of the CAA; and section 110(a)(2)(G) provides that
                                                    elements related to section 110(a)(2)(I) or the          for this element as they relate to attainment areas.   states must have legal authority to address
                                                    nonattainment planning requirements of                     4 As mentioned above, this element is not            emergencies as well as contingency plans that are
                                                    110(a)(2)(C).                                            relevant to today’s proposed rulemaking.               triggered in the event of such emergencies.



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                                                    42780                     Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules

                                                    requirements.6 Section 110(a)(2)(I)                      allow it to take action on the individual                 program required in part C of title I of
                                                    pertains to nonattainment SIP                            parts of one larger, comprehensive                        the CAA, because PSD does not apply
                                                    requirements and part D addresses                        infrastructure SIP submission for a                       to a pollutant for which an area is
                                                    when attainment plan SIP submissions                     given NAAQS without concurrent                            designated nonattainment and thus
                                                    to address nonattainment area                            action on the entire submission. For                      subject to part D planning requirements.
                                                    requirements are due. For example,                       example, EPA has sometimes elected to                     As this example illustrates, each type of
                                                    section 172(b) requires EPA to establish                 act at different times on various                         SIP submission may implicate some
                                                    a schedule for submission of such plans                  elements and sub-elements of the same                     elements of section 110(a)(2) but not
                                                    for certain pollutants when the                          infrastructure SIP submission.9                           others.
                                                    Administrator promulgates the                               Ambiguities within sections 110(a)(1)
                                                                                                                                                                         Given the potential for ambiguity in
                                                    designation of an area as nonattainment,                 and 110(a)(2) may also arise with
                                                                                                                                                                       some of the statutory language of section
                                                    and section 107(d)(1)(B) allows up to                    respect to infrastructure SIP submission
                                                                                                                                                                       110(a)(1) and section 110(a)(2), EPA
                                                    two years, or in some cases three years,                 requirements for different NAAQS.
                                                                                                                                                                       believes that it is appropriate to
                                                    for such designations to be                              Thus, EPA notes that not every element
                                                                                                                                                                       interpret the ambiguous portions of
                                                    promulgated.7 This ambiguity illustrates                 of section 110(a)(2) would be relevant,
                                                                                                                                                                       section 110(a)(1) and section 110(a)(2)
                                                    that rather than apply all the stated                    or as relevant, or relevant in the same
                                                                                                                                                                       in the context of acting on a particular
                                                    requirements of section 110(a)(2) in a                   way, for each new or revised NAAQS.
                                                                                                                                                                       SIP submission. In other words, EPA
                                                    strict literal sense, EPA must determine                 The states’ attendant infrastructure SIP
                                                                                                                                                                       assumes that Congress could not have
                                                    which provisions of section 110(a)(2)                    submissions for each NAAQS therefore
                                                                                                             could be different. For example, the                      intended that each and every SIP
                                                    are applicable for a particular
                                                                                                             monitoring requirements that a state                      submission, regardless of the NAAQS in
                                                    infrastructure SIP submission.
                                                       Another example of ambiguity within                   might need to meet in its infrastructure                  question or the history of SIP
                                                    sections 110(a)(1) and 110(a)(2) with                    SIP submission for purposes of section                    development for the relevant pollutant,
                                                    respect to infrastructure SIPs pertains to               110(a)(2)(B) could be very different for                  would meet each of the requirements, or
                                                    whether states must meet all of the                      different pollutants because the content                  meet each of them in the same way.
                                                    infrastructure SIP requirements in a                     and scope of a state’s infrastructure SIP                 Therefore, EPA has adopted an
                                                    single SIP submission, and whether EPA                   submission to meet this element might                     approach under which it reviews
                                                    must act upon such SIP submission in                     be very different for an entirely new                     infrastructure SIP submissions against
                                                    a single action. Although section                        NAAQS than for a minor revision to an                     the list of elements in section 110(a)(2),
                                                    110(a)(1) directs states to submit ‘‘a                   existing NAAQS.10                                         but only to the extent each element
                                                    plan’’ to meet these requirements, EPA                      EPA notes that interpretation of                       applies for that particular NAAQS.
                                                    interprets the CAA to allow states to                    section 110(a)(2) is also necessary when                    Historically, EPA has elected to use
                                                    make multiple SIP submissions                            EPA reviews other types of SIP                            guidance documents to make
                                                    separately addressing infrastructure SIP                 submissions required under the CAA.                       recommendations to states for
                                                    elements for the same NAAQS. If states                   Therefore, as with infrastructure SIP                     infrastructure SIPs, in some cases
                                                    elect to make such multiple SIP                          submissions, EPA also has to identify                     conveying needed interpretations on
                                                    submissions to meet the infrastructure                   and interpret the relevant elements of                    newly arising issues and in some cases
                                                    SIP requirements, EPA can elect to act                   section 110(a)(2) that logically apply to                 conveying interpretations that have
                                                    on such submissions either individually                  these other types of SIP submissions.                     already been developed and applied to
                                                    or in a larger combined action.8                         For example, section 172(c)(7) requires                   individual SIP submissions for
                                                    Similarly, EPA interprets the CAA to                     that attainment plan SIP submissions                      particular elements.11 EPA most
                                                                                                             required by part D have to meet the                       recently issued guidance for
                                                      6 See, e.g., ‘‘Rule To Reduce Interstate Transport     ‘‘applicable requirements’’ of section                    infrastructure SIPs on September 13,
                                                    of Fine Particulate Matter and Ozone (Clean Air          110(a)(2). Thus, for example, attainment                  2013 (2013 Guidance).12 EPA developed
                                                    Interstate Rule); Revisions to Acid Rain Program;
                                                    Revisions to the NOx SIP Call; Final Rule,’’ 70 FR
                                                                                                             plan SIP submissions must meet the                        this document to provide states with up-
                                                    25162, at 25163—65 (May 12, 2005) (explaining            requirements of section 110(a)(2)(A)                      to-date guidance for infrastructure SIPs
                                                    relationship between timing requirement of section       regarding enforceable emission limits                     for any new or revised NAAQS. Within
                                                    110(a)(2)(D) versus section 110(a)(2)(I)).               and control measures and section
                                                      7 EPA notes that this ambiguity within section
                                                                                                                                                                       this guidance, EPA describes the duty of
                                                                                                             110(a)(2)(E)(i) regarding air agency                      states to make infrastructure SIP
                                                    110(a)(2) is heightened by the fact that various
                                                    subparts of part D set specific dates for submission     resources and authority. By contrast, it                  submissions to meet basic structural SIP
                                                    of certain types of SIP submissions in designated        is clear that attainment plan SIP                         requirements within three years of
                                                    nonattainment areas for various pollutants. Note,        submissions required by part D would                      promulgation of a new or revised
                                                    e.g., that section 182(a)(1) provides specific dates     not need to meet the portion of section
                                                    for submission of emissions inventories for the                                                                    NAAQS. EPA also made
                                                    ozone NAAQS. Some of these specific dates are            110(a)(2)(C) that pertains to the PSD                     recommendations about many specific
                                                    necessarily later than three years after promulgation                                                              subsections of section 110(a)(2) that are
                                                    of the new or revised NAAQS.                               9 On December 14, 2007, the State of Tennessee,
                                                                                                                                                                       relevant in the context of infrastructure
                                                      8 See, e.g., ‘‘Approval and Promulgation of            through the Tennessee Department of Environment
                                                    Implementation Plans; New Mexico; Revisions to           and Conservation, made a SIP revision to EPA
                                                    the New Source Review (NSR) State                        demonstrating that the State meets the requirements         11 EPA notes, however, that nothing in the CAA

                                                    Implementation Plan (SIP); Prevention of                 of sections 110(a)(1) and (2). EPA proposed action        requires EPA to provide guidance or to promulgate
                                                    Significant Deterioration (PSD) and Nonattainment        for infrastructure SIP elements (C) and (J) on            regulations for infrastructure SIP submissions. The
                                                                                                             January 23, 2012 (77 FR 3213) and took final action       CAA directly applies to states and requires the
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                                                    New Source Review (NNSR) Permitting,’’ 78 FR
                                                    4339 (January 22, 2013) (EPA’s final action              on March 14, 2012 (77 FR 14976). On April 16,             submission of infrastructure SIP submissions,
                                                    approving the structural PSD elements of the New         2012 (77 FR 22533) and July 23, 2012 (77 FR               regardless of whether or not EPA provides guidance
                                                    Mexico SIP submitted by the State separately to          42997), EPA took separate proposed and final              or regulations pertaining to such submissions. EPA
                                                    meet the requirements of EPA’s 2008 PM2.5 NSR            actions on all other section 110(a)(2) infrastructure     elects to issue such guidance in order to assist
                                                    rule), and ‘‘Approval and Promulgation of Air            SIP elements of Tennessee’s December 14, 2007             states, as appropriate.
                                                    Quality Implementation Plans; New Mexico;                submittal.                                                  12 ‘‘Guidance on Infrastructure State

                                                    Infrastructure and Interstate Transport                    10 For example, implementation of the 1997 PM
                                                                                                                                                                 2.5   Implementation Plan (SIP) Elements under Clean
                                                    Requirements for the 2006 PM2.5 NAAQS,’’ (78 FR          NAAQS required the deployment of a system of              Air Act Sections 110(a)(1) and 110(a)(2),’’
                                                    4337) (January 22, 2013) (EPA’s final action on the      new monitors to measure ambient levels of that new        Memorandum from Stephen D. Page, September 13,
                                                    infrastructure SIP for the 2006 PM2.5 NAAQS).            indicator species for the new NAAQS.                      2013.



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                                                                               Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules                                                   42781

                                                    SIP submissions.13 The guidance also                      pollutants, including greenhouse gases.               aware of such existing provisions.14 It is
                                                    discusses the substantively important                     By contrast, structural PSD program                   important to note that EPA’s approval of
                                                    issues that are germane to certain                        requirements do not include provisions                a state’s infrastructure SIP submission
                                                    subsections of section 110(a)(2).                         that are not required under EPA’s                     should not be construed as explicit or
                                                    Significantly, EPA interprets sections                    regulations at 40 CFR 51.166 but are                  implicit re-approval of any existing
                                                    110(a)(1) and 110(a)(2) such that                         merely available as an option for the                 potentially deficient provisions that
                                                    infrastructure SIP submissions need to                    state, such as the option to provide                  relate to the three specific issues just
                                                    address certain issues and need not                       grandfathering of complete permit                     described.
                                                    address others. Accordingly, EPA                          applications with respect to the 2012                    EPA’s approach to review of
                                                    reviews each infrastructure SIP                           PM2.5 NAAQS. Accordingly, the latter                  infrastructure SIP submissions is to
                                                    submission for compliance with the                        optional provisions are types of                      identify the CAA requirements that are
                                                    applicable statutory provisions of                        provisions EPA considers irrelevant in                logically applicable to that submission.
                                                    section 110(a)(2), as appropriate.                        the context of an infrastructure SIP                  EPA believes that this approach to the
                                                       As an example, section 110(a)(2)(E)(ii)                action.                                               review of a particular infrastructure SIP
                                                    is a required element of section                             For other section 110(a)(2) elements,              submission is appropriate, because it
                                                    110(a)(2) for infrastructure SIP                          however, EPA’s review of a state’s                    would not be reasonable to read the
                                                    submissions. Under this element, a state                  infrastructure SIP submission focuses                 general requirements of section
                                                    must meet the substantive requirements                    on assuring that the state’s SIP meets                110(a)(1) and the list of elements in
                                                    of section 128, which pertain to state                    basic structural requirements. For                    110(a)(2) as requiring review of each
                                                    boards that approve permits or                            example, section 110(a)(2)(C) includes,               and every provision of a state’s existing
                                                    enforcement orders and heads of                           among other things, the requirement                   SIP against all requirements in the CAA
                                                    executive agencies with similar powers.                   that states have a program to regulate                and EPA regulations merely for
                                                    Thus, EPA reviews infrastructure SIP                      minor new sources. Thus, EPA                          purposes of assuring that the state in
                                                    submissions to ensure that the state’s                    evaluates whether the state has an EPA-               question has the basic structural
                                                    implementation plan appropriately                         approved minor new source review                      elements for a functioning SIP for a new
                                                    addresses the requirements of section                     program and whether the program                       or revised NAAQS. Because SIPs have
                                                    110(a)(2)(E)(ii) and section 128. The                     addresses the pollutants relevant to that             grown by accretion over the decades as
                                                    2013 Guidance explains EPA’s                              NAAQS. In the context of acting on an                 statutory and regulatory requirements
                                                    interpretation that there may be a                        infrastructure SIP submission, however,               under the CAA have evolved, they may
                                                    variety of ways by which states can                       EPA does not think it is necessary to                 include some outmoded provisions and
                                                    appropriately address these substantive                   conduct a review of each and every                    historical artifacts. These provisions,
                                                    statutory requirements, depending on                      provision of a state’s existing minor                 while not fully up to date, nevertheless
                                                    the structure of an individual state’s                    source program (i.e., already in the                  may not pose a significant problem for
                                                    permitting or enforcement program (e.g.,                  existing SIP) for compliance with the                 the purposes of ‘‘implementation,
                                                    whether permits and enforcement                           requirements of the CAA and EPA’s                     maintenance, and enforcement’’ of a
                                                    orders are approved by a multi-member                     regulations that pertain to such                      new or revised NAAQS when EPA
                                                    board or by a head of an executive                        programs.                                             evaluates adequacy of the infrastructure
                                                    agency). However they are addressed by                       With respect to certain other issues,              SIP submission. EPA believes that a
                                                    the state, the substantive requirements                   EPA does not believe that an action on                better approach is for states and EPA to
                                                    of section 128 are necessarily included                                                                         focus attention on those elements of
                                                                                                              a state’s infrastructure SIP submission is
                                                    in EPA’s evaluation of infrastructure SIP                                                                       section 110(a)(2) of the CAA most likely
                                                                                                              necessarily the appropriate type of
                                                    submissions because section                                                                                     to warrant a specific SIP revision due to
                                                                                                              action in which to address possible
                                                    110(a)(2)(E)(ii) explicitly requires that                                                                       the promulgation of a new or revised
                                                                                                              deficiencies in a state’s existing SIP.
                                                    the state satisfy the provisions of section                                                                     NAAQS or other factors.
                                                                                                              These issues include: (i) Existing
                                                    128.                                                                                                               For example, EPA’s 2013 Guidance
                                                       As another example, EPA’s review of                    provisions related to excess emissions
                                                                                                              from sources during periods of startup,               gives simpler recommendations with
                                                    infrastructure SIP submissions with                                                                             respect to carbon monoxide than other
                                                    respect to the PSD program                                shutdown, or malfunction that may be
                                                                                                              contrary to the CAA and EPA’s policies                NAAQS pollutants to meet the visibility
                                                    requirements in sections 110(a)(2)(C),                                                                          requirements of section
                                                    (D)(i)(II), and (J) focuses upon the                      addressing such excess emissions
                                                                                                              (‘‘SSM’’); (ii) existing provisions related           110(a)(2)(D)(i)(II), because carbon
                                                    structural PSD program requirements                                                                             monoxide does not affect visibility. As
                                                    contained in part C and EPA’s PSD                         to ‘‘director’s variance’’ or ‘‘director’s
                                                                                                              discretion’’ that may be contrary to the              a result, an infrastructure SIP
                                                    regulations. Structural PSD program                                                                             submission for any future new or
                                                    requirements include provisions                           CAA because they purport to allow
                                                                                                              revisions to SIP-approved emissions                   revised NAAQS for carbon monoxide
                                                    necessary for the PSD program to                                                                                need only state this fact in order to
                                                    address all regulated sources and NSR                     limits while limiting public process or
                                                                                                              not requiring further approval by EPA;                address the visibility prong of section
                                                       13 EPA’s September 13, 2013, guidance did not          and (iii) existing provisions for PSD                 110(a)(2)(D)(i)(II).
                                                    make recommendations with respect to                      programs that may be inconsistent with                   Finally, EPA believes that its
                                                    infrastructure SIP submissions to address section         current requirements of EPA’s ‘‘Final                 approach with respect to infrastructure
                                                    110(a)(2)(D)(i)(I). EPA issued the guidance shortly
                                                                                                              NSR Improvement Rule,’’ 67 FR 80186                   SIP requirements is based on a
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                                                    after the U.S. Supreme Court agreed to review the                                                               reasonable reading of sections 110(a)(1)
                                                    D.C. Circuit decision in EME Homer City, 696 F.3d7        (December 31, 2002), as amended by 72
                                                    (D.C. Cir. 2012) which had interpreted the                FR 32526 (June 13, 2007) (‘‘NSR                         14 By contrast, EPA notes that if a state were to
                                                    requirements of section 110(a)(2)(D)(i)(I). In light of   Reform’’). Thus, EPA believes it may
                                                    the uncertainty created by ongoing litigation, EPA                                                              include a new provision in an infrastructure SIP
                                                    elected not to provide additional guidance on the         approve an infrastructure SIP                         submission that contained a legal deficiency, such
                                                    requirements of section 110(a)(2)(D)(i)(I) at that        submission without scrutinizing the                   as a new exemption for excess emissions during
                                                    time. As the guidance is neither binding nor              totality of the existing SIP for such                 SSM events, then EPA would need to evaluate that
                                                    required by statute, whether EPA elects to provide                                                              provision for compliance against the rubric of
                                                    guidance on a particular section has no impact on
                                                                                                              potentially deficient provisions and may              applicable CAA requirements in the context of the
                                                    a state’s CAA obligations.                                approve the submission even if it is                  action on the infrastructure SIP.



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                                                    42782                     Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules

                                                    and 110(a)(2) because the CAA provides                   IV. What is EPA’s analysis of how                     discretion or variance provision which
                                                    other avenues and mechanisms to                          Georgia addressed the elements of                     is contrary to the CAA and EPA
                                                    address specific substantive deficiencies                Sections 110(a)(1) and (2)                            guidance to take steps to correct the
                                                    in existing SIPs. These other statutory                  ‘‘Infrastructure’’ Provisions?                        deficiency as soon as possible.
                                                    tools allow EPA to take appropriately                       The Georgia infrastructure submission                 2. 110(a)(2)(B) Ambient air quality
                                                    tailored action, depending upon the                      addresses the provisions of sections                  monitoring/data system: SIPs are
                                                    nature and severity of the alleged SIP                   110(a)(1) and (2) as described below.                 required to provide for the
                                                    deficiency. Section 110(k)(5) authorizes                    1. 110(a)(2)(A) Emission limits and                establishment and operation of ambient
                                                    EPA to issue a ‘‘SIP call’’ whenever the                 other control measures: There are                     air quality monitors; the compilation
                                                    Agency determines that a state’s SIP is                  several provisions within the Georgia                 and analysis of ambient air quality data;
                                                                                                             Rules for Air Quality that provide GA                 and the submission of these data to EPA
                                                    substantially inadequate to attain or
                                                                                                             EPD with the necessary authority to                   upon request. Georgia Air Quality Act
                                                    maintain the NAAQS, to mitigate
                                                                                                             adopt and enforce air quality controls,               Article 1: Air Quality (O.C.G.A. Section
                                                    interstate transport, or to otherwise
                                                                                                             which include enforceable emission                    12–9–6 (b)(13) Powers and duties of
                                                    comply with the CAA.15 Section                                                                                 director as to air quality generally) along
                                                    110(k)(6) authorizes EPA to correct                      limitations and other control measures.
                                                                                                             Rule 391–3–1–.01 ‘‘Definitions’’                      with the Georgia Annual Monitoring
                                                    errors in past actions, such as past                                                                           Network Plan, provides GA EPD with
                                                    approvals of SIP submissions.16                          provides definitions of emissions
                                                                                                             limitations, controls, and standards for              the authority to monitor ambient air
                                                    Significantly, EPA’s determination that                                                                        quality in Georgia through an ambient
                                                    an action on a state’s infrastructure SIP                Georgia. Rules 391–3–1–.02
                                                                                                             ‘‘Provisions’’ and 391–3–1–.03                        air quality monitoring system in the
                                                    submission is not the appropriate time                                                                         State, which includes the monitoring of
                                                                                                             ‘‘Permits’’ provides emissions
                                                    and place to address all potential                                                                             ozone at appropriate locations
                                                                                                             limitations, control measures and
                                                    existing SIP deficiencies does not                                                                             throughout the state using the EPA
                                                                                                             compliance schedules and provides
                                                    preclude EPA’s subsequent reliance on                    Georgia with the authority to enforce                 approved Federal Reference Method or
                                                    provisions in section 110(a)(2) as part of               such provisions for ozone. EPA has                    equivalent monitors. Annually, States
                                                    the basis for action to correct those                    made the preliminary determination                    develop and submit to EPA for approval
                                                    deficiencies at a later time. For example,               that the provisions contained in these                statewide ambient monitoring network
                                                    although it may not be appropriate to                    rules are adequate to protect the 2008 8-             plans consistent with the requirements
                                                    require a state to eliminate all existing                hour ozone NAAQS in the State.                        of 40 CFR parts 50, 53, and 58. The
                                                    inappropriate director’s discretion                         In this action, EPA is not proposing to            annual network plan involves an
                                                    provisions in the course of acting on an                 approve or disapprove any existing                    evaluation of any proposed changes to
                                                    infrastructure SIP submission, EPA                       State provisions with regard to excess                the monitoring network, includes the
                                                    believes that section 110(a)(2)(A) may be                emissions during startup, shutdown or                 annual ambient monitoring network
                                                    among the statutory bases that EPA                       malfunction (SSM) of operations at a                  design plan and a certified evaluation of
                                                    relies upon in the course of addressing                  facility. EPA believes that a number of               the agency’s ambient monitors and
                                                    such deficiency in a subsequent                          states have SSM provisions which are                  auxiliary support equipment.19 The
                                                                                                             contrary to the CAA and existing EPA                  latest monitoring network plan for
                                                    action.17
                                                                                                             guidance, ‘‘State Implementation Plans:               Georgia was submitted to EPA on June
                                                                                                             Policy Regarding Excess Emissions                     1, 2014, and on November 7, 2014, EPA
                                                                                                             During Malfunctions, Startup, and                     approved this plan. Georgia’s approved
                                                                                                             Shutdown’’ (September 20, 1999), and                  monitoring network plan can be
                                                       15 For example, EPA issued a SIP call to Utah to
                                                                                                             the Agency is addressing such state                   accessed at www.regulations.gov using
                                                    address specific existing SIP deficiencies related to
                                                    the treatment of excess emissions during SSM             regulations in a separate action.18 In the            Docket ID No. EPA–R04–OAR–2012–
                                                    events. See ‘‘Finding of Substantial Inadequacy of       meantime, EPA encourages any state                    0696. EPA has made the preliminary
                                                    Implementation Plan; Call for Utah State                 having a deficient SSM provision to take              determination that Georgia’s SIP and
                                                    Implementation Plan Revisions,’’ 74 FR 21639             steps to correct it as soon as possible.              practices are adequate for the ambient
                                                    (April 18, 2011).
                                                                                                                Additionally, in this action, EPA is               air quality monitoring and data system
                                                       16 EPA has used this authority to correct errors in
                                                                                                             not proposing to approve or disapprove                related to the 2008 8-hour ozone
                                                    past actions on SIP submissions related to PSD                                                                 NAAQS.
                                                    programs. See ‘‘Limitation of Approval of
                                                                                                             any existing State rules with regard to
                                                                                                             director’s discretion or variance                        3. 110(a)(2)(C) Program for
                                                    Prevention of Significant Deterioration Provisions
                                                                                                             provisions. EPA believes that a number                enforcement of control measures
                                                    Concerning Greenhouse Gas Emitting-Sources in
                                                    State Implementation Plans; Final Rule,’’ 75 FR          of states have such provisions which are              including review of proposed new
                                                    82536 (December 30, 2010). EPA has previously            contrary to the CAA and existing EPA                  sources: This element consists of three
                                                    used its authority under CAA section 110(k)(6) to        guidance (52 FR 45109 (November 24,                   sub-elements; enforcement, state-wide
                                                    remove numerous other SIP provisions that the
                                                                                                             1987)), and the Agency plans to take                  regulation of new and modified minor
                                                    Agency determined it had approved in error. See,
                                                                                                             action in the future to address such state            sources and minor modifications of
                                                    e.g., 61 FR 38664 (July 25, 1996) and 62 FR 34641                                                              major sources; and preconstruction
                                                    (June 27, 1997) (corrections to American Samoa,          regulations. In the meantime, EPA
                                                                                                             encourages any state having a director’s              permitting of major sources and major
                                                    Arizona, California, Hawaii, and Nevada SIPs); 69
                                                    FR 67062 (November 16, 2004) (corrections to
                                                                                                                                                                   modifications in areas designated
                                                                                                                                                                   attainment or unclassifiable for the
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                                                    California SIP); and 74 FR 57051 (November 3,              18 On May 22, 2015, the EPA Administrator

                                                    2009) (corrections to Arizona and Nevada SIPs).          signed a final action entitled, ‘‘State               subject NAAQS as required by CAA title
                                                       17 See, e.g., EPA’s disapproval of a SIP submission   Implementation Plans: Response to Petition for        I part C (i.e., the major source
                                                    from Colorado on the grounds that it would have          Rulemaking; Restatement and Update of EPA’s SSM          PSD program). To meet these
                                                                                                             Policy Applicable to SIPs; Findings of Substantial
                                                    included a director’s discretion provision
                                                                                                             Inadequacy; and SIP Calls to Amend Provisions         obligations, Georgia cited Rules 391–3–
                                                    inconsistent with CAA requirements, including            Applying to Excess Emissions During Periods of
                                                    section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344    Startup, Shutdown, and Malfunction.’’ The               19 On occasion, proposed changes to the
                                                    (July 21, 2010) (proposed disapproval of director’s      prepublication version of this rule is available at   monitoring network are evaluated outside of the
                                                    discretion provisions); 76 FR 4540 (Jan. 26, 2011)       http://www.epa.gov/airquality/urbanair/sipstatus/     network plan approval process in accordance with
                                                    (final disapproval of such provisions).                  emissions.html.                                       40 CFR part 58.



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                                                                              Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules                                           42783

                                                    1–.07 ‘‘Inspections and Investigations,’’                infrastructure SIP submissions. The first             pursuant to section 128 of the Act, and
                                                    Rule 391–3–1–.09 ‘‘Enforcement,’’ and                    two prongs, which are codified in                     (iii) necessary assurances that, where
                                                    Rule 391–3–1–.03(1), ‘‘Construction                      section 110(a)(2)(D)(i)(I), are provisions            the State has relied on a local or
                                                    (SIP) Permit’’ along with the Georgia Air                that prohibit any source or other type of             regional government, agency, or
                                                    Quality Act Article 1: Air Quality                       emissions activity in one state from                  instrumentality for the implementation
                                                    (O.C.G.A. Sections 12–9–13 Proceedings                   contributing significantly to                         of any plan provision, the State has
                                                    for enforcement and 12–9–7 Permit                        nonattainment of the NAAQS in another                 responsibility for ensuring adequate
                                                    required; application; issuance;                         state (‘‘prong 1’’), and interfering with             implementation of such plan provisions.
                                                    revocation, suspension, or amendment)                    maintenance of the NAAQS in another                   EPA is proposing to approve Georgia’s
                                                    each of which pertain to enforcement                     state (‘‘prong 2’’). The third and fourth             SIP as meeting the requirements of
                                                    and permitting of any new major                          prongs, which are codified in section                 section 110(a)(2)(E). EPA’s rationale for
                                                    stationary source or any project at an                   110(a)(2)(D)(i)(II), are provisions that              today’s proposal respecting sub-
                                                    existing major stationary source in an                   prohibit emissions activity in one state              elements (i), (ii), and (iii) is described
                                                    area designated as attainment or                         interfering with measures required to                 below.
                                                    unclassifiable as well as regulation of                  prevent significant deterioration of air                 In support of EPA’s proposal to
                                                    minor stationary sources. In this action,                quality in another state (‘‘prong 3’’), or            approve sub-elements 110(a)(2)(E)(i) and
                                                    EPA is only proposing to approve                         to protect visibility in another state                (iii), EPA notes that GA EPD is
                                                    Georgia’s infrastructure SIP submission                  (‘‘prong 4’’). With respect to Georgia’s              responsible for promulgating rules and
                                                    for the 2008 8-hour ozone NAAQS with                     infrastructure SIP submissions related to             regulations for the NAAQS, emissions
                                                    respect to the general requirement in                    the interstate transport requirements of              standards general policies, a system of
                                                    section 110(a)(2)(C) to include a                        section 110(a)(2)(D)(i)(I) and                        permits, and fee schedules for the
                                                    program in the SIP that provides for the                 110(a)(2)(D)(i)(II) (prongs 1 through 4),             review of plans, and other planning
                                                    enforcement of emission limits and                       EPA is not proposing any action today                 needs. Georgia’s infrastructure SIP
                                                    control measures on sources of oxides of                 regarding these requirements. With                    submission cites Georgia Air Quality
                                                    nitrogen (NOx) and volatile organic                      respect to Georgia’s May 14, 2012,                    Act Article 1: Air Quality (O.C.G.A.
                                                    compounds (VOCs) and the regulation                      infrastructure SIP submission related to              Section 12–9–10 Permit related fees;
                                                    of minor sources and modifications to                    the preconstruction PSD permitting                    costs of public notice and Rule 391–3–
                                                    assist in the protection of air quality in               requirements for major sources of                     1–.03(9) ‘‘Georgia Air Permit Fee
                                                    nonattainment, attainment or                             section 110(a)(2)(D)(i)(II) (prong 3), EPA            System’’ which provides the State’s
                                                    unclassifiable areas.                                    took final action to approve these                    adequate funding and authority and
                                                       Enforcement: GA EPD’s above-                          provisions for the 2008 8-hour ozone                  rules for permit fees. Additionally, as
                                                    described, SIP-approved regulations                      NAAQS on March 18, 2015. See 80 FR                    evidence of the adequacy of GA EPD’s
                                                    provide for enforcement of ozone                         14019. EPA will act on prongs 1, 2, and               resources, EPA submitted a letter to
                                                    precursor (VOC and NOx) emission                         4 of section 110(a)(2)(D)(i)(I) and (II) in           Georgia on March 26, 2014, outlining
                                                    limits and control measures.                             a separate action.                                    105 grant commitments and the current
                                                       Preconstruction PSD Permitting for                       5. 110(a)(2)(D)(ii) Interstate Pollution           status of these commitments for fiscal
                                                    Major Sources: With respect to Georgia’s                 Abatement and International Air                       year 2013. The letter EPA submitted to
                                                    May 14, 2012, infrastructure SIP                         Pollution: Section 110(a)(2)(D)(ii)                   Georgia can be accessed at
                                                    submission related to the                                requires SIPs to include provisions                   www.regulations.gov using Docket ID
                                                    preconstruction PSD permitting                           ensuring compliance with sections 115                 No. EPA–R04–OAR–2012–0696.
                                                    requirements for major sources of                        and 126 of the Act, relating to interstate            Annually, states update these grant
                                                    section 110(a)(2)(C), EPA took final                     and international pollution abatement.                commitments based on current SIP
                                                    action to approve these provisions for                   Rule 391–3–1–.02 ‘‘Provisions’’                       requirements, air quality planning, and
                                                    the 2008 8-hour ozone NAAQS on                           provides how GA EPD will notify                       applicable requirements related to the
                                                    March 18, 2015. See 80 FR 14019.                         neighboring states of potential impacts               NAAQS. Georgia satisfactorily met all
                                                       Regulation of minor sources and                       from new or modified sources                          commitments agreed to in the Air
                                                    modifications: Section 110(a)(2)(C) also                 consistent with the requirements of 40                Planning Agreement for fiscal year 2013,
                                                    requires the SIP to include provisions                   CFR 51.166. In addition, Georgia does                 therefore Georgia’s grants were finalized
                                                    that govern the minor source program                     not have any pending obligation under                 and closed out.
                                                    that regulates emissions of the 2008 8-                  sections 115 and 126 of the CAA.                         With respect to the requirements of
                                                    hour ozone NAAQS. Rule 391–3–1–                          Accordingly, EPA has made the                         section 110(a)(2)(E)(ii) pertaining the
                                                    .03(1), ‘‘Construction (SIP) Permit’’                    preliminary determination that                        state board requirements of CAA section
                                                    governs the preconstruction permitting                   Georgia’s SIP and practices are adequate              128, Georgia’s infrastructure SIP
                                                    of modifications and construction of                     for ensuring compliance with the                      submission cites Georgia Air Quality
                                                    minor stationary sources.                                applicable requirements relating to                   Act Article 1: Air Quality (O.C.G.A.
                                                       EPA has made the preliminary                          interstate and international pollution                Section 12–9–5 Powers and duties of
                                                    determination that Georgia’s SIP and                     abatement for the 2008 8-hour ozone                   Board of Natural Resources as to air
                                                    practices are adequate for enforcement                   NAAQS.                                                quality generally) which provides the
                                                    of control measures and regulation of                       6. 110(a)(2)(E) Adequate Resources                 powers and duties of the Board of
                                                    minor sources and modifications related                  and Authority, Conflict of Interest, and              Natural Resources as to air quality and
                                                    to the 2008 8-hour ozone NAAQS.                          Oversight of Local Governments and                    provides that at least a majority of
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                                                       4. 110(a)(2)(D)(i)(I) and (II) Interstate             Regional Agencies: Section 110(a)(2)(E)               members of this board represent the
                                                    Pollution Transport: Section                             requires that each implementation plan                public interest and not derive any
                                                    110(a)(2)(D)(i) has two components;                      provide (i) necessary assurances that the             significant portion of income from
                                                    110(a)(2)(D)(i)(I) and 110(a)(2)(D)(II).                 State will have adequate personnel,                   persons subject to permits or
                                                    Each of these components have two                        funding, and authority under state law                enforcement orders and that potential
                                                    subparts resulting in four distinct                      to carry out its implementation plan, (ii)            conflicts of interest will be adequately
                                                    components, commonly referred to as                      that the State comply with the                        disclosed. This provision has been
                                                    ‘‘prongs,’’ that must be addressed in                    requirements respecting State Boards                  incorporated into the federally approved


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                                                    42784                     Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules

                                                    SIP. Collectively, these rules and                        states had to report emissions data from              the superior court of the county in
                                                    commitments provide evidence that GA                      17 to 12 months, giving states one                    which the unlawful act or practice has
                                                    EPD has adequate personnel, funding,                      calendar year to submit emissions data.               been or is about to be engaged in, or in
                                                    and legal authority under state law to                    All states are required to submit a                   which jurisdiction is appropriate, for an
                                                    carry out the state’s implementation                      comprehensive emissions inventory                     order enjoining such act or practice or
                                                    plan and related issues to ensure that                    every three years and report emissions                for an order requiring compliance with
                                                    conflicts of interest are adequately                      for certain larger sources annually                   this article. Upon a showing by the
                                                    addressed. EPA has made the                               through EPA’s online Emissions                        director that such person has engaged in
                                                    preliminary determination that Georgia                    Inventory System. States report                       or is about to engage in any such act or
                                                    has adequate resources and authority to                   emissions data for the six criteria                   practice, a permanent or temporary
                                                    satisfy sections 110(a)(2)(E)(i), (ii), and               pollutants and the precursors that form               injunction, restraining order, or other
                                                    (iii) of the 2008 8-hour ozone NAAQS.                     them—NOX, sulfur dioxide, ammonia,                    order shall be granted without the
                                                       7. 110(a)(2)(F) Stationary Source                      lead, carbon monoxide, particulate                    necessity of showing lack of an adequate
                                                    Monitoring and Reporting: Georgia’s                       matter, and volatile organic compounds.               remedy of law.’’ O.C.G.A. Section 12–
                                                    infrastructure SIP submission describes                   Many states also voluntarily report                   19–13 specifically pertains to
                                                    how the State establishes requirements                    emissions of hazardous air pollutants.                enforcement proceedings when the
                                                    for emissions compliance testing and                      Georgia made its latest update to the                 Director of EPD has reason to believe
                                                    utilizes emissions sampling and                           2011 NEI on June 10, 2014. EPA                        that a violation of any provision of the
                                                    analysis. It further describes how the                    compiles the emissions data,                          Georgia Air Quality Act Article 1: Air
                                                    State ensures the quality of its data                     supplementing it where necessary, and                 Quality (O.C.G.A), or environmental
                                                    through observing emissions and                           releases it to the general public through             rules, regulations or orders have
                                                    monitoring operations. GA EPD uses                        the Web site http://www.epa.gov/ttn/                  occurred. O.C.G.A. Section 12–9–14 also
                                                    these data to track progress towards                      chief/eiinformation.html. EPA has made                provides that the Governor, may issue
                                                    maintaining the NAAQS, develop                            the preliminary determination that                    orders as necessary to protect the health
                                                    control and maintenance strategies,                       Georgia’s SIP and practices are adequate              of persons who are, or may be, affected
                                                    identify sources and general emission                     for the stationary source monitoring                  by a pollution source or facility after
                                                    levels, and determine compliance with                     systems obligations for the 2008 8-hour               ‘‘consult[ation] with local authorities in
                                                    emission regulations and additional                       ozone NAAQS.                                          order to confirm the correctness of the
                                                    EPA requirements. Georgia meets these                                                                           information on which action proposed
                                                    requirements through the Georgia Air                         8. 110(a)(2)(G) Emergency powers:
                                                                                                                                                                    to be taken is based and to ascertain the
                                                    Quality Act Article 1: Air Quality                        This section requires that states
                                                                                                                                                                    action which such authorities are or will
                                                    (O.C.G.A. Section 12–9–5(b)(6) Powers                     demonstrate authority comparable with
                                                                                                                                                                    be taking.’’
                                                    and duties of Board of Natural                            section 303 of the CAA and adequate                      Rule 391–3–1–.04 ‘‘Air Pollution
                                                    Resources as to air quality generally),                   contingency plans to implement such                   Episodes’’ provides that the Director of
                                                    Rules 391–3–1–.02(3) ‘‘Sampling,’’ 391–                   authority. Georgia’s infrastructure SIP               EPD ‘‘will proclaim that an Air
                                                    3–1–.02(6)(b) ‘‘General Monitoring and                    submission cites air pollution                        Pollution Alert, Air Pollution Warning,
                                                    Reporting Requirements,’’ 391–3–1–                        emergency episodes and preplanned                     or Air Pollution Emergency exists when
                                                    .02(6) ‘‘Source Monitoring,’’ 391–3–1–                    abatement strategies in the Georgia Air               the meteorological conditions are such
                                                    .02(7) ‘‘Prevention of Significant                        Quality Act: Article 1: Air Quality                   that an air stagnation condition is in
                                                    Deterioration of Air Quality,’’ 391–3–1–                  (O.C.G.A. Sections 12–9–2 Declaration                 existence and/or the accumulation of air
                                                    .02(11) ‘‘Compliance Assurance                            of public policy, 12–9–6 Powers and                   contaminants in any place is attaining
                                                    Monitoring,’’ and, 391–3–1–.03                            duties of director as to air quality                  or has attained levels which could, if
                                                    ‘‘Permits.’’                                              generally, 12–9–12 Injunctive relief, 12–             such levels are sustained or exceeded,
                                                       In addition, Rule 391–3–1-.02(3)                       9–13 Proceedings for enforcement, and                 lead to a substantial threat to the health
                                                    ‘‘Sampling’’ 20 allows for the use of                     12–9–14 Powers of director in situations              of persons in the specific area affected.’’
                                                    credible evidence in the event that the                   involving imminent and substantial                    Collectively the cited provisions
                                                    GA EPD Director has evidence that a                       danger to public health), and Rule 391–               provide that Georgia EPD demonstrate
                                                    source is violating an emission standard                  3–1 .04 ‘‘Air Pollution Episodes.’’                   authority comparable with section 303
                                                    or permit condition, the Director may                     O.C.G.A. Section 12–9–2 provides ‘‘[i]t               of the CAA and adequate contingency
                                                    require that the owner or operator of any                 is declared to be the public policy of the            plans to implement such authority in
                                                    source submit to the Director any                         state of Georgia to preserve, protect, and            the state. EPA has made the preliminary
                                                    information necessary to determine the                    improve air quality . . . to attain and               determination that Georgia’s SIP and
                                                    compliance status of the source. In                       maintain ambient air quality standards                practices are adequate to satisfy the
                                                    addition, EPA is unaware of any                           so as to safeguard the public health,                 emergency powers obligations of the
                                                    provision preventing the use of credible                  safety, and welfare.’’ O.C.G.A. Section               2008 8-hour ozone NAAQS.
                                                    evidence in the Georgia SIP.                              12–9–6(b)(10) provides the Director of                   9. 110(a)(2)(H) SIP revisions: GA EPD
                                                       Georgia is required to submit                          EPD authority to ‘‘issue orders as may                is responsible for adopting air quality
                                                    emissions data to EPA for purposes of                     be necessary to enforce compliance with               rules and revising SIPs as needed to
                                                    the National Emissions Inventory (NEI).                   [the Georgia Air Quality Act Article 1:               attain or maintain the NAAQS in
                                                    The NEI is EPA’s central repository for                   Air Quality (O.C.G.A)] and all rules and              Georgia. Georgia Air Quality Act: Article
                                                                                                              regulations of this article.’’ O.C.G.A.               1: Air Quality (O.C.G.A. Section 12–9–
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                                                    air emissions data. EPA published the
                                                    Air Emissions Reporting Rule (AERR)                       Section 12–9–12 provides that                         6(b)(12), 12–9–6(b)(13) Powers and
                                                    on December 5, 2008, which modified                       ‘‘[w]henever in the judgment of the                   duties of director as to air quality
                                                    the requirements for collecting and                       director any person has engaged in or is              generally) provides Georgia the
                                                    reporting air emissions data. See 73 FR                   about to engage in any act or practice                authority to implement the CAA and
                                                    76539. The AERR shortened the time                        which constitutes or will constitute an               submit SIP revisions whenever the
                                                                                                              unlawful action under [the Georgia Air                NAAQS are revised. These provisions
                                                      20 This rule is not approved into the federally         Quality Act Article 1: Air Quality                    also provide GA EPD the ability and
                                                    approved SIP.                                             (O.C.G.A)], he may make application to                authority to respond to calls for SIP


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                                                                              Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules                                                     42785

                                                    revisions, and Georgia has provided a                    EPD to consult with federal, state and                Quality Models,’’ incorporates by
                                                    number of SIP revisions over the years                   local transportation and air quality                  reference 40 CFR 52.21(l), which
                                                    for implementation of the NAAQS.                         agency officials on the development of                specifies that air modeling be conducted
                                                    Accordingly, EPA has made the                            motor vehicle emissions budgets. The                  in accordance with 40 CFR part 51,
                                                    preliminary determination that                           Regional Haze SIP provides for                        Appendix W ‘‘Guideline on Air Quality
                                                    Georgia’s SIP and practices adequately                   consultation between appropriate state,               Models.’’ This regulation demonstrates
                                                    demonstrate a commitment to provide                      local, and tribal air pollution control               that Georgia has the authority to
                                                    future SIP revisions related to the 2008                 agencies as well as the corresponding                 perform air quality modeling and to
                                                    8-hour ozone NAAQS, when necessary.                      Federal Land Managers.                                provide relevant data for the purpose of
                                                      10. 110(a)(2)(J) Consultation with                       Public notification (127 public                     predicting the effect on ambient air
                                                    Government Officials, Public                             notification): GA EPD has public notice               quality of the 2008 8-hour ozone
                                                    Notification, and PSD and Visibility                     mechanisms in place to notify the                     NAAQS. Additionally, Georgia supports
                                                    Protection: EPA is proposing to approve                  public of ozone and other pollutant                   a regional effort to coordinate the
                                                    Georgia’s infrastructure SIP for the 2008                forecasting, including an air quality                 development of emissions inventories
                                                    8-hour ozone NAAQS with respect to                       monitoring Web site providing ground                  and conduct regional modeling for
                                                    the general requirement in section                       level ozone alerts, http://                           several NAAQS, including the 2008 8-
                                                    110(a)(2)(J) to include a program in the                 www.georgiaair.org/smogforecast/.                     hour ozone NAAQS, for the
                                                    SIP that complies with the applicable                    Regulation 391–3–1–.04, ‘‘Air Pollution               Southeastern states. Taken as a whole,
                                                    consultation requirements of section                     Episodes,’’ requires that EPD notify the              Georgia’s air quality regulations
                                                    121, the public notification                             public of any air pollution episode or                demonstrate that GA EPD has the
                                                    requirements of section 127, and                         NAAQS violation. Additionally, the                    authority to provide relevant data for
                                                    visibility protection. With respect to                   Georgia SIP process affords the public                the purpose of predicting the effect on
                                                    Georgia’s infrastructure SIP submission                  an opportunity to participate in                      ambient air quality of the 2008 8-hour
                                                    related to the preconstruction PSD                       regulatory and other efforts to improve               ozone NAAQS. EPA has made the
                                                    permitting, EPA took final action to                     air quality by holding public hearings                preliminary determination that
                                                    approve Georgia’s May 14, 2012, 2008 8-                  for interested persons to appear and                  Georgia’s SIP and practices adequately
                                                    hour ozone NAAQS infrastructure SIP                      submit written or oral comments.                      demonstrate the State’s ability to
                                                    for these requirements on March 18,                        Visibility Protection: EPA’s September              provide for air quality modeling, along
                                                    2015. See 80 FR 14019. EPA’s rationale                   2013 Infrastructure SIP Guidance notes                with analysis of the associated data,
                                                    for its proposed action regarding                        that EPA does not generally treat the                 related to the 2008 8-hour ozone
                                                    applicable consultation requirements of                  visibility protection aspects of section              NAAQS when necessary.
                                                    section 121, the public notification                     110(a)(2)(J) as applicable for purposes of               12. 110(a)(2)(L) Permitting fees: This
                                                    requirements of section 127, and the                     the infrastructure SIP approval process.              element necessitates that the SIP require
                                                    visibility requirements is described                     EPA recognizes that states are subject to             the owner or operator of each major
                                                    below.                                                   visibility protection and regional haze               stationary source to pay to the
                                                      Consultation with government                           program requirements under Part C of                  permitting authority, as a condition of
                                                    officials (121 consultation): Section                    the Act (which includes sections 169A                 any permit required under the CAA, a
                                                    110(a)(2)(J) of the CAA requires states to               and 169B). However, in the event of the               fee sufficient to cover (i) the reasonable
                                                    provide a process for consultation with                  establishment of a new primary                        costs of reviewing and acting upon any
                                                    local governments, designated                            NAAQS, the visibility protection and                  application for such a permit, and (ii) if
                                                    organizations and federal land managers                  regional haze program requirements                    the owner or operator receives a permit
                                                    (FLMs) carrying out NAAQS                                under part C do not change. Thus, EPA                 for such source, the reasonable costs of
                                                    implementation requirements pursuant                     concludes there are no new applicable                 implementing and enforcing the terms
                                                    to section 121 relative to consultation.                 visibility protection obligations under               and conditions of any such permit (not
                                                    Georgia Air Quality Act: Article 1: Air                  section 110(a)(2)(J) as a result of the               including any court costs or other costs
                                                    Quality (O.C.G.A. Section 12–9–5(b)(17)                  2008 8-hour ozone NAAQS that need to                  associated with any enforcement
                                                    Powers and duties of Board of Natural                    be addressed in Georgia’s infrastructure              action), until such fee requirement is
                                                    Resources as to air quality generally),                  SIP submission as it relates to visibility            superseded with respect to such sources
                                                    Georgia Administrative Procedures Act                    protection.                                           by the Administrator’s approval of a fee
                                                    (O.C.G.A. Section 50–13–4 Procedural                       EPA has made the preliminary                        program under title V.
                                                    requirements for adoption, amendment,                    determination that Georgia’s SIP and                     To satisfy these requirements,
                                                    or repeal of rules; emergency rules;                     practices adequately demonstrate the                  Georgia’s infrastructure SIP submission
                                                    limitation on action to contest rule;                    State’s ability to provide consultation               cites Rule 391–3–1–.03(9) ‘‘Permit
                                                    legislative override), and Rule 391–3–1–                 with government officials, public                     Fees,’’ 21 which includes the federally
                                                    .02(7) ‘‘Prevention of Significant                       notification related to the 2008 8-hour               approved title V fee program.
                                                    Deterioration (PSD)’’ as it relates to                   ozone NAAQS when necessary, and, as                   Additionally, Georgia’s PSD and NNSR
                                                    Class I areas along with the Regional                    explained above, is sufficient for                    programs are funded by title V fees.
                                                    Haze SIP Plan provide for consultation                   visibility protection for this element.               Georgia’s authority to charge fees or
                                                    with government officials whose                            11. 110(a)(2)(K) Air Quality Modeling               require funding for processing PSD and
                                                    jurisdictions might be affected by SIP                   and Submission of Modeling Data:                      NNSR permits is provided for in the
                                                    development activities. These                            Section 110(a)(2)(K) of the CAA requires
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                                                                                                                                                                   Georgia Air Quality Act: Article 1: Air
                                                    consultation procedures were developed                   that SIPs provide for performing air                  Quality (O.C.G.A. Section 12–9–10
                                                    in coordination with the transportation                  quality modeling so that effects on air               Permit related fees; costs of public
                                                    partners in the State and are consistent                 quality of emissions from NAAQS                       notice). Georgia’s fully approved title V
                                                    with the approaches used for                             pollutants can be predicted and                       operating permit program covers the
                                                    development of mobile inventories for                    submission of such data to the USEPA                  cost of implementation and enforcement
                                                    SIPs. Implementation of transportation                   can be made. Regulation 391–3–1–
                                                    conformity as outlined in the                            .02(7)(b)(8), ‘‘Prevention of Significant               21 This rule is not approved into the federally

                                                    consultation procedures requires GA                      Deterioration of Air Quality (PSD)-Air                approved SIP.



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                                                    42786                     Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules

                                                    of PSD and NNSR permits after they                       infrastructure SIP submission for the                 Order 13132 (64 FR 43255, August 10,
                                                    have been issued. EPA has made the                       2008 8-hour ozone NAAQS because                       1999);
                                                    preliminary determination that                           these aspects of the submission are                     • is not an economically significant
                                                    Georgia’s practices adequately provide                   consistent with section 110 of the CAA.               regulatory action based on health or
                                                    for permitting fees related to the 2008 8-               EPA previously acted upon Georgia’s                   safety risks subject to Executive Order
                                                    hour ozone NAAQS, when necessary.                        infrastructure submission for the PSD                 13045 (62 FR 19885, April 23, 1997);
                                                      13. 110(a)(2)(M) Consultation and                      permitting requirements for major
                                                    Participation by Affected Local Entities:                                                                        • is not a significant regulatory action
                                                                                                             sources of sections 110(a)(2)(C), (D)(i)(II)
                                                    This element requires states to provide                                                                        subject to Executive Order 13211 (66 FR
                                                                                                             prong 3 and (J) on March 18, 2015, and
                                                    for consultation and participation in SIP                                                                      28355, May 22, 2001);
                                                                                                             will address prongs 1, 2, and 4 of
                                                    development by local political                           section 110(a)(2)(D)(i)(I) and (II) in a                • is not subject to requirements of
                                                    subdivisions affected by the SIP. The                    separate action.                                      Section 12(d) of the National
                                                    Georgia Air Quality Act: Article 1: Air                                                                        Technology Transfer and Advancement
                                                    Quality (O.C.G.A. Section 12–9–5                         VI. Statutory and Executive Order                     Act of 1995 (15 U.S.C. 272 note) because
                                                    (b)(17) Powers and duties of Board of                    Reviews                                               application of those requirements would
                                                    Natural Resources as to air quality                         Under the CAA, the Administrator is                be inconsistent with the CAA; and
                                                    generally) establishes ‘‘satisfactory                    required to approve a SIP submission                    • does not provide EPA with the
                                                    processes of consultation and                            that complies with the provisions of the              discretionary authority to address, as
                                                    cooperation with local governments or                    Act and applicable federal regulations.               appropriate, disproportionate human
                                                    other designated organizations of                        See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               health or environmental effects, using
                                                    elected officials or federal agencies for                Thus, in reviewing SIP submissions,                   practicable and legally permissible
                                                    purposes of planning [and                                EPA’s role is to approve state choices,               methods, under Executive Order 12898
                                                    implementation].’’ Furthermore, GA                       provided that they meet the criteria of               (59 FR 7629, February 16, 1994).
                                                    EPD has demonstrated consultation                        the CAA. Accordingly, this proposed
                                                                                                                                                                     In addition, the Georgia SIP is not
                                                    with, and participation by, affected local               action merely approves state law as
                                                                                                                                                                   approved to apply on any Indian
                                                    entities through its work with local                     meeting federal requirements and does
                                                                                                                                                                   reservation land or in any other area
                                                    political subdivisions during the                        not impose additional requirements
                                                                                                                                                                   where EPA or an Indian tribe has
                                                    developing of its Transportation                         beyond those imposed by state law. For
                                                                                                                                                                   demonstrated that a tribe has
                                                    Conformity SIP, and Regional Haze                        that reason, this proposed action:
                                                                                                                • is not a significant regulatory action           jurisdiction. In those areas of Indian
                                                    Implementation Plan. EPA has made the
                                                                                                             subject to review by the Office of                    country, the rule does not have tribal
                                                    preliminary determination that
                                                                                                             Management and Budget under                           implications as specified by Executive
                                                    Georgia’s SIP and practices adequately
                                                                                                             Executive Orders 12866 (58 FR 51735,                  Order 13175 (65 FR 67249, November 9,
                                                    demonstrate consultation with affected
                                                                                                             October 4, 1993) and 13563 (76 FR 3821,               2000), nor will it impose substantial
                                                    local entities related to the 2008 8-hour
                                                                                                             January 21, 2011);                                    direct costs on tribal governments or
                                                    ozone NAAQS, when necessary.
                                                                                                                • does not impose an information                   preempt tribal law.
                                                    V. Proposed Action                                       collection burden under the provisions                List of Subjects in 40 CFR Part 52
                                                      With the exception of the PSD                          of the Paperwork Reduction Act (44
                                                    permitting requirements for major                        U.S.C. 3501 et seq.);                                   Environmental protection, Air
                                                    sources contained in section                                • is certified as not having a                     pollution control, Incorporation by
                                                    110(a)(2)(C), (D)(i)(II) prong 3, and (J)                significant economic impact on a                      reference, Intergovernmental relations,
                                                    and the interstate transport                             substantial number of small entities                  Nitrogen dioxide, Ozone, Reporting and
                                                    requirements of section 110(a)(2)(D)(i)(I)               under the Regulatory Flexibility Act (5               recordkeeping requirements, Volatile
                                                    and (II) (prongs 1, 2 and 4), EPA is                     U.S.C. 601 et seq.);                                  organic compounds.
                                                    proposing to approve GA EPD’s                               • does not contain any unfunded                      Authority: 42 U.S.C. 7401 et seq.
                                                    infrastructure SIP submission,                           mandate or significantly or uniquely
                                                                                                                                                                     Dated: July 6, 2015.
                                                    submitted May 14, 2012, for the 2008 8-                  affect small governments, as described
                                                    hour ozone NAAQS because it meets the                    in the Unfunded Mandates Reform Act                   Heather McTeer Toney,
                                                    above described infrastructure SIP                       of 1995 (Pub. L. 104–4);                              Regional Administrator, Region 4.
                                                    requirements. EPA is proposing to                           • does not have Federalism                         [FR Doc. 2015–17740 Filed 7–17–15; 8:45 am]
                                                    approve these portions of Georgia’s                      implications as specified in Executive                BILLING CODE 6560–50–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS




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Document Created: 2015-12-15 12:58:02
Document Modified: 2015-12-15 12:58:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before August 19, 2015.
ContactNacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]
FR Citation80 FR 42777 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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